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{ "pdf_file": "MYKPH7XVYJANM6NEUFMBWLHISDBHMI2C.pdf", "text": "363 Office of the Assistant Secretary, HUD § 906.15 \n§ 906.9 Title restrictions and encum-\nbrances on properties sold under a homeownership program. \n(a) If the property is subject to in-\ndebtedness under the Annual Contribu-tions Contract (ACC), HUD will con-tinue to make any debt service con-tributions for which it is obligated under the ACC, and the property sold will not be subject to the encumbrance of that indebtedness. \n(b) Upon sale of a public housing unit \nto a public housing tenant or eligible family, or to a PRE operating the units as non-public housing, in accordance with the HUD-approved homeownership program, HUD will execute a release of the title restrictions prescribed by the ACC. Because the property will no longer be subject to the ACC after sale, it will cease to be eligible for public housing Operating Fund or Capital Fund payments. \nSubpart C—Purchaser \nRequirements \n§ 906.11 Eligible purchasers. \nEntities that purchase units from the \nPHA for resale to low-income families (purchase and resale entities or PREs) and low-income families are eligible to purchase properties made available for sale under a PHA homeownership pro-gram. \n§ 906.13 Right of first refusal. \n(a) In selling a public housing unit \nunder a homeownership program, the PHA or PRE must initially offer the unit to the resident occupying the unit, if any, notwithstanding the re-quirements of §§906.15(a) and 906.15(c). \n(b) This program does not require the \nPHA, when selling a unit that is a non- public housing unit, to offer the unit for sale first to the current resident of the unit. \n§ 906.15 Requirements applicable to a \nfamily purchasing a property under a homeownership program. \n(a) Low-income requirement. Except in \nthe case of a PHA’s offer of first refusal to a resident occupying the unit under \n§906.13, a family purchasing a property under a PHA homeownership program must be a low-income family, as de-fined in section 3 of the 1937 Act (42 U.S.C. 1437a), at the time the contract \nto purchase the property is executed. \n(b) Principal residence requirement. \nThe dwelling unit sold to an eligible family must be used as the principal residence of the family. \n(c) Financial capacity requirement. Eli-\ngibility must be limited to families who are capable of assuming the finan-cial obligations of homeownership, under minimum income standards for affordability, taking into account the unavailability of public housing oper-ating subsidies and modernization funds after conveyance of the property by the PHA. A homeownership program may, however, take account of any available subsidy from other sources. Under this affordability standard, an applicant must meet the following re-quirements: \n(1) Cost/income ratio. On an average \nmonthly estimate, the amount of the applicant’s payments for mortgage principal and interest, plus insurance, real estate taxes, utilities, mainte-nance, and other regularly recurring homeownership costs (such as condo-minium, cooperative, or other home-ownership association fees) will not ex-ceed the sum of: \n(i) 35 percent of the applicant’s ad-\njusted income as defined in 24 CFR part 913; and \n(ii) Any subsidy that will be available \nfor such payments; \n(2) Down payment requirement. Each \nfamily purchasing housing under a homeownership program must provide a down payment in connection with any loan for acquisition of the housing, \nin an amount determined by the PHA or PRE, in accordance with an ap-proved homeownership program. Ex-cept as provided in paragraph (c)(3) of this section, the PHA or PRE must per-mit the family to use grant amounts, gifts from relatives, contributions from private sources, and other similar amounts in making the down payment; \n(3) The family must use its own re-\nsources other than grants, gifts, con-tributions, or similar amounts, to con-tribute an amount of the down pay-ment that is not less than one percent of the purchase price of the housing. The PHA or PRE must maintain records that are verifiable by HUD \nVerDate May<04>2004 09:39 May 19, 2004 Jkt 203079 PO 00000 Frm 00363 Fmt 8010 Sfmt 8010 Y:\\SGML\\203079T.XXX 203079T 364 24 CFR Ch. IX (4–1–04 Edition) § 906.17 \nthrough audits regarding the source of \nthis one percent contribution. \n(d) Other requirements established by \nthe PHA. A PHA may establish require-\nments or limitations for families to purchase housing under a homeowner-ship program, including but not lim-ited to requirements or limitations re-garding: \n(1) Employment or participation in \nemployment counseling or training ac-tivities; \n(2) Criminal activity; (3) Participation in homeownership \ncounseling programs; and \n(4) Evidence of regular income. \n§ 906.17 PHA handling of homeowner-\nship applications. \nFamilies who are interested in pur-\nchasing a unit must submit applica-tions to the PHA or PRE for that spe-cific purpose, and those applications must be handled separately from appli-cations for other PHA programs. Appli-cation for homeownership must not af-fect an applicant’s place on any other PHA waiting list for rental units. \n§ 906.19 Requirements applicable to a \npurchase and resale entity (PRE). \n(a) In general. In the case of a pur-\nchase of units for resale to low-income families by a PRE, the PHA must have an approved homeownership program that describes the use of a PRE to sell the units to low-income families with-in 5 years from the date of the PRE’s acquisition of the units. \n(b) PRE requirements. The PHA must \ndemonstrate in its homeownership pro-gram that the PRE has the necessary legal capacity and administrative ca-pability to carry out its responsibil-ities under the program. The PHA’s homeownership program also must contain a written agreement (not re-quired to be submitted as part of the homeownership plan) that specifies the respective rights and obligations of the PHA and the PRE, and which includes: \n(1) Assurances that the PRE will \ncomply with all provisions of the HUD- approved homeownership program; \n(2) Assurances that the PRE will be \nsubject to a title restriction providing that the property must be resold or otherwise transferred only by convey-ance of individual dwellings to eligible families, in accordance with the HUD- \napproved homeownership program, or by reconveyance to the PHA, and that the property will not be encumbered by the PRE without the written consent of the PHA; \n(3) Protection against fraud or mis-\nuse of funds or other property on the part of the PRE, its employees, and agents; \n(4) Assurances that the resale pro-\nceeds will be used only for the purposes specified by the HUD-approved home-ownership program; \n(5) Limitation of the PRE’s adminis-\ntrative and overhead costs, and of any compensation or profit that may be re-alized by the PRE, to amounts that are reasonable in relation to its respon-sibilities and risks; \n(6) Accountability to the PHA and \nresidents for the recordkeeping, report-ing, and audit requirements of §906.33; \n(7) Assurances that the PRE will ad-\nminister its responsibilities under the plan on a nondiscriminatory basis, in accordance with the Fair Housing Act, its implementing regulations, and other applicable civil rights statutes and authorities, including the authori-ties cited in §5.105(a) of this title; and \n(8) Adequate legal remedies for the \nPHA and residents, in the event of the PRE’s failure to perform in accordance with the agreement. \n(c) Sale to low-income families. The re-\nquirement for a PRE to sell units under a homeownership program only to low-income families must be re-corded as a deed restriction at the time of purchase by the PRE. \n(d) Resale within five years. A PRE \nmust agree that, with respect to any units it acquires under a homeowner-ship program under this part, it will transfer ownership to the PHA if the PRE fails to resell the unit to a low-in-come family within 5 years of the PRE’s acquisition of the unit. \nSubpart D—Program \nAdministration \n§ 906.23 Protections available to non- \npurchasing public housing resi-dents. \n(a) If a public housing resident does \nnot exercise the right of first refusal under §906.13, and the PHA determines \nVerDate May<04>2004 09:39 May 19, 2004 Jkt 203079 PO 00000 Frm 00364 Fmt 8010 Sfmt 8010 Y:\\SGML\\203079T.XXX 203079T" }

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{ "pdf_file": "KHFVIIN7BUD6WPBAO3FNRJXTCS5FVIOK.pdf", "text": "      \n     \n                              \n                             \n                        \n         \n                       \n                       \n                             \n       \n                                   \n \n                                                                                                \n                                     \n       \n                                   \n   \n                                   \n   \n               \n                               \n       \n   \n  \n                                 \n       \n                            \n \n \n \n\t \n\t \n\t \n\t \n \n \n \n \n \n \n \n \n \n \n \n\t \n\t \n\t \n\t \n\t \n \n\t \n \n\t \n \n \n \n\t \n\t \n \n \n\t \n \n \n \n \nHIV,  Other  STD,  and  Teen  Pregnancy  Prevention  and \n North  Carolina  Students \nWhat i s the problem? \nThe 2011 North Carolina Youth Risk Behavior Survey indicates that among high school students: \nSexual Risk Behaviors \n•\t 49% ever had sexual intercourse. \n•\t 9% had sexual intercourse for the first time before age 13 years. \n•\t 17% had sexual intercourse with four or more persons during their life. \n•\t 35% had sexual intercourse with at least one person during the 3 months before the survey. \n• 46%  did  not  use  a  condom  during  last  sexual  intercourse.   (1)\n \n \n• — did n ot  use birth control pills or Depo­Provera  (or any injectable  birth control), Nuva Ring (or any birth control ring), \nimplanon  (or  any  implant),   or  any  IUD  before  last  sexual  intercourse.   (1)\n \n \n• —  w ere  never  taught  in  school  about  AIDS or  HIV  infection.\n \n \nAlc\nohol and Other Drug Use \n• 2 5%  drank  alcohol  or  used  drugs  before  last  sexual  intercourse.   (1)\n \n \n• —\n used a needle to inject any illegal drug into their body one or more times during their life.\n \nWhat are the solutions? \nBetter health education • More comprehensive health services • More supportive policies • More family involvement \nWhat is the status? \nThe 2012 North Carolina School Health Profiles indicates that among high schools: \nHealth Education \n•\t 17% required students to take 2 or more health education courses. \n•\t 75% had a health education curriculum that addresses all 8 national standards for health education. \n•\t 69% taught 9 key pregnancy, HIV, or other STD prevention topics in a required course. \n•\t 39% taught 4 key topics related to condom use in a required course. \n•\t 83% taught how to access valid and reliable health information, products, or services related to HIV, other STDs, and \npregnancy in a required course. \n•\t 58% had a lead health education teacher who received professional development during the 2 years before the survey \non HIV prevention. \n•\t 49% had a lead health education teacher who received professional development during the 2 years before the survey \non pregnancy prevention. \nHealth Services \n•\t \t 3 3%  had  a  full­time  registered   nurse  who  provides  health  services  to  students  at  school.  \nSu\npportive Policies \n•\t 32% had a gay/straight alliance or similar club. \n•\t 5% provided curricula or supplementary materials and engaged in 5 practices related to lesbian, gay, bisexual, \ntransgender, or questioning (LGBTQ) youth. \nFamily Involvement \n•\t 27% provided parents and families health information to increase parent and family knowledge of HIV prevention, STD \nprevention, or teen pregnancy prevention. \n1. Among  students  who  were  currently  sexually  active.  \n­ Data not available. \nWhere can I get more information? Visit www.cdc.gov/yrbss or call 800­CDC­INFO (800­232­4636). \n" }

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{ "pdf_file": "KVJK5CIVGUYCJMJWGDBDHR4DRDXZVSBF.pdf", "text": " \nFOR IMMEDIATE RELEASE CONTACT: Lois Park Mole \nDate: Octo ber 1, 2009 Director \n Government and \nCommunity Relations \n (803) 898 -9743 \n \nThe Commission of the South Carolina Department of Disabilities and Special Needs \nwill meet at the Central Admini strative Office on Monday, October 5, 200 9, for the sole \npurpose of interviewing candidates for the position of State Director . \nImmediately upon convening the meeting, the Commission will enter \nExecutive Session , which will be closed to the public. The final decision will be \nvoted on in public at the regular meeting scheduled for Thursday, Octo ber 1 5, \n2009. \n For further information or assistance, contact the SCDDSN Community Education Office \nat (803) 898 -9743 or (803) 898 -9600 (Telephone and TTY). \n-- end – \n " }

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{ "pdf_file": "Y34N44UQJPD6YLGSXDZREWUIXVBPNLZH.pdf", "text": "South BeachNorth Beach\nWater Treatment\nPlantLobos Creek/Outlet and\nRiparian area closed\nto dog walkingNorth\nPicnic AreaBaker Beach\nAccess Trail #3\nSouth\nPicnic Area\n25th Ave\nEntrancePresidio Trust\nManaged Area \nPresidio Trust\nManaged Area Battery\nChamberlin\nCoastal TrailBatteryChamberlinTrailPresidioSandLadder(DuneTrail)BatteryCrosbyTrailBatteries to\nBluffs Trail\nBaker Beach\nAccess Trail #1\nBaker Beach\nAccess Trail #6Baker Beach\nAccess Trail #2\nBaker Beach\nAccess Trail #5Baker Beach\nAccess Trail #4\nCoastal Trail\nCoastalTrail\nBatteriestoBluffsTrailSee Inset for\nTrail ContinuationNational Park Service\nU.S. Department of the Interior\nDog walking allowed only in areas designated\nfor on-leash.\nParking lots, sidewalks and paved public roads are\nopen to on-leash dog walking unless posted\nTrails shown are only official NPS trails and names\nare current as of 8/2015.\n0 600ÁAlternative F\nLeash RequiredÁ 0 1,000\nFeetMap 12F-1: Baker Beach\nGolden Gate National Recreation Area\nPlan\\FEIS BoundaryTrail - Leash Required\nFormer trail, road and feature names are in parens.\nFeet\nFinal Dog Management Plan/EIS\nFor Illustrative Purposes Only South BeachNorth Beach\nWater Treatment\nPlantLobos Creek/outlet and\nriparian area closed\nto dog walkingNorth\nPicnic AreaBaker Beach\nAccess Trail #3\nSouth\nPicnic Area\n25th Ave\nEntrancePresidio Trust\nManaged Area \nPresidio Trust\nManaged Area Battery\nChamberlin\nCoastal TrailBatteryChamberlinTrailPresidioSandLadder(DuneTrail)BatteryCrosbyTrailBatteries to\nBluffs Trail\nBaker Beach\nAccess Trail #1\nBaker Beach\nAccess Trail #6Baker Beach\nAccess Trail #2\nBaker Beach\nAccess Trail #5Baker Beach\nAccess Trail #4\nCoastal Trail\nCoastalTrail\nBatteriestoBluffsTrailSee Inset for\nTrail ContinuationNational Park Service\nU.S. Department of the Interior\nDog walking allowed only in areas designated\nfor on-leash.\nParking lots, sidewalks and paved public roads are\nopen to on-leash dog walking unless posted\nTrails shown are only official NPS trails and names\nare current as of 8/2015.\n0 600ÁAlternative F\nLeash RequiredÁ 0 1,000\nFeetMap 12F-2: Baker Beach\nWalking 4-6 Dogs Allowed with NPS Permit \nGolden Gate National Recreation Area\nPlan\\FEIS BoundaryTrail - Leash Required\nFormer trail, road and feature names are in parens.\nFeet\nFinal Dog Management Plan/EIS\nFor Illustrative Purposes Only Map 13-A: Lands End / Fort Miley\nAlternative A\nVoice ControlMemorial Parking Lot\nLands End\nParking LotGateSteps\nSEAL ROCKEL CAMINO DEL MAR RDFORT MILEY #7\nVETERANS\nHOSPITALFORT MILEY #5\nAdventure\nChallengeCourseEl Camino Del Mar Trail\nEast\nFortMileyWestFortMiley\nFORT MILEY #8PicnicAreaLegion of HonorEL CAMINO DEL MAR RDLands End Point\nPainted Rock\nPointLobosDead Man’s Point\nEagle’s Point\nMile Rock Beach\nCLEMENT\nPOINT LOBOS\nGEARYLands End Coastal Trail\nLands End Coastal Trail\nParking lots, picnic areas and paved public roads \nare open to on-leash dog walking unless otherwise noted.East-Side Trail Corridor\nVisitor\nCenterOld Roadway\nNational Park ServiceU.S. Department of the Interior\nGolden Gate National Recreation Area\nN\nPlan/EIS Boundary\nTrail and /f_ire road names ar\ne current as of\nJanuary 2013 but are subject to change.\nFinal Dog Management Plan/EIS \nFor Illustrative Purposes Only Map 13-B: Lands End / Fort Miley\nAlternative B\nLeash Required\nMemorial Parking Lot\nLands End\nParking LotGateSteps\nSEAL ROCKEL CAMINO DEL MAR RDFORT MILEY #7\nVETERANS\nHOSPITALFORT MILEY #5\nAdventure\nChallengeCourseEl Camino Del Mar Trail\nEast\nFortMileyWestFortMiley\nFORT MILEY #8PicnicAreaLegion of HonorEL CAMINO DEL MAR RDLands End Point\nPainted Rock\nPointLobosDead Man’s Point\nEagle’s Point\nMile Rock Beach\nCLEMENT\nPOINT LOBOS\nGEARYLands End Coastal Trail\nLands End Coastal Trail\nParking lots, picnic areas and paved public roads \nare open to on-leash dog walking unless otherwise noted.East-Side Trail Corridor\nVisitor\nCenterOld Roadway\nNational Park ServiceU.S. Department of the Interior\nGolden Gate National Recreation Area\nN\nPlan/EIS Boundary\nTrail and /f_ire road names ar\ne current as of\nJanuary 2013 but are subject to change.\nFinal Dog Management Plan/EIS \nFor Illustrative Purposes Only Map 13-C: Lands End / Fort Miley\nAlternative C\nLeash Required\nMemorial Parking Lot\nLands End\nParking LotGateSteps\nSEAL ROCKEL CAMINO DEL MAR RDFORT MILEY #7\nVETERANS\nHOSPITALFORT MILEY #5\nAdventure\nChallengeCourseEl Camino Del Mar Trail\nEast\nFortMileyWestFortMiley\nFORT MILEY #8PicnicAreaLegion of HonorEL CAMINO DEL MAR RDLands End Point\nPainted Rock\nPointLobosDead Man’s Point\nEagle’s Point\nMile Rock Beach\nCLEMENT\nPOINT LOBOS\nGEARYLands End Coastal Trail\nLands End Coastal Trail\nParking lots, picnic areas and paved public roads \nare open to on-leash dog walking unless otherwise noted.East-Side Trail Corridor\nVisitor\nCenterOld Roadway\nNational Park ServiceU.S. Department of the Interior\nGolden Gate National Recreation Area\nN\nPlan/EIS Boundary\nTrail and /f_ire road names ar\ne current as of\nJanuary 2013 but are subject to change.\nFinal Dog Management Plan/EIS \nFor Illustrative Purposes Only Map 13-D: Lands End / Fort Miley\nAlternative D\nLeash Required\nMemorial Parking Lot\nLands End\nParking LotGateSteps\nSEAL ROCKEL CAMINO DEL MAR RDFORT MILEY #7\nVETERANS\nHOSPITALFORT MILEY #5\nAdventure\nChallengeCourseEl Camino Del Mar Trail\nEast\nFortMileyWestFortMiley\nFORT MILEY #8PicnicAreaLegion of HonorEL CAMINO DEL MAR RDLands End Point\nPainted Rock\nPointLobosDead Man’s Point\nEagle’s Point\nMile Rock Beach\nCLEMENT\nPOINT LOBOS\nGEARYLands End Coastal Trail\nLands End Coastal Trail\nParking lots, picnic areas and paved public roads \nare open to on-leash dog walking unless otherwise noted.East-Side Trail Corridor\nVisitor\nCenterOld Roadway\nNational Park ServiceU.S. Department of the Interior\nGolden Gate National Recreation Area\nN\nPlan/EIS Boundary\nTrail and /f_ire road names ar\ne current as of\nJanuary 2013 but are subject to change.\nFinal Dog Management Plan/EIS \nFor Illustrative Purposes Only Map 13-E: Lands End / Fort Miley\nAlternative E\nLeash Required\nMemorial Parking Lot\nLands End\nParking LotGateSteps\nSEAL ROCKEL CAMINO DEL MAR RDFORT MILEY #7\nVETERANS\nHOSPITALFORT MILEY #5\nAdventure\nChallengeCourseEl Camino Del Mar Trail\nEast\nFortMileyWestFortMiley\nFORT MILEY #8PicnicAreaLegion of HonorEL CAMINO DEL MAR RDLands End Point\nPainted Rock\nPointLobosDead Man’s Point\nEagle’s Point\nMile Rock Beach\nCLEMENT\nPOINT LOBOS\nGEARYLands End Coastal Trail\nLands End Coastal Trail\nParking lots, picnic areas and paved public roads \nare open to on-leash dog walking unless otherwise noted.East-Side Trail Corridor\nVisitor\nCenterOld Roadway\nNational Park ServiceU.S. Department of the Interior\nGolden Gate National Recreation Area\nN\nPlan/EIS Boundary\nTrail and /f_ire road names ar\ne current as of\nJanuary 2013 but are subject to change.\nFinal Dog Management Plan/EIS \nFor Illustrative Purposes Only CoastalTrail(LandsEnd)\nElCaminodelMar32nd\nAveElCaminodelMar\nMemorial\nParking Lot\nLands End\nParking Lot\nand VCLands End\nStaircase NorthPark\nBoundary\nPark\nBoundary\nClementStCoastal Trail\nLands End\nStaircase South\nPointLobosAveCoastalTrail(LandsEnd)\nCoastal Trail (Lands End)\nElCaminodelMarTrailGolfCourseRoad\nVeteran'sTrail\nEast F\nortM\niley\nTrail\nClementTrail\nSutroBathsTrailSutroBathsUpperTrailMerrie\nWay Trail\nSutro Heights\nLoop TrailLegion of\nHonor TrailMile Rock\nLookout Trail\nMemorial\nStairsMile Rock TrailEagle's PointDead Man's Point\nLands End Point\nMile Rock Beach\nPoint LobosWest Fort\nMiley Trail\nWest\nFort MileyEast\nFort MileyVA Medical \nCenterEl Camino Del Mar TrailNational Park Service\nU.S. Department of the InteriorMap: 13F Lands End/Fort Miley\nGolden Gate National Recreation Area\nAlternative F\nLeash Required\nDog walking allowed only in areas designated\nfor on-leash.\nParking lots, sidewalks and paved public roads\nare open to on-leash dog walking unless posted.\nTrails shown are only official NPS trails and names\nare current as of 8/2015.\n0 1,000ÁPlan\\FEIS BoundaryTrail - Leash Required\nFormer trail, road and feature names are in parens.\nFeet\nFinal Dog Management Plan/EIS\nFor Illustrative Purposes Only Map 14-A:\nSutro Heights Park\nAlternative A\nLeash Required\nParking\nArea\nParkingArea\nMerrie Way\nStairs\nPicnicTable\nPicnicTable\nFountain\nRestoration\nSite\nSutroBaths\nPoint Lobos A\nve.\nParking\nParking\nParapet\nGreat Highway\nPoint Lobos Ave.\nSutro Baths Trail\nSutroHeightsPark\nBalboa St\nLa Playa St\nMainEntrance\nOcean Beach\n48th Ave.\nFence\nFence\nSeawall\nSeawall\nParking\nParking\nNational Par k Ser vice\nU.S. Department of the Inter ior\nGolden Gate National Recreatio n Area\nN\nPlan/EIS Boundary\nParking lots, picnic areas and paved public \nroads are open to on-leash dog walking unless otherwise noted.\nTrail and /f_ire road names are current as ofJanuary 2013 but are subject to change.\nFinal Dog Management Plan/EIS \nFor Illustrative Purposes Only Map 14-B:\nSutro Heights Park\nAlternative B\nLeash Required\nParking\nArea\nParkingArea\nMerrie Way\nStairs\nPicnicTable\nPicnicTable\nFountain\nRestoration\nSite\nSutroBaths\nPoint Lobos A\nve.\nParking\nParking\nParapet\nGreat Highway\nPoint Lobos Ave.\nSutro Baths Trail\nSutroHeightsPark\nBalboa St\nLa Playa St\nMainEntrance\nOcean Beach\n48th Ave.\nFence\nFence\nSeawall\nSeawall\nParking\nParking\nNational Par k Ser vice\nU.S. Department of the Inter ior\nGolden Gate National Recreatio n Area\nN\nPlan/EIS Boundary\nParking lots, picnic areas and paved public \nroads are open to on-leash dog walking unless otherwise noted.\nTrail and /f_ire road names are current as ofJanuary 2013 but are subject to change.\nFinal Dog Management Plan/EIS \nFor Illustrative Purposes Only Map 14-C:\nSutro Heights Park\nAlternative C\nLeash Required\nParking\nArea\nParkingArea\nMerrie Way\nStairs\nPicnicTable\nPicnicTable\nFountain\nRestoration\nSite\nSutroBaths\nPoint Lobos A\nve.\nParking\nParking\nParapet\nGreat Highway\nPoint Lobos Ave.\nSutro Baths Trail\nSutroHeightsPark\nBalboa St\nLa Playa St\nMainEntrance\nOcean Beach\n48th Ave.\nFence\nFence\nSeawall\nSeawall\nParking\nParking\nNational Par k Ser vice\nU.S. Department of the Inter ior\nGolden Gate National Recreatio n Area\nN\nPlan/EIS Boundary\nParking lots, picnic areas and paved public \nroads are open to on-leash dog walking unless otherwise noted.\nTrail and /f_ire road names are current as ofJanuary 2013 but are subject to change.\nFinal Dog Management Plan/EIS \nFor Illustrative Purposes Only Map 14-D:\nSutro Heights Park\nAlternative D\nParking\nArea\nParkingArea\nMerrie Way\nStairs\nPicnicTable\nPicnicTable\nFountain\nRestoration\nSite\nSutroBaths\nPoint Lobos A\nve.\nParking\nParking\nParapet\nGreat Highway\nPoint Lobos Ave.\nSutro Baths Trail\nSutroHeightsPark\nBalboa St\nLa Playa St\nMainEntrance\nOcean Beach\n48th Ave.\nFence\nFence\nSeawall\nSeawall\nParking\nParking\nNational Par k Ser vice\nU.S. Department of the Inter ior\nGolden Gate National Recreatio n Area\nN\nPlan/EIS Boundary\nParking lots, picnic areas and paved public \nroads are open to on-leash dog walking unless otherwise noted.\nTrail and /f_ire road names are current as ofJanuary 2013 but are subject to change.\nFinal Dog Management Plan/EIS \nFor Illustrative Purposes Only Map 14-E:\nSutro Heights Park\nAlternative E\nLeash Required\nParking\nArea\nParkingArea\nMerrie Way\nStairs\nPicnicTable\nPicnicTable\nFountain\nRestoration\nSite\nSutroBaths\nPoint Lobos A\nve.\nParking\nParking\nParapet\nGreat Highway\nPoint Lobos Ave.\nSutro Baths Trail\nSutroHeightsPark\nBalboa St\nLa Playa St\nMainEntrance\nOcean Beach\n48th Ave.\nFence\nFence\nSeawall\nSeawall\nParking\nParking\nNational Par k Ser vice\nU.S. Department of the Inter ior\nGolden Gate National Recreatio n Area\nN\nPlan/EIS Boundary\nParking lots, picnic areas and paved public \nroads are open to on-leash dog walking unless otherwise noted.\nTrail and /f_ire road names are current as ofJanuary 2013 but are subject to change.\nFinal Dog Management Plan/EIS \nFor Illustrative Purposes Only Steep\nCliffCliff\nHouseLands End\nLookoutLands End Parking Lot\nSutro Heights\nParking Lot\nSutroHeightsLoopTrail\nLaPlayaTrailParapetAccess\nTrail\n48th\nAve.SutroBathsTrailCoastal Trail\nFountain\nCoastal Trail\nLa\nPlaya\nTrailSutro Heights Loop Trail\nSutroHeightsTrailSutroBathsUpperTrail\nSutro\nDunesTrailMerrie Way TrailEl Camino del Mar Trail\nLands End Staircase (North)\nPoint Lobos Ave\nMain\nEntrance\nGreat Highway\nBalboa StSutro Heights ParkMap 14F: Sutro Heights Park\nGolden Gate National Recreation Area\nDog walking allowed only in areas designated\nfor either on-leash or Voice and Sight Control.\nParking lots, sidewalks and paved public roads\nare open to on-leash dog walking unless posted.\nTrails shown are only official NPS trails and names\nare current as of 8/2015.Alternative F\nVoice and Sight Control AreaLeash Required\nPlan\\FEIS Boundary\n0 400ÁTrail - Leash RequiredNational Park Service\nU.S. Department of the Interior\nFormer trail, road and feature names are in parens.\nFeet\nFinal Dog Management Plan/EIS\nFor Illustrative Purposes Only Seasonal Leash Restriction\nStairwell\nMap 15-A: Ocean Beach\nAlternative A\nLeash Required\nVoice Control\nSnowy Plover\nProtection Area(Seasonal LeashRestriction July 1 –May 15)\nSnowy PloverProtection Area(Seasonal LeashRestriction July 1 –May 15)\nSan FranciscoZoo\nSutroHeightsPark\n Cliff House\nGolden Gate Park\nFulton St\nCabrillo St\nBalboa St\nAnza St\nGreat Highway\nTo Fort Funston(1 mile)\nSloat Blvd\nSunset Blvd.\nQuintara St.\nRivera St\nSantiago St.\nTaraval St.\nUlloa St.\nOrtega St.\nPacheco St.\nVicente St.\nWawona St.\nSloat Blvd.\nNoriega St.\nMoraga St.\nLawton St.\nKirkham St.\nJudah St.\nIrving St.\nLincoln Way\n40th Ave\n 35th Ave\n30th Ave\n45th Ave\n48th Ave\nOcean Beach Trail\nStairwell 21\nGreat Highway\nGreat Highway\n40th Ave\n35th Ave\n30th Ave\n45th Ave\n48th Ave\nJohn F. Kennedy Dr\nSpreckels Lake\nSouth Dr\nChain of Lakes Dr\nStadium\nM. L. King Dr\nMiddle DrJFK DrPresidio By-Pass\nNational Park ServiceU.S. Department of the Interior\nGolden Gate National Recreation Area\nPlan/EIS Boundary\nN Parking lots, picnic areas and paved\npublic roads are open to on-leashdog walking unless otherwise noted.\nTrail and /f_ire road names are current as ofJanuary 2013 but are subject to change.\nFinal Dog Management Plan/EIS \nFor Illustrative Purposes Only Map 15-B: Ocean Beach\nStairwellAlternative B\nLeash Required\nSnowy Plover\nProtection Area\nSan Francisco\nZoo\nSutroHeightsPark\n Cliff House\nGolden Gate Park\nFulton St\nCabrillo St\nBalboa St\nAnza St\nGreat Highway\nTo Fort Funston(1 mile)\nSloat Blvd\nSunset Blvd.\nQuintara St.\nRivera St\nSantiago St.\nTaraval St.\nUlloa St.\nOrtega St.\nPacheco St.\nVicente St.\nWawona St.\nSloat Blvd.\nNoriega St.\nMoraga St.\nLawton St.\nKirkham St.\nJudah St.\nIrving St.\nLincoln Way\n40th Ave\n 35th Ave\n30th Ave\n45th Ave\n48th Ave\nOcean Beach Trail\nStairwell 21\nGreat Highway\nGreat Highway\n40th Ave\n35th Ave\n30th Ave\n45th Ave\n48th Ave\nJohn F. Kennedy Dr\nSpreckels Lake\nSouth Dr\nChain of Lakes Dr\nStadium\nM. L. King Dr\nMiddle DrJFK DrPresidio By-Pass\nNational Park ServiceU.S. Department of the Interior\nGolden Gate National Recreation Area\nPlan/EIS Boundary\nN Parking lots, picnic areas and paved\npublic roads are open to on-leashdog walking unless otherwise noted.\nTrail and /f_ire road names are current as ofJanuary 2013 but are subject to change.\nFinal Dog Management Plan/EIS \nFor Illustrative Purposes Only StairwellAlternative C\nLeash Required\nRegulated Off-Leash \nDog Area (ROLA)\nMap 15-C: Ocean Beach\nSnowy Plover\nProtection Area\nSan Francisco\nZoo\nSutroHeightsPark\n Cliff House\nGolden Gate Park\nFulton St\nCabrillo St\nBalboa St\nAnza St\nGreat Highway\nTo Fort Funston(1 mile)\nSloat Blvd\nSunset Blvd.\nQuintara St.\nRivera St\nSantiago St.\nTaraval St.\nUlloa St.\nOrtega St.\nPacheco St.\nVicente St.\nWawona St.\nSloat Blvd.\nNoriega St.\nMoraga St.\nLawton St.\nKirkham St.\nJudah St.\nIrving St.\nLincoln Way\n40th Ave\n 35th Ave\n30th Ave\n45th Ave\n48th Ave\nOcean Beach Trail\nStairwell 21\nGreat Highway\nGreat Highway\n40th Ave\n35th Ave\n30th Ave\n45th Ave\n48th Ave\nJohn F. Kennedy Dr\nSpreckels Lake\nSouth Dr\nChain of Lakes Dr\nStadium\nM. L. King Dr\nMiddle DrJFK DrPresidio By-Pass\nNational Park ServiceU.S. Department of the Interior\nGolden Gate National Recreation Area\nPlan/EIS Boundary\nN Parking lots, picnic areas and paved\npublic roads are open to on-leashdog walking unless otherwise noted.\nTrail and /f_ire road names are current as ofJanuary 2013 but are subject to change.\nNotes: The term Regulated Off-Leash Dog Area (ROLA) that was used in the draft plan/SEIS has been changed to Voice and Sight Control Area (VSCA) for the plan/FEIS. Final Dog Management Plan/EIS \nFor Illustrative Purposes Only Map 15-D: Ocean Beach\nStairwellAlternative D\nLeash Required\nSnowy Plover\nProtection Area\nSan Francisco\nZoo\nSutroHeightsPark\n Cliff House\nGolden Gate Park\nFulton St\nCabrillo St\nBalboa St\nAnza St\nGreat Highway\nTo Fort Funston(1 mile)\nSloat Blvd\nSunset Blvd.\nQuintara St.\nRivera St\nSantiago St.\nTaraval St.\nUlloa St.\nOrtega St.\nPacheco St.\nVicente St.\nWawona St.\nSloat Blvd.\nNoriega St.\nMoraga St.\nLawton St.\nKirkham St.\nJudah St.\nIrving St.\nLincoln Way\n40th Ave\n 35th Ave\n30th Ave\n45th Ave\n48th Ave\nOcean Beach Trail\nStairwell 21\nGreat Highway\nGreat Highway\n40th Ave\n35th Ave\n30th Ave\n45th Ave\n48th Ave\nJohn F. Kennedy Dr\nSpreckels Lake\nSouth Dr\nChain of Lakes Dr\nStadium\nM. L. King Dr\nMiddle DrJFK DrPresidio By-Pass\nNational Park ServiceU.S. Department of the Interior\nGolden Gate National Recreation Area\nPlan/EIS Boundary\nN Parking lots, picnic areas and paved\npublic roads are open to on-leashdog walking unless otherwise noted.\nTrail and /f_ire road names are current as ofJanuary 2013 but are subject to change.\nFinal Dog Management Plan/EIS \nFor Illustrative Purposes Only Map 15-E: Ocean Beach\nStairwellAlternative E\nLeash Required\nRegulated Off-Leash \nDog Area (ROLA)\nSnowy Plover\nProtection Area\nSan Francisco\nZoo\nSutroHeightsPark\n Cliff House\nGolden Gate Park\nFulton St\nCabrillo St\nBalboa St\nAnza St\nGreat Highway\nTo Fort Funston(1 mile)\nSloat Blvd\nSunset Blvd.\nQuintara St.\nRivera St\nSantiago St.\nTaraval St.\nUlloa St.\nOrtega St.\nPacheco St.\nVicente St.\nWawona St.\nSloat Blvd.\nNoriega St.\nMoraga St.\nLawton St.\nKirkham St.\nJudah St.\nIrving St.\nLincoln Way\n40th Ave\n 35th Ave\n30th Ave\n45th Ave\n48th Ave\nOcean Beach Trail\nStairwell 21\nGreat Highway\nGreat Highway\n40th Ave\n35th Ave\n30th Ave\n45th Ave\n48th Ave\nJohn F. Kennedy Dr\nSpreckels Lake\nSouth Dr\nChain of Lakes Dr\nStadium\nM. L. King Dr\nMiddle DrJFK DrPresidio By-Pass\nNational Park ServiceU.S. Department of the Interior\nGolden Gate National Recreation Area\nPlan/EIS Boundary\nN Parking lots, picnic areas and paved\npublic roads are open to on-leashdog walking unless otherwise noted.\nTrail and /f_ire road names are current as ofJanuary 2013 but are subject to change.\nNotes: The term Regulated Off-Leash Dog Area (ROLA) that was used in the draft plan/SEIS has been changed to Voice and Sight Control Area (VSCA) for the plan/FEIS. Final Dog Management Plan/EIS \nFor Illustrative Purposes Only Stairwell 1\nSloat Blvd\nFuture Planned TrailCoastal Trail (Ocean Beach Trail)\nCoastal Trail from Lincoln Way to Sloat Blvd may be CCSF Juridiction (survey pending)Sutro\nHeights\nParkCliff House\nGreat Highway\nSan Francisco ZooSouth DrLincoln WayJohn F. Kennedy DrSpreckels Lake\nGolden Gate\nPark\nStadium\nMiddle DrChain of Lakes DrAnza St\nBalboa St\nCabrillo St\nFulton St\n48th Ave43rd Ave40th Ave35th Ave30th Ave\nIrving St\nJudah St\nKirkham St\nLawton St\nMoraga St\nNoriega St\nOrtego St\nPacheco St\nQuintara St\nRivera St\nSantiago St\nTaraval St\nUlloa St\nVicente St\nWawona St\n48th Ave40th Ave35th Ave30th Ave\nSunset Blvd\nSloat BlvdStairwell 21\nTo Fort Funston (1 mile)National Park Service\nU.S. Department of the Interior\nDog walking allowed only in areas designated\nfor either on-leash or Voice and Site Control.\nParking lots, sidewalks and paved public roads\nare open to on-leash dog walking unless posted.\nTrails shown are only official NPS trails and names\nare current as of 8/2015.Alternative F\nVoice and Sight Control Area\n0 2,000ÁMap 15F: Ocean Beach\nGolden Gate National Recreation Area\nLeash Required\nPlan\\FEIS BoundaryTrail - Leash RequiredLeash required on beach\naccess stairwells 1 to 21\nFormer trail, road and feature names are in parens.\nFeet\nFinal Dog Management Plan/EIS\nFor Illustrative Purposes Only Map 16-A: Fort Funston\nVoice Control\nSeasonal AdvisoryAlternative A\nSeasonal Advisory\n (April 1 – August 15) 50ft\nfrom cliff during Bank Swallow nesting season.\nBay Area Ridge Trail \nHarding Road \nStairs\nSkyline Blvd (Hwy 35)\nSkyline Blvd\nSkyline Blvd\nFunston H\norse Trail\nChip Trail\nSun\nset Trail\nJohn Muir Dr\nLake Merced\nNorth Lake\nLake Merced\nSouth Lake\nPacificOcean\nObservation DeckOutflow\nPipe\nHang- Glider\nLaunch AreaFunsto n Beach\nTrail (Nor th)\nFunsto n Beach\nTrail (Sou th)\nBeach AccessHang- Glider\nLanding Area\nOlympic ClubGolf Course\nMain Entrance\nEnvir onmen tal\nScien ce Center\nS.F.U .S.D.\nSand La dder\nSF PoliceFiring Range\nWastewaterTreatmentPlant \nPark OperationsPicnic\nAreaParking Lot\nSunset\nTrailPicnic Area\nRestroom\nParking\nHarding ParkMunicipal Golf Course\nGreat Highway\nDrinking\nFountain\nBattery Davis\nSunset TrailTrail section closed\ndue to erosion.\nHabitat Protection AreaFunston\nHorse Trail\nPlan/EIS Boundary\nNational Par k Ser vice\nU.S. Department of the Inter ior\nGolden Gate National Recreatio n Area\nNJanuary 2013 but are subject to change. \nFinal Dog Management Plan/EIS \nFor Illustrative Purposes OnlyParking lots, picnic areas and paved public \nroads are open to on-leash dog walking unless otherwise noted. Map 16-B: Fort Funston\nLeash Required \nSeasonal AdvisoryAlternative B\nSeasonal Advisory\n (April 1 – August 15) 50ft\nfrom cliff during Bank Swallow nesting season.\nBay Area Ridge Trail \nHarding Road \nStairs\nSkyline Blvd (Hwy 35)\nSkyline Blvd\nSkyline Blvd\nFunston H\norse Trail\nChip Trail\nSun\nset Trail\nJohn Muir Dr\nLake Merced\nNorth Lake\nLake Merced\nSouth Lake\nPacificOcean\nObservation DeckOutflow\nPipe\nHang- Glider\nLaunch AreaFunsto n Beach\nTrail (Nor th)\nFunsto n Beach\nTrail (Sou th)\nBeach AccessHang- Glider\nLanding Area\nOlympic ClubGolf Course\nMain Entrance\nEnvir onmen tal\nScien ce Center\nS.F.U .S.D.\nSand La dder\nSF PoliceFiring Range\nWastewaterTreatmentPlant \nPark OperationsPicnic\nAreaParking Lot\nSunset\nTrailPicnic Area\nRestroom\nParking\nHarding ParkMunicipal Golf Course\nGreat Highway\nDrinking\nFountain\nBattery Davis\nSunset TrailTrail section closed\ndue to erosion.\nHabitat Protection Area\nNo dogs in buildingsFunston\nHorse Trail\nPlan/EIS Boundary\nNational Par k Ser vice\nU.S. Department of the Inter ior\nGolden Gate National Recreatio n Area\nNJanuary 2013 but are subject to change. \nFinal Dog Management Plan/EIS \nFor Illustrative Purposes OnlyParking lots, picnic areas and paved public \nroads are open to on-leash dog walking unless otherwise noted. Map 16-C: Fort Funston\nSeasonal AdvisoryAlternative C\nLeash Required\nDog Area (ROLA)\nSeasonal Advisory\n (April 1 – August 15) 50ft\nfrom cliff during Bank Swallow nesting season.\nBay Area Ridge Trail \nHarding Road \nStairs\nSkyline Blvd (Hwy 35)\nSkyline Blvd\nSkyline Blvd\nFunston H\norse Trail\nChip Trail\nSun\nset Trail\nJohn Muir Dr\nLake Merced\nNorth Lake\nLake Merced\nSouth Lake\nPacificOcean\nObservation DeckOutflow\nPipe\nHang- Glider\nLaunch AreaFunsto n Beach\nTrail (Nor th)\nFunsto n Beach\nTrail (Sou th)\nBeach AccessHang- Glider\nLanding Area\nOlympic ClubGolf Course\nMain Entrance\nEnvir onmen tal\nScien ce Center\nS.F.U .S.D.\nSand La dder\nSF PoliceFiring Range\nWastewaterTreatmentPlant \nPark OperationsPicnic\nAreaParking Lot\nSunset\nTrailPicnic Area\nRestroom\nParking\nHarding ParkMunicipal Golf Course\nGreat Highway\nDrinking\nFountain\nBattery Davis\nSunset TrailTrail section closed\ndue to erosion.\nHabitat Protection Area\nNo dogs in buildingsFunston\nHorse Trail\nPlan/EIS Boundary\nNational Par k Ser vice\nU.S. Department of the Inter ior\nGolden Gate National Recreatio n Area\nNJanuary 2013 but are subject to change. \nFinal Dog Management Plan/EIS \nFor Illustrative Purposes OnlyParking lots, picnic areas and paved public \nroads are open to on-leash dog walking unless otherwise noted.\nNote: The term Regulated Off-Leash Dog Area (ROLA) that was used in the draft plan/SEIS has been changed to Voice and Sight Control Area (VSCA) for the plan/FEIS. Map 16-D: Fort Funston\nSeasonal AdvisoryAlternative D\nLeash Required\nDog Area (ROLA)\nSeasonal Advisory\n (April 1 – August 15) 50ft\nfrom cliff during Bank Swallow nesting season.\nBay Area Ridge Trail \nHarding Road \nStairs\nSkyline Blvd (Hwy 35)\nSkyline Blvd\nSkyline Blvd\nFunston H\norse Trail\nChip Trail\nSun\nset Trail\nJohn Muir Dr\nLake Merced\nNorth Lake\nLake Merced\nSouth Lake\nPacificOcean\nObservation DeckOutflow\nPipe\nHang- Glider\nLaunch AreaFunsto n Beach\nTrail (Nor th)\nFunsto n Beach\nTrail (Sou th)\nBeach AccessHang- Glider\nLanding Area\nOlympic ClubGolf Course\nMain Entrance\nEnvir onmen tal\nScien ce Center\nS.F.U .S.D.\nSand La dder\nSF PoliceFiring Range\nWastewaterTreatmentPlant \nPark OperationsPicnic\nAreaParking Lot\nSunset\nTrailPicnic Area\nRestroom\nParking\nHarding ParkMunicipal Golf Course\nGreat Highway\nDrinking\nFountain\nBattery Davis\nSunset TrailTrail section closed\ndue to erosion.\nHabitat Protection Area\nNo dogs in buildingsFunston\nHorse Trail\nPlan/EIS Boundary\nNational Par k Ser vice\nU.S. Department of the Inter ior\nGolden Gate National Recreatio n Area\nNJanuary 2013 but are subject to change. \nFinal Dog Management Plan/EIS \nFor Illustrative Purposes OnlyParking lots, picnic areas and paved public \nroads are open to on-leash dog walking unless otherwise noted.\nNote: The term Regulated Off-Leash Dog Area (ROLA) that was used in the draft plan/SEIS has been changed to Voice and Sight Control Area (VSCA) for the plan/FEIS. Map 16-E: Fort Funston\nSeasonal AdvisoryAlternative E\nLeash Required\nDog Area (ROLA)\nSeasonal Advisory\n (April 1 – August 15) 50ft\nfrom cliff during Bank Swallow nesting season.\nBay Area Ridge Trail \nHarding Road \nStairs\nSkyline Blvd (Hwy 35)\nSkyline Blvd\nSkyline Blvd\nFunston H\norse Trail\nChip Trail\nSun\nset Trail\nJohn Muir Dr\nLake Merced\nNorth Lake\nLake Merced\nSouth Lake\nPacificOcean\nObservation DeckOutflow\nPipe\nHang- Glider\nLaunch AreaFunsto n Beach\nTrail (Nor th)\nFunsto n Beach\nTrail (Sou th)\nBeach AccessHang- Glider\nLanding Area\nOlympic ClubGolf Course\nMain Entrance\nEnvir onmen tal\nScien ce Center\nS.F.U .S.D.\nSand La dder\nSF PoliceFiring Range\nWastewaterTreatmentPlant \nPark OperationsPicnic\nAreaParking Lot\nSunset\nTrailPicnic Area\nRestroom\nParking\nHarding ParkMunicipal Golf Course\nGreat Highway\nDrinking\nFountain\nBattery Davis\nSunset TrailTrail section closed\ndue to erosion.\nHabitat Protection Area\nNo dogs in buildingsFunston\nHorse Trail\nPlan/EIS Boundary\nNational Par k Ser vice\nU.S. Department of the Inter ior\nGolden Gate National Recreatio n Area\nNJanuary 2013 but are subject to change. \nFinal Dog Management Plan/EIS \nFor Illustrative Purposes OnlyParking lots, picnic areas and paved public \nroads are open to on-leash dog walking unless otherwise noted.\nNote: The term Regulated Off-Leash Dog Area (ROLA) that was used in the draft plan/SEIS has been changed to Voice and Sight Control Area (VSCA) for the plan/FEIS. Lake Merced\nNorth Lake\nLake Merced\nSouth LakePacific\nOceanGreat Highway\nSkyline Blvd (Hwy 35)Harding Road\nJohn Muir Dr.Closure Area\n(Habitat Protection Area)\nBeach AccessPark Operations\n(No dogs in buildings)Main\nEntrancePortable\nBathrooms\nHang-Glider\nAreaObservation Deck\nEnvironmental\nScience Center\nS.F.U.S.D.Harding Park\nMunicipal Golf\nCourse\nBattery Davis\nNurseryCoastal Trail - Sand Ladder \n(Funston Beach Trail South)John Muir GateBattery Davis Trail (east)Battery Davis Trail (west)\nDrinking\nFountainFuture Planned Trail\nCoastal Trail (Sunset)\nParking Lot(Stairs)\nFunston\nHorseTrailChip T\nrail\nAccessible TrailJohn MuirTrailFunstonBeachTrail(North)\nCoastalTrail(Sunset)\nSunsetTrailFunstonTrailNational Park Service\nU.S. Department of the InteriorMap 16F-1: Fort Funston \nGolden Gate National Recreation Area\nDog walking allowed only in areas designated\nfor either on-leash or Voice and Sight Control.\nParking lots, sidewalks and paved public roads\nare open to on-leash dog walking unless posted.\nTrails shown are only official NPS trails and names\nare current as of 8/2015.\n0 1,000ÁAlternative F\nVoice and Sight Control AreaLeash Required\nPlan\\FEIS BoundaryTrail - Leash Required\nFormer trail, road and feature names are in parens.\nFeet\nFinal Dog Management Plan/EIS\nFor Illustrative Purposes Only Lake Merced\nNorth Lake\nLake Merced\nSouth LakePacific\nOceanGreat Highway\nSkyline Blvd (Hwy 35)Harding Road\nJohn Muir Dr.Closure Area\n(Habitat Protection Area)\nBeach AccessPark Operations\n(No dogs in buildings)Main\nEntrancePortable\nBathrooms\nHang-Glider\nAreaObservation Deck\nEnvironmental\nScience Center\nS.F.U.S.D.Harding Park\nMunicipal Golf\nCourse\nBattery Davis\nNurseryCoastal Trail - Sand Ladder \n(Funston Beach Trail South)John Muir GateBattery Davis Trail (east)Battery Davis Trail (west)\nDrinking\nFountainFuture Planned Trail\nCoastal Trail (Sunset)\nParking Lot(Stairs)\nFunston\nHorseTrailChip T\nrail\nAccessible TrailJohn MuirTrailFunstonBeachTrail(North)\nCoastalTrail(Sunset)\nSunsetTrailFunstonTrailNational Park Service\nU.S. Department of the InteriorMap 16F-2: Fort Funston\nWalking 4-6 Dogs Allowed with NPS Permit \nGolden Gate National Recreation Area\nDog walking allowed only in areas designated\nfor either on-leash or Voice and Sight Control.\nParking lots, sidewalks and paved public roads\nare open to on-leash dog walking unless posted.\nTrails shown are only official NPS trails and names\nare current as of 8/2015.\n0 1,000ÁAlternative F\nVoice and Sight Control AreaLeash Required\nPlan\\FEIS BoundaryTrail - Leash Required\nFormer trail, road and feature names are in parens.\nFeet\nFinal Dog Management Plan/EIS\nFor Illustrative Purposes Only Map 17-A: Mori Point\nAlternative A\nLeash Required\nTrail alignments \nto be designated in the future.Sharp Park Beach\nBootleggers Steps\nMori Point\nPromenade\nWastewaterTreatment PlantPonds/\nProtectedHabitat\nSharp Park Golf Course\nOld Mori Trail\nCity of Pacifica\nCity of\nPacifica\nHighway 1PollywogTrail\nLishumsha Trail\nUpper Mori Trail\nTimigtac TrailCoastal Trail\nCoastal TrailMori BluffTrailM\nori Peak TrailCoastal TrailCoastal TrailMori Headlands Trail\nTimigtacTrail\nNational Park ServiceU.S. Department of the Interior\nGolden Gate National Recreation Area\nPlan/EIS Boundary\nNParking lots, picnic areas and paved public \nroads are open to on-leash dog walking unless otherwise noted.\nTrail and /f_ire road names are current as ofJanuary 2013 but are subject to change.\nFinal Dog Management Plan/EIS \nFor Illustrative Purposes Only Map 17-B: Mori Point\nTrail alignment\nto be designatedin the future.Alternative B\nLeash Required Sharp Park Beach\nBootleggers Steps\nMori Point\nPromenade\nWastewater\nTreatment PlantPonds/\nProtectedHabitat\nSharp Park Golf Course\nOld Mori Trail\nCity of Pacifica\nCity of\nPacifica\nHighway 1PollywogTrail\nLishumsha Trail\nUpper Mori Trail\nTimigtac TrailCoastal Trail\nCoastal TrailMori BluffTrailM\nori Peak TrailCoastal TrailCoastal TrailMori Headlands Trail\nTimigtacTrail\nNational Park ServiceU.S. Department of the Interior\nGolden Gate National Recreation Area\nPlan/EIS Boundary\nNParking lots, picnic areas and paved public \nroads are open to on-leash dog walking unless otherwise noted.\nTrail and /f_ire road names are current as ofJanuary 2013 but are subject to change.\nFinal Dog Management Plan/EIS \nFor Illustrative Purposes Only Map 17-C: Mori Point\nTrail alignment\nto be designatedin the future.Alternative C\nLeash Required Sharp Park Beach\nBootleggers Steps\nMori Point\nPromenade\nWastewater\nTreatment PlantPonds/\nProtectedHabitat\nSharp Park Golf Course\nOld Mori Trail\nCity of Pacifica\nCity of\nPacifica\nHighway 1PollywogTrail\nLishumsha Trail\nUpper Mori Trail\nTimigtac TrailCoastal Trail\nCoastal TrailMori BluffTrailM\nori Peak TrailCoastal TrailCoastal TrailMori Headlands Trail\nTimigtacTrail\nNational Park ServiceU.S. Department of the Interior\nGolden Gate National Recreation Area\nPlan/EIS Boundary\nNParking lots, picnic areas and paved public \nroads are open to on-leash dog walking unless otherwise noted.\nTrail and /f_ire road names are current as ofJanuary 2013 but are subject to change.\nFinal Dog Management Plan/EIS \nFor Illustrative Purposes Only Map 17-D: Mori Point\nAlternative D\nTrail alignment\nto be designatedin the future.Sharp Park Beach\nBootleggers Steps\nMori Point\nPromenade\nWastewater\nTreatment PlantPonds/\nProtectedHabitat\nSharp Park Golf Course\nOld Mori Trail\nCity of Pacifica\nCity of\nPacifica\nHighway 1PollywogTrail\nLishumsha Trail\nUpper Mori Trail\nTimigtac TrailCoastal Trail\nCoastal TrailMori BluffTrailM\nori Peak TrailCoastal TrailCoastal TrailMori Headlands Trail\nTimigtacTrail\nNational Park ServiceU.S. Department of the Interior\nGolden Gate National Recreation Area\nPlan/EIS Boundary\nNParking lots, picnic areas and paved public \nroads are open to on-leash dog walking unless otherwise noted.\nTrail and /f_ire road names are current as ofJanuary 2013 but are subject to change.\nFinal Dog Management Plan/EIS \nFor Illustrative Purposes Only Alternative E\nDogs Prohibited\nLeash Required\nMap 17-E: Mori Point\nAlternative E\nLeash Required\nTrail alignment\nto be designatedin the future.\nSharp Park Beach\nBootleggers Steps\nMori Point\nPromenade\nWastewater\nTreatment PlantPonds/\nProtectedHabitat\nSharp Park Golf Course\nOld Mori Trail\nCity of Pacifica\nCity of\nPacifica\nHighway 1PollywogTrail\nLishumsha Trail\nUpper Mori Trail\nTimigtac TrailCoastal Trail\nCoastal TrailMori BluffTrailM\nori Peak TrailCoastal TrailCoastal TrailMori Headlands Trail\nTimigtacTrail\nNational Park ServiceU.S. Department of the Interior\nGolden Gate National Recreation Area\nPlan/EIS Boundary\nNParking lots, picnic areas and paved public \nroads are open to on-leash dog walking unless otherwise noted.\nTrail and /f_ire road names are current as ofJanuary 2013 but are subject to change.\nFinal Dog Management Plan/EIS \nFor Illustrative Purposes Only Timigtac Trail - UnmaintainedMo\nriHeadlandsTrail Old Mori TrailCoastalTrailCoastalTrail\nM\nor\niBluf\nfTrail- U\nnm\naint\naine\ndOld Mori Trail\nCoastalTrailUpperMoriTrail\nM\noriPeak\nTrailPolywogTrail\nLishumshaTrailBootlegger'sSteps\nWastewater Treatment PlantSharp Park Golf Course\nFairway Park\nHighway 1Sharp\nPark Beach\nPonds/\nProtected\nHabitatMap 17F: Mori Point\nGolden Gate National Recreation AreaNational Park Service\nU.S. Department of the Interior\nDog walking allowed only in areas designated\nfor on-leash.\nParking lots, sidewalks and paved public roads\nare open to on-leash dog walking unless posted.\nTrails shown are only official NPS trails and names\nare current as of 8/2015.\n0 600ÁAlternative F\nLeash Required\nPlan\\FEIS BoundaryTrail - Leash Required\nFormer trail, road and feature names are in parens.\nFeet\nFinal Dog Management Plan/EIS\nFor Illustrative Purposes Only National Park Service\nU.S. Department of the Interior\nGolden Gate National Recreation AreaMap 18-A: Milagra Ridge\nAlternative A\nLeash Required\nBunker\nFire Rd\nPlan/EIS BoundaryNOverlookMilagra Battery Trail (to be built)\nMilagra Ridge\nSpur (North)\nMilagra Ridge Rd\nParking lots, picnic areas and paved public \nroads are open to on-leash dog walking unless otherwise noted.\nTrail and /f_ire road names are current as ofJanuary 2013 but are subject to change.\nNote: NPS does not have jurisdiction over the land or trails in the North Coast County Water District. Through an agreement renewed annually, NPS helps to maintain trails in the district, and \nthe North Coast County Water District allows through access with on-leash dogs. Final Dog Management Plan/EIS \nFor Illustrative Purposes Only National Park Service\nU.S. Department of the Interior\nGolden Gate National Recreation AreaMap 18-B: Milagra Ridge\nAlternative B\nLeash Required\nBunker\nFire Rd\nPlan/EIS BoundaryNOverlookMilagra Battery Trail (to be built)\nMilagra Ridge\nSpur (North)\nMilagra Ridge Rd\nParking lots, picnic areas and paved public \nroads are open to on-leash dog walking unless otherwise noted.\nTrail and /f_ire road names are current as ofJanuary 2013 but are subject to change.\nNote: NPS does not have jurisdiction over the land or trails in the North Coast County Water District. Through an agreement renewed annually, NPS helps to maintain trails in the district, and \nthe North Coast County Water District allows through access with on-leash dogs. Final Dog Management Plan/EIS \nFor Illustrative Purposes Only National Park Service\nU.S. Department of the Interior\nGolden Gate National Recreation AreaMap 18-C: Milagra Ridge\nAlternative C\nLeash Required\nBunker\nFire Rd\nPlan/EIS BoundaryNOverlookMilagra Battery Trail (to be built)\nMilagra Ridge\nSpur (North)\nMilagra Ridge Rd\nParking lots, picnic areas and paved public \nroads are open to on-leash dog walking unless otherwise noted.\nTrail and /f_ire road names are current as ofJanuary 2013 but are subject to change.\nNote: NPS does not have jurisdiction over the land or trails in the North Coast County Water District. Through an agreement renewed annually, NPS helps to maintain trails in the district, \nand the North Coast County Water District allows through access with on-leash dogs. Final Dog Management Plan/EIS \nFor Illustrative Purposes Only National Park Service\nU.S. Department of the Interior\nGolden Gate National Recreation AreaMap 18-D: Milagra Ridge\nAlternative DBunker\nFire Rd\nPlan/EIS BoundaryNOverlookMilagra Battery Trail (to be built)\nMilagra Ridge\nSpur (North)\nMilagra Ridge Rd\nParking lots, picnic areas and paved public \nroads are open to on-leash dog walking unless otherwise noted.\nTrail and /f_ire road names are current as ofJanuary 2013 but are subject to change.\nNote: NPS does not have jurisdiction over the land or trails in the North Coast County Water District. Through an agreement renewed annually, NPS helps to maintain trails in the district, and \nthe North Coast County Water District allows through access with on-leash dogs. Final Dog Management Plan/EIS \nFor Illustrative Purposes Only National Park Service\nU.S. Department of the Interior\nGolden Gate National Recreation AreaMap 18-E: Milagra Ridge\nAlternative E\nLeash Required\nBunker\nFire Rd\nPlan/EIS BoundaryNOverlookMilagra Battery Trail (to be built)\nMilagra Ridge\nSpur (North)\nMilagra Ridge Rd\nParking lots, picnic areas and paved public \nroads are open to on-leash dog walking unless otherwise noted.\nTrail and /f_ire road names are current as ofJanuary 2013 but are subject to change.\nNote: NPS does not have jurisdiction over the land or trails in the North Coast County Water District. Through an agreement renewed annually, NPS helps to maintain trails in the district, and \nthe North Coast County Water District allows through access with on-leash dogs. Final Dog Management Plan/EIS \nFor Illustrative Purposes Only SharpParkRoadEntranceParking Lot\nBattery #244\n(Bunker)Connemara\nNorth Coast\nCounty Water\nDistrict\nGate(Through access\nPermitted)MilagraRi\ndgeRoad\n(Fire\nRoad)MilagraBatteryTrail\nMilagraRidgeTrailMilagra Ridge\nSpur (North)Milagra Creek\nOverlook TrailMilagra\nSummit Trail\nMilagra Ridge Spur\n(South)Milagra\nRidge RoadMilagra\nBattery Trail\nMilagra RidgeTrail\n(Milagra Ridge Road)Map 18F: Milagra Ridge\nGolden Gate National Recreation AreaNational Park Service\nU.S. Department of the Interior\nDog walking allowed only in areas designated\nfor on-leash.\nParking lots, sidewalks and paved public roads are\nopen to on-leash dog walking unless posted.\nTrails shown are only official NPS trails and names\nare current as of 8/2015.\n0 1,000ÁAlternative F\nLeash Required\nPlan\\FEIS Boundary\nFormer trail, road and feature names are in parens.\nFeet\nFinal Dog Management Plan/EIS\nFor Illustrative Purposes Only Map 19-A:\nCattle Hill / Sweeney Ridge\nAlternative A\nLeash Required\nCattle Hill\nSweeney RidgeShelldance Nursery\nPortola Discovery SiteNike Missile Site\nBaquiano Trail\nSweeney Ridge TrailNotch Trail\nSw\neeney Ridge TrailFarallon View\nTrailSneath LaneMori Ridge Trail\nSweeney\nHorse Trail\nSweeneyMeadowTrail\nBaquianoTrail\nNational Par k Ser vice\nU.S. Department of the Inter ior\nGolden Gate National Recreatio n Area\nPlan/EIS BoundaryN\nJanuary 2013 but are subject to change. \nFinal Dog Management Plan/EIS\nFor Illustrative Purposes OnlyParking lots, picnic areas and paved public \nroads are open to on-leash dog walking unless otherwise noted. Map 19-B:\nCattle Hill / Sweeney Ridge\nAlternative B\nCattle Hill\nSweeney RidgeShelldance Nursery\nPortola Discovery SiteNike Missile Site\nBaquiano Trail\nSweeney Ridge TrailNotch Trail\nSw\neeney Ridge TrailFarallon View\nTrailSneath Lane Ridge Trail\nSweeney\nHorse Trail\nSweeneyMeadowTrail\nBaquianoTrail\nNational Par k Ser vice\nU.S. Department of the Inter ior\nGolden Gate National Recreatio n Area\nPlan/EIS BoundaryN\nJanuary 2013 but are subject to change. \nFinal Dog Management Plan/EIS\nFor Illustrative Purposes OnlyParking lots, picnic areas and paved public \nroads are open to on-leash dog walking unless otherwise noted.Mori Map 19-C:\nCattle Hill / Sweeney Ridge\nAlternative C\nLeash Required\nCattle Hill\nSweeney RidgeShelldance Nursery\nPortola Discovery SiteNike Missile Site\nBaquiano Trail\nSweeney Ridge TrailNotch Trail\nSw\neeney Ridge TrailFarallon View\nTrailSneath Lane Ridge Trail\nSweeney\nHorse Trail\nSweeneyMeadowTrail\nBaquianoTrail\nNational Par k Ser vice\nU.S. Department of the Inter ior\nGolden Gate National Recreatio n Area\nPlan/EIS BoundaryN\nJanuary 2013 but are subject to change. \nFinal Dog Management Plan/EIS\nFor Illustrative Purposes OnlyParking lots, picnic areas and paved public \nroads are open to on-leash dog walking unless otherwise noted.Mori Map 19-D:\nCattle Hill / Sweeney Ridge\nAlternative D\nCattle Hill\nSweeney RidgeShelldance Nursery\nPortola Discovery SiteNike Missile Site\nBaquiano Trail\nSweeney Ridge TrailNotch Trail\nSw\neeney Ridge TrailFarallon View\nTrailSneath Lane Ridge Trail\nSweeney\nHorse Trail\nSweeneyMeadowTrail\nBaquianoTrail\nNational Par k Ser vice\nU.S. Department of the Inter ior\nGolden Gate National Recreatio n Area\nPlan/EIS BoundaryN\nJanuary 2013 but are subject to change. \nFinal Dog Management Plan/EIS\nFor Illustrative Purposes OnlyParking lots, picnic areas and paved public \nroads are open to on-leash dog walking unless otherwise noted.Mori Map 19-E:\nCattle Hill / Sweeney Ridge\nAlternative E\nLeash Required\nCattle Hill\nSweeney RidgeShelldance Nursery\nPortola Discovery SiteNike Missile Site\nBaquiano Trail\nSweeney Ridge TrailNotch Trail\nSw\neeney Ridge TrailFarallon View\nTrailSneath Lane Ridge Trail\nSweeney\nHorse Trail\nSweeneyMeadowTrail\nBaquianoTrail\nNational Par k Ser vice\nU.S. Department of the Inter ior\nGolden Gate National Recreatio n Area\nPlan/EIS BoundaryN\nJanuary 2013 but are subject to change. \nFinal Dog Management Plan/EIS\nFor Illustrative Purposes OnlyParking lots, picnic areas and paved public \nroads are open to on-leash dog walking unless otherwise noted.Mori Sweeney Ridge\nCattle Hill\n!Portola\nDiscovery SiteSneath Lane\nParking Lot\nNIKE Site\nBaquianoTrail\nFassler Ave. GateShelldance\nNursery\nCattle\nHillTrailSw\neeneyRidgeTrail\nBaquianoTrailSneathLaneMoriRidgeTrail(SweeneyRidge)NotchTrail\nSweeneyRidgeTrail(FarallonViewTrail)\nSweeney\nHorse TrailMilagra Ridge Spur Trail (South)\nSkyline\nCollege Trail\nSweeney\nMeadow TrailNational Park Service\nU.S. Department of the Interior\nDog walking allowed only in areas designated\nfor on-leash.\nParking lots, sidewalks and paved public roads\nare open to on-leash dog walking unless posted.\nTrails shown are only official NPS trails and names\nare current as of 8/2015.Alternative F\nNon-NPS land under consideration\nfor transfer to GGNRA.\n0 4,000ÁMap 19F: Cattle Hill/Sweeney Ridge \nGolden Gate National Recreation Area\nPlan/FEIS BoundaryTrail - Leash Required\nFormer trail, road and feature names are in parens.\nFeet\nFinal Dog Management Plan/EIS\nFor Illustrative Purposes Only Map 20-A: \nRancho Corral De Tierra\nAlternative A\nLeash Required\n N\nFor Illustrative Purposes OnlyPlan/EIS Boundary \nParking lots, picnic areas and paved public \nroads are open to on-leash dog walking unless otherwise noted.Spine Trail\nDenniston Loop TrailVicente Ridge TrailNorth Peak Access Rd\nAlta Vista Trail\nMontara\nState Beach\nFarallone\nView School \nMontara\nEl GranadaMoss BeachOld San Pedro \nMountain Road\nLeConte AveTamarind St\nFinal Dog Management Plan/EISTrail and /f_ire road names are current as of\nJanuary 2013 but are subject to change.NOTE: Trail information shown is from\npreliminary trail planning working drafts.\nDennistonRidgeTrail\nMemorial\nLoopAlta Vista Trail\nFarallonCutoff\nNational Park ServiceU.S. Department of the Interior\nGolden Gate National Recreation Area Map 20-B: \nRancho Corral De Tierra\nAlternative B\nLeash Required\n N\nFor Illustrative Purposes OnlyPlan/EIS Boundary \nParking lots, picnic areas and paved public \nroads are open to on-leash dog walking unless otherwise noted.Spine Trail\nDenniston Loop TrailVicente Ridge TrailNorth Peak Access Rd\nAlta Vista Trail\nMontara\nState Beach\nFarallone\nView School \nMontara\nEl GranadaMoss BeachOld San Pedro \nMountain Road\nLeConte AveTamarind St\nFinal Dog Management Plan/EISTrail and /f_ire road names are current as of\nJanuary 2013 but are subject to change.NOTE: Trail information shown is from\npreliminary trail planning working drafts.\nDennistonRidgeTrail\nMemorial\nLoopAlta Vista Trail\nFarallonCutoff\nNational Park ServiceU.S. Department of the Interior\nGolden Gate National Recreation Area Map 20-C: \nRancho Corral De Tierra\nAlternative C\nLeash Required\nRegulated Off-Leash \nDog Area (ROLA\nN\nFor Illustrative Purposes OnlyPlan/EIS Boundary \nParking lots, picnic areas and paved public \nroads are open to on-leash dog walking unless otherwise noted.Spine Trail\nDenniston Loop TrailVicente Ridge TrailNorth Peak Access Rd\nAlta Vista Trail\nMontara\nState Beach\nFarallone\nView School \nMontara\nEl GranadaMoss BeachOld San Pedro \nMountain Road\nLeConte AveTamarind St\nFinal Dog Management Plan/EISTrail and /f_ire road names are current as of\nJanuary 2013 but are subject to change.NOTE: Trail information shown is from\npreliminary trail planning working drafts.\nDennistonRidgeTrail\nMemorial\nLoopAlta Vista Trail\nFarallonCutoff\nNational Park ServiceU.S. Department of the Interior\nGolden Gate National Recreation Area\nNote: The term Regulated Off-Leash Dog Area (ROLA) that was used in the draft plan/SEIS has been changed to Voice and Sight Control \nArea (VSCA) for the plan/FEIS. Map 20-D: \nRancho Corral De Tierra\nAlternative D\nLeash Required\n N\nFor Illustrative Purposes OnlyPlan/EIS Boundary \nParking lots, picnic areas and paved public \nroads are open to on-leash dog walking unless otherwise noted.Spine Trail\nDenniston Loop TrailVicente Ridge TrailNorth Peak Access Rd\nAlta Vista Trail\nMontara\nState Beach\nFarallone\nView School \nMontara\nEl GranadaMoss BeachOld San Pedro \nMountain Road\nLeConte AveTamarind St\nFinal Dog Management Plan/EISTrail and /f_ire road names are current as of\nJanuary 2013 but are subject to change.NOTE: Trail information shown is from\npreliminary trail planning working drafts.\nDennistonRidgeTrail\nMemorial\nLoopAlta Vista Trail\nFarallonCutoff\nNational Park ServiceU.S. Department of the Interior\nGolden Gate National Recreation Area Map 20-E: \nRancho Corral De Tierra\nAlternative E\nLeash Required\nRegulated Off-Leash \nDog Area (ROLA\nN\nFor Illustrative Purposes OnlyPlan/EIS Boundary \nParking lots, picnic areas and paved public \nroads are open to on-leash dog walking unless otherwise noted.Spine Trail\nDenniston Loop TrailVicente Ridge TrailNorth Peak Access Rd\nAlta Vista Trail\nMontara\nState Beach\nFarallone\nView School \nMontara\nEl GranadaMoss BeachOld San Pedro \nMountain Road\nLeConte AveTamarind St\nFinal Dog Management Plan/EISTrail and /f_ire road names are current as of\nJanuary 2013 but are subject to change.NOTE: Trail information shown is from\npreliminary trail planning working drafts.\nDennistonRidgeTrail\nMemorial\nLoopAlta Vista Trail\nFarallonCutoff\nNational Park ServiceU.S. Department of the Interior\nGolden Gate National Recreation Area\nNote: The term Regulated Off-Leash Dog Area (ROLA) that was used in the draft plan/SEIS has been changed to Voice and Sight Control \nArea (VSCA) for the plan/FEIS. San Vicente Trail\n(Vicente Ridge Trail)\nRanchette\nTrail\nSan Carlos\nTrailSee detail map\nFlat Top\n(3 acres)\nFlat Top Trail(Memorial Loop)Farallone \nView School\nSpineTrail\nFrenchTrail(DennistonRidgeTrail)\nClipperRidgeTrailAltaVistaTrailNorthPeakAccessRoad\nRanchRoad\nDeerCreekTrail\nFlatTopTrailBrooksCreekTrail\nFarmer's Daughter Trail\n(Denniston Loop Trail)\nClipper\nRidge TrailAlmeria TrailEmber\nRidge Trail\nEl GranadaMoss BeachMontaraMontara\nState BeachMap 20F: Rancho Corral De TierraNational Park Service\nU.S. Department of the InteriorGolden Gate National Recreation Area\nDog walking allowed only in areas designated\nfor on-leash.\nParking lots, sidewalks and paved public roads\nare open to on-leash dog walking unless posted.\nTrails shown are only official NPS trails and names\nare current as of 8/2015.\n0 4,000Á\nCoronaPedroTrailCoronaPedroTrail\nLeConteAve\nTamarindStFarallone\nView\nSchoolLe\nConte\nTrail\nFaralloneTrail(FarallonCutoff)\nOldSanPedroMountainRoadFaralloneTrailDetail Map\nPlan\\FEIS BoundaryTrail - Leash Required\nAlternative F\nFormer trail, road and feature names are in parens.Voice and Sight Control Area\nFeet\nFinal Dog Management Plan/EIS\nFor Illustrative Purposes Only Legend\nGolden Gate National Recreation Area\nVegetation Communities\nBuilt-up Disturbed\nCoastal Dunes\nCoastal Scrub/Chapparal\nDouglas-fir/Coast Redwood\nGrassland\nHerbaceous Wetlands\nNative Hardwood Forest\nNon-native Evergreen Forest\nRiparian Forest/Shrubland\nUnvegetated Shoreline/Outcrop\nMarin County\nSan Francisco \nCounty\nSan Mateo\n County\n0 1 MilesMap 22. Vegetation Communities in Marin County within\nGolden Gate National Recreation Area\nPacific OceanRichardson BayBolinas Lagoon\nStinson Beach\nHomestead Valley\nAlta/Orchard/Pacheco\nOakwood Valley\nMuir Beach\nMarin HeadlandsTennessee Valley\nFort Baker\nRodeo BeachNational Park Service\nU.S. Department of the Interior\nGolden Gate National Recreation Area\nN\n Legend\nGolden Gate National Recreation Area\nVegetation Communities\nBuilt-up Disturbed\nCoastal Dunes\nCoastal Scrub/Chapparal\nDouglas-fir/Coast Redwood\nGrassland\nHerbaceous Wetlands\nNative Hardwood Forest\nNon-native Evergreen Forest\nRiparian Forest/Shrubland\nUnvegetated Shoreline/Outcrop\nMarin County\nSan Francisco \nCounty\nSan Mateo\n County\n0 1 MilesMap 23. Vegetation Communities in San Francisco County within\n Golden Gate National Recreation Area\nPacific Ocean\nFort FunstonSutro Heights ParkFort Point\nOcean BeachBaker Beach\nLands EndCrissy FieldUpper and Lower Fort Mason\nFort MileyNational Park Service\nU.S. Department of the Interior\nGolden Gate National Recreation Area\nN Legend\nGolden Gate National Recreation Area\nVegetation Communities\nBuilt-up Disturbed\nCoastal Dunes\nCoastal Scrub/Chapparal\nDouglas-fir/Coast Redwood\nGrassland\nHerbaceous Wetlands\nNative Hardwood Forest\nNon-native Evergreen Forest\nRiparian Forest/Shrubland\nUnvegetated Shoreline/Outcrop\nMarin County\nSan Francisco \nCounty\n0 1Map 24. Vegetation Communities in San Mateo County within \nGolden Gate National Recreation Area\nSan Mateo\nCountyNational Park Service\nU.S. Department of the Interior\nGolden Gate National Recreation Area\nN \nMori PointMori PointMilagra RidgeMilagra Ridge\nRancho\nCorral de TierraRancho\nCorral de TierraPedro Point\nHeadlandsPedro Point\nHeadlandsSweeny Ridge/Cattle HillSweeny Ridge/Cattle Hill\nPacific Ocean CALIFORNIA\n1\nCALIFORNIA\n1\nCALIFORNIA\n1CALIFORNIA\n1CALIFORNIA\n1\nU.S.\n101\nU.S.\n101U.S.\n101\nCultural Resources Analyzed in\nVarious APE Locations, Marin County\n#1 Muir Beach archeological site (CA-MRN-333)#2 Forts Baker, Barry, Cronkhite Historic District\nBatteries Duncan, C avallo, Yates (Fort Baker); \nfield fortifications (foxholes, etc.) northwestof Fort Cronkhite (Wolf Ridge), west to the coastline.\nAPE (Area of Potential Effects)\nPacific Ocean\nTo San FranciscoMuir Woods\n#1 Muir Beach Archeological Site\n(Site No. CA-MRN-333)\n#2 Forts Baker, Barry, Cronkhite Historic DistrictOakwood Valley / Alta Avenue\nFort Baker\nFort CronkhiteWolf Ridge\nFort BarryHomestead V alley\nRodeo BeachStinson Beach\nMap 25: Marin C ounty S ites\nGolden Gate National Recreation AreaNational Park Service\nU.S. Department of the Interior City and County of San FranciscoMarin County\nSan Franci sco County\nSan Mateo County\nPacific Ocean\nSan Francisco\n19th\n AveMarket St\nSloat BlvdU.S.\n35U.S.\n35U.S.\n101\nU.S.\n101\nU.S.\n35U.S.\n101\nCentral Skwy\nJames\n Lick FwyJohn Daly BlvdINTERSTATE\n80\nINTERSTATE\n280\nINTER STATE\n280Great \nHwyCALIFORNIA\n1\nCALIFORNIA\n1\nCALIFORNIA\n1Cultural Resources Analyzed in Various \nAPE Locations, San Francisco County\n#3 Presidio NHL\nCrissy Airfield/building 946 (signal cable hut); Batteries East, Chamberlin, Boutelle, Cranston,Marcus-Miller, Godfrey, Crosby (Fort Scott); field fortifications (foxholes, etc.) along Baker Beach (Fort Scott); U.S. Coast Guard Station\n#4 Fort Miley Military Reservation\nBatteries Chester, Livingston-Springer, Battery\n Construction #243#5 Fort Mason Historic District\nBatteries Black Point and Burnham\n#6 Point Lobos archeological sites (CA-SFR-5; CA-SFR-21)#7 Battery Davis (Fort Funston)\nAPE (Area of Potential Effects)\n#3 Presidio NHL\nCrissy Field\nUSCGS\nFort Point\nFort Winfield Scott\n#4 Fort Miley Military Reservation\n#6 Point Lobos archeological sites (Site Nos. CA-SFR-5, CA-SFR-21)\n#7 Battery Davis\n#5 Fort Mason Historic District\nMap 26 : San Fra ncisco Coun ty Sites\nGolden Gate National Recreation AreaNational Park Service\nU.S. Department of the Interior" }

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{ "pdf_file": "OZLL6FV4YWFVZBLEIGEFCANTYYKW7U57.pdf", "text": "State of New Hampshire \nPUBLIC EMPLOYEE LABOR RELATIONS BOARD \nHAVERHILL COOPERATIVE EDUCATION * \nASSOCIATION, NEA-N.H. \nComplainant \nV. \nNORMAN MULLEN, SUPERINTENDENT, \nSAU 823 \nRespondent CASE NO. T-0232:14 \nDECISION NO. 85-87 \nORDER DISMISSING COMPLAINT \nPursuant to written notification from the representative for \nthe complainant stating the complainant wishes to withdraw the unfair \nlabor practice charge filed against Norman Mullen, Superintendent, SAU #23 \nrelative to his refusal to abide by orders respecting back pay due and \nowing Barry LeBarron and Irving Fountain, it is \nORDERED that this complaint be and the same hereby is, dismissed \nwithout prejudice. \nDated this 1st day of November, 1985. \nRobert E. CRAIG, Chairman " }

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{ "pdf_file": "PM77VVIRKCVEFG6KFQWCC5LHTB5BY5FD.pdf", "text": "OAK STREET SCHOOL 03/06/05 091200010004 The University of the State of New York \nThe State Education Department \n \nACCOUNTABILITY STATUS REPORT: \nENGLISH LANGUAGE ARTS, MA THEMATICS, SCIENCE, \nAND GRADUATION RATE \nfor \nOAK STREET SCHOOL \nin \nPLATTSBURGH CITY SD \n \n2004–05 Accountability Status: \nSchool In Good Standing \nTitle I Funding \nThis school received Title I funding in: \n2002–03: Yes 2003–04: Yes \n2004–05: Yes OAK STREET SCHOOL 03/06/05 091200010004 School Accountability Status Categories \n \nThe list below defines the school status categories under New York State’s school accountability system, which is divided into \na Federal Title I component and a State component. A school that does not receive Title I funding in a school year does not hav e a \nfederal status in that year. Schools receiving Title I funds that are not in good standing must provide school choice for their students; \nthose in need of improvement year 2 and beyond must also provi de Supplemental Education Services to eligible students. Other \nconsequences for schools not in good standing can be found at: www.emsc.nysed.gov/deputy/nclb/accountability/siinfo.htm . To \nbe removed from any improvement status, a school must make Adequate Yearly Progress (AYP) in the grade and subject for which it \nwas identified for two consecutive years, or in the case of a School Under Registration Review, achieve the performance targets \nestablished for the school by the Commissioner. \nSchool in Good Standing: A school is considered to be in \ngood standing if it has not been identified as a School in Need of Improvement, Requiring Corrective Action, Planning for \nRestructuring, or Requiring Academic Progress, or as a \nSchool Under Registration Review. \nSchool Requiring Academic Progress: Under the State \ncomponent of New York’s accountability system, a school that does not make AYP in the same grade and subject for two \nconsecutive years is considered a School Requiring Academic \nProgress (Year 1) for the following year. In each succeeding year that the school fails to make AYP, the year designation is incremented by one. \nSchool in Need of Improvement (Year 1): A school that has \nnot made AYP for two consecutive years in the same grade \nand subject while receiving Title I funds is considered a School \nin Need of Improvement (Year 1) for the following year. \nSchool in Need of Improvement (Year 2): A School in Need \nof Improvement (Year 1) that does not make AYP in the grade and subject for which it was identified while receiving Title I \nfunds is considered a School in Need of Improvement (Year 2) \nfor the following year. \nSchool Requiring Corrective Action: A School in Need of \nImprovement (Year 2) that does not make AYP in the grade and subject for which it was identified while receiving Title I \nfunds is considered a School Requiring Corrective Action for the following year. \nSchool Planning for Restructuring: A School Requiring \nCorrective Action that does not make AYP in the grade and subject for which it was identified while receiving Title I funds is considered a School Planning for Restructuring for the following year. \nSchool Restructuring: A School Planning for Restructuring \nthat does not make AYP in the grade and subject for which it was identified while receiving Title I funds is considered a School Restructuring for the following year. \nSchool Under Registration Review (SURR): Schools that \nare farthest from the State standard and that have been \ndetermined by the Commissioner to be most in need of \nimprovement are Schools Under Registration Review. These schools must achieve performance targets specified by the Commissioner of Education in their area(s) of identification within a prescribed timeframe or risk having their registration \nrevoked by the Board of Regents. OAK STREET SCHOOL 03/06/05 091200010004 \nElementary-Level English Language Arts \nDefinitions of terms, such as Pe rformance Index and Effective Annual \nMeasurable Objective (AMO), are in the glossary, which is the last page \nof this report. \nFor a school or a district to make Adequate Yearly Progress (AYP) \nin 2003–04, every accountability group must make. \nFor an accountability group to make AYP in 2003–04, it must 1. meet the 95 percent pa rticipation requirement ( 2003–04 \nParticipation ), and \n2. either meet its Effective AMO or make safe harbor ( 2003–04 \nPerformance and Standards ). \nTo meet the participation require ment, 95 percent of the grade 4 \nenrollment in each accountability group with 40 or more students must be tested. To meet the Effective AM O, the Performance Index for each \ngroup with 30 or more continuously enrolled students must equal or \nexceed the Effective AMO. To make safe harbor, the Performance Index \nof each of these groups must equal or exceed its ELA safe harbor target and the group must meet the elementa ry-level science qualification for \nsafe harbor. (See the elementary-level science page of this report for \nfurther information on meeting the science qualification for safe harbor.) \nELA Safe Harbor Targets: The elementary-level 2003–04 ELA Safe \nHarbor Target is calculated by using the following equation: 2002–03 PI \n+ (200 – the 2002–03 PI) × 0.10. The 2004–05 ELA Safe Harbor Target \nis calculated by using the following equation: 2003–04 PI + (200 – the \n2003–04 PI) × 0.10. The 2004–05 target is provided for groups whose PI \nwas below the Effective AMO in 2003–04. \n2003–04 Participation* 2003–04 Performance** 2003–04 Standards 2004–05 \nAccountability Group Grade 4 \nEnrollment Percent of \nEnrollment \nTested Count of \nContinuously \nEnrolled \nStudents Performance \nIndex Effective \nAMO ELA Safe \nHarbor \nTarget Met the \nScience \nQualification \nfor Safe \nHarbor Made \nAYP in \nELA in \n2003–04ELA Safe \nHarbor \nTarget \nAll Students 60 100% 58 164 110 YES \nStudents with Disabilities 7 7 \nAmerican Indian/Alaskan Native \nBlack 3 3 \nHispanic 1 1 \nAsian or Pacific Islander 1 1 \nWhite 55 100% 53 166 110 YES \nLimited English Proficient \nEconomically Disadvantaged 18 16 \nFinal AYP Determination YES \n*Students who were excused from testing for medical reasons ar e not included in the enrollment count. If the participation rate of an accountability group fell below 95 percent in \n2003–04, the enrollment shown is the sum of 2002–03 and 2003–04 enrollments and the percent tested is the weighted average of t he participation rates over those two years. \n**For schools with fewer than 30 continuously enrolled tested students in 2003–04, data for 2002–03 and 2003–04 were combined t o determine counts and PIs. \n***Groups with a “***” are not required to meet the science qualification for safe harbor to make safe harbor in English and ma thematics because fewer than 30 students in the \ngroup were administered the science test. \n \nState accountability status in elementary-level English language arts: School In Good Standing \n \nTitle I accountability status in elementary-level English language arts: School In Good Standing OAK STREET SCHOOL 03/06/05 091200010004 Elementary-Level Mathematics \nDefinitions of terms, such as Pe rformance Index and Effective Annual \nMeasurable Objective (AMO), are in the glossary, which is the last page \nof this report. \nFor a school or a district to make Adequate Yearly Progress (AYP) \nin 2003–04, every accountability group must make AYP. \nFor an accountability group to make AYP in 2003–04, it must 1. meet the 95 percent pa rticipation requirement ( 2003–04 \nParticipation ), and \n2. either meet its Effective AMO or make safe harbor ( 2003–04 \nPerformance and Standards ). \nTo meet the participation require ment, 95 percent of the grade 4 \nenrollment in each accountability group with 40 or more students must be tested. To meet the Effective AM O, the Performance Index for each \ngroup with 30 or more continuously enrolled students must equal or \nexceed the Effective AMO. To make safe harbor, the Performance Index \nof each of these groups must equal or exceed its math safe harbor target and the group must meet the elementary-level science \nqualification for safe harbor. (See t he elementary-level science page of \nthis report for further information on meeting the science qualification for safe harbor.) \nMath Safe Harbor Targets: The elementary-level 2003–04 Math Safe \nHarbor Target is calculated by using the following equation: 2002–03 PI \n+ (200 – the 2002–03 PI) × 0.10. The 2004–05 Math Safe Harbor Target \nis calculated by using the following equation: 2003–04 PI + (200 – the \n2003–04 PI) × 0.10. The 2004–05 target is provided for groups whose PI \nwas below the Effective AMO in 2003–04. \n2003–04 Participation* 2003–04 Performance** 2003–04 Standards 2004–05 \nAccountability Group Grade 4 \nEnrollment Percent of \nEnrollment \nTested Count of \nContinuously \nEnrolled \nStudents Performance \nIndex Effective \nAMO Math Safe \nHarbor \nTarget Met the \nScience \nQualification \nfor Safe \nHarbor Made \nAYP in \nMath in \n2003–04Math Safe \nHarbor \nTarget \nAll Students 58 98% 56 186 123 YES \nStudents with Disabilities 7 6 \nAmerican Indian/Alaskan Native \nBlack 3 3 \nHispanic 1 1 \nAsian or Pacific Islander 1 1 \nWhite 53 98% 51 186 123 YES \nLimited English Proficient \nEconomically Disadvantaged 16 15 \nFinal AYP Determination YES \n*Students who were excused from testing for medical reasons are not included in the enrollment count. If the participation rate of an accountability group fell below 95 percent \nin 2003–04, the enrollment shown is the sum of 2002–03 and 20 03–04 enrollments and the percent tested is the weighted average o f the participation rates over those two \nyears. \n**For schools with fewer than 30 continuously enrolled tested students in 2003–04, data for 2002–03 and 2003–04 were combined t o determine counts and PIs. \n***Groups with a “***” are not required to m eet the science qualification for safe harbor to make safe harbor in English and ma thematics because fewer than 30 students in \nthe group were administered the science test. \n \nState accountability status in elementary-lev el mathematics: School In Good Standing \n \nTitle I accountability status in elementary-l evel mathematics: School In Good Standing OAK STREET SCHOOL 03/06/05 091200010004 Elementary-Level Science \nDefinitions of terms, such as Progress Target and Adequate Yearly \nProgress (AYP), are in the glossary , which is the last page of this \nreport. \nMade AYP in Science in 2003–04: For a school or a district to make AYP \nin science, the Performance Index (P I) for the “All Students” group must \nequal or exceed the State Science Standard or the Science Progress \nTarget. \nState Designated Level (SDL): The score that students taking the \nelementary-level science test in 2002–03 must have equaled or exceeded \non the written portion of the test to have met the State Science Standard. Qualification for Safe Harbor in Elementary-Level ELA and Math: \nFor an accountability group to be cons idered Qualified for Safe Harbor \nin Elementary-Level ELA and Math, the PI must equal or exceed the \nState Science Standard or the Scienc e Progress Target in elementary-\nlevel science for that group. Groups with fewer than 30 students tested \nin elementary-level science are not subj ect to this qualification criterion. \nScience Progress Targets: The elementary-level 2003–04 Science \nProgress Target is calculated by mu ltiplying the 2002–03 Percent At or \nAbove SDL by two and then adding one point. The 2004–05 Science \nProgress Target is calculated by adding one point to the 2003–04 PI. \nThe 2004–05 target is provided for groups whose PI was below the \nState Science Standard in 2003–04.\n2003–04 Performance* 2003–04 Standards 2003–04 2004–05 \nAccountability Group Count of \nContinuously \nEnrolled \nStudents Performance \nIndex State \nScience \nStandard Science \nProgress \nTarget Made AYP \nin Science \nin 2003–04Qualified for \nSafe Harbor in \nElementary-\nLevel ELA and \nMath Science \nProgress \nTarget \nAll Students 57 188 100 YES YES \nStudents with Disabilities 7 \nAmerican Indian/Alaskan Native \nBlack 3 \nHispanic 1 \nAsian or Pacific Islander 1 \nWhite 52 190 100 YES \nLimited English Proficient \nEconomically Disadvantaged 15 \nFinal AYP Determination YES \n*For schools with fewer than 30 continuo usly enrolled students in 2003–04, data for 2002–03 and 2003–04 were combined to determ ine counts and \nPerformance Indices. \n \n State accountability status in elementary -level science: School In Good Standing \n \nTitle I accountability status in elementary -level science: School In Good Standing OAK STREET SCHOOL 03/06/05 091200010004 Glossary \n \nAccountability Cohort: The 2000 school accountability cohort consists of all \nstudents who first entered grade 9 in the fall of 2000, and all ungraded \nstudents with disabilities who reache d their seventeenth birthday in the \n2000–01 school year, who were enrolled on October 2, 2002. Students who transferred to programs leading to a high school diploma or high school \nequivalency diploma were not included in the 2000 school accountability \ncohort. The 2000 district accountability coho rt consists of all students in each \nschool accountability cohort plus students who transferred within the district \nafter BEDS day plus students who were placed outside the district by the \nCSE or district administrators and wh o met the other requirements for cohort \nmembership. Cohort is defined in Section 100.2 (p) (8) of the \nCommissioner’s Regulations. \nAdequate Yearly Progress (AYP): Adequate Yearly Progress (AYP) \nindicates satisfactory progress by a dist rict or a school toward the goal of \nproficiency for all students. \nAnnual Measurable Objective (AMO): The Annual Measurable Objective \n(AMO) is the PI value that signifies that an accountabilit y group is making \nsatisfactory progress towa rd the goal that 100 per cent of students will be \nproficient in the State's learning standards for English language arts and \nmathematics by 2013–14. The AMO will be increased in regular increments \nbeginning in 2004–05 until it reaches 2 00 in 2013–14. (See Effective AMO \nfor further information.) \nContinuously Enrolled Students: Students enrolled in the school or district \non BEDS day (usually the first Wednesday in October) of the school year and \nuntil the day of testing. \nEffective Annual Measurable Objective (Effective AMO): The Effective \nAnnual Measurable Objective (Effective AMO) is the PI value that each \naccountability group within a school or di strict is expected to achieve to make \nAYP. The Effective AMO is the lowest PI that an accountability group of a \ngiven size can achieve in a subject fo r the group’s PI not to be considered \nsignificantly different from the AMO for that subject. If an accountability \ngroup's PI equals or exceeds the Effect ive AMO, it is considered to have \nmade AYP. A more complete definition of Effective AMO and a table showing the PI values that each group size must equal or exceed to make \nAYP are available at www.emsc.nysed.gov/irts. Graduation-Rate Cohort: Graduation-rate cohort for each year includes all \nstudents in the accountability cohort in the previous year plus all students \nexcluded from that accountability cohort solely because they transferred to a \ngeneral education development (GED) program. Certain students with \nsevere disabilities and new immigrants were excluded from the 1999 \ngraduation-rate cohort. \nGraduation-Rate Standard: The criterion value that represents a minimally \nsatisfactory percentage of cohort me mbers earning a local diploma. The \nState Graduation-Rate Standard is 55 percent. The Commissioner may raise \nthe Graduation-Rate Standard at his discretion in future years. \nPerformance Index (PI): A Performance Index is a value from 0 to 200 that \nis assigned to an accountability group, indicating how that group performed \non a required State test (or approved alternative) in English language arts, \nmathematics, or science. Student scores on the tests are converted to four \nachievement levels, from Level 1 (indicating no proficiency) to Level 4 \n(indicating advanced proficiency). At the elementary and middle levels, the \nPI is calculated using the following equation: 100 × [(Count of \nContinuously Enrolled Tested Students Performing at Levels 2, 3, and 4 \n+ the Count at Levels 3 and 4) ÷ Count of All Continuously Enrolled \nTested Students]. At the secondary level, the PI is calculated using the \nfollowing equation: 100 × [(Count of Cohort Members Performing at \nLevels 2, 3, and 4 + the Count at Levels 3 and 4) ÷ Count of All Cohort \nMembers]. A list of tests used to measure student performance for \naccountability is available at www.emsc.nysed.gov/irts. \nProgress Target: For accountability groups below the State Standard in \nscience or graduation rate, the Progress Target is an alternative method for \nmaking AYP or qualifying for safe harb or in English language arts and \nmathematics based on improvement over t he previous year's performance. \nSafe Harbor: Safe Harbor provides an alternative means to demonstrate \nAYP for accountability groups that do not achieve t heir Effective AMOs in \nEnglish or mathematics. \nScience Standard: The criterion value that represents a minimally \nsatisfactory performance in science. In 2003–04, the State Science Standard \nat the elementary and middle levels was a PI of 100. The Commissioner may \nraise the State Science Standard at his discretion in future years.\n " }

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{ "pdf_file": "MZRWQI7HD6SSDT2AQTG7FN73WTASIU6X.pdf", "text": "990216FIS_Sm1.wpdMINUTES\nMONTANA SENATE\n56th LEGISLATURE - REGULAR SESSION\nCOMMITTEE ON FISH AND GAME\nCall to Order: By CHAIRMAN KEN MESAROS , on February 16, 1999 at\n3:00 P.M., in Room 325 Capitol.\nROLL CALL\nMembers Present:\nSen. Ken Mesaros, Chairman (R)\nSen. Mike Taylor, Vice Chairman (R)\nSen. Tom A. Beck (R)\nSen. Al Bishop (R)\nSen. William Crismore (R)\nSen. Steve Doherty (D)\nSen. Pete Ekegren (R)\nSen. Jon Ellingson (D)\nSen. Eve Franklin (D)\nSen. Chuck Swysgood (R)\nSen. Jack Wells (R)\nMembers Excused: Sen. Bea McCarthy (D)\nMembers Absent: None.\nStaff Present: Leanne Kurtz, Legislative Branch\n Adrienne Pillatzke, Committee Secretary\nPlease Note: These are summary minutes. Testimony and\ndiscussion are paraphrased and condensed.\nCommittee Business Summary:\n Hearing(s) & Date(s) Posted: SB 445, 2/16/1999; SB 458,\n2/16/1999; SB 418, 2/16/1999\n Executive Action: None.\nHEARING ON SB 445\nSponsor: SENATOR CHARLES SWYSGOOD, SD 17, Dillon SENATE COMMITTEE ON FISH AND GAME\nFebruary 16, 1999\nPAGE 2 of 21\n990216FIS_Sm1.wpdProponents :REPRESENTATIVE BILL TASH, HD 34, Dillon\nRobin Cunningham, Fishing Outfitters Assoc. of MT\nRandy Smith, Big Hole Watershed Committee\nSteve Luebeck, George Grant Chapter of Trout \nUnlimited\nVince Fischer, SkyLine Sportsman\nJim Hagenbarth, Big Hole Watershed Committee\nJerry Kustich, Lewis & Clark Trout Unlimited\nRobbie Garrett, Beaverhead County Forum\nAllen Schallenberger, Experience Montana\nMonty Hankinson, Outfitter\nBill Allen, Beaverhead Outdoors Association\nPat Graham, Fish Wildlife and Parks\nPaul Roos, Outfitter\nStuart Decker, Big Hole River Foundation\nDarrell Baker, Anaconda Sportsman\nGarth Haogland, Beaverhead County Commission\n \nOpponents :David Dittloff, MT Wildlife Federation\nJim McDermand, Medicine River Canoe Club\nOpening Statement by Sponsor : \nSENATOR CHARLES SWYSGOOD, SD 17, Dillon , stated SB 445 was\nbrought to the committee to address concerns the community had\nwith conditions on two rivers in his district. He said there has\nbeen a lot of discussion about the subject and there is a feeling\nthat something has to be done. He commented that SB 445 limits\nthe number of launches for outfitters on the Beaverhead and Big\nHole Rivers. The bill also limits the use to weekdays only for\noutfitters and weekends for the general public fishing. He said\nthe bill also has a section directing the Department of Fish\nWildlife and Parks to allow the Big Hole Watershed Committee and\nthe Beaverhead County Consensus Forum to develop further plans\nfor recreational uses of the two rivers. \nProponents' Testimony : \n{Tape : 1; Side : A; Approx. Time Counter : 5.3}\nREPRESENTATIVE BILL TASH, HD 34, Dillon , said the problems have\nbeen accumulating on the two rivers. He stated the legislation\nis needed very much in order to appropriately regulate these\nwaters to the point of where the resident fishers are not\ncanceled out. \nRobin Cunningham, Fishing Outfitters Assoc. of MT, said the\nassociation supports SB 445 and proposed amendments. The SENATE COMMITTEE ON FISH AND GAME\nFebruary 16, 1999\nPAGE 3 of 21\n990216FIS_Sm1.wpdassociation recognizes the problems on these rivers. He stated\noutfitters are typically held to a higher standard. He discussed\nthe rules of etiquette for the rivers. He said outfitters must\nbe willing to regulate themselves. He described the three main\npoints of the bill. He said the proposed amendments are directed\ntoward the last two main points. He entered and discussed the\namendments, EXHIBIT(fis38a01) . \nRandy Smith, Big Hole Watershed Committee , discussed how the Big\nHole Watershed Committee came about and who the members are. He\ndescribed the issues which they worked on. He stated they\nsupport the bill to get the process started before there is a\nworse problem that will require immediate action by the FWP. \nSteve Luebeck, George Grant Chapter of Trout Unlimited , provided\nwritten testimony, EXHIBIT(fis38a02) . \nVince Fischer, SkyLine Sportsman , stated they think the bill is\nreasonable and needed. He hopes the committee will support the\nbill particularly with the amendments that have been presented. \nJim Hagenbarth, Big Hole Watershed Committee , stated the\ncommittee is very concerned about the pressure on the Big Hole\nRiver and its quality. He stated no matter how the committee\ndecides to limit the pressure on the rivers, it must not be\ngreater than it historically was. He discussed a section of the\nriver from Melrose down and said if that piece is not regulated\nlate in the year there will be problems. \nJerry Kustich, Lewis & Clark Chapter of Trout Unlimited, stated\nthey support the bill. He commented if the amendments are\nsatisfactory with the outfitting industry and all interested\nparties, they will be interested in backing the legislation. He\nstated if they gain this and lose access on SB 418, then SB 445\nwill make no sense.\nRobbie Garrett, Beaverhead County Forum , provided written\ntestimony, EXHIBIT(fis38a03) and pamphlet, EXHIBIT(fis38a04) .\nAllen Schallenberger, Citizen from Sheridan , asked to withdraw a\nletter he sent because he now supports the bill with amendments.\nMonty Hankinson, Big Hole/Beaverhead Outfitters and Guides\nAssoc., stated his main concern is the Beaverhead River. He said\nthe river cannot handle the pressure it is taking.\nBill Allen, Beaverhead Outdoors Association , stated the\nassociation is in favor of SB 445. SENATE COMMITTEE ON FISH AND GAME\nFebruary 16, 1999\nPAGE 4 of 21\n990216FIS_Sm1.wpdPat Graham, Fish Wildlife and Parks , entered written testimony,\nEXHIBIT(fis38a05) .\nPaul Roos, Outfitter , said he supports SB 445. He commented on\nthe cut off date of January 1, 1999 and the Smith River process. \nHe stated the amendment proposing the two launch concepts is good\nand also thinks the concept of trying to control lateral\nexpansion of outfitters of a total season is good. He said the\nstate needs a bill that deals with the whole issue state-wide.\n{Tape : 1; Side : A; Approx. Time Counter : 31.9}\nStuart Decker, Big Hole River Foundation , said the foundation is\nin support of the bill as long as the amendments seek to make it\na more inclusive process for consensus building. \nDarrell Baker, Anaconda Sportsmen, stated they support SB 445\nwith amendments. \nGarth Haogland, Beaverhead County Commission , stated the\ncommission believes SB 445 is the answer or the start of answers\nto addressing the issues that have occurred through recreation\nuse of the rivers that flow through the county. \n{Tape : 1; Side : A; Approx. Time Counter : 33.4}\nOpponents' Testimony : \nDavid Dittloff, MT Wildlife Federation , provided written\ntestimony, EXHIBIT(fis38a06) and proposed amendments,\nEXHIBIT(fis38a07) and a outline of why they oppose SB 445,\nEXHIBIT(fis38a08) .\nJim McDermand, Medicine River Canoe Club, stated their concern is\nthe Beaverhead and Big Hole Rivers which are Montana rivers and\nall Montanans use them. He said Montana desperately needs a\nstate-wide river management bill to address over crowding and\nsocial conflict among users, but any plan should have input from\nall users, not just the local people. He said if the club's\nconcerns are addressed through the amendments offered, then they\nwould have no problem excepting SB 445 with amendments. \n{Tape : 1; Side : A; Approx. Time Counter : 36.7}\nQuestions from Committee Members and Responses : \nSENATOR DOHERTY referred about the amendments which proposed the\noutfitters would be limited in the number of launches to two\nboats per state or federal river access per day. He asked if SENATE COMMITTEE ON FISH AND GAME\nFebruary 16, 1999\nPAGE 5 of 21\n990216FIS_Sm1.wpdthat is intended to mean all outfitters or just one outfitter\nwill limit himself to two launches per access site. Robin\nCunningham replied the population of outfitters that are allowed\nto participate on these rivers according to their operation plan\nwould be included in the population who must limit them\nindividually to two boats per site per day. He said outfitters\ncould launch no more than two craft per site. SENATOR DOHERTY\nasked if that was all outfitters or just each individual\noutfitter is limited to two launches per site per day. Robin\nCunningham responded yes, each outfitter is limited to two. \nSENATOR DOHERTY asked how many sites are on the river that they\nare talking about that an outfitter would be able to launch from. \nRobin Cunningham stated on the Big Hole River there are probably\n15 sites yielding 30 craft per outfitter per day.\nSENATOR DOHERTY asked how many outfitters are licensed to do\nbusiness on the Big Hole and how many launches are they being\nlimited to compared to what is going on already. Pat Graham\nreplied the department does not license outfitters so he could\nnot give the figures. SENATOR DOHERTY asked if he knows how many\ncrafts are being launched per day during the season. Pat Graham\nanswered somewhere between 7-8% of the use is outfitted. He said\nhe could not translate that into an actual use figure but could\nget that information. \nSENATOR DOHERTY said what he is was getting at is how much are\nthey really limiting, and if they are really limiting anything at\nall. Pat Graham replied he understands his point but doesn't\nhave the information to tell him.\nSENATOR WELLS stated the amendment Mr. Cunningham proposed,\nlimits the access for the areas from Jerry Creek down to Salmon\nFly. He asked how much of the river is being left for the\nsportsman fisherman. Robin Cunningham said it is more\nappropriate for a local outfitter to answer the question. Stuart\nDecker replied Jerry Creek to Melrose represents about 35-40\nmiles with 5 access sites. He said of the section of the river\nthat is considered fishable represents the gut of the best and\nhas special regulations in place. Historically, this is where\nmost of people give their attention when they go fishing. That\nis where the most pressure is. He said Jerry Creek down to\nMelrose represents probably 70% of the traffic any given day.\nSENATOR WELLS asked about the section on the Beaverhead River\nfrom Clark Canyon to Hannonberry. Monty Hankinson stated on the\nBeaverhead from the dam to Hannonberry there are three major\naccesses which cover the first 5-6 miles of the river. SENATOR\nWELLS asked what percentage is the first 5-6 miles, 50% of the SENATE COMMITTEE ON FISH AND GAME\nFebruary 16, 1999\nPAGE 6 of 21\n990216FIS_Sm1.wpdriver or is it a good fishing area. Monty Hankinson replied that\nis the most popular area. He said on any tail water, the first\nfew miles below the dam are always the top fishing and most\npopular area.\nSENATOR TAYLOR asked how many outfitters are on the river on a\ngiven day and how many boats go down the river. Stuart Decker\nsaid that is a moving target. He asked Senator Taylor if he is\nasking for outfitters who reside directly in the area or\noutfitters who use it habitually. SENATOR TAYLOR stated he just\nwanted to know approximately. Stuart Decker said seasonally it\nis very different. On June 15 there may be 10, 15, 20 over a\ncourse of a 30-mile stretch and you could float that far in a\nday. In September, 30 miles of river represents 6 days worth of\nfishing and there would be between 2 and 4 outfitters on a\nsection. Anywhere from Divide to Melrose there would be 10 to 12\nboats being put in at Divide and 10 to go into Melrose. \n{Tape : 1; Side : B; Approx. Time Counter : 0}\nSENATOR BISHOP asked if the Big Hole and Beaverhead are the only\nrivers they are having a problem within his district. SENATOR\nSWYSGOOD replied yes. SENATOR BISHOP asked about the Ruby River\nand the Madison River. SENATOR SWYSGOOD said he didn't want to\nopen a can of worms on the Madison and he is not as familiar with\nthat river. He said it is a whole different situation.\nClosing by Sponsor : \nSENATOR CHARLES SWYSGOOD, SD 17, Dillon said he has some real\nconcerns as it relates to the resource and the use of those\nresources. He stated maybe everything we do isn't the panacea\nfor trying to correct everything. He said they see some real\npotential for devastation of the resource. He thinks that is why\nthe bill contains the section which allows them to address other\nuses of the river and allows them to establish a management plan\nfor all recreational uses of the river. He said when it comes to\nlimiting use on the river by the outfitters, it is a difficult\nsituation to address, but if they do something similar to what is\nbeing suggested, then it couldn't get any worse than it is right\nnow. He stated to remember a fishing outfitter files an\noperational plan and the outfitter lists the rivers he is going\nto use. Any outfitter that has an operational plan on file, as\nof January 1, 1999 and lists the Beaverhead and the Big Hole,\nwould be part of the total picture. He has concerns with some of\nthe amendments as to where they are going and the committee will\ndiscuss them during executive action. He said their intent is\nthat the situation has to be rectified or at least slowed down,\nwhich the bill is attempting to do. He hopes when the SENATE COMMITTEE ON FISH AND GAME\nFebruary 16, 1999\nPAGE 7 of 21\n990216FIS_Sm1.wpdlegislature convenes next time there will be a proposal that will\nbe more broad and encompassing to further protect this valuable\nresource. He had another concern with the amendment covering the\nweekends.\n{Tape : 1; Side : B; Approx. Time Counter : 4.6}\nHEARING ON SB 458\nSponsor: SENATOR FRED THOMAS, SD 31, Stevensville\nProponents :Greg Munther, MT Bowhunters Association\nStan Rauch, MT Bowhunters Association\nPat Graham, Fish Wildlife and Parks\n \nOpponents :None.\nOpening Statement by Sponsor : \nSENATOR FRED THOMAS, SD 31, Stevensville said the illegal taking\nof trophy big game is a serious problem in Montana. He states \nSB 458 raises the bar and substantially penalizes a person that\nwould be convicted of purposely knowing or negligently taking,\nkilling or possessing or transporting a trophy animal. He said\none important detail is the common hunter who makes a mistake. \nThis bill has some serious fines for having these animals in\ntheir possession or taking them. He said that is why they built\nin the language in page 3, line 9, subsection F which states what\nhe read before. You must be convicted of purposely knowing or\nnegligent. This is a high bar versus just having or being there. \nHe stated if the language is not satisfactory, then he is for\nimproving it. He thinks they have accomplished that.\nHe discussed section 1 which set up the significant penalties. \nHe said they want to raise the threshold in Montana to make it a\nserious penalty to poach and possess game that is illegally\ntaken. He stated this bill will make Montana a bad place to\npoach big game and the result of not passing the bill is to say\n\"why not poach here in Montana where the game is good and the\npenalties are light.\" \nProponents' Testimony : \nGreg Munther, MT Bowhunters Association, stated the association\nbelieves most Montanans intent to be law abiding and are law\nabiding when it comes to hunting and fishing. He said there are\na number of people in this state who use the wide open spaces and SENATE COMMITTEE ON FISH AND GAME\nFebruary 16, 1999\nPAGE 8 of 21\n990216FIS_Sm1.wpdthe quality of our animals for personal gain either monitarially\nor for some sort of self gratification in illegally harvesting\nthe biggest and the best of Montana's wildlife. The association\nbelieves Montana will become attractive as surrounding states\nraise their penalties for similar violations as has happened in\nColorado and Utah. The association would like to urge support of\nthe bill because they believe it would better balance the risks.\nThe reward of being caught and prosecuted in a substantial way\nserves as an deterrent for those people who might consider such\nactions. \nHe entered and discussed the informational packet,\nEXHIBIT(fis38a09) .\nHe stated there are three elements the association feel are\nimportant. They believe the restitution amounts should reflect\nmarket values. The second element is a license revocation. He\nsaid this bill proposes that fishing and hunting licenses be\nrevoked for violators who take these trophy animals intentionally\nfor five years as would poaching any big game animal using a\nspotlight, infrared scope, or night scope. The association feels\nthese are deliberate acts; there is no mistaking that these\nanimals were killed illegally and maliciously. The third element\nis that the money collected from the restitution penalties would\nbe directed back into Montana hunter education programs. He said\nthe hunter education programs are meant to promote and teach\nethical, legal, and responsible hunting behavior which they\nbelieve is positive for the State of Montana, especially the\nsportsmen who are now being cheated.\n{Tape : 1; Side : B; Approx. Time Counter : 15.1}\nStan Rauch, MT Bowhunters Association, discussed the antlers\nwhich were brought for demonstration of poached big game in\nMontana. He said a lot of poaching comes from people out of\nstate. They go to the states where penalties are the lightest\nand take the trophy big game animals and leave. He said the only\nway to get people's attention is to promote the much higher\nfines. \nPat Graham, Fish Wildlife and Parks , provided written testimony,\nEXHIBIT(fis38a10) .\n \nOpponents' Testimony : None.\nQuestions from Committee Members and Responses : SENATE COMMITTEE ON FISH AND GAME\nFebruary 16, 1999\nPAGE 9 of 21\n990216FIS_Sm1.wpdSENATOR BECK asked about goats being taken for trophy. He was\nshown by a committee member where in the bill it states goats are\nincluded.\nClosing by Sponsor : \nSENATOR FRED THOMAS, SD 31, Stevensville , stated there is no way\nwe want the mistaken hunter to get hammered. He wants the\ncommittee to be comfortable with the bill that passes out of the\ncommittee. He said it isn't their intent to get someone who made\na mistake, they want to hammer the poachers who are making a\nbusiness of this in Montana.\n{Tape : 1; Side : B; Approx. Time Counter : 23.1}\nHEARING ON SB 418\nSponsor: SENATOR CHARLES SWYSGOOD, SD 17, Dillon\nProponents : Page Dringman, MT Landowners Alliance\nDave Hodges, MT Landowners Alliance\nPaul Vancleve, MT Ranch Vacation Association\nHarold Blattie, MT Association of Counties\nDiane Colpo, MT Landowners Alliance\nSandra Peck, Self\nJohn McDonald, self\nDonna Sevalstad , Commissioner Beaverhead County\nCandace Payne , Wife, Women Involved in Farm \nEconomics\nDebby Barrett, self\nJohn Bloomquist, MT Stockgrowers\nLance Lovell, Big Timber\nTony Carroccia, Melville\nDawn Curry, Citizen\nOpponents :REPRESENTATIVE STEVE GALLUS, HD 35, Butte\nStan Meyer, FWP Commission\nJerry Wells, MT Council of Trout Unlimited\nJim McDermand, Medicine River Canoe Club\nStan Bradshaw, self\nJerry Kustich, Lewis & Clark\nBill Holdorf, Skyline Sportsmens' Association\nDianne McDermand, Medicine River Canoe Club\nPaul Roos, outfitter\nStan Frasier, Prickley Pear Sportsmen's Association\nBob Wilkie, represented the people of Wisdom\nChris Strainer, self SENATE COMMITTEE ON FISH AND GAME\nFebruary 16, 1999\nPAGE 10 of 21\n990216FIS_Sm1.wpdTony Schoonen, Public Lands Access Association\nAllen Schallenberger, Sheridan\nVince Fischer, SkyLine Sports\nPat Graham, Fish Wildlife and Parks\nRobin Cunningham, Fishing Outfitters Association\nBob Decker, Helena\nSteve Luebeck, George Grant Chapter of Trout \nUnlimited \nMike Lesnik, Helena\nKatrina Scheuerman, MT Audubon\nDarrell Baker, Anaconda Sportsman\nSam Babich, self\nOpening Statement by Sponsor : \nSENATOR CHARLES SWYSGOOD, SD 17, Dillon , stated SB 418 is brought\nto the committee because of the increasing conflicts between\nlandowners and sportsmen regarding the use of bridge easements on\ncounty or state roads for access to underlying water courses. He\nexplained how the Ruby River Task Force was established and what\ntheir objectives were.\nHe stated the Department of FWP requested an Attorney General's\nopinion regarding the issue of recreational access at bridges. \nThe opinion has not been forth coming from the Attorney General. \nHe believes the FWP does not have authority over county roads or\ncounty bridges, he thinks they rest with the Department of\nTransportation and/or the county governments. The bill is to\ndiscuss this issue and to get an open and honest debate so they\ncan make some decisions on what the committee hears in the\nhearing. He believes they have some valid arguments as it\nrelates to the use of bridge and road easements for access\nespecially across private property. He said this legislation\ndoes not prevent access from any designated access site, any\nplace where the county or state owns the land adjacent to the\nwater course, any place where the right of way is held in fee\ntitle by the county or state, any place where the term of\neasement specifically allows access or any area where landowners\ngive permission for access. He said the bill defines the\neasements on county roads and bridges as it relates to access of\nwhere private land is concerned.\nProponents' Testimony : \nPage Dringman, MT Landowners Alliance , entered a pamphlet with\naccess sites and letters from counties, EXHIBIT(fis38a11) , and\nletters from residents who could not be present,\nEXHIBIT(fis38a12) . Mrs. Dringman stated the bill was requested\nby FWP for an Attorney General's opinion. The request was made SENATE COMMITTEE ON FISH AND GAME\nFebruary 16, 1999\nPAGE 11 of 21\n990216FIS_Sm1.wpdin June and no opinion has been forthcoming and landowners have\nbeen concerned with the issue. She said landowners have also\nbeen concerned with the FWP request because the FWP asked for a\nbroad right of access that is correlated to the recreational use\nof streams statutes. The FWP request to the Attorney General and\nthe landowners' concerns were discussed.\nPage Dringman said the FWP argument in the memorandum is the\npublic right of recreating in water courses between the high\nwater marks is justification for a right of access. Mrs.\nDringman stated the argument uses the public trust doctrine which\nhas always been a judicial doctrine addressing water born uses as\na land use tool to restrict private property rights. On the\nstream access law, the law does not provide a right of access\nfrom dry land above the high water mark. \nPage Dringman also commented on the numerous misrepresentations\nin the newspapers and the testimony given by the sponsor. She\nsaid the bill does not prohibit access where there is public land\nor where there the road or bridge is held in fee by the county or\nstate. \nThe pamphlet was explained and handed in the Montana Afloat map,\nEXHIBIT(fis38a13) . Mrs. Dringman said the issue before the\ncommittee concerns the scope of the easement that was given to\nthe county or the state Department of Transportation. She\ncommented on court cases that have determined the scope of the\neasement and on bills in the current legislature. She also\ncommented on the noxious weed bill and how noxious weeds are\nbeing spread and prevention of spread.\nPage Dringman clarified that private property rights are a\nfundamental right; there are constitutionally protected rights\nand it has to be balanced with the right of recreation. She\nmentioned the court case of Garrison v Avral. Comments on the\nenvironmental degradation and stream bank erosion were\nconsidered. On her talk with the Department of Transportation,\nthey don't believe their highway easements for the highway\npurpose encompasses recreational use. Letters from the counties\nwere discussed. \nPage Dringman stated the passage of SB 418 doesn't prevent\nfishing access site acquisition and negotiations but does say we\nrecognize a difference between an easement and fee title. \n{Tape : 2; Side : A; Approx. Time Counter : 0} SENATE COMMITTEE ON FISH AND GAME\nFebruary 16, 1999\nPAGE 12 of 21\n990216FIS_Sm1.wpdDave Hodges, MT Landowners Alliance , entered written testimony,\nEXHIBIT(fis38a14) .\nPaul Vancleve, MT Ranch Vacation Association, provided written\ntestimony from the association, EXHIBIT(fis38a15) . He also\nrepresented the Crazy Mountain Landowners Association, the east\nside chapter and provided written testimony, EXHIBIT(fis38a16) .\nHarold Blattie, MT Association of Counties , stated they support\nSB 418 and do not believe it substantially changes existing law\nbut rather clarifies them. He said if you ask the question of\nwho pays taxes on the underlying property, you would resolve what\nthe issue is. He commented on page 2, line 20-22. \nDiane Colpo, MT Landowners Alliance, related the problems her\nfamily has had with people on their property to gain access to\nthe river. She said their problems are so bad they are thinking\nof selling their home. She stated there is a campground across\nfrom her property which has easy access for the handicap,\nchildren, adults, and fishermen. \nSandra Peck, Self , said their family has had problems with\nrafters, campers and vehicles at their home. There is a bridge\nat the entrance of their driveway. She said there is a fishing\naccess and an access two miles up the river from their home. \nThey have posted signs and asked people not to block their\nentrance to their home. She stated the property on both sides of\nthe road belongs to them. She is also concerned with liability.\nJohn McDonald, self , said in the Rock Creek area the bill will be\na small step towards solving what has the potential of being a\nvery explosive situation. He said the landowners have decided\nthey are going to protect their property rights by whatever\nmethod they have to resort to.\nDonna Sevalstad, Commissioner Beaverhead County , said she shares\nthe concern of the liability issues, private property issues and\nhow the easement was acquired on the underlying property. She\nurges the support of SB 418.\nCandace Payne, Wife Women Involved in Farm Economics, said they\nsupport SB 418. She stated wife policy specifically recognizes\nthe importance of guarding private property rights of landowners. \nShe reminded the committee the law established in Montana is the\nextent of the servitude is determined by the terms under which it\nwas originally granted.\n \nDebby Barrett, self , said she looked in the Constitution and\ncould not find recreational, sportsmen's or fishing rights. She SENATE COMMITTEE ON FISH AND GAME\nFebruary 16, 1999\nPAGE 13 of 21\n990216FIS_Sm1.wpdfound in the Montana State Constitution property rights which\nallow acquiring, possessing, and protecting property rights and\nit is lawful. She commented on SB 445 and its connection with \nSB 418. She stated there are 300 fishing sites and FWP maintain,\nmore than 300 public fishing access sites throughout the state. \nShe said most of the sites provide parking and boat launching\nareas and some are equipped with toilets and camp sites. All\nsites are marked with special hook and fish road signs. The\nspecial sites have gone through EIS and protect the environment.\n \nJohn Bloomquist, MT Stockgrowers Association , stated he is also\nrepresenting the MT Farm Bureau Federation and MT Water Resource\nAssociation. He said the bill is not about recreational access,\nit is about the scope of the bridge easements. He said the\nassociation followed the situation in Madison County and thought\nit was resolved with the Ruby Task Force. Their interests were\npeaked when the request was made for the Attorney General's\nopinion. They feel the bill is necessary to define the scope of\nthe easements.\n{Tape : 2; Side : A; Approx. Time Counter : 22.4}\nLance Lovell, Attorney, Big Timber , entered written testimony,\nEXHIBIT(fis38a17) . \nTony Carroccia, Rancher, Melville , provided written testimony,\nEXHIBIT(fis38a18) .\nDawn Curry, Citizen, said she has always had adequate access to\nher favorite rivers both through public access sites and\nlandowners who have allowed her access on their property. She\nfeels it is necessary to spell out common courtesy and respect\nfor the minority who has none, so they don't spoil the relations\nbetween landowners and the rest of the people. She said\nrecreationalists will gain more by maintaining respectful and\nfriendly relations with landowners than with belligerent demands.\nOpponents' Testimony : \n{Tape : 2; Side : A; Approx. Time Counter : 27.4}\nREPRESENTATIVE STEVE GALLUS, HD 35, Butte said the committee will\nhave to answer some questions. He asked if the committee\nsupports stream side access law. Second question is whether the\ncommittee supports the hard working, 12 month resident sportsman\nof Montana or do they support promoting Montana as a playground\nfor the rich and famous. He said if SB 418 is passed, the\nlandowner courtsey is going to turn into a commodity. He urged\nopposition of SB 418. SENATE COMMITTEE ON FISH AND GAME\nFebruary 16, 1999\nPAGE 14 of 21\n990216FIS_Sm1.wpdStan Meyer, FWP Commission , entered written testimony,\nEXHIBIT(fis38a19) .\nJerry Wells, MT Council of Trout Unlimited, said the preamble of\nthe bill suggests that the current uses at bridges are a new\nphenomenon and he suggests that is not the case. He stated\npublic right of way easements at bridges have been used for\nputting in and taking out boats for fishermen to gain access to\nstreams for a long time. He explained why the majority of the\nright of way acquisitions in fee are easements. He said in\nacquiring the easements the state paid the full market value of\nthe fee value even though they were only getting an easement. He\nunderstood they did that to gain as much possessory right as they\ncould get. He said today the right of ways are used for a wide\nrange of uses and list various uses. He said many of the smaller\nrivers and streams have seen landowner changes which have\nresulted where once there was access and now wealthy nonresidents\nown the land and are keeping everybody out. \nHe said the impact of passing SB 418 will eliminate access for\npeople. He believes SB 418 is an extreme solution to what ever\nproblems do exist at individual sites. He commented on the Wolf\nCreek bridge site on the Missouri River. He commented on lines\n20-22, page 2. \nJim McDermand, Organizations United for Rivers & Streams , written\ntestimony, EXHIBIT(fis38a20) .\nStan Bradshaw, self , said he was involved with the stream access\ncases when heard before the Supreme Court. He also assisted in\nthe drafting of the legislation of the current stream access\nbill. He does not think SB 418 is the appropriate way to address\nthe concern of the landowners. He commented on the memorandum\nfor the Attorney General and the people who have opposed the\nposition that has been expressed by OURS. He said if the bill\nwas a clarification bill then the Attorney General will come to\nthe conclusion he cannot make law. He said if the bill passes,\nthen the opportunity is forth closed to consider the legitimate\nconcerns of the recreationalists.\nJerry Kustich, Lewis & Clark Trout Unlimited , commented on the\nRuby River Task Force and its accomplishments. He said they did\nhave opposition by wealthy out-of-state new age landowners. The\nwealthy landowners could not restrict access and no longer market\nMontana public resource as an exclusive property right. He\nbelieves SB 418 is an effort to exact some sort of revenge and\nback by the wealthy landowners. SENATE COMMITTEE ON FISH AND GAME\nFebruary 16, 1999\nPAGE 15 of 21\n990216FIS_Sm1.wpdHe believes true sportsmen would never side with the trespassing,\nwith the littering, the abuses and language and believes there\nare laws that deal with these problems. It seems to him the\nright of way at bridges has only become a problem in the age of\nthe new age landowner. He believes the bill is to add value to\ntheir property by taking a public resource and making a private\nproperty right. He said the bill would deal away public property\nrights for the benefit of private ownership without any\ncompensation back to the public. He said these people are\nselling Montana's fisheries for big money and the public gets no\nmoney for that. He said this is a taking in reverse. He said if\nSB 418 is passed, many citizens will lose a vital component\nessential to the way of life in Montana for the benefit of a\nselect few. \n{Tape : 2; Side : B; Approx. Time Counter : 0}\nBill Holdorf, SkyLine Sportsmens' Association , entered and\ndiscussed a bridge sketch, EXHIBIT(fis38a21) .\nDianne McDermand, Medicine River Canoe Club , provided written\ntestimony and maps of two Montana rivers, EXHIBIT(fis38a22) . \nPaul Roos, Helena , said he has been involved in getting a state-\nwide river recreational or public waters recreational bill\npassed. He said some how everyone has to come together with\ncollaborating answers and those answers have to be done on a site\nby site or location by location approach. He commented on the\nBlackfoot River Recreation Corridor from the 1970's. And he\ncommented on the agreement for the Little Blackfoot River.\nStan Frasier, Prickley Pear Sportsmen's Association, stated he\nwould think a 60 foot right of way would be a simple concept to\nunderstand. He commented on a bill in the legislature which\nwould maintain agricultural use and help keep family farmers on\nthe land. \nBob Wilkie, representing the people of Wisdom , entered petition,\nEXHIBIT(fis38a23) .\nChris Strainer, self , said this bill was mentioned to clarify\nissues regarding stream access via the bridges and it would not\naffect all bridges. He believes this would tend to confuse\nrecreationalists by not knowing what bridges are effected and\nwhich ones they are to use. He believes the bill could be bad\nfor business. He said many people access streams via bridges and\nif the bill passes it will discourage people from both coming to\nthe state as tourists and also local people from going out and\nrecreating on the rivers. He believes the laws of littering and SENATE COMMITTEE ON FISH AND GAME\nFebruary 16, 1999\nPAGE 16 of 21\n990216FIS_Sm1.wpdthe other problems landowners have should be enforced and that we\nshould rely more on educating people on what they can and cannot\ndo at the sites.\n{Tape : 2; Side : B; Approx. Time Counter : 13.6}\nTony Schoonen, Public Lands Access Association , said he called\nthe County Treasurer in Butte and asked how much of the property\ntax dollars are used for maintaining roads and bridges. The\nCounty Treasurer said there is a certain amount depending on the\nsize of the county. He wondered what the intent of the bill if\nwe have been paying for the bridges for a long time.\nAllen Schallenberger, Sheridan , provided written testimony,\nEXHIBIT(fis38a24) and discussed the history of the use of these\nareas.\nVince Fischer, SkyLine Sports, stated he would not want the\ncommittee to leave the hearing with an image all these bridges\nare access sites for boat and trailers. He said there are\nhundreds of bridges in the state where a person can simply and\nunobtrusively enter the stream. He stated the issue is access\nand that access should not be denied. \nPat Graham, Fish Wildlife and Parks , entered written testimony,\nEXHIBIT(fis38a25) .\nRobin Cunningham, Fishing Outfitters Association , stated the only\nway he could conceive of getting into the stream or river would\nbe to leap if the bill was passed. He said it seems like an\nunusual way for him to provide a service for a person.\nBob Decker, Helena , commented his involvement as the county\ncommissioner of Lewis and Clark county and of an easement of the\nDearborn River. He said the bill, if passed, would end public\naccess on the entire Dearborn River. \nSteve Luebeck, George Grant Chapter of Trout Unlimited, stated\nthey oppose SB 418 and hoped the committee will table the bill.\nMike Lesnik, Helena, believes he has used every bridge in the\nfloor of the Flathead Valley on both the Stealwater River and the\nWhitefish River for recreational paddling access to those rivers. \nHe doesn't think there is any other legal access to those\nstretches of river. He knows there are many water\nrecreationalists that are slobs and the people are going to have\nto police themselves. SENATE COMMITTEE ON FISH AND GAME\nFebruary 16, 1999\nPAGE 17 of 21\n990216FIS_Sm1.wpdKatrina Scheuerman, MT Audabon , stated it is the public's right\nto access and asked the committee to oppose the bill.\nDarrell Baker, Anaconda Sportsman's , stated they oppose SB 418.\nSam Babich, self, opposed SB 418 and thinks it is a taking in\nreverse. \nQuestions from Committee Members and Responses : \n{Tape : 2; Side : B; Approx. Time Counter : 29.6}\nSENATOR BECK referred to the map given by Mr. Holden. He said he\nsees where he is putting the boats in. He asked where is he\nparking his vehicle. Bill Holden replied in the ditch up and\ndown the side. There is public land along the road, you have to\nuse the ditch. SENATOR BECK asked if there is room. Mr. Holden\nresponded generally. SENATOR BECK stated he thinks here are\nproblems on all bridges and there are some bridges that should be\naccess sites but may not all bridges. In the drawing by Mr.\nHolden, he can't see where anyone would park a vehicle. Mr.\nHolden replied they would have to move it up or down the road. \nHe hasn't seen anybody park a boat next to the access. \nSENATOR DOHERTY stated it has been 8 months and no reply from the\nAttorney General. He asked when is there going to be a response.\nPat Graham responded he doesn't know. He thinks the issues\nrelated to CI-75 have consumed them over the last couple of\nmonths. SENATOR DOHERTY said there has been a suggestion that a\ncabal of recreationalists have taken over FWP and substituted\ngood sense for a rabid desire to get an Attorney General's\nopinion. He asked if that has happened. Mr. Graham replied the\nissue rose out of the bridge questions on the Ruby River. He\nsaid the FWP did address through some easements and fee title\nacquisitions, property along the Ruby River. He said one of the\nrecommendations of the Task Force was to clarify the issue\nthrough the opinion. \nSENATOR BISHOP read line 10, page 2. He asked why the bill\ndoesn't say \"if recreational access is only prohibited\". He said\npeople would know what that means. Page Dringman said most of\nthe old easements do say for highway purposes and for\ntransportation purposes and so it becomes a question of\ninterpretation. She referred to cases in the Lewis and Clark\nCounty and Powell County. She doesn't think most easements\ninclude recreational access. SENATOR BISHOP asked if she had\never seen an easement that prohibited access. Page Dringman\nreplied that she hadn't seen an easement that expressly SENATE COMMITTEE ON FISH AND GAME\nFebruary 16, 1999\nPAGE 18 of 21\n990216FIS_Sm1.wpdprohibits, but easements usually don't expressly prohibit, they\nsay what use maybe made of the easement. SENATOR BISHOP referred\nto line 20, page 2, number 3. He asked if the legislature is\npowerful enough to take property away or give it away. He asked\nif the bridge is 40 feet wide and the right of way is 60 feet\nwide. Mrs. Dringman replied if there is an existing easement\nthat specifies the width of the right at the bridge then that\ndocument should control, so, if that is unclear then the bill\ncould be amended to address that. She said this came about\nbecause the existing statutes say the width of all county roads\nexcept bridges, alleys and lanes must be 60 feet. She said the\nDepartment of Transportation and county's concerns is if they\nwill be able to maintain the underlying structures but often the\nbridge easement doesn't specify.\nSENATOR BECK asked Mr. Graham what kind of ruling are they asking\nfor from the Attorney General. Pat Graham said the chief legal\ncouncil was present who prepared the request and he could answer\nthe question. Bob Lane said they asked for a ruling for a number\nof reasons dealing with what they felt was a growing controversy. \nHe said the request was for an opinion about access at road\nright-of-ways to cross rivers or streams. They realized an\nanswer would not solve all of the circumstances but felt many of\nthem could be answered with his opinion based on case law and the\nConstitution. They asked the Attorney General to answer as much\nas he felt he could about access at bridge crossings. \nSENATOR BECK asked if they included interstates, secondary roads,\nprimary roads, not just county roads. Bob Lane responded he\nbelieves they asked for access at county roads but the same\nprinciples would apply also to state right-of-ways. He said\nessentially they were dealing with issues along the Ruby River\nand county roads there. SENATOR BECK asked if it was strictly\nfor county roads. \nSENATOR MESAROS stated if Mr. Lane could submit information of\nthe request to the committee it would be helpful.\nSENATOR TAYLOR said there is a concern with the public's lack of\nrespect for property rights as mentioned by the people. He asked\nhow should the issue be addressed about the concerns of these\npeople. Mr. Lane said it is both the legal and a policy\nquestion. The FWP does acknowledge the problems. He thinks they\ncan be handled by prosecutions for trespass or littering. He\nthinks they can be handled by some restrictions on access. He\nsaid they recognize that there are police powers to the state\nthat can control that and set limits on it. SENATE COMMITTEE ON FISH AND GAME\nFebruary 16, 1999\nPAGE 19 of 21\n990216FIS_Sm1.wpdSENATOR MESAROS stated he would like a copy of the request\nsubmitted to the committee. He said there is a big difference\nbetween county roads and interstate. He said in his district\nthere is a state highway and county roads going through private\nproperty and neither which a right of way has ever been\npurchased. He said there is a lot of variation between means of\nacquiring right of ways for public roads. \nBob Lane said the question they asked was \"may a member of the\nrecreating public gain access from the right of way of a public\nroad at a bridge crossing to a stream or river between the\nordinary high water marks. He said their question was broad from\na public road which could include state roads or county roads. \nHe recognized one opinion will not solve all problems. \nClosing by Sponsor : \n{Tape : 3; Side : A; Approx. Time Counter : 0}\nSENATOR CHARLES SWYSGOOD, SD 17, Dillon , said he thinks the issue\nwas brought to the committee for a good reason. He said the\nAttorney General has had the request for 8 months and has not\nrendered a decision. He doesn't know if an answer is coming. He\nsaid he doesn't know it says anywhere that the legislature can't\nbring forth an issue to be discussed and be decided by the body\nas it relates to anything they do. He said it would be nice to\nhave an answer and that is what the bill attempts to do. He\nstated the role of the FWP is to manage wildlife and fish for the\nrecreating public and for the public well being, and to provide\nrecreation opportunities for all Montanans. He wonders if that\nmeans expanding a definition or a use, such as an easement to fit\nthat purpose, that is what the committee is going to decide. He\nsaid in most incidents there isn't much management that is a\nresponsibility of the FWP at many of the bridge sites unless it\nis a specified access site.\nHe doesn't think the committee, by passing the judicial\nauthority, is addressing the concerns that the bill brings\nforward. He commented about the question the FWP asked the\nAttorney General.\nHe said county roads are where the problem exists. He said some\nroad right of way, particularly state highways, are mostly held\nin fee title however the interest held in most road right-of-ways\nparticularly county roads are an easement, not fee title. \nHe read section 7, 142107. He said the ownership of the\neasement interest rather than the fee title limits and restricts\nappropriate use of public road right-of-ways. He commented there\nare a variety of ways in which a road can be created and to SENATE COMMITTEE ON FISH AND GAME\nFebruary 16, 1999\nPAGE 20 of 21\n990216FIS_Sm1.wpddetermine the width for any easement or fee. He referred to\nsection 1822. He commented with a road established by petition\nor grant, which most county roads are, are governed by the\ndesignated width with the petition or the grant. He said usually\nthe right of ways established by subscription are only as wide as\nthe prescriptive use that established that road. \nHe said the whole premise of the FWP's memorandum is premised\nthat the public has a Constitutional right to access. He said\nthe public doesn't have a Constitutional right to access, they\nhave a Constitutional right to use the waters. He said there is\nno guarantee exists to the access to the waters. SENATE COMMITTEE ON FISH AND GAME\nFebruary 16, 1999\nPAGE 21 of 21\n990216FIS_Sm1.wpdADJOURNMENT\nAdjournment: 6:10 P.M.\n________________________________\nSEN. KEN MESAROS, Chairman\n________________________________\nADRIENNE PILLATZKE, Secretary\nKM/AP\nEXHIBIT(fis38aad)" }

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{ "pdf_file": "PBRTEXYSUIMW5CIBMCG6PETQ5MICKEQH.pdf", "text": "Station # 023 Idaho Transportation Department County: Adams\nRoute: US-95 Hourly Traffic Volume Report District: 03\nSegment Code and Milepost: 001540 140.380 Ascending Direction: North\n4.3 Miles North of Illinois Ave (Council) March 2005\n0:00 1:00 2:00 3:00 4:00 5:00 6:00 7:00 8:00 9:00 10:00 11:00 12:00 13:00 14:00 15:00 16:00 17:00 18:00 19:00 20:00 21:00 22:00 23:00 Total\n1Tue 8 13 6 9 13 26 50 60 73 73 70 84 93 92 85 118 102 104 88 64 51 38 13 9 1342\n2Wed 13 9 10 8 17 29 53 67 61 83 70 82 100 109 112 99 121 103 66 57 37 37 25 14 1382\n3Thu 10 6 3 10 12 37 50 58 82 92 92 82 115 85 122 128 122 101 88 46 37 34 21 13 1446\n4Fri 9 10 3 12 17 27 46 61 90 101 110 118 98 119 100 133 136 144 126 91 57 51 18 24 1701\n5Sat 13 7 6 2 15 16 31 54 68 86 105 102 114 98 111 112 121 105 67 54 48 28 21 12 1396\n6Sun 10 6 8 3 2 7 18 23 55 91 92 97 144 131 121 119 121 158 85 84 55 33 18 8 1489\n7Mon 10 5 4 4 10 22 44 72 72 53 88 81 77 84 99 97 100 100 63 56 36 23 16 10 1226\n8Tue 10 8 4 10 13 25 48 72 64 68 82 87 82 82 71 94 128 99 83 57 39 29 24 6 1285\n9Wed 7 9 5 15 13 34 45 66 75 87 112 99 81 86 87 107 115 99 81 50 46 32 18 6 1375\n10Thu 8 2 8 7 10 25 56 66 98 82 100 84 101 114 110 127 131 115 86 87 56 42 23 12 1550\n11Fri 5 8 4 10 15 26 53 70 71 104 117 111 101 115 120 162 172 158 134 125 95 77 50 20 1923\n12Sat 16 13 10 5 7 14 31 47 76 83 87 96 111 118 136 123 126 111 91 62 49 36 24 15 1487\n13Sun 8 9 4 1 3 9 22 33 55 70 85 94 118 112 140 165 154 138 87 69 46 28 17 11 1478\n14Mon 9 6 4 8 14 28 33 75 78 74 82 79 99 106 119 116 94 97 71 52 38 34 21 23 1360\n15Tue 8 6 8 11 12 16 50 87 64 76 88 101 96 96 78 92 102 98 96 54 44 22 25 12 1342\n16Wed 8 2 5 9 12 33 45 63 66 72 96 91 108 103 85 109 109 108 79 54 46 35 21 6 1365\n17Thu 8 9 7 8 9 23 46 82 85 79 106 111 113 117 141 102 114 106 97 70 71 51 24 15 1594\n18Fri 10 4 7 7 11 28 44 80 85 85 127 131 97 162 140 146 145 140 126 86 70 46 41 19 1837\n19Sat 19 3 7 5 12 22 34 43 83 112 102 88 115 140 134 132 113 116 107 64 44 44 32 12 1583\n20Sun 12 8 5 3 3 16 19 22 47 73 117 152 161 168 226 211 194 157 113 70 62 30 22 7 1898\n21Mon 13 4 2 7 14 27 47 82 68 77 87 112 100 115 109 125 111 126 81 67 52 27 18 18 1489\n22Tue 3 7 2 8 4 23 45 67 90 65 82 100 90 101 101 112 92 113 101 67 43 28 29 17 1390\n23Wed 11 10 3 3 15 23 45 65 71 87 90 105 106 111 132 118 121 119 90 58 47 26 29 12 1497\n24Thu 11 4 4 12 12 24 42 84 96 67 109 119 120 115 134 116 128 141 110 86 53 56 24 22 1689\n25Fri 11 9 4 12 10 22 43 71 72 113 114 140 139 137 169 158 163 174 118 113 92 64 41 22 2011\n26Sat 16 7 7 4 9 14 24 53 96 112 129 128 139 142 135 139 140 137 89 64 48 31 25 15 1703\n27Sun 10 6 3 2 4 9 16 31 45 79 106 102 111 131 128 154 168 125 98 56 59 20 19 8 1490\n28Mon 7 7 2 6 11 24 36 63 67 79 95 97 122 119 86 103 113 107 74 46 30 33 27 5 1359\n29Tue 9 4 6 11 14 26 30 71 66 81 78 78 96 90 90 104 112 88 96 50 30 40 26 19 1315\n30Wed 10 10 4 9 10 21 38 62 83 93 100 102 110 112 136 93 121 115 82 56 31 39 20 6 1463\n31Thu 13 10 4 4 12 25 46 79 96 92 126 102 136 129 129 123 121 137 118 73 60 51 30 10 1726\n10 7 5 7 11 23 40 62 74 84 98 102 109 114 119 124 126 121 93 67 51 38 25 13 Average 1522\nAM and PM peak hours boxed.\nPage 1 Creation Date: 6/8/2005 14:35" }

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{ "pdf_file": "2544CYX3TC3T5QB2NTVXD3IUFM654GXK.pdf", "text": "Congressional RecordUNUMEPLURIBUS\nUnited States\nof America PROCEEDINGS AND DE BATES OF THE 112th CONGRESS, SECOND SESSION\nbThis symbol represents the time of day during the House proceedings, e.g., b1407 is 2:07 p.m.\nMatter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.\n.H4159 Vol. 158 WASHINGTON, THURSDAY, JUNE 28, 2012 No. 99 \nHouse of Representatives \nThe House met at 10 a.m. and was \ncalled to order by the Speaker pro tem-pore (Mr. H\nARPER ). \nf \nDESIGNATION OF SPEAKER PRO \nTEMPORE \nThe SPEAKER pro tempore laid be-\nfore the House the following commu-nication from the Speaker: \nWASHINGTON , DC, \nJune 28, 2012. \nI hereby appoint the Honorable G REGG \nHARPER to act as Speaker pro tempore on \nthis day. \nJOHNA. B OEHNER , \nSpeaker of the House of Representatives. \nf \nCOMMUNICATION FROM THE \nCLERK OF THE HOUSE \nThe SPEAKER pro tempore laid be-\nfore the House the following commu-nication from the Clerk of the House of Representatives: \nHOUSE OF REPRESENTATIVES , \nWashington, DC, June 27, 2012. \nHon. J OHNA. B OEHNER , \nThe Speaker, U.S. Capitol, House of Representa-\ntives, Washington, DC. \nDEAR MR. SPEAKER : Pursuant to the per-\nmission granted in Clause 2(h) of rule II of the Rules of the U.S. House of Representa-tives, the Clerk received the following mes-sage from the Secretary of the Senate on June 27, 2012 at 9:12 a.m.: \nThat the Senate concur in the House \namendment to the bill S. 3187. \nWith best wishes, I am \nSincerely, \nK\nAREN L. H AAS. \nf \nMORNING-HOUR DEBATE \nThe SPEAKER pro tempore. Pursu-\nant to the order of the House of Janu-ary 17, 2012, the Chair will now recog-nize Members from lists submitted by the majority and minority leaders for morning-hour debate. \nThe Chair will alternate recognition \nbetween the parties, with each party limited to 1 hour and each Member other than the majority and minority \nleaders and the minority whip limited to 5 minutes each, but in no event shall debate continue beyond 11:50 a.m. \nf \nGLOBALLY ENGAGED \nThe SPEAKER pro tempore. The \nChair recognizes the gentleman from California (Mr. D\nREIER ) for 5 minutes. \nMr. DREIER. Mr. Speaker, I know \nthat what I’m about to say may be seen as heresy by many—or at least counterintuitive—but, Mr. Speaker, this statement is based in fact: out-sourcing is not decimating our econ-omy. If we take a step back and look at the big picture, setting aside dema-goguery and knee-jerk reactions, we see that engagement with the world-wide marketplace is a positive thing for our economy and our shared quest to create good American jobs. \nBeing globally engaged takes many \nforms. It includes exporting our goods overseas. It includes imports. It in-cludes complex supply chains that allow us to maximize comparative ad-vantage and productivity on a global scale. It demands innovation, cre-ativity, and adaptability. This is all part of the dynamic worldwide market-place, and it does not constitute a zero sum game. \nIf a U.S. manufacturer can lower \ncosts by importing some of their raw materials, increasing their competi-tiveness and hiring more U.S. workers as a result, our job market improves. American workers benefit. By the same token, if a company can tap into other labor markets, becoming more com-petitive in the process and then hiring more U.S. workers as a result, we can all benefit. \nThis is not a hypothetical scenario. \nWe have the data that demonstrates the clear benefits of engaging in the worldwide marketplace. The last time the issue of outsourcing became a po-litical flash point was in 2004. We often heard this term, ‘‘Benedict Arnold \nCEOs’’ who were sending good U.S. jobs overseas. \nThe McKinsey Global Institute did an \nin-depth analysis of the effect of out-sourcing to see what impact it was ac-tually having on our economy. What they found was very interesting. They found that companies that utilize out-sourcing as a component of their busi-ness plans enjoy new export opportuni-ties, increased productivity, and sig-nificant cost savings, all of which sup-port new investment in the United States and greater job creation right here at home. Furthermore, the jobs that are created by globally engaged companies tend to be higher-skill, higher-waged jobs than those created by their nonglobally engaged counter-parts. \nMr. Speaker, the findings of the \nMcKinsey report are only buttressed by my own firsthand experience. I’ll never forget, several years ago I was in Kathmandu visiting one of those call centers. Now, many would have viewed that call center as a symbol of outsourced jobs, and yet when I looked around, I found U.S. companies right there. I’m not claiming that all of these products were manufactured right here in the United States, but many were manufactured here in this hemisphere. They had names on them like Carrier air conditioners. There was a Westinghouse refrigerator there, Dell computers, and AT&T telephones. Rather than stealing jobs from Ameri-cans and this hemisphere, this call cen-ter epitomized the very way that glob-al engagement benefits us all. \nIt is simply inaccurate to claim that \nevery job created overseas destroys a job here in the United States, and it completely misses the point. Rather than demonizing those who are trying to build competitive companies that grow our economy and create oppor-tunity for Americans, we should be looking at what we can do to attract \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4160 June 28, 2012 \ninvestment here to the United States. \nWe should be looking at what we can do to empower entrepreneurs to revi-talize our economy and restore our job market. \nMr. Speaker, attacking private enter-\nprise won’t create a single job here or elsewhere. In fact, the danger of isola-tionist, mercantilist rhetoric is that it can spawn bad policy that further sti-fles innovation and economic growth. \nIf we want to have a constructive de-\nbate that leads to policies that will en-courage growth and job creation, we need to look at the facts, and the facts are very simple. Engaging globally through exports, imports, outsourcing, in-sourcing, and all the many ways of tapping into the dynamic, competitive worldwide marketplace is the best way to get Americans back to work. \nMr. Speaker, I urge my colleagues \nnot to succumb to the politically expe-dient but economically damaging rhet-oric of isolationism. \nf \nSTOP MILITARY RAPE \nThe SPEAKER pro tempore. The \nChair recognizes the gentlewoman from California (Ms. S\nPEIER ) for 5 minutes. \nMs. SPEIER. Mr. Speaker, I rise to \nimplore this body to finally take mean-ingful action to end the epidemic of rape and sexual assault in the military. For 25 years, Congress has held dra-matic hearings on this issue. It has rocked the military branches. Com-mittee members have beat their chests and demanded answers from decorated generals and military leaders who tes-tified. Congress demanded reports. These reports were provided and are now gathering dust on shelves around Washington, D.C. \nThe time for reports is over. Now it’s \ntime for action to solve this problem. \nThe solution is to take the reporting \nand investigation of cases of rape and sexual assault out of the military chain of command and place them in a separate office independent of the chain of command with the authority to investigate and prosecute within the military. \nLast week I called for the House \nArmed Services Committee to hold a hearing on the widespread sex scandal at Lackland Air Force Base in San An-tonio, Texas. No hearing date has been set. \nThe charges of rape, assault, and sod-\nomy leveled against six instructors at Lackland are astonishing. One instruc-tor is accused of raping or assaulting 10 victims, and another confessed to hav-ing sexual relationships with another 10 victims of his own. Yesterday we learned that 12 instructors are under investigation for sexual misconduct with trainees and that a criminal in-vestigation is ongoing on four different Air Force bases now. \nLike many cases of rape and sexual \nassault, the perpetrators are not deny-ing that they engaged in sexual mis-conduct; they simply contend that the sex was consensual. It comes down to the word of the accuser and the ac-\ncused, the instructor against the train-ee. In the military, this usually means the perpetrator gets off or receives a disproportionately small punishment, and the victim endures an arduous and humiliating legal process with little sense of justice at the end. \nEvery day more disgusting news is \nunearthed about Lackland. Everyone wants to know: What is being done about it? \nThis scandal is remarkably similar to \nthe Aberdeen scandal that rocked the Army in the 1990s. Fifteen years ago, a Republican-led Senate held a hearing on a sex scandal at the Aberdeen Prov-\ning Ground in Maryland. \nb1010 \nThe Army brought charges against 12 \ninstructors for sexual assault on fe-male trainees under their command. Nearly 50 women made sexual abuse charges, including 26 rape accusations. One instructor was cleared. The re-maining 11 were either convicted at court martial or punished administra-tively. \nIn an interview about the scandal, \nthen-Assistant Secretary of Defense Kenneth Bacon said: \nThe issue here is the relationship between \na trainer and a trainee. The Army regula-tions bar intimate relationships between trainers and trainees, between drill ser-geants and trainees, because they are fraught with misuse of power, with misuse of influence, or the possibilities of misuse of power and influence. \nThis may be hard for some in the ci-\nvilian world to relate to, but it is the constant reality within our Armed Forces. It is ingrained in our military servicemen and -women to follow the orders of their chain of command and never disobey. \nHere is an except from a 1996 inter-\nview with an Army recruit who was raped by her instructor at Aberdeen. The victim, a South Carolina native who joined the Army in December of 1995 as a way to pay for college, said her instructor once ordered her to the bathroom. ‘‘A few minutes later he came in behind me, and that’s when he started to tell me to do certain things,’’ she said. ‘‘To disrobe?’’ Asked the reporter. ‘‘Mm-hmm,’’ she said. She said she never screamed, never said ‘‘no,’’ only that she was traumatized. ‘‘When you had sex in the bathroom, was it something you wanted,’’ the re-porter asked. ‘‘No,’’ Bleckley said. Nothing has changed. \nLast month in Texas, two victims \nwere asked if they resisted when their Air Force training instructor lured them into a dark supply room to have sex. ‘‘No,’’ they said. They froze. \nWhat is happening at Lackland Air \nForce Base is no different than what happened at Aberdeen Proving Ground 15 years ago. After that scandal, we heard assurances about how seriously the crimes were taken and how ‘‘we’re going to get to the bottom of this prob-lem.’’ Yet clearly the military is un-able to police itself on matters of rape and sexual assault. I called for a hearing into the \nLackland scandal because we need to know once and for all why instructors have been permitted to abuse power so freely. And we need to know from top brass that the phrase ‘‘zero tolerance for sexual assault in the military’’ is a fact, not a talking point. \nf \nRECESS \nThe SPEAKER pro tempore. Pursu-\nant to clause 12(a) of rule I, the Chair declares the House in recess until noon today. \nAccordingly (at 10 o’clock and 12 \nminutes a.m.), the House stood in re-cess. \nf \nb1200 \nAFTER RECESS \nThe recess having expired, the House \nwas called to order by the Speaker at noon. \nf \nPRAYER \nReverend Greg Lafferty, Willowdale \nChapel, Kennett Square, Pennsylvania, offered the following prayer: \nLord God, we bless You this day for \nYou are good. You make Your Sun rise on the evil and the good; You let Your rain fall on the just and the unjust. \nYou give all people everywhere life \nand breath and everything. Yet we rec-ognize that in this great Nation, we are among the most blessed. \nYou’ve granted us freedom and abun-\ndance, safety and security, the rule of law, and neighborly love. \nGuide us, Lord, that we may steward \nthese good gifts for the benefit of all. And today, Lord, grant this House of Representatives the wisdom, humility, and diligence to govern well, that in some measure good might overcome evil, beauty might outshine ugliness, and love might undo hate. And in this, Lord, may You be honored and may our Nation dwell in deeper peace and safe-ty. \nAmen. \nf \nTHE JOURNAL \nThe SPEAKER. The Chair has exam-\nined the Journal of the last day’s pro-ceedings and announces to the House his approval thereof. \nPursuant to clause 1, rule I, the Jour-\nnal stands approved. \nf \nPLEDGE OF ALLEGIANCE \nThe SPEAKER. Will the gentle-\nwoman from New York (Mrs. M ALONEY ) \ncome forward and lead the House in the Pledge of Allegiance. \nMrs. MALONEY led the Pledge of Al-\nlegiance as follows: \nI pledge allegiance to the Flag of the \nUnited States of America, and to the Repub-lic for which it stands, one nation under God, indivisible, with liberty and justice for all. \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4161 June 28, 2012 \nWELCOMING REVEREND GREG \nLAFFERTY \nThe SPEAKER. Without objection, \nthe gentleman from Pennsylvania (Mr. P\nITTS) is recognized for 1 minute. \nThere was no objection. Mr. PITTS. Mr. Speaker, it is an \nhonor today to have Greg Lafferty, senior pastor of my home church, Willowdale Chapel, open us in prayer today. \nGreg studied at Wheaton College and \nGolden Gate Baptist Theological Semi-nary. He was ordained at Saddleback Church in Mission Viejo, California, where he served as a teaching pastor under Rick Warren. \nUnder Greg, the church has grown \ndramatically. In his time as our pastor, he has made our church much more ac-tive in our community and engaged around the world. One example is the work with Hope International, touch-ing lives in the Congo through micro-enterprise development. The efforts of the church have been multiplied and improved in many ways under Greg’s leadership. He has helped our church show the love of Christ in our commu-nity in new ways and around the world. \nGreg has been married to his wife, \nDeane, for 28 years. She joins us in the balcony. They have three children to-gether: Kelsey, Krista, and Ryan. \nIt is a great honor to have Greg and \nDeane and have Greg open our Cham-ber today with the opening prayer. \nf \nANNOUNCEMENT BY THE SPEAKER \nPRO TEMPORE \nThe SPEAKER pro tempore (Mr. \nWOMACK ). The Chair will entertain 15 \nfurther requests for 1-minute speeches on each side of the aisle. \nf \nJOBS WILL BE DESTROYED \n(Mr. WILSON of South Carolina \nasked and was given permission to ad-dress the House for 1 minute and to re-vise and extend his remarks.) \nMr. WILSON of South Carolina. Mr. \nSpeaker, today’s decision by the Su-preme Court is extremely dis-appointing, undermining limited gov-ernment and expanded freedom. The decision reveals ObamaCare as a huge tax increase on middle class taxpayers, destroying jobs. We should have health care based on doctor-patient relation-ships rather than politician-patient re-lationships. \nI agree with the National Federation \nof Independent Business that 1.6 mil-lion jobs are now at risk and small businesses cannot make plans for the future, which destroys more jobs. House Republicans will continue to work to repeal the government health care takeover law. We will remain fo-cused on enacting commonsense legis-lation that will preserve the doctor-pa-tient relationship, provide every Amer-ican the access they need to health care, and promote jobs in the private sector. In conclusion, God bless our troops, \nand we will never forget September the 11th in the global war on terrorism. \nf \nHONOR THE CATHOLIC SISTERS \n(Mr. HIGGINS asked and was given \npermission to address the House for 1 minute and to revise and extend his re-marks.) \nMr. HIGGINS. Mr. Speaker, I re-\ncently added my name to a resolution introduced by Representative R\nOSA \nDELAURO to honor the Catholic sisters \nfor their contributions to this country and to my community. \nI grew up in the shadows of the \nMercy Convent of south Buffalo, New York. The sisters came to Buffalo in 1858, started hospitals to heal the sick, schools to teach the ignorant, and to help all of us see the gifts of God’s presence in a changing world. \nThe sisters take a vow of poverty and \nobedience to serve God and God’s peo-ple, particularly women and children. \nThe Vatican says that the sisters are \nfailing to uphold the Catholic doctrine and appointed three bishops to rein them in. The sisters reject the Vati-can’s assessment of their life work and vow to fight. \nIn scripture, Jesus says: ‘‘Whatever \nyou do to the least of my brothers and sisters, you do for me.’’ The sisters are doing God’s work with courage, convic-tion, and selflessness. \nMay God’s guiding wisdom continue \nto inspire their good works. \nf \nWALTER ZABEL \n(Mr. ISSA asked and was given per-\nmission to address the House for 1 minute and to revise and extend his re-marks.) \nMr. ISSA. Mr. Speaker, today many \nwill address the House here and later in the day on subjects of great current importance, certainly the upholding of the President’s health care initiative and, certainly, in fact, the contempt vote we’re going to hear in a few min-utes. \nBut this moment belongs to the peo-\nple of San Diego. Walter Zabel died this week at 97. Normally, when some-one dies at 97, they have long since re-tired. He, on the other hand, was still the inspiration for Cubic Corporation, a company he founded that did so much for our national defense over his 50- plus years at its helm. We cannot for-get he was in the office less than a week ago. He was still providing stew-ardship, still receiving the technical benefits of his engineers, and still mak-ing sure that America was safe. \nToday in San Diego is Walter Zabel \nDay. It is not a day for the other dis-cussions of the House. \nf \nPOLITICAL SIDESHOW \n(Ms. CHU asked and was given per-\nmission to address the House for 1 minute.) Ms. CHU. If you want proof that Con-\ngress is dysfunctional, that it is put-ting partisanship ahead of all else, look no further than today’s vote to hold Attorney General Holder in contempt. \nIn office, Holder has tirelessly pur-\nsued justice for all communities. He has helped prevent mortgage fraud, fought gang violence, protected intel-lectual property rights, and worked to ensure every American has the right to vote. We should let the Attorney Gen-eral enforce our Nation’s laws, not make his job harder. \nThe contempt vote against Holder is \nunprecedented, unjustified, and un-founded. Never in the 223-year history of the House have we held an Attorney General in contempt. Yet, today, we will do just that in this ridiculous par-tisan stunt. \nCongress should be creating jobs, not \nwasting taxpayer money putting on a political sideshow during an election year. \nf \nCONGRATULATING EDNA YODER \nON HER 101ST BIRTHDAY \n(Mr. YODER asked and was given \npermission to address the House for 1 minute and to revise and extend his re-marks.) \nMr. YODER. Mr. Speaker, I rise \ntoday to take a special moment to rec-ognize the birthday of a very special American. Today marks the 101st birthday of my grandmother, Edna Yoder. \nBorn in 1911, my grandmother was \nraised on a Kansas farm with her many brothers and sisters. Work was hard, and she did her part to raise livestock, grow wheat, and help feed America. \nI take great pride in my grandmother \nand those in her generation. Hard work, determination, a focus on fam-ily, and deep religious conviction were the values that she and others upheld as they worked to build the most pros-perous Nation the world has ever seen. \nToday on her birthday, my grand-\nmother is a vibrant and healthy 101- year-old. She has an infectious laugh, a cheery disposition, and is kind to ev-eryone she meets. Her love of quilting, the ‘‘Lawrence Welk Show,’’ and, of course, board games and bingo keep her time occupied and keep her young at heart. \nGrandma, you are an inspiration, and \nwe are proud today to congratulate you on the celebration of your 101st birth-day. \nf \nb1210 \nKITTINGER FURNITURE \n(Ms. HOCHUL asked and was given \npermission to address the House for 1 minute and to revise and extend her re-marks.) \nMs. HOCHUL. Mr. Speaker, last Octo-\nber, I stood here and spoke out against the new free trade agreements that would have continued to add to the damage done to the manufacturers in \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4162 June 28, 2012 \nmy district that was done by NAFTA a \ndecade ago. I mentioned a woman I had met at the Buffalo Airport who, after 23 years working in a textile factory, was now selling energy drinks because her jobs had been shipped south and then overseas. \nThat’s why I am fighting for policies \nthat support making it in America. And that is why I am so proud that a company—Kittinger Furniture, a com-pany that makes furniture that’s found today in the White House—is being rec-ognized by the 2012 Best: Made in America Award in recognition to their strong commitment to American man-ufacturing. \nThis Congress must work together to \nlevel the playing field for domestic businesses like Kittinger Furniture against unfair competition, particu-larly from China. The American Gov-ernment and American consumers must commit to buying American so we can have more success stories like Kittinger’s. \nf \nWINDMILL OF WILLFUL WASTE \n(Mr. POE of Texas asked and was \ngiven permission to address the House for 1 minute and to revise and extend his remarks.) \nMr. POE of Texas. Mr. Speaker, Sec-\nretary Clinton is giving away $2 billion of taxpayer money for green energy de-velopment in third-world countries. This isn’t money for vaccines. This isn’t money for clean water. This isn’t money to help child hunger. This is money for green energy. \nDon’t we need to make sure that peo-\nple have electricity before we worry about what kind of light bulb they are using? People are starving, being ran-sacked by terrorists, taken away as child soldiers, and dying of preventible diseases like diarrhea. So our govern-ment decided the best use of taxpayer money was to put billions in those countries for green energy. \nOur government wasted millions of \ntaxpayer dollars on phony loans for green energy right here in the United States to companies like Solyndra. Congress didn’t even approve this $2 billion giveaway. \nWith all the problems of debt in the \nUnited States and disease in other countries, government is providing subsidies for green energy. Who would have thought? The government is out of control. More taxpayer money thrown into the windmill of willful waste. \nAnd that’s just the way it is. \nf \nTHE SUPREME COURT RULING \n(Mr. GENE GREEN of Texas asked \nand was given permission to address the House for 1 minute and to revise and extend his remarks.) \nMr. GENE GREEN of Texas. Mr. \nSpeaker, I want to say that I’m proud of the decision of the United States Su-preme Court today. I was proud to serve on the Energy and Commerce Committee that actually drafted this \nbill. I read it many times, and I actu-ally had a lot of amendments. \nThe Affordable Care Act has already \nbenefited millions of Americans and will continue to help those who are in the greatest of need—children, young adults, people with preexisting condi-tions, and our seniors. In my own con-gressional district in Texas, this is par-ticularly important because we have one of the highest rates of uninsured individuals in the country. \nOur Constitution gives the U.S. Su-\npreme Court the job to be the decider on what is constitutional. The Afford-able Care Act is constitutional. Just like Social Security and Medicare, now it’s the law of this great Nation. \nf \nTODAY IS A GREAT DAY \n(Mr. COHEN asked and was given per-\nmission to address the House for 1 minute and to revise and extend his re-marks.) \nMr. COHEN. Mr. Speaker, today is a \ngreat day. It’s a great day for children who want to stay on their parents’ health insurance until they’re 26—or parents who want their children on their health insurance until they’re 26. It’s a great day for seniors that are concerned about the doughnut hole, for women who have been discriminated against in health care, for all people who don’t want to have copays for pre-ventative care. It’s a great day for peo-ple who don’t want lifetime caps on their insurance or to be denied because of preexisting conditions. And it’s a great day for America because the rule of law has been upheld. \nJustice Roberts rightfully ruled that \nthis was appropriate and constitu-tional. Let us not forget Justices Gins-burg and Sotomayor and Kagan and Breyer, the five Justices who upheld the Supreme Court belief that the American people have that it is a rule of law and that the Court is not polit-ical. \nIt was a great day for American \nhealth care and for American law and jurisprudence. \nf \nTODAY’S VICTORY \n(Mrs. MALONEY asked and was given \npermission to address the House for 1 minute.) \nMrs. MALONEY. Mr. Speaker, today \nis not a victory for one party or an-other. It is not a victory for an ide-ology. It is a victory for the American people and for the millions who had, for years, gone without access to qual-ity health care. It is a victory for women who will no longer be discrimi-nated against in their insurance pre-miums and for preexisting conditions and for women and children and seniors and families. \nThis is a great day for our country, \nas we finally join the community of economically advanced nations that see to it that all their citizens have ac-cess to quality care. Let’s get on with the unfinished busi-\nness of helping create more jobs and putting a Nation of healthy Americans back to work. \nf \nA TRIBUTE TO DR. WENDY WAYNE \n(Mr. COSTA asked and was given per-\nmission to address the House for 1 minute and to revise and extend his re-marks.) \nMr. COSTA. Mr. Speaker, I rise today \nto pay tribute to the life of Dr. Wendy Wayne, who passed away on June 17, 2012, at the age of 64 after fighting a courageous 4-year battle with non- Hodgkin’s lymphoma. \nWendy was a loving wife and mother, \na committed activist and respected community leader who touched the lives of many. Wendy led a courageous and energetic life filled with love and adventure. She joined the Peace Corps at an early age and served in Kenya. As a seasoned traveler, Wendy swam the \nEarth’s five oceans. \nHer work as an educator, a nurse, and \na community leader demonstrated her dedication to fostering and preserving and improving the health and safety of children throughout the world. And her compassion and concern for the com-munity also served as a testament to her extraordinary character. \nWendy Wayne’s unwavering loyalty \nto Kern County and her commitment to the well-being of future generations will ensure that her legacy will live on. She stands as a role model for her fam-ily, her friends, and all that knew and worked with her. \nAnd we will all miss her. I will miss \nmy dear friend Wendy Wayne. \nf \nIN OPPOSITION TO THE ATTORNEY \nGENERAL CONTEMPT VOTE \n(Ms. FUDGE asked and was given \npermission to address the House for 1 minute and to revise and extend her re-marks.) \nMs. FUDGE. Mr. Chairman, today I \nrise to speak in opposition to the House resolution to hold Attorney Gen-eral Eric Holder in contempt of Con-gress. \nWith total disregard of the fact that \nthe Attorney General and the Depart-ment of Justice have cooperated with each inquiry from the House Oversight and Government Reform Committee during the last 15 months, Chairman I\nSSA decided to pursue this extreme \nand unprecedented action. \nTo take action on this resolution is a \ngross misuse of this Chamber’s time and energy, given that the information requested by Chairman I\nSSAwill shed \nno light on the person or persons re-sponsible for the death of Agent Brian Terry, and that is where our time and energy should be focused. \nInstead of wasting the time of the \ncommittee, the Department of Justice, and the American people with political distractions, the House should be ad-dressing the issues important to the welfare of this country and its people, and that is jobs. \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4163 June 28, 2012 \nTHERE HAS NOT BEEN FULL \nCOMPLIANCE \n(Mr. CHAFFETZ asked and was given \npermission to address the House for 1 minute and to revise and extend his re-marks.) \nMr. CHAFFETZ. Mr. Speaker, despite \nwhat has been said here, it is the duty and obligation of this body to address a duly issued subpoena that has not been complied with. There has not been full compliance here. There has not been cooperation here. There has not been a willingness to share the information that is found within the Department of Justice. \nWe have a dead Border Patrol agent. \nWe have more than 200 weapons that were used to kill people in Mexico. We have thousands of missing weapons. We have an Attorney General who said that this Fast and Furious program was fundamentally flawed. And yet here we stand today after doing more than just bending over backwards for more than a year, not having been given the documents that we need, as a body, to make a proper decision. \nThis should be bipartisan in our \nquest to right a wrong. It’s not about Eric Holder, but it is about the Depart-ment of Justice and it is about justice in the United States of America. I am proud of the fact that we are bringing up this contempt. \nIt’s sad that we got to this day. We \nhave no other choice. But we, as a body, as an institution, as a separate branch of government, have a duty and an obligation, and we are fulfilling that here today. \nf \nWHAT CHANGES HAVE REALLY \nOCCURRED? \n(Ms. RICHARDSON asked and was \ngiven permission to address the House for 1 minute and to revise and extend her remarks.) \nMs. RICHARDSON. Mr. Chairman, I \ncome here today because when I was 6 years old, in 1968, I saw the hate-filled work of the civil rights movement, of laws that needed to be changed. And now I’m here with an opportunity to be here in Congress, and I kind of wonder what changes have really occurred. \nI see today that Chief Justice Rob-\nerts stood, and he did the right thing because he ruled on behalf of the Amer-ican people. And I will say that this motion that’s going to come forward will not have bipartisan support of this Member because it’s not done in a bi-partisan manner. It’s done in a hateful manner. \nAnd why? Because we have an Attorney Gen-\neral where this has never been done— we need to stress that again—never been done in this Congress, where ma-terials have been provided, and where this committee has failed to accept a single witness requested by the other side. That’s not bipartisanship. That’s politics at its worst. \nI urge the American people to look \nand to urge us to get back to work and do what you sent us here to do, which \nis to take care of you. \nf \nb1220 \nWHAT PERCENTAGE OF THE \nTRUTH? \n(Mr. GOWDY asked and was given \npermission to address the House for 1 minute.) \nMr. GOWDY. Mr. Speaker, my ques-\ntion is simply this: What percentage of the truth do you want? When we’re asked to negotiate; when the Attorney General comes and asks us for an ex-traordinary accommodation, whatever that means; when we’re asked to com-promise; my question for our col-leagues on the other side of the aisle, Mr. Speaker, is this: What percentage of the truth will you settle for? If you have ever sat on the other side of the table from parents who have lost a loved one, is 50 percent enough? Is that enough of the documents? Seventy-five percent? A third? \nThe truth, the whole truth, so help \nme God—that is what we ask witnesses to do, jurors to do, and that’s not too much for us to ask for the Attorney General of the United States of Amer-ica to do. \nf \nHEALTH CARE \n(Mr. LARSEN of Washington asked \nand was given permission to address the House for 1 minute and to revise and extend his remarks.) \nMr. LARSEN of Washington. Mr. \nSpeaker, I rise today to declare that the Supreme Court ruling on the Af-fordable Care Act affirms there’s no going back to the health care of 2009 or even to the health care of 1789. Im-provements to health care are taking root right now in this country. That progress must continue. The Supreme Court decision today is a welcome vic-tory for middle class families and bol-sters the necessary changes taking place in health care today. \nNow we must keep Medicare sustain-\nable and affordable by closing the pre-scription drug doughnut hole and cracking down on fraud. Now we must make sure middle class families have diverse options for high-quality, afford-able health care. Now we must ensure that we meet the needs of northwest Washington State seniors, veterans, and families. Northwest Washington has already seen improvement. Seniors in the Second District who were in the doughnut hole have saved more than $800 on prescription medications so far this year. More than 173,000 people in northwest Washington State have health insurance that covers preven-tive care without copays or deductibles. \nIt is time to move forward on health \ncare. And today, America took a great step. AFFORDABLE CARE ACT DECISION \n(Mr. BUTTERFIELD asked and was \ngiven permission to address the House for 1 minute.) \nMr. BUTTERFIELD. Mr. Speaker, as \na former judge of the North Carolina State Supreme Court, I’ve come to the well today to applaud the United States Supreme Court for its courage and for ruling on the side of constitu-tionality of the Affordable Care Act. This is a win, Mr. Speaker, for 48 mil-\nlion Americans, Democrats and Repub-licans alike, who will receive stable, secure, and affordable health coverage forever. \nI believe that much of the public con-\nfusion surrounding the bill was because Americans outside of the Washington Beltway simply did not understand what the Affordable Care Act means for them. So to put it plainly, Ameri-cans can now enjoy coverage without worry or jeopardy, regardless of pre-existing conditions. Uninsured young people up to age 26 will be able to re-ceive coverage. If you become gravely ill, there are no limits on your bene-fits. If you are a woman, you can’t be charged higher premiums. If you need preventive care, you won’t have a copay or deductible. If you lose your job, you won’t lose your coverage. And if your employer doesn’t provide cov-erage, you will be able to buy it at af-fordable prices. \nThe political theater Republicans or-\nchestrated around health care is over. Congress debated, the Court decided. This is done. \nf \nWE DESERVE TO KNOW WHAT \nHAPPENED \n(Mrs. ADAMS asked and was given \npermission to address the House for 1 minute.) \nMrs. ADAMS. Mr. Speaker, I rise \ntoday not only as a congressional Member but also a widow of a law en-forcement officer who lost his life in the line of duty. I rise to speak on be-half of all those families that have lost a loved one in the line of duty, and es-pecially for Brian Terry and his family. The Terry family deserves to know what happened. The American people deserve to know what happened. And Congress deserves to know what hap-pened. But let us not forget, Officer Terry’s family deserves to know what happened. \nI stand here on behalf of all of those \nfamilies who have lost law enforcement officers throughout our great Nation in the line of duty. We must not waiver. We, as a Congress, need to find out what happened so it never happens again. And that’s something that we never should lose sight of. We need to make sure that whatever took place, it doesn’t happen again. We should not be losing our officers this way. \nf \nHEALTH CARE VICTORY \n(Mr. PALLONE asked and was given \npermission to address the House for 1 minute.) \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4164 June 28, 2012 \nMr. PALLONE. Mr. Speaker, today is \na great day for the American people. The Supreme Court’s decision to up-hold the Affordable Care Act reaffirms our Nation’s commitment to make sure that all Americans have access to qual-ity, affordable health care and health insurance. For the millions of Ameri-cans who have gone without health in-surance; the seniors who have strug-gled due to inadequate coverage; the women, children, and young adults that have been denied coverage for pre-existing conditions, the Court’s ruling is not only a victory but a validation that they deserve to have the most basic of human needs met—and that is access to health care. \nThe ACA addressed so many gaps in \nthe American health care system, from closing the Medicare part D doughnut hole to stopping the practice of deny-ing those with preexisting conditions insurance coverage to claiming wom-anhood as a preexisting health condi-tion to allowing young adults to stay on their parents’ coverage. \nThis law has changed the way our \ncountry manages and delivers all phases of our health care system, and I’m proud to have been part of its cre-ation, and prouder still today to learn that the Court’s decision was to uphold its constitutionality. \nf \nHEALTH CARE WIN-WIN \n(Mr. FARR asked and was given per-\nmission to address the House for 1 minute and to revise and extend his re-marks.) \nMr. FARR. I rise today because I \nthink everybody in this country is al-ways worried about health care and whether they’re going to be able to have access to it, whether they can af-ford insurance, whether the complica-tions of that insurance will knock them off health care by putting caps on it or saying you have a preexisting con-dition. But those worries are over. America has health safety now. Every-body in this country will be able to have access to health care. The Su-preme Court made the decision that no one without health care cannot be treated. \nSo I think it’s a really happy day. \nThere’s going to be a lot of discussions here about pros and cons on how it’s all worked out, but each individual, I think, will be able to decide: I can go to a doctor and I can get the kind of care that I need, and it’s going to get paid for so doctors and hospitals will make it. That’s the bottom line. \nI left my office this morning, and one \nof my interns is 25 years old, and she says, I’ve got health care insurance be-cause of the law you passed. Until I’m 26, I can stay on my parents’ health care insurance, and I otherwise would have none. Because she’s already grad-uated from college. \nSo this is a win-win for everyone. It’s \na great day for America. RELATING TO CONSIDERATION OF \nHOUSE REPORT 112–546 AND AC-COMPANYING RESOLUTION, AND PROVIDING FOR CONSIDERATION OF HOUSE RESOLUTION 706, AU-THORIZING COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM TO INITIATE OR INTER-VENE IN JUDICIAL PROCEEDINGS TO ENFORCE CERTAIN SUB-POENAS \nMr. NUGENT. Mr. Speaker, by direc-\ntion of the Committee on Rules, I call up House Resolution 708 and ask for its immediate consideration. \nThe Clerk read the resolution, as fol-\nlows: \nH. R ES. 708 \nResolved, That if House Report 112-546 is \ncalled up by direction of the Committee on Oversight and Government Reform: (a) all points of order against the report are waived and the report shall be considered as read; and \n(b)(1) an accompanying resolution offered \nby direction of the Committee on Oversight and Government Reform shall be considered as read and shall not be subject to a point of order; and \n(2) the previous question shall be consid-\nered as ordered on such resolution to adop-tion without intervening motion or demand for division of the question except: (i) 50 \nminutes of debate equally divided and con-trolled by the chair and ranking minority member of the Committee on Oversight and Government Reform or their respective des-ignees; (ii) after conclusion of debate one motion to refer if offered by Representative Dingell of Michigan or his designee which shall be separately debatable for 10 minutes equally divided and controlled by the pro-ponent and an opponent; and (iii) one motion to recommit with or without instructions. The Chair may reduce the minimum time for electronic voting on the question of adoption of the motion to recommit as though pursu-ant to clause 9 of rule XX. \nS\nEC. 2. Upon adoption of this resolution it \nshall be in order without intervention of any point of order to consider in the House the resolution (H. Res. 706) authorizing the Com-mittee on Oversight and Government Reform to initiate or intervene in judicial pro-ceedings to enforce certain subpoenas. The resolution shall be considered as read. The previous question shall be considered as or-dered on the resolution to adoption without intervening motion or demand for division of the question except: (1) 20 minutes of debate equally divided and controlled by the Major-ity Leader and the Minority Leader or their respective designees; and (2) one motion to recommit. \nThe SPEAKER pro tempore. The gen-\ntleman from Florida is recognized for 1 hour. \nb1230 \nMr. NUGENT. Mr. Speaker, for the \npurpose of debate only, I yield the cus-tomary 30 minutes to the gentleman from Massachusetts, my colleague on the Rules Committee, Mr. M\nCGOVERN , \npending which I yield myself such time as I may consume. During consider-ation of this resolution, all time yield-ed is for the purpose of debate only. \nGENERAL LEAVE \nMr. NUGENT. Mr. Speaker, I ask \nunanimous consent that all Members have 5 legislative days in which to re-vise and extend their remarks. The SPEAKER pro tempore. Is there \nobjection to the request of the gen-tleman from Florida? \nThere was no objection. Mr. NUGENT. Mr. Speaker, I rise \ntoday in support of this rule and the underlying resolution it brings to the House floor. \nThe rule provides for consideration of \ntwo contempt of Congress charges laid against Attorney General Eric Holder. You’re going to hear a lot of folks say how historic today is. That ‘‘historic- ness’’ is why the rule provides for de-bate and separate votes on both con-tempt charges. The rule also provides for a motion to refer the criminal con-tempt charges, if offered by Mr. D\nIN-\nGELL , as well as motions to recommit \nboth resolutions. \nI don’t assume to put words in his \nmouth, but I’m sure and I’m willing to bet that Mr. M\nCGOVERN is sitting over \nthere getting ready to tell me it’s not enough time. I’m not going to disagree. \nBut as we all know, before we leave \nFriday evening to go to work in our districts, we have a lot to get done here. We need to reauthorize our Na-tion’s highway and infrastructure sys-tems. We need to save college students and recent graduates from student loan interest rates that are 2 days away from doubling. We need to move for-ward with the open amendment process and finish considering the appropria-tions bill to fund our transportation and housing programs. It’s a lot to get done in 2 days. And, frankly, if we didn’t put a time limit on today’s con-tempt debate, we could spend days on end talking about nothing but this one issue. \nBut beyond all of that—beyond floor \nschedules and expiring authorizations, we’re left with this truth: Border Pa-trol Agent Brian Terry was shot on De-cember 14, 2010, and died of those inju-ries the next day. His family has been looking for answers about what led up to and caused his death for over a year and a half. If we can do anything to an-swer those questions, then we cannot and should not do anything to make them wait any longer—not another month, not another day, not another hour. Today, the House of Representa-tives is going to do what we can to get those answers for the Terry family. \nThanks to whistleblowers at the Bu-\nreau of Alcohol, Tobacco, Firearms and Explosives, Members of Congress were alerted to the fact that Agent Terry was killed by guns—AK–47 assault ri-fles, specifically—that our government allowed to walk into Mexico. When confronted with these claims, the Jus-tice Department denied the whistle-blowers’ claims. What we now know all too well is just how right the whistle-blowers were. However, it took the De-partment of Justice 10 months after their first denial, almost a year after Border Patrol Agent Terry’s death, to formally retract their denial about the reckless program that contributed to the deaths of Agent Terry and hun-dreds of Mexican citizens. \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4165 June 28, 2012 \nYou know, I was a cop for almost 40 \nyears and a sheriff for the last 10. As the head of a law enforcement agency, you have two options when you make a mistake: you can hope it doesn’t come out, and if it does, you go into lockdown and deny, deny, deny; or you can get out in front of it, admit you made a mistake, tell the American peo-ple you’re going to investigate, and then do everything you can to make sure that this never happens again. \nAs sheriff, I found it was my moral \nimperative to always admit when we’d been wrong, hold folks accountable, and make my agency better so we wouldn’t make the same mistake twice. It’s the responsible thing to do, and it takes away any sting of the pos-sibility of a coverup. \nThat’s not what DOJ did. They’ve \ngone the other route—hide, deny, and stonewall. \nThey sent a letter with false informa-\ntion to Congress, the institution that’s constitutionally mandated with gov-ernment oversight, and it took them 10 months to retract that statement. It appears that in those 10 months be-tween lying and admitting the truth, members of DOJ and the ATF colluded to intentionally cover up what hap-pened. What we’re trying to figure out is if there really was a coverup, and we need the information to determine the facts. \nYesterday at the Rules Committee, a \ncouple of people mentioned President Nixon and Watergate. And I agree, this is like the Watergate scandal. But President Nixon didn’t leave office be-cause of the scandal itself; he was forced to resign because of the coverup. \nI said it last night and I’m willing to \nbet, Attorney General Holder didn’t know all the specifics about what was happening with Fast and Furious, but when the facts started coming to light and congressional investigators started looking for answers, he repeatedly kept us from getting information we need. And that has kept the Terry family from getting the closure they need. \nAttorney General Holder is respon-\nsible for his agency, but he has essen-tially given his top leadership a free pass. \nMr. Speaker, a law enforcement offi-\ncer who was employed by the United States Federal Government is dead. Somebody knows what happened to re-sult in his death, and the Justice De-partment and now President Obama are refusing to release that informa-tion to Congress, to the American pub-lic, and to Agent Terry’s family. \nThis institution has a duty to oversee \nthe executive branch and to find out what happened. The answers are there. Attorney General Holder knows the an-swers are there because he’s the one who has the documents that contain the answers we’re looking for. He’s the gatekeeper here, and if he won’t give us the information this institution needs \nto do our duty, our constitutional duty, then we will use every legal and constitutional tool that we have to get to it. I’ve heard some people say this is all \nabout politics. In my heart, it’s just the opposite. It couldn’t be further from the truth. These contempt charges aren’t about politics. They aren’t about Attorney General Holder, President Obama, or anything else but this: a man died serving his country, and we have a right to know what the Federal Government’s hand was in that. \nIt’s clear this country somehow \nplayed a role in his death. We need to root it out, find the cause, and make sure this never, ever happens again. These votes today aren’t about poli-tics; they are about answers that, at the very least, this country owes Agent Terry and his family. \nPresident Obama promised his would \nbe the most open administration in his-tory. When discussing executive privi-lege in the past, Attorney General Holder has made it clear that the DOJ won’t invoke the State secrets privi-lege to conceal ‘‘violations of the law’’ or ‘‘administrative error,’’ avoid ‘‘em-barrassment,’’ or to ‘‘prevent or delay the release of information.’’ \nUnfortunately, that is exactly what \nhas happened so far with Fast and Fu-rious. It is for this reason why the House today sees no other choice other than to charge Attorney General Eric Holder with both civil and criminal contempt of Congress charges. \nI’m going to support both of these \nresolutions, Mr. Speaker, not because it’s the political thing to do, not be-cause it’s the easy thing to do, but be-cause it’s the right thing to do. \nAnd with that, I reserve the balance \nof my time. \nMr. M\nCGOVERN. Mr. Speaker, I want \nto thank my friend, the gentleman from Florida (Mr. N\nUGENT ), for yielding \nme the customary 30 minutes, and I yield myself such time as I may con-sume. \n(Mr. M\nCGOVERN asked and was \ngiven permission to revise and extend his remarks.) \nMr. M\nCGOVERN. Mr. Speaker, this is \na sad and deeply troubling day for this House of Representatives. The Repub-lican leadership of this body is asking us to take the unprecedented and un-justified step of holding a sitting At-torney General in contempt of Con-gress. \nb1240 \nThey are doing so based on a com-\npletely partisan ‘‘investigation.’’ \nThis is a witch hunt, pure and sim-\nple, Mr. Speaker, and it has no place in this House. Eric Holder is a good and decent and honorable public servant. He has reinvigorated the Justice De-partment, especially on efforts to stop partisan voter suppression across the country. \nI find it interesting that the Repub-\nlican leadership has scheduled this nonsense for the floor today when it is certain to be buried under the ava-lanche of news and reaction to the Su-preme Court’s health care decision and the highway bill and the student loan \nbill and everything else. Is it possible that the Republican leadership doesn’t really want the American people seeing \nwhat the House is doing today? Why else would they feel the need to rush this to the floor a mere week after the House Oversight Committee voted along strictly partisan lines to adopt the Republican contempt citation? \nLet me say at the outset that there \nare certain things that all of us, Demo-crats and Republicans alike, agree on. We all agree that the death of Agent Terry was a terrible tragedy. We all agree that the ATF field office’s em-brace of gunwalking—which began under the Bush administration, by the way—was a terrible idea. We all agree that the ATF should not have sent an erroneous letter to Senator G\nRASSLEY \nin 2011. But the contempt resolution before us doesn’t have anything to do with any of that. \nThe Department of Justice has pro-\nvided thousands and thousands of docu-ments about gunwalking. The Attorney General has testified nine times. The Department has provided over 1,000 pages of documents about the letter sent to Senator G\nRASSLEY . So this isn’t \nabout getting to the truth; this is about politics. It is about politics. This is about the Republicans refusing to take ‘‘yes’’ for an answer. This is about doing whatever it takes to attack the Obama administration no matter the issue, no matter the cost. \nDuring the committee’s ‘‘investiga-\ntion,’’ the Republican majority refused all Democratic requests for witnesses and hearings, as well as requests to interview any Bush administration ap-pointees. All of them were denied. \nThe Republicans refused Democratic \nrequests to hold a hearing with Ken Melson, the head of ATF. You know, if you’re actually interested in learning about an ATF operation, don’t you think you would want to talk to the leadership of the ATF? \nRepublicans refused Democratic re-\nquests to hold a hearing with former Attorney General Mukasey, who was briefed on botched ATF operations in 2007. If you’re actually interested in learning about these botched oper-ations, wouldn’t you want to talk to the man who was briefed about them? \nI would hope that we would all agree \nthat we should never take a step like finding a sitting Attorney General in contempt lightly, and that we should only do so based on accurate informa-tion. But Ranking Member C\nUMMINGS \nand his staff have found, in a very short time, 100 concerns, omissions, and inaccuracies in the committee re-port that is the foundation of this con-tempt resolution—100 inaccuracies and omissions and concerns. Sadly, instead of getting answers to those questions, this has been rushed to the floor. \nMr. Speaker, the American people ex-\npect us to address the issues that mat-ter most to them—issues like jobs and the economy and education and health care—but the Republican majority re-fuses to listen. Instead, they bring this \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4166 June 28, 2012 \nresolution to the floor, and then they \nwonder why Congress is so unpopular. \nWhat troubles me most, perhaps, is \nthat under this Republican majority, everything has to be a fight—every-thing. Everything has to be a con-frontation, everything has to be a showdown. And I get the politics. I un-derstand this is an election year. But this goes way, way too far. It is just wrong. \nI wish the Speaker of the House \nwould have intervened here and kept this off the floor. By moving forward today on this resolution, we diminish the House of Representatives. This is not a happy day for this institution. \nI urge my colleagues to reject this \nrule and the underlying resolutions, and I reserve the balance of my time. \nMr. NUGENT. Mr. Speaker, the gen-\ntleman from Massachusetts made a statement. This is about a contempt ci-tation because the Attorney General has not provided all the information the committee has asked for. Out of 140,000 pages—by his own testimony in front of Judiciary—he’s given a little over 7,000 pages. That’s not reaching out and doing the right thing. \nMr. Speaker, I yield 2 minutes to the \ngentleman from South Carolina (Mr. S\nCOTT), a fellow Rules Committee \nmember. \nMr. SCOTT of South Carolina. I \nthank the gentleman for the time. \nMr. Speaker, it seems to me that my \nfriends on the left need some clarifica-tion on why we are here this afternoon. This is not a good day for America, and it is certainly still not a good day for the Terry family. \nMy friends on the left continue to \ntalk about this as if it were a witch hunt—a witch hunt. We have a slain Border Patrol agent, and my friends on the left want to politicize this by talk-ing about a witch hunt when in fact we all know that this, Mr. Speaker, is about justice. This is about justice. \nMy friend on the left just said that \nwe Republicans refuse to hear ‘‘yes,’’ we refuse to accept ‘‘yes’’ as an answer. Well, Mr. Speaker, we want a ‘‘yes’’ for Kent Terry, we want a ‘‘yes’’ for Jose-phine Terry, the parents of Brian Terry. We want a ‘‘yes’’ for the Amer-ican people. We want a ‘‘yes’’ as it re-lates to the integrity of the process, and we want a ‘‘yes’’ for justice. And, Mr. Speaker, my friends on the left continue to consistently say ‘‘no.’’ \nWe are here, Mr. Speaker, for only \ntwo reasons. The first is because United States Border Patrol Agent Brian Terry is dead because of a Fed-eral Government operation that al-lowed American guns to be walked across the border in the hands of drug lords and cartels. We are here today, Mr. Speaker, because the Department of Justice; the Attorney General, Eric Holder; and now the President refuse to comply with congressional subpoenas that will give us clarity on these ques-tions, give us clear answers for the Terry family and for the American peo-ple. The SPEAKER pro tempore. The \ntime of the gentleman has expired. \nMr. NUGENT. I yield the gentleman \nan additional 1 minute. \nMr. SCOTT of South Carolina. We \nhave been trying for 18 long months to get to the bottom of this issue, and yet we are being stonewalled. \nYes, we hear that the Federal Gov-\nernment has provided 7,000-plus pages; but, Mr. Speaker, there are over 100,000 pages that we have requested. We are talking about a period from February 4, 2011, to December 2011, where we were given false information. It is our responsibility, it is our duty to find the truth for the American people and the Terry family. \nLet me close, Mr. Speaker, by simply \nsaying, how are we supposed to protect and ensure the safety of our Border Pa-trol agents in the future if we do not know who allowed the guns to walk across the border? How are we supposed to give Brian Terry’s family any sense of closure, Mr. Speaker? This is why we have no choice but to be here today. The refusal of the Attorney General to provide answers regarding Brian Ter-ry’s death leaves us no choice but to be here today. \nMr. M\nCGOVERN. Mr. Speaker, let me \nyield myself such time as I may con-sume before I yield to the gentleman from North Carolina. \nMr. Speaker, the last time Congress \ndealt with a contempt resolution was in the case of Joshua Bolton and Har-riet Miers. The period of time between when the committee voted out the res-olution and before there was floor ac-tion was 6 months. The reason why there was time taken was to make sure that we got it right. \nThis is less than a week. And I’m \ngoing to say to my friends on the other side of the aisle that the minority staff has compiled a list of 100 inaccura-cies—100 inaccuracies in the report that was the basis for this contempt resolution—100—and they’re rushing it to the floor. So don’t tell me this is not about politics. Don’t tell me this is not a witch hunt. It is exactly what it is. \nMr. Speaker, I’d like to yield 2 min-\nutes to the gentleman from North Carolina (Mr. B\nUTTERFIELD ). \nMr. BUTTERFIELD. The gentleman \nfrom Massachusetts is absolutely cor-rect, this is a sad and troubling day. \nWhat we see here today, Mr. Speaker, \nis nothing more than using the Halls of Congress for extreme partisan political purposes. \nb1250 \nThis case is all about a politically \nmotivated confrontation with the exec-utive branch on a matter that does not even begin to rise to this level. \nThis case is not about gunwalking. \nThose documents have been provided and are not in dispute. The documents at issue are completely unrelated to how gunwalking was initiated in Oper-ation Fast and Furious. The Depart-ment has produced thousands of pages of documents. The committee has interviewed two dozen officials, and the \nAttorney General has testified on nine occasions. \nThis is an election-year witch hunt. I \nsay that to the gentleman from South Carolina. This is an election-year witch hunt. During this 16-month investiga-tion, the committee refused all Demo-cratic requests for witnesses and hear-ings, as well as requests to interview any Bush administration appointees. \nNever in our Nation’s history has the \nHouse of Representatives voted to hold a sitting Attorney General or a Cabinet member in contempt. What’s different? \nI will tell you what’s different. It is \nthe simple fact that Republicans have a dogged determination to discredit and defeat this President at all costs. Plain and simple, it’s politics. \nMy Republican friends, do not use \nyour majority to engage in a political stunt. The integrity and legacy of this institution deserve better than that. If you want to discredit and defeat this President, you need to leave this floor and leave the C–SPAN cameras, and go out and give it your best shot. This is not the place to do it. \nWhen the history of this despicable \nproceeding is recorded, it will be said that your actions were politically mo-tivated to discredit and defeat a Presi-dent who has worked so hard over the past 3 years. \nI encourage my colleagues to join me \nin refusing to vote for this gimmick and walk to the steps of the Capitol and explain the circumstances of this dark day. Do not vote for this resolu-tion. \nFor those of you who choose to vote, \nI ask that you defeat the rule and vote against these contempt resolutions. \nANNOUNCEMENT BY THE SPEAKER PRO TEMPORE \nThe SPEAKER pro tempore. Mem-\nbers are reminded to direct their re-marks to the Chair. \nMr. NUGENT. Mr. Speaker, I yield \nmyself as much time as I may con-sume. \nYou know, it’s amazing that my \nfriends forget about history because they referenced history in 2008 as re-lated to House Resolution 979 and House Resolution 980. And you know what they did? \nThey passed a rule and said it’s here-\nby adopted. You never even had discus-sion on the House floor like we’re going to do today. Never had debate on the House floor. They just passed it in the Rules Committee and said, guess what, it’s hereby adopted. \nI yield such time as he may consume \nto the gentleman from California (Mr. I\nSSA), the chairman of the Committee \non Oversight and Government Reform. \nMr. ISSA. I place in the R ECORD at \nthis time the statement by the Terry family concerning Congressman D\nIN-\nGELL ’s criticism of the contempt vote. \nTERRY FAMILY STATEMENT WITH REGARD TO \nCONGRESSMAN JOHNDINGELL ’SCRITICISM OF \nCONTEMPT VOTE \nOn Wednesday, Representative John Din-\ngell invoked the Terry family name while saying he would not back the contempt reso-lutions but instead wants the Oversight and \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4167 June 28, 2012 \nGovernment Reform Committee to conduct a \nmore thorough investigation into Operation Fast and Furious. \nCongressman Dingell represents the dis-\ntrict in Michigan where Brian Terry was born and where his family still resides, but his views don’t represent those of the Terry family. Nor does he speak for the Terry fam-ily. And he has never spoken to the Terry family. \nHis office sent us a condolence letter when \nBrian was buried 18 months ago. That’s the last time we heard from him. \nA year ago, after the House Oversight and \nReform Committee began looking into Oper-ation Fast and Furious, one of Brian’s sisters called Rep. Dingell’s office seeking help and answers. No one from his office called back. \nMr. Dingell is now calling for more inves-\ntigation to be conducted before the Attorney General can be held in contempt of Congress. \nThe Terry family has been waiting for over \n18 months for answers about Operation Fast and Furious and how it was related to Brian’s death. If Rep. Dingell truly wants to support the Terry family and honor Brian Terry, a son of Michigan, he and other Mem-bers of Congress will call for the Attorney General to immediately provide the docu-ments requested by the House Oversight and Government Reform Committee. \nMr. NUGENT. Mr. Speaker, I yield 2 \nminutes to the gentleman from Florida (Mr. R\nOSS). \nMr. ROSS of Florida. Mr. Speaker, \ntoday I rise to offer my support to hold the Attorney General in contempt of Congress. \nIn December 2010, Border Patrol \nAgent Brian Terry was killed with a gun that was allowed to walk across the border as a result of Operation Fast and Furious. \nMr. Speaker, some, including this At-\ntorney General and some of my col-leagues on the other side of the aisle, state that this operation began in a previous administration. This is de-monstrably false, and nothing could be further from the truth. \nWhile there was a program under the \nprevious administration known as Wide Receiver, the differences are quite stark. Under Wide Receiver, weapons were tracked, the Mexican government was involved, and no one died as a re-sult of that operation. In fact, Oper-ation Wide Receiver ended in late 2007, nearly 2 years before Fast and Furious began and nearly 9 months before this President was sworn into office. \nFast and Furious allowed guns to \nwalk across the Mexican border with no tracking, no involvement by Mexi-can officials. Over 2,000 firearms dis-appeared across the border under this failed operation. Hundreds of Mexicans are dead because of this failed oper-ation. \nAn American hero and United States \nMarine, Agent Brian Terry, is dead be-cause of this failed operation. Agent Terry stood his ground and told moms and dads across America that no one would hurt their children on his watch. He stood up and took that responsi-bility. \nTo this day, no one, and I mean no \none, in this administration has had the guts to stand up and say, ‘‘It was my fault.’’ Attorney General Holder has re-fused to comply with a congressional \nsubpoena that was issued in October of 2011. \nI was a practicing attorney in the \nreal world before I came to Congress. In the real world, Americans are ex-pected to comply with subpoenas. Is the Attorney General any different? No, he is not. \nAre we just supposed to take Mr. \nHolder’s word that we have all the in-formation? \nThat may be how Washington works, \nMr. Attorney General, but that is not how Main Street works. \nMr. Attorney General, what are you \nhiding? What are you hiding from the Brian Terry family? What are you hid-ing from the American public? \nI’ve said it before and I will say it \nagain: you can delegate authority but you cannot delegate responsibility. \nMr. Speaker, the Attorney General \ncan stonewall all he wants. The Attor-ney General can misremember all he wants. But whether he likes it or not, today responsibility will land on his desk. \nMr. Speaker, I applaud Chairman \nI\nSSAfor his steadfast leadership in the \npursuit of the truth. I applaud my col-leagues on the other side of the aisle who are putting the search of the truth before party. \nThe SPEAKER pro tempore. The \ntime of the gentleman has expired. \nMr. NUGENT. Mr. Speaker, I yield \nanother 15 seconds to the gentleman from Florida. \nMr. ROSS of Florida. Mr. Speaker, I \napplaud all of those, like Agent Terry, who wear the uniform of the Armed Forces or stand on the border and guard our Nation. Agent Terry knew a thing or two about duty. He died while on duty. \nIt is now the duty of this Congress to \nhold those responsible and accountable for this failed operation. We will not forget, and we will always stand with you. \nANNOUNCEMENT BY THE SPEAKER PRO TEMPORE \nThe SPEAKER pro tempore. Once \nagain, Members are advised to direct their remarks to the Chair. \nMr. M\nCGOVERN. Mr. Speaker, I yield \nmyself such time as I may consume. \nMy friend from Florida (Mr. N UGENT ) \ntalked about obstructionism, and I want to say a couple of words about that because I think this whole process has obstructed justice. \nDuring the committee’s 16-month in-\nvestigation, the committee refused all Democratic requests for witnesses and hearings, which is unprecedented. For instance, the committee refused to hold a public hearing with Ken Melson, the head of ATF, the agency respon-sible for this operation, after he told committee investigators privately that he never informed senior department officials about gunwalking because he was unaware of it. \nThe committee also refused a hear-\ning, or even a private meeting, with former Attorney General Mukasey, who was briefed on botched efforts to coordinate interdictions with Mexico \nin 2007, and was informed directly that these efforts would be expanded during his tenure; refused the opportunity to have the Attorney General as a wit-ness. \nMr. Speaker, this partisanship was \ndemonstrated by the committee’s vote along strictly partisan lines to hold the Attorney General in contempt and to vote along strictly partisan lines on every amendment. This is about poli-tics. This is not about the truth. This is not about justice. This is about poli-tics, and that is why this is such a sad day for this institution. \nMr. Speaker, I yield 2 minutes to the \ngentleman from Vermont (Mr. W\nELCH ). \nMr. WELCH. Mr. Speaker, I thank \nthe gentleman from Massachusetts. \nMr. Speaker, the investigation that’s \nbeing conducted by the Committee on Oversight and Government Reform is a legitimate investigation. But the rec-ommendation to this House to hold the Attorney General in contempt is reck-less, irresponsible, unnecessary, and will actually get in the way of the pur-suit of truth. \nWhy do I say that? If you’re going to do an investiga-\ntion, you have to begin at the begin-ning, and the beginning of Fast and Fu-rious and gunwalking began in the Bush administration. There’s no evi-dence that President Bush was aware of it. There’s some questions about what his Attorney General knew, what and when. \nBut if you are sincerely interested in \ntrying to find out what happened, how it happened, how in the world do you not begin at the beginning? \nAnd despite that fact, the requests of \nmany of us on the committee who sup-port an investigation, who support the use of a subpoena, who support the ag-gressive right of Congress to get access to documents that it needs, have been denied the opportunity to bring in wit-nesses about what happened and how it \nhappened during the Bush administra-tion. \nWe’ve been denied the opportunity to \nbring in Attorney General Mukasey, despite the fact that there was evi-dence that he was personally briefed on the botched efforts to coordinate inter-diction with Mexican authorities. Then-Attorney General Mukasey was also told that the ATF field office in Phoenix planned to expand these oper-ations during his tenure. So our ques-tion really quite simply is, begin at the beginning. \nThat foundation of an open and ex-\nhaustive search is what this com-mittee, the Committee on Government Reform, owes to this House of Rep-resentatives before it asks the Mem-bers of this House to vote on the ex-traordinary measure of finding a sit-ting Attorney General in contempt. \nSecondly, we’ve got to do our job \nwith care. The original subpoena that went out and was there until the Fri-day before the Wednesday in which we voted was demanding that the Attor-ney General turn over documents that \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4168 June 28, 2012 \nwould have been illegal for him to turn \nover—transcripts of the grand jury. \nThe SPEAKER pro tempore. The \ntime of the gentleman has expired. \nMr. M CGOVERN. I yield the gen-\ntleman an additional 15 seconds. \nb1300 \nMr. WELCH. So transcripts of the \ngrand jury, transcripts of wiretap ap-plications, which is not only a viola-tion of the U.S. Code, but would jeop-ardize law enforcement officials if that word got out. That is an irresponsible and overbroad subpoena. \nSo the bottom line is to let the inves-\ntigation continue, but let’s acknowl-edge that the job that the committee needs to do before it asks for a vote of contempt has not been done. \nMr. NUGENT. Mr. Speaker, I yield 2 \nminutes to the gentleman from Texas, Judge P\nOE. \nMr. POE of Texas. I thank the gen-\ntleman. \nMr. Speaker, we are here today be-\ncause of an ill-conceived, dangerous, il-legal, gun-running scheme called Oper-ation Fast and Furious. \nThis operation has resulted in the \ndeath of at least one—maybe two—Fed-eral agents and in the deaths of hun-dreds of Mexican nationals; yet we still cannot get a straight answer from the Justice Department as to what hap-pened. The Attorney General says he doesn’t know who authorized this non-sense, but he won’t let Congress help him find out the facts. \nIn December of last year, Attorney \nGeneral Holder testified before the House Judiciary Committee and told me that Operation Fast and Furious was ‘‘flawed and reckless’’ and that it was ‘‘probably true’’ that more people were going to die. \nNow, isn’t that lovely? Why is the Attorney General being so \nobstinate? After months of delay, delay, delay, today is the day of reck-oning. \nThis administration claims to be the \nmost transparent administration in history. So why won’t the administra-tion let the American people know what happened during Fast and Furi-ous? What are they hiding? \nThis contempt resolution is about \none thing. It’s about finding out how such a stealth and dangerous operation could ever be authorized by the Gov-ernment of the United States. Why would our government help smuggle guns to our neighbor and put them in the hands of the enemy of Mexico and the United States—the violent drug cartels? \nAnd no wonder the Attorney General \nof Mexico wants those in the United States who are responsible to be extra-dited to Mexico and tried for those pos-sible crimes. Mexico is more interested in Fast and Furious than is our own government. \nAs a former judge, I can tell you that \ncontempt is used as a last resort to let individuals know they will comply with a lawful order whether they like it or not. Even the Attorney General \ncannot evade the law. \nTime for America to find out the \ntruth about gun smuggling to Mexico. Time for a little transparency. Today is judgment day. \nAnd that’s just the way it is. Mr. M\nCGOVERN. Mr. Speaker, let me \nremind my friend that this gunwalking program started under President Bush. And that’s just the way it is. \nI would like to yield 15 seconds to the \ngentleman from Texas (Mr. G\nENE \nGREEN ). \nMr. GENE GREEN of Texas. Mem-\nbers, I’m from Texas. We believe it’s our constitutional right to own every gun that was ever made, and we don’t want to export them to anywhere—but this resolution is pure politics. \nMr. Speaker, today I rise in opposition to the \nresolution recommending that the House of Representatives find Eric H. Holder, Jr., Attor-ney General, U.S. Department of Justice, in contempt of Congress for refusal to comply with a subpoena duly issued by the committee on Oversight and Government Reform. \nIn 2005, the Bureau of Alcohol, Tobacco, \nFirearms, and Explosives (ATF) initiated Project Gunrunner that focused on stemming the flow of firearms into Mexico. This would stop guns from being obtained by drug cartels and criminal organizations that have killed thousands in Mexico in recent years. \nPart of Project Gunrunner was Operation \nFast and Furious, which has come under scru-tiny over the past year due to reports that the ATF allowed the sale of hundreds of assault weapons to suspected straw purchasers, who then allegedly transported these weapons through the Southwest and into Mexico. In De-cember 2010, suspected firearms linked to Operation Fast and Furious were found at the murder scene of Border Patrol Agent Brian Terry. \nThis resolution is not about Project Gun-\nrunner or Operation Fast and Furious because the Department of Justice has produced thou-sands of pages of documents, two dozen offi-cials have been interviewed, and the Attorney General has testified nine times, to show it was not responsible for these operations. The Attorney General has continually offered to provide even more information, including doc-uments outside of the Committee’s original subpoena. The documents that are now at the center of the resolution are completely unre-lated to how Project Gunrunner or Operation Fast and Furious were initiated. \nThis investigation is nothing more than a \nhyper-partisan, election-year effort. The Com-mittee vote was strictly along partisan lines and every amendment passed or failed on party-line votes. During this investigation, the Committee refused all Democratic requests for witnesses and hearings, as well as requests to interview any Bush Administration appointees. \nAttorney General Eric Holder has produced \nsufficient evidence, through thousands of pages of documents and testifying nine times before the committee, to confirm that once he learned about Operation Fast and Furious, he took action to bring it to a close. The denial of Democratic requests to interview officials of the Bush Administration on this matter only further proves this is strictly a partisan political game to hold the first sitting Attorney General in contempt. Mr. NUGENT. Mr. Speaker, I yield 2 \nminutes to a former law enforcement officer who lost her husband in the line of duty, the gentlewoman from Florida (Mrs. A\nDAMS ). \nMrs. ADAMS. I am going to come to \nyou from a different angle, one of a law enforcement officer. \nI served over 17 years as a law en-\nforcement officer, and I worked many undercover operations. As a law en-forcement officer, you knew you didn’t give guns to bad guys. The drug car-tels, they’re bad guys. You know if you let a gun walk with a bad guy that you’re going to see that gun whether it’s at a crime scene, or you’re going to be looking down the barrel of it. \nSo when the Attorney General came \nto our committee, I asked him, Who approved this operation? Why was it approved? And he just wouldn’t answer. He didn’t know. \nOkay. Well, what rises to the level of \nthe Attorney General? If an inter-national operation that allows guns to walk to another country and that are then used to kill one of our agents and that are used to kill and maim their citizens doesn’t rise to his level of ap-proval, who approved it? \nThis is something that is just normal \nprocedure in any operation in a law en-forcement agency. \nSo now you have an Attorney Gen-\neral who won’t tell us or can’t tell us who approved this international oper-ation. You have others saying, Well, this is something that started under another administration. \nIt didn’t. That was a different oper-\nation, and they realized they couldn’t keep up with those guns, so they stopped it. When this one started, it was flawed from the beginning. The At-torney General said it was flawed from the beginning. \nYet we still have no answers. We \ndon’t have answers. The American peo-ple don’t have answers, and most im-portantly, the Terry family doesn’t have answers. That’s just unaccept-able. \nI’ve heard from the other side of the \naisle and from my colleagues here today that this is political. This isn’t political. To me, it’s personal. We have a law enforcement officer who was doing his job and who was killed by a flawed operation that no one will take ownership of in the Attorney General’s Office; and the Attorney General, him-self, won’t tell us what rises to the level of his knowing what’s going on in his agency if an international oper-ation does not. \nSo I will tell you that it was not po-\nlitical when I started looking into this and when we started looking into it. It is not political today. The way that it became political was when there was asserted, right before the gavel dropped in the committee, an executive privi-lege. \nThe SPEAKER pro tempore. The \ntime of the gentlewoman has expired. \nMr. NUGENT. I yield the gentlelady \nan additional 15 seconds. \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4169 June 28, 2012 \nMrs. ADAMS. I ask you today to ap-\nprove this resolution. Bring some credibility back to our Department of Justice. If this had happened in an-other agency throughout this Nation and if one of our officers had died and if the Department of Justice were in-volved in the investigation, they would be asking for the same documents that we are asking for. \nMr. M\nCGOVERN. Mr. Speaker, let me \njust say to the gentlelady that if she is interested in why the United States pursued this gunwalking program, she should talk to the Attorney General under the Bush administration, Attor-ney General Mukasey, when this thing started 5 years ago. \nUnfortunately, notwithstanding the \nfact that the Democrats have asked that he be called before the committee, the request has been denied. She wants to know why this is political? The re-quest for every single witness that the Democrats asked to be brought before the committee was denied, the request for every single witness. \nThat is unprecedented in this House \nin any committee, the fact that the Democrats have been locked out of having any of their witnesses come for-ward. This is not about gunwalking. This is not about finding the terrible truth about what happened to Agent Terry. This is about politics, plain and simple; and it diminishes this House. \nI would like to yield 2 minutes to the \ngentlewoman from the District of Co-lumbia (Ms. N\nORTON ). \nMs. NORTON. I thank the gentleman \nfor yielding. \nAny doubt that today’s contempt res-\nolution is political was put to rest when the NRA joined in to blowtorch vulnerable Democrats to vote for con-tempt today. \nThe gun lobby is directly responsible \nfor the gap in Federal law that allowed the straw purchases of guns here that were taken to Mexico, ultimately re-sulting in the tragic death of a border agent. Yet because of a political man-date from the gun lobby, our com-mittee spent no time on the root cause of this tragedy. Instead, after the ma-jority failed to get the documents it re-quested that were under court seal and documents related to ongoing inves-tigations, it asked for internal commu-nications that no Republican or Demo-cratic administration has ever given up. \nInstead of sparing no effort to give \nlaw enforcement the tools it must have to protect our border agents, our com-mittee has spared no effort to get to today’s contempt resolution over issues unrelated to the tragic killing. After 16 months, the committee found no evidence that the Attorney General or other top Justice Department offi-cials knew about the ATF gunwalking. And the committee resolutely refused to hear from top ATF officials who said that they, in turn, had given the Jus-tice Department no such information. \nb1310 \nIt is Attorney General Holder who \nstopped the gunwalking authorized and started by the Bush administration. \nThe contempt today, Mr. Speaker, is for the truth. \nMr. NUGENT. Mr. Speaker, I just \nwant to make it very clear that the House rules of article XI talk about, specifically, j(1) as it relates to the rights of the minority. But you have to ask for that. A majority of the minor-ity has to ask for it. It has to be fo-cused on the issue at hand. They were talking about issues as it related to, I guess, gun ownership, and that was not germane to that issue. \nWith that, I yield 2 minutes to the \ngentleman from Arizona (Mr. Q\nUAYLE ). \nMr. QUAYLE. I thank the gentleman \nfor yielding. \nMr. Speaker, today’s vote is long \noverdue. For months, my colleagues and I have worked to uncover the truth about Operation Fast and Furious, which cost the life of Border Patrol Agent Brian Terry in my home State of Arizona. \nCongressional efforts to get to the \nbottom of this tragedy and bring ac-countability to those responsible were met with derision by Attorney General Holder. At hearings, when we ques-tioned Mr. Holder, he evaded. When we requested documents, he obfuscated. When I questioned Mr. Holder on June 8, he looked me in the eye and stated plainly that there was nothing whatso-ever in the wiretap applications that suggested the existence of a gunwalking program. Yet, all I had to do was review those same applications to see that what the attorney general had said to me, my colleagues, and to the American people, was nothing but a boldfaced lie. Mr. Speaker, I will re-peat that again. It was a boldfaced lie. \nToday, let Congress’ vote be a signal \nto Mr. Holder that dishonesty on the part of administration officials will never be tolerated. \nToday, let this vote be a signal to \nPresident Obama that the security of the American people must always come before his own job security and the job security of his Cabinet officials. \nLet this vote be a reminder to Mr. \nHolder and to President Obama that despite their executive overreach, there are, in fact, three coequal branches of government. \nLet this vote demonstrate that Con-\ngress has not forgotten its right or its responsibility to provide oversight and to bring accountability. \nI urge my colleagues to support the \nrule and the underlying resolution. \nMr. M\nCGOVERN. Mr. Speaker, my \ncolleague from Florida (Mr. N UGENT ) \nmentioned the issue of gun ownership as related to the witnesses that the Democrats wanted to have appear be-fore the committee. How inviting the head of the ATF, which is responsible for Operation Fast and Furious, or in-viting the former Attorney General, who was briefed on gunwalking and knew about it, how that has anything to do with gun ownership—what that has to do with, Mr. Speaker, is getting to the truth. The minority has submitted a re-\nquest for witnesses in writing and even requested for a—which I guess they have the right to do—a day of minority witnesses, which they were told they would not be granted that day in a timely fashion. \nThis is about politics. This, by all \nmeasures, is about politics. Again, the fact that we are doing this today, I think, diminishes the House of Rep-resentatives. \nI yield 2 minutes to the gentleman \nfrom New Jersey (Mr. A\nNDREWS ). \n(Mr. ANDREWS asked and was given \npermission to revise and extend his re-marks.) \nMr. ANDREWS. Mr. Speaker, every \nMember of this Chamber wants to get to the bottom of the issue of the tragic death of Officer Terry. Every Member of the Chamber wants to find out how the ATF and Justice Department were run as related to that tragedy. \nSo the committee that’s looking into \nthis refused to hear the testimony of the person running the ATF. \nThe committee that’s looking into \nthis refused to hear the testimony of the Assistant Attorney General, who was responsible for the ATF and talked about this with Attorney General Hold-er. \nThe committee that is responsible for \nthis received thousands of pages of doc-uments from the Attorney General to try to get to the bottom of the matter. \nThis procedure does violence to the \nAmerican Constitution. Yes, we have three separate branches. Those branches are designed to respect each other’s prerogatives. Those branches are designed to avoid a constitutional confrontation and engage in one only when necessary. \nIn the 225-year history of this insti-\ntution, there has never been a vote like this before—never. \nIs it because the Attorney General \ndidn’t turn over documents? He turned over thousands of pages of documents. \nIs it because the people that know \nabout this issue haven’t been made available? To the contrary. The com-mittee refused to hear the testimony of the head of the ATF and the Assistant Attorney General. \nThis procedure diminishes the House. \nIt vandalizes the Constitution. It should not go forward. \nMr. NUGENT. Mr. Speaker, I yield 30 \nseconds to the gentleman from Utah (Mr. C\nHAFFETZ ). \nMr. CHAFFETZ. The record will re-\nflect that in a bipartisan way, the Act-ing Director of the ATF, the person that was actually appointed by Presi-dent Obama, was deposed by both Democrats and Republicans about a year ago for 2 days around July 4. It was 2 days that he was deposed. That record is there. It is crystal clear. \nWe were also denied, by the Depart-\nment of Justice, to speak with Lanny Breuer and Kenneth Blanco, two of the key central people at the highest levels of the Department of Justice. To sug-gest that we were given an opportunity to talk to them is patently false. \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4170 June 28, 2012 \nThe final part I will make is you \ncan’t complain that Attorney General Holder was here nine times between the House and the Senate talking in part about Fast and Furious and then say that you never had a Democratic witness. \nMr. M\nCGOVERN. Mr. Speaker, we \nneed to deal with facts in this debate because this is an important matter. \nThe gentleman just talked about \nthese hearings, these meetings with the head of the ATF. The reality was that a year ago Republican staff met with the head of the ATF on July 3 without notifying Democratic staff. Democratic staff were invited to come on July 4. There were no public hear-ings, and no Members were there. \nAgain, I’m not sure what the problem \nis with having the head of the ATF come before the committee so the American people can hear what the truth is and what the facts are. I don’t know why that’s such a big deal. But to suggest that this was a bipartisan ef-fort is just outright false. \nMr. Speaker, at this time, I yield 2 \nminutes to the gentlewoman from Maryland (Ms. E\nDWARDS ). \nMs. EDWARDS. Mr. Speaker, the Re-\npublican majority is pursuing an un-precedented and a partisan constitu-tional confrontation today, and it’s un-necessary. \nThe contempt resolution that’s be-\nfore the House is both disgraceful and it really is demeaning to this House. It’s being brought forth by the other side simply to drag Attorney General Holder through the mud and to pub-licly accuse him and the administra-tion and, frankly, by extension, the President of the United States, of a coverup, claiming that our Attorney General was obstructing justice. Re-publicans even went so far as to call him a liar on national television. This is unheard of, it is hyperbolic, and it’s disrespectful to the office and dis-respectful to this House. \nThe fact is that Chairman I\nSSAand \nRepublicans have continuously moved the goalpost and disregarded the good intent and good faith shown by the At-torney General, the Justice Depart-ment, and the President’s administra-tion. \nAs has been said before, the Depart-\nment of Justice has provided the Con-gress with over 7,600 pages of docu-ments and made numerous officials available for testimony, but that’s been rebuffed. Just last week, the At-torney General offered to provide even more internal documents and requested a show simply of good faith on the part of the Republican majority that they wanted to resolve the contempt issue, but they refused, choosing this con-stitutional confrontation instead. That’s because the Republicans, to be clear, are not interested in a resolu-tion. They’re not looking to com-promise. They’re only looking to score \npolitical points at the expense of the integrity of the House and the good name of the President and the Attor-ney General. So I would ask us to carefully con-\nsider what we’re doing here today and to raise into question what we’re doing to this House, to the institution, and to the Presidency. I would ask my col-leagues on the other side of the aisle to ask themselves whether the American people want us to focus on their busi-ness, to focus on the business of mov-ing the country forward, or to simply play politics because you can’t win any other way. \nIt’s a really simple proposition that’s \nin front of us today. And I would say to my colleagues on both sides of the aisle: it is time for us to simply walk away from the nonsense that is not doing justice to the American people. \nMr. Speaker, the Republican majority is pur-\nsuing an unprecedented and partisan constitu-tional confrontation today. \nThe contempt resolution before this House \nis disgraceful and demeaning to the House. It’s been brought forth by the other side to drag Attorney General Holder through the mud and publicly accuse him and the Administra-tion by extension the President of the U.S. of a ‘‘cover-up’’, claiming that Attorney General Holder was ‘‘obstructing justice.’’ Republicans even went so far as to call him a ‘‘liar’’ on na-tional television—unheard of, blatantly hyper-bolic, and disrespectful to the office. \nThe fact is that Chairman I\nSSAand the Re-\npublicans have continuously moved the goal-posts and disregarded the good faith shown by the Attorney General, the Justice Depart-ment, and the President’s Administration. \nAll told, the Department of Justice has pro-\nvided Congress with over 7,600 pages of doc-uments and has made numerous high profile officials available for public congressional tes-timony. The Attorney General himself has an-swered questions at nine public hearings. \nLast week, the Attorney General offered to \nprovide even more internal documents, includ-ing documents outside of Chairman I\nSSA’S \nsubpoena. All the Attorney General requested was a show of good faith on the part of the Republican majority to resolve the contempt issue, but they refused. That’s because the Republicans are not looking to compromise. They are looking simply to score political points at the expense of the integrity of the House. \nAnd so, on June 11th, Chairman I\nSSA an-\nnounced his intention to hold a contempt vote. On June 20th, just nine short days later, Chairman I\nSSAcalled the vote after the Presi-\ndent invoked executive privilege. \nFrom George Washington to George W. \nBush, Presidents of both political parties have asserted executive privilege to protect the con-fidentiality of certain kinds of executive branch information in response to demands by Con-gress. In fact, dating back to President Reagan, Presidents have asserted executive privilege 24 times. \nIn previous situations, Committee Chairman \nput off contempt proceedings in order to con-duct serious and careful review of Presidential assertions of executive privilege. Then Over-sight and Government Reform Chairman W\nAX-\nMAN put off a contempt vote after President \nBush asserted executive privilege in the Valarie Plame investigation. Chairman W\nAX-\nMAN did the same when President Bush as-\nserted the privilege relating to EPA ozone reg-ulations—on the same day as the contempt vote. Mr. D\nINGELL , as Chair of the Energy and \nCommerce Committee held two hearings be-fore proceeding to a contempt vote, after he received President Reagan’s assertion of ex-ecutive privilege. \nBut on June 20th, after the invocation of ex-\necutive privilege by President Obama, and over the requests of several committee mem-bers to delay action, Chairman I\nSSA pro-\nceeded with the contempt vote. \nOne question that comes to my mind is why \nthe rush? The Committee recently ‘‘com-pleted’’ a 16-month investigation, one in which the committee refused all Democratic requests for hearings and even for a single witness. Then one week and just seven days after the committee reported out the contempt resolu-tion on a party-line vote on June 20th, the House today will vote on this privileged resolu-tion. \nThe last time the House voted on contempt \nresolution against executive branch officials was during an investigation in the Bush ad-ministration into the firing of U.S. Attorneys. In that situation, the House Judiciary Committee cited two officials for contempt of Congress in July 2007. The full House did not actually con-sider and vote on those contempt resolutions until eight months later in February 2008. \nThe Obama administration has argued that \nthe documents in question in this instance fall within the executive privilege because they have been generated in the course of the de-liberative process concerning the Justice De-partment’s response to Congressional over-sight, not because the President knew more about this matter than he admitted to or that there was a conspiracy in the White House, as Chairman I\nSSAfalsely asserts. \nFor some reason, the Republican majority \nfeels that this is a pressing issue. But I can think of a large list of other issues that I feel that Americans would rather we address. \nIt is hard to imagine that the House Repub-\nlican majority’s actions are anything else be-sides election-year politics designed to make this administration look bad. This resolution will not create jobs, nor will it strengthen our economic recovery. It is far past time to get-ting around to solving the real problems that the American people sent each of us here to resolve. \nI urge my colleagues on both sides of the \naisle to carefully consider what we are about to do today. Never in our nation’s history has the House voted to hold a sitting Attorney General in contempt. I urge my colleagues to vote down this partisan and political contempt resolution. \nb1320 \nMr. NUGENT. Mr. Speaker, I would \nlike to inquire how much time re-mains. \nThe SPEAKER pro tempore. The gen-\ntleman from Florida has 9\n1⁄2minutes \nremaining. The gentleman from Massa-chusetts has 10 minutes remaining. \nMr. NUGENT. I will continue to re-\nserve the balance of my time. \nMr. M\nCGOVERN. Mr. Speaker, I yield \n2 minutes to the gentleman from Cali-fornia (Mr. S\nCHIFF ). \nMr. SCHIFF. I thank the gentleman \nfor yielding. \nI rise in strong opposition to this res-\nolution. What began as a legitimate in-vestigation into an operation called \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4171 June 28, 2012 \nFast and Furious has, unfortunately, \ndegenerated into yet another partisan political attack in an election year. And it’s a shame this is taking place for many reasons. First and foremost, because the American people have a le-gitimate interest in getting to the bot-tom of the gun violence that spills across our border, with the tens of thousands of weapons made in America that end up in the hands of the cartels. But instead of looking into that inves-tigation, instead of finding out what we can do about this gun violence, this has now become a fight over docu-ments, a fight that is completely un-necessary and unjustified. \nThe very documents that are at issue \nin this resolution were created after this operation had long since been shut down. They will shed no light on the operation. They will shed no light on what we can do to stop this gun traf-ficking. But then that’s not the goal. The goal here is simply the fight. \nThe Justice Department has bent \nover backwards, produced thousands of documents. The Attorney General has testified eight or nine times before the House, has made every effort to cooper-ate in this investigation, but the com-mittee will not take ‘‘yes’’ for an an-swer because that’s not the goal. The fight is the goal. \nAnd so we are here when we should be \ndoing the Nation’s business, when we should be working on legislation to create jobs. Instead, we are here in what is nothing less than a partisan brawl over nothing. And you know how this will end? It will end months or years from now with a settlement in Federal District Court in which the Justice Department will provide the very same documents they have al-ready offered to provide. But we will have wasted our time; we will have wasted our money; and we will have wasted the precious opportunity to get the people’s business done here in the House. \nIn case the majority hasn’t noticed, \nwe are in the midst of a very difficult economy, where people are struggling to find work. They are not struggling to find another partisan fight on the House floor. This is something that cried out for resolution, but those cries were ignored. I urge a ‘‘no’’ vote. \nMr. NUGENT. Mr. Speaker, I yield 2 \nminutes to the gentleman from Utah (Mr. C\nHAFFETZ ). \nMr. CHAFFETZ. Mr. Speaker, the \nreason I am so passionate about this issue is that it’s about openness, it’s about transparency, it’s about the idea that there is no one person in our gov-ernment that’s above the law; that when you have a duly issued subpoena, you comply with that subpoena. \nIn fact, I would like to hearken back \nto the remarks by President Obama as he took office. He said: \nLet me say as simply as I can. Trans-\nparency and the rule of law will be the touchstones of this presidency. I will also hold myself, as President, to a new standard of openness. But the mere fact that you have legal power to keep something secret does \nnot mean you should always use it. \nHe went on to say: \nI expect members of my administration \nnot simply to live up to the letter but also the spirit of this law. \nHe went on to send something to all \nof the department heads. He said: \nGovernment should not keep information \nconfidential merely because public officials might be embarrassed by disclosure, because errors or failures might be revealed, or be-cause of speculative or abstract fears. \nThe President further said, relating \nto Fast and Furious: \nThere may be a situation here in which a \nserious mistake was made, and if that’s the case, we will find out, and we will hold some-body accountable. \nWe have a dead Border Patrol agent. \nWe have over 200 dead Mexican people. We have a program that the Attorney General called ‘‘fundamentally flawed.’’ We have thousands of weapons that are missing. We have a duty, an obligation to pursue this to the fullest extent and to make sure that we have all those documents so we can make sure that it never, ever happens again. \nNow there are 140,000 documents, ac-\ncording to the Attorney General, that deal with Fast and Furious. We’ve been given less than 8,000 of those. Less than 8,000 of those. We deserve to have that. \nAlso, I will be submitting for the \nR\nECORD this statement from the Na-\ntional Border Patrol Council. This is the AFL–CIO-oriented organization of 17,000 Border Patrol members who call for the resignation of Attorney General Holder. In fact, they say that it’s ‘‘a slap in the face to all Border Patrol agents who serve this country’’ and ‘‘an utter failure of leadership at the highest levels of government.’’ \n‘‘If Eric Holder were a Border Patrol \nagent and not the Attorney General, he would have long ago been found unsuit-able for government employment and terminated.’’ \nThese are from the people on the \nfront lines. We have an obligation to get to the bottom of this. \n[From the National Border Patrol Council, \nJune 20, 2012] \nNBPC C ALLS FOR THE RESIGNATION OF \nATTORNEY GENERAL ERICHOLDER \nJUNE18, 2012.—The union representing U.S. \nBorder Patrol agents called for the resigna-tion of Attorney General Eric Holder for his role in the ‘‘Operation Fast and Furious’’ gun smuggling scandal that directly resulted in the murder of Border Patrol Agent Brian Terry on December 15, 2010. \nNational Border Patrol Council President \nGeorge E. McCubbin III called the actions of the Attorney General Holder, ‘‘A slap in the face to all Border Patrol agents who serve this country’’ and ‘‘an utter failure of leader-ship at the highest levels of government.’’ \nBorder Patrol agents are indoctrinated \nfrom day one of their training that integrity is their most important trait as a Border Pa-trol agent and that without it they have lit-tle use to the agency. Border Patrol agents are quickly disciplined whenever they lie or show a lack of candor. The standard that ap-plies to these agents should at a minimum be applied to those who lead them. ‘‘If Eric Holder were a Border Patrol agent and not the Attorney General, he would have long \nago been found unsuitable for government employment and terminated.’’ \n‘‘The heroism that Border Patrol Agent \nBrian Terry demonstrated on that cold night in the dessert of Arizona was in keeping with the finest traditions of the United States Border Patrol and will never be forgotten by those who patrol this nation’s borders. We cannot allow our agents to be sacrificed for no gain and not hold accountable those who approved the ill conceived ‘Operation Fast and Furious’’’, said McCubbin. \n‘‘The political shenanigans surrounding \nthis scandal and the passing of blame must stop.’’ A Border Patrol agent cannot acciden-tally step foot into Mexico without a myriad of U.S. and Mexican government agencies being made aware, so there is no possible way that this operation was conducted with-out the knowledge and tacit approval of the Department of Justice and the Obama ad-ministration. \nMr. M CGOVERN. Mr. Speaker, I yield \nmyself 15 seconds. \nMr. Speaker, if this is about open-\nness, then why does the committee have secret meetings where they lock Democrats out? If this is about open-ness, then why won’t they let any Democratic witnesses appear before the committee? \nAnd since there seems to be some \nconfusion as to whether or not Demo-crats actually formally requested wit-nesses, I will insert into the R\nECORD a \nletter to the Honorable D ARRELL ISSA \non October 28, on November 4, and on February 2, requesting witnesses, in-cluding the former Attorney General Mukasey and Mr. Melson, the head of the ATF. \nCOMMITTEE ON OVERSIGHT AND GOV-\nERNMENT REFORM , HOUSE OF REP-\nRESENTATIVES , \nWashington, DC, October 28, 2011. \nHon. D ARRELL E. ISSA, \nChairman, Committee on Oversight and Govern-\nment Reform, House of Representatives, Washington, DC. \nD\nEARMR. CHAIRMAN : As I have stated re-\npeatedly, I believe Operation Fast and Furi-ous was a terrible mistake with tragic con-sequences. As I have also stated, I support a fair and responsible investigation that fol-lows the facts where they lead, rather than drawing conclusions before evidence is gath-ered or ignoring information that does not fit into a preconceived narrative. \nOn several occasions over the past month, \nyou have called on Attorney General Eric Holder to appear before the House Judiciary Committee to answer questions about when he first became aware of the controversial tactics used in Operation Fast and Furious. The Attorney General has now agreed to tes-tify before the House Judiciary Committee on December 8, 2011, when you will have an-other opportunity to question him directly. \nWith respect to our own Committee’s in-\nvestigation, I do not believe it will be viewed as legitimate or credible—and I do not be-lieve the public record will be complete— without public testimony from Kenneth Melson, who served as the Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). \nA hearing with Mr. Melson would help the \nCommittee and the American people better understand what mistakes were made in Op-eration Fast and Furious, how these tactics originated, who did and did not authorize them. and what steps are being taken to en-sure that they are not used again. \nOur staffs have already conducted tran-\nscribed interviews with Mr. Melson and the \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4172 June 28, 2012 \nformer Deputy Director of ATF, William \nHoover. During those interviews, these offi-cials expressed serious concerns about the controversial tactics employed by the Phoe-nix Field Division of ATF as part of this op-eration. They also raised concerns about the manner in which the Department of Justice responded to congressional inquiries. \nBoth officials also stated that they had not \nbeen aware of the controversial tactics being used in Operation Fast and Furious, had not authorized those tactics, and had not in-formed anyone at the Department of Justice headquarters about them. They stated that Operation Fast and Furious originated with-in the Phoenix Field Division, and that ATF headquarters failed to properly supervise it. \nSince the Attorney General has now agreed \nto appear before Congress in December, I be-lieve Members also deserve an opportunity to question Mr. Melson directly, especially since he headed the agency responsible for Operation Fast and Furious. My staff has been in touch with Mr. Melson’s attorney, who reports that Mr. Melson would be pleased to cooperate with the Committee. \nThank you for your consideration of this \nrequest. \nSincerely, \nE\nLIJAH E. C UMMINGS , \nRanking Member. \nCOMMITTEE ON OVERSIGHT AND GOV-\nERNMENT REFORM , HOUSE OF REP-\nRESENTATIVES , \nWashington, DC, November 4, 2011. \nHon. D ARRELL E. ISSA, \nChairman, Committee on Oversight and Govern-\nment Reform, House of Representatives, Washington, DC. \nD\nEAR MR. CHAIRMAN : I am writing to re-\nquest that the Committee hold a hearing with former Attorney General Michael Mukasey in order to assist our efforts in un-derstanding the inception and development of so-called ‘‘gun-walking’’ operations over the past five years. \nTHE MUKASEY MEMO \nDocuments obtained by the Committee in-\ndicate that Attorney General Mukasey was briefed on November 16, 2007, on a botched gun-walking operation by the Bureau of Al-cohol, Tobacco, Firearms, and Explosives (ATF). A briefing paper prepared for Attor-ney General Mukasey prior to a meeting with Mexican Attorney General Medina Mora describes ‘‘the first-ever attempt to have a controlled delivery of weapons being smuggled into Mexico by a major arms traf-ficker.’’ The briefing paper warns, however, that ‘‘the first attempts at this controlled delivery have not been successful.’’ Despite these failures, the briefing paper proposes expanding such operations in the future. It states: \nATF would like to expand the possibility \nof such joint investigations and controlled deliveries—since only then will it be possible to investigate an entire smuggling network, rather than arresting simply a single smug-gler. \nAttorney General Mukasey’s briefing paper \nwas prepared only weeks after ATF officials had expressed serious concerns with the fail-ure of these tactics and claimed they were shutting them down. After ATF officials dis-covered that firearms were not being inter-dicted, William Hoover, then ATF’s assistant director of field operations, wrote an e-mail on October 5, 2007, to Carson Carroll, ATF’s assistant director for enforcement programs, stating: \nI do not want any firearms to go South \nuntil further notice. I expect a full briefing paper on my desk Tuesday morning from SAC Newell [Special Agent in Charge Wil-liam Newell] with every question answered. The next day, Special Agent in Charge \nNewell responded in an e-mail, stating: \nI’m so frustrated with this whole mess I’m \nshutting the case down and any further at-tempts to do something similar. We’re done trying to pursue new and innovative initia-tives—it’s not worth the hassle. \nIt is unclear from the documents what \nchanged between October 6, 2007, when Spe-cial Agent in Charge Newell indicated that he was shutting down these operations, and November 16, 2007, when Attorney General Mukasey was presented with a proposal to expand them. The documents do not indicate whether Attorney General Mukasey read this briefing paper or how he responded to the proposal to expand these operations. \nADDITIONAL GUN -WALKING OPERATIONS DURING \nTHE BUSH ADMINISTRATION \nOther documents obtained by the Com-\nmittee indicate that the officials who pre-pared the November 16, 2007, briefing paper for Attorney General Mukasey were aware that it did not disclose the full scope of pre-vious gun-walking operations. After review-ing the briefing paper, Mr. Carroll wrote an e-mail to Mr. Hoover, stating: ‘‘I am going to ask DOJ to change ‘first ever’.’’ He added: ‘‘there have [been] cases in the past where we have walked guns.’’ \nMr. Carroll’s statement appears to be a ref-\nerence to an earlier operation in 2006 known as Operation Wide Receiver. The documents obtained by the Committee do not indicate whether Attorney General Mukasey was in fact informed about this operation, which oc-curred a year earlier. \nThe documents obtained by the Committee \nappear to directly contradict your claim on national television that gun-walking oper-ations under the previous Administration were well coordinated. During an appearance on Face the Nation on October 16, 2011, you asserted: \nWe know that under the Bush Administra-\ntion there were similar operations, but they were coordinated with Mexico. They made every effort to keep their eyes on the weap-ons the whole time. \nYour assertion was particularly troubling \nsince the Committee obtained these e-mail exchanges in July, several months before your appearance on Face the Nation. \nCONCLUSION \nOver the past year, you have been ex-\ntremely critical of Attorney General Eric Holder, arguing that he should have known about the controversial tactics employed in these operations. He has now agreed to your request to testify before the House Judiciary Committee on December 8, 2011, to answer additional questions about these operations. \nGiven the significant questions raised by \nthe disclosures in these documents, our Com-mittee’s investigation will not be viewed as credible, even-handed, or complete unless we \nhear directly from Attorney General Mukasey. \nDuring a press appearance on Wednesday, \nyou stated: ‘‘Our job for the American people is to make sure—since they say they shouldn’t walk guns and they did walk guns—is that we know they’ll never walk guns again.’’ I completely agree with this statement, and I believe my request will help us fulfill our shared goal. Thank you for your consideration of this request. \nSincerely, \nE\nLIJAH E. C UMMINGS , \nRanking Member. COMMITTEE ON OVERSIGHT AND GOV-\nERNMENT REFORM , HOUSE OF REP-\nRESENTATIVES , \nWashington, DC, February 2, 2012. \nHon. D ARRELL E. ISSA, \nChairman, Committee on Oversight and Govern-\nment Reform, House of Representatives, Washington, DC. \nD\nEAR MR. CHAIRMAN : Given your state-\nments at today’s hearing, I am writing to formally reiterate my previous request for the Committee to hold a public hearing with former Attorney General Michael Mukasey. \nOn November 4, 2011, I wrote to you re-\nquesting a public hearing with Mr. Mukasey in order to assist the Committee’s efforts in understanding the inception and develop-ment of so-called ‘‘gunwalking’’ operations over the past five years in Arizona. \nAs I described in the letter, the Committee \nhas now obtained a briefing paper prepared for Mr. Mukasey prior to a meeting with Mexican Attorney General Medina Mora. The briefing paper describes efforts in 2007 by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to coordinate interdiction efforts with Mexico after firearms crossed the border. The briefing paper warns, how-ever, that ‘‘the first attempts at this con-trolled delivery have not been successful.’’ Despite these failures, the briefing paper proposes expanding such operations in the future. It states: \nATF would like to expand the possibility \nof such joint investigations and controlled deliveries—since only then will it be possible to investigate an entire smuggling network, rather than arresting simply a single smug-gler. \nSince I sent the letter to you in November, \nthe Committee has not held a public hearing with Mr. Mukasey. \nIn addition to these documents, I issued a \nreport this week documenting that Oper-ation Fast and Furious was actually the fourth in a series of reckless operations run by the Phoenix Field Division of ATF and the Arizona U.S. Attorney’s Office dating back to 2006 involving hundreds of weapons across two administrations. \nAt today’s hearing, several Members of the \nCommittee acknowledged that the docu-ments obtained by the Committee do not in-dicate that Mr. Mukasey approved gunwalking, just as they do not indicate that Attorney General Holder approved gunwalking. Nevertheless, these Members expressed their belief that Mr. Mukasey’s public testimony is necessary if the Com-mittee intends to conduct a thorough and evenhanded investigation of this five-year history of gunwalking in Arizona. \nDuring an exchange with Committee Mem-\nber Gerry Connolly at today’s hearing, you stated that you were open to all requests for hearings relating to this investigation. At-torney General Holder has now testified pub-licly six times about these issues. It is only appropriate for the Committee and the pub-lic to hear testimony from Mr. Mukasey at least once. \nThank you for your consideration of this \nrequest. \nSincerely, \nE\nLIJAH E. C UMMINGS , \nRanking Member. \nMr. M CGOVERN. I yield 2 minutes to \nthe gentleman from Georgia (Mr. J OHN-\nSON). \nMr. JOHNSON of Georgia. Mr. Speak-\ner, today we need to understand that there are two classes of documents. The ones that relate to pending crimi-nal investigations, those are not dis-coverable or cannot be distributed out-side of the Justice Department under \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4173 June 28, 2012 \npenalty of U.S. law. You can get 5 \nyears for doing that. You can’t expect the Attorney General to turn those over. The other class of documents is internal communications. There may be some whiff of discoverable informa-tion in those, but they’re covered by executive privilege. And you really don’t know why the Attorney General has invoked executive privilege on those issues, but we have to trust the fact that there’s good reason for that to be the case. \nNow when you compare what has \ngone on today and over the last 7 days with what happened the day that Presi-dent Obama was sworn in, you can un-derstand why they’re doing what they’re doing today. You see, not very long after President Obama was sworn in, we got word that M\nITCH MCCONNELL \nsaid that his mission was to make President Obama a one-term President. And then we know that later on that afternoon, later that evening, when ev-eryone else was enjoying themselves at the Presidential balls, there was a group of Congresspeople—leadership in the Republican Party—that were scheming on how they were going to disrupt and say ‘‘no’’ and obstruct ev-erything that this President put forth. So they have done that. They have done everything they can to make this President look bad. \nThis is a manufactured crisis. It has \nno legal substance whatsoever. This is just simply a cheap political stunt to bring disfavor upon the President of the United States. And I ask my col-leagues to not let us sink to this level. It is the first time in history that any Cabinet member has been found in con-tempt of Congress. This is truly sad-dening. \nMr. NUGENT. Mr. Speaker, I yield 90 \nseconds to the gentleman from Okla-homa (Mr. L\nANKFORD ). \nMr. LANKFORD. Mr. Speaker, I \nwould have to concur. This is an in-credibly sad day. This administration that started talking about trans-parency has now sunk to the level of actually concealing documents. \nNever has an Attorney General been \nheld in contempt of Congress because every other Attorney General has turned over documents to Congress when they were requested. This Attor-ney General has not. \nI would just compare this whole con-\ntroversy with the Secret Service scan-dal from several months ago. They put everything out, released all the docu-ments, walked through it. It was done. The GSA scandal, released all the docu-ments, held people accountable. It was done. ATF even, when we started this investigation a year and a half ago, put all their documents out, put all their people out, done. \nAs soon as we get to the Department \nof Justice, it’s slow. It’s delay, it’s delay, it’s delay. The question is, Why? Why this matters when we get to the Department of Justice documents? Be-cause in the Phoenix office, everything was organized in the Phoenix office, then was approved by the U.S. attorney \nin the Phoenix area, and then went to the Department of Justice—not to the head of ATF—but to the Department of Justice, to DOJ and their leadership, to be approved. \nb1330 \nIt is essential that we know what was \ndone there and who did it in the proc-ess. So this is not some ancillary thing that’s added to it. This is an important part of this process. \nNow, there’s all this obfuscation to \nsay it’s Bush’s fault, this is political, there’s not enough witnesses. The es-sence of this particular contempt deals with the documents that, on February 4 of last year, the Department of Jus-tice sent us a letter that said they had no idea about this. And then by Decem-ber, after all yearlong saying, No, we didn’t know, we didn’t know, we didn’t know, come back in December and say, Oops, we did. It is what Eric Holder has called his evolving truth. \nWe want to know the facts of how it \nstarted here and went here. There’s 130,000 documents that they say they have. They have turned over a little over 7,000 of those documents. This is not the prerogative for them to con-tinue to hold and conceal those docu-ments. \nThe SPEAKER pro tempore. The \ntime of the gentleman has expired. \nMr. NUGENT. I yield the gentleman \nan additional 15 seconds. \nMr. LANKFORD. Fast and Furious \nhas moved to slow and tedious. We have got to have those documents to be able to finish up this investigation. It should have long since been done. \nEric Holder told our chairman that \nhe has these documents, but he’s using the documents as a bargaining chip to get a better deal. This is not the pre-rogative when we have a subpoena. \nWe are not looking for some conflict \nwith the administration. We’re looking to get to the facts. \nMr. M\nCGOVERN. Mr. Speaker, I yield \n11⁄2minutes to the gentleman from \nPennsylvania (Mr. F ATTAH ). \nMr. FATTAH. I thank the gentleman. I served for many years on the Over-\nsight and Government Reform Com-mittee. I’ve been involved in a lot of these investigations over time. I served for many years on the House Ethics Committee. \nThe Congress should be embarrassed \nabout the conduct of this investigation and the charade that brings us to the floor today. The Attorney General can’t provide these documents. The President has protected them under ex-ecutive order, executive privilege, which means that the person who works for the President can’t provide them to the Congress. We all know that. So to take a decent man who’s served his country in almost every ca-pacity—as a military veteran, as a U.S. attorney here in D.C., as a judge—and to drag his name wrongfully before this House, this majority, which clearly has lost its way—in their pursuit of power, they have lost all sense of principle— \nthis is a disgraceful act. \nBut we will get through it. We are a \nbig country, and the American people will recognize the disservice that the Republican majority brings to this floor today. \nI wouldn’t be surprised, at the end of \nthe day, whether we couldn’t even find this Congress held in more contempt than it is now. I think we’re at a 9 per-cent approval rate. That’s because of the actions of this majority. And the public will have to take account of that as we go forward. \nMr. NUGENT. I reserve the balance \nof my time. \nMr. M\nCGOVERN. Mr. Speaker, I yield \n2 minutes to the gentlelady from Cali-fornia (Ms. S\nPEIER ). \nMs. SPEIER. I thank the gentleman \nfrom Massachusetts. \nThis should be labeled ‘‘Fast and \nFoolish’’ or maybe ‘‘Fast and Fake.’’ We are not talking about gunwalking here. We are doing nothing to help the family of Brian Terry recover. What we’re talking about are interoffice emails between the administration ex-ecutives in the AG’s office. I want ev-eryone here to be willing to turn over all of their interoffice emails. \nBut, more importantly, let’s talk \nabout whether there’s precedence for the assertion of executive privilege. And let me just point to a number of cases when executive privilege was as-serted for noninvolved Presidential communications. \nIn October 1981, President Reagan as-\nserted executive privilege over internal deliberations within the Department of the Interior concerning, interestingly enough, the Mineral Lands Leasing Act. \nIn October 1982, President Reagan as-\nserted executive privilege over internal EPA files concerning Superfund provi-sions. \nIn July 1986, President Reagan as-\nserted executive privilege over docu-ments written by William Rehnquist when he was the head of the OLC at DOJ. \nIn August 1991, President George \nH.W. Bush asserted executive privilege over an internal Defense Department memorandum regarding an aircraft de-velopment contract. \nIn December 2011, President George \nW. Bush asserted executive privilege over internal Justice Department ma-terials relating to prosecutorial deci-sionmaking. \nIt has been done many, many times \nbefore by Republican Presidents. What we are doing here is a travesty to this institution and to this country. \nMr. NUGENT. I continue to reserve \nthe balance of my time. \nMr. M\nCGOVERN. Mr. Speaker, can I \ninquire of the gentleman from Florida how many more speakers he has, be-cause we have no more speakers on this side but myself. \nMr. NUGENT. We have no more \nspeakers. \nMr. M\nCGOVERN. Mr. Speaker, I yield \nmyself the balance of my time. \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4174 June 28, 2012 \nMr. Speaker, there isn’t a single per-\nson in this House who doesn’t honor the service of Agent Terry. There isn’t a single person in this House who does not want justice for Agent Terry’s fam-ily—and the truth. There isn’t a single person in this House, I believe, who doesn’t want to get to the bottom of how gunwalking started and how these operations were so terribly botched. \nBut every single attempt for an even-\nhanded investigation has been thwart-ed by the Republican majority. There has not been an evenhanded investiga-tion. Every single witness that the Democrats requested to be called be-fore the committee was refused. Every single witness. It’s unprecedented. \nLet me say that Eric Holder is a good \nand decent and honorable man. He’s doing an excellent job as Attorney General. He does not deserve this. And this institution does not deserve this. \nI say to my friends on the other side \nof the aisle: Do you really want to go down this road? This is a race to the bottom. This is a witch hunt. This is politics, pure and simple. It diminishes this House of Representatives. We are better than this. \nDoes everything have to be a con-\nfrontation? Does everything have to be in your face? \nNow, you want to maintain your ma-\njority. I get it. You want to win elec-tions. That’s understandable. But at what cost? Do we really need to drag the House of Representatives down this road? \nThis is a stain on this House of Rep-\nresentatives. We should not be here today. We should be talking about jobs and putting people back to work and about making sure student loans don’t double. But instead, we are doing this. \nThis is so political and so blatantly \npartisan that I think the American people are sickened by this. And as a number of people have said, You want to know why the approval rating is so low? Watch the videotape of this de-bate here today. We should be doing the peoples’ business. \nThis is not the peoples’ business. \nThis is not about getting to the truth in the case of Agent Terry. This is a political maneuver to go after this ad-ministration. And this has, unfortu-nately, become a trend and a pattern in this Congress. We need to find a way to solve our problems without always having these big confrontations. \nSo I urge my colleagues on the other \nside of the aisle, don’t go down this road. We urged the Speaker of the House yesterday to pull this from the floor. This is wrong. Please defeat this rule. \nI yield back the balance of my time. Mr. NUGENT. Mr. Speaker, I yield \nmyself such time as I may consume. \nThis is about Agent Terry, who gave \nhis life for this country. This is about what this government has done not to expose the truth but to block the truth. This is about calling on the At-torney General to follow the Constitu-tion. It’s about us following article I of the Constitution in regards to our abil-\nity to have oversight. \nI hear this stuff about witch hunt and \nabout politics and it gets me sick, be-cause I will tell you this: as a former law enforcement officer, we should be more worried about what lousy policies that Attorney General Holder has cov-ered up that caused the death of one of our own in protecting this country. That’s what this is all about. This is about holding people accountable. \nI hear a lot of things down here. But \nthe rule of law, when I was subpoenaed as a sheriff, we complied with the sub-poena. I understand that the Attorney General feels that he’s above the law in regards to the subpoena, and I under-stand the President’s come in to pro-tect him. \nBut we talk about this body and what \nthe American people think. How about we do the right thing, Mr. Speaker, and we move forward and do the right thing in regards to all the Attorney General has to do is comply with the subpoena. By saying that he’s bent over back-wards, I would suggest to you that under 8,000 pages of documents out of 140,000 is not bending over backwards. \nThis is about our constitutional re-\nsponsibility to provide oversight. This is about our constitutional responsi-bility to make sure that the Federal Government stays on track, that these executive branch decisions that are made don’t put more Americans at risk. \nNobody seems to care about the 200- \nplus Mexican nationals that have been killed. Obviously, Mexico cares because they want to indict those that were re-sponsible for coming up with this failed idea. \nb1340 \nThis is about Congress doing its con-\nstitutional responsibility, holding hearings to find out what happened. And when the Federal Government or branches of the Federal Government stand in the way and obstruct, that’s not the right thing to do. My friends on the other side of the aisle should be more concerned that the Attorney Gen-eral has said to the Congress: Guess what, you don’t matter. \nCongress does matter. Congress has a \nconstitutional responsibility, Mr. Speaker, to do just that, to have over-sight over the executive branch, and the subpoena is a tool to allow us to do that. And, unfortunately, this Attor-ney General feels he doesn’t have to comply. I beg to differ. \nI think the American people—but \nmore than that, the family of Officer Terry—deserve to know what tran-spired and what the end of this is. And I think that we should be protecting those law enforcement officers that are out there today. In the United States of America, they are going to be facing these same guns that were walked dur-ing Fast and Furious. If you read the transcripts, hundreds—hundreds—of guns walked. Some have been recov-ered in the United States. And, unfor-tunately, some have been recovered in \nMexico and have led to deaths in Mex-ico. One has to wonder how many of those guns are going to lead to deaths here in America. \nYou know, when I raised my hand, \nalong with everybody else, it was to support and defend the Constitution. When I raised my hand as a sheriff, it was to support and defend the Con-stitution. And when Officer Terry raised his hand, it was to support and defend the Constitution and the laws of the United States of America. \nWe owe it to all of our law enforce-\nment officers—Federal law enforce-ment officers, in particular—on this issue, to make sure that they’re pro-tected. And to all of our local law en-forcement officers who are going to be the first line of defense on the streets of our cities and counties, they have a right to know what this Attorney Gen-eral’s office and the leadership has done, not giving people a free pass be-cause it is expedient to do and because we really don’t want to hear what the absolute facts are. Let’s just push the facts aside. \nThose on the other side of the aisle \nreally don’t want to talk about the facts. They want to talk about it is a witch hunt or it’s politics. \nThe facts are clear. Officer Terry is \ndead. Officer Terry died because weap-ons were allowed to walk from the United States under the nose of the ATF and under the nose of the Attor-ney General’s office through an OCDETF case. Those are the facts. \nI would suggest that we should find \nout how did that come to pass. And then in regards to what was transpired and sent to Congress and Members of Congress about the fact that it didn’t really occur, and then 10 months later, Oh, by the way, you know that memo we sent, it wasn’t correct; we did, in fact, allow guns to walk. \nWe put law enforcement officers of \nthe United States of America at risk because this Federal Government had a botched idea and a bad idea. \nMr. NUGENT. With that, I yield back \nthe balance of my time, and I move the previous question on the resolution. \nThe previous question was ordered. The SPEAKER pro tempore. The \nquestion is on the resolution. \nThe question was taken; and the \nSpeaker pro tempore announced that the noes appeared to have it. \nMr. M\nCGOVERN. Mr. Speaker, on \nthat I demand the yeas and nays. \nThe yeas and nays were ordered. The SPEAKER pro tempore. Pursu-\nant to clause 8 of rule XX, this 15- minute vote on House Resolution 708 will be followed by 5-minute votes on suspending the rules and passing: H.R. 4251, if ordered; and H.R. 4005, if or-dered. \nThe vote was taken by electronic de-\nvice, and there were—yeas 254, nays 173, not voting 5, as follows: \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4175 June 28, 2012 \n[Roll No. 437] \nYEAS—254 \nAdams \nAderholt Akin Alexander Amash Amodei Austria Bachmann Bachus Barletta Barrow Bartlett Barton (TX) Bass (NH) Benishek Berg Biggert Bilbray Bilirakis Bishop (UT) Black Blackburn Bonner Bono Mack Boren Boswell Boustany Brady (TX) Brooks Broun (GA) Buchanan Bucshon Buerkle Burgess Burton (IN) Calvert Camp Campbell Canseco Cantor Capito Carter Cassidy Chabot Chaffetz Chandler Coble Coffman (CO) Cole Conaway Cravaack Crawford Crenshaw Culberson Davis (KY) Denham Dent DesJarlais Diaz-Balart Dold Donnelly (IN) Dreier Duffy Duncan (SC) Duncan (TN) Ellmers Emerson Farenthold Fincher Fitzpatrick Flake Fleischmann Fleming Flores Fortenberry Foxx Franks (AZ) Frelinghuysen Gallegly Gardner Garrett Gerlach Gibbs Gibson Gingrey (GA) Gohmert Goodlatte \nGosar Gowdy Granger Graves (GA) Graves (MO) Griffin (AR) Griffith (VA) Grimm Guinta Guthrie Hall Hanna Harper Harris Hartzler Hastings (WA) Hayworth Heck Hensarling Herger Herrera Beutler Hochul Huelskamp Huizenga (MI) Hultgren Hunter Hurt Issa Jenkins Johnson (IL) Johnson (OH) Johnson, Sam Jones Jordan Kelly Kind King (IA) King (NY) Kingston Kinzinger (IL) Kissell Kline Labrador Lamborn Lance Landry Lankford Latham LaTourette Latta LoBiondo Long Lucas Luetkemeyer Lummis Lungren, Daniel \nE. \nMack Manzullo Marchant Marino Matheson McCarthy (CA) McCaul McClintock McCotter McHenry McIntyre McKeon McKinley McMorris \nRodgers \nMeehan Mica Miller (FL) Miller (MI) Miller, Gary Mulvaney Murphy (PA) Myrick Neugebauer Noem Nugent Nunes Nunnelee Olson \nOwens Palazzo Paul Paulsen Pearce Pence Peterson Petri Pitts Platts Poe (TX) Pompeo Posey Price (GA) Quayle Rahall Reed Rehberg Reichert Renacci Ribble Rigell Rivera Roby Roe (TN) Rogers (AL) Rogers (KY) Rogers (MI) Rohrabacher Rokita Rooney Ros-Lehtinen Roskam Ross (AR) Ross (FL) Royce Runyan Ryan (WI) Scalise Schilling Schmidt Schock Schweikert Scott (SC) Scott, Austin Sensenbrenner Sessions Shimkus Shuster Simpson Smith (NE) Smith (NJ) Smith (TX) Southerland Stearns Stivers Stutzman \nSullivan Terry Thompson (PA) Thornberry Tiberi Tipton Turner (NY) Turner (OH) Upton Walberg Walden Walsh (IL) Walz (MN) Webster West Westmoreland Whitfield Wilson (SC) Wittman Wolf Womack Woodall Yoder Young (AK) Young (FL) Young (IN) \nNAYS—173 \nAckerman \nAltmire Andrews Baca Baldwin Barber Bass (CA) Becerra Berkley \nBerman Bishop (GA) Bishop (NY) Blumenauer Bonamici Brady (PA) Braley (IA) Brown (FL) \nButterfield Capps Capuano Carnahan Carney Carson (IN) Castor (FL) Chu \nCicilline Clarke (MI) Clarke (NY) Clay Cleaver Clyburn Cohen Connolly (VA) Conyers Cooper Costa Costello Courtney Critz Crowley Cuellar Cummings Davis (CA) Davis (IL) DeFazio DeGette DeLauro Deutch Dicks Dingell Doggett Doyle Edwards Ellison Engel Eshoo Farr Fattah Filner Frank (MA) Fudge Garamendi Gonzalez Green, Al Green, Gene Grijalva Gutierrez Hahn Hanabusa Hastings (FL) Heinrich Higgins Himes Hinchey Hinojosa Hirono \nHolden Holt Honda Hoyer Israel Jackson Lee \n(TX) \nJohnson (GA) Kaptur Keating Kildee Kucinich Langevin Larsen (WA) Larson (CT) Lee (CA) Levin Lewis (GA) Lipinski Loebsack Lofgren, Zoe Lowey Luja´n \nLynch Maloney Markey Matsui McCarthy (NY) McCollum McDermott McGovern McNerney Meeks Michaud Miller (NC) Miller, George Moore Moran Murphy (CT) Nadler Napolitano Neal Olver Pallone Pascrell Pastor (AZ) Pelosi Perlmutter Peters Pingree (ME) Polis \nPrice (NC) Quigley Rangel Reyes Richardson Richmond Rothman (NJ) Roybal-Allard Ruppersberger Rush Ryan (OH) Sa´nchez, Linda \nT. \nSanchez, Loretta Sarbanes Schakowsky Schiff Schrader Schwartz Scott (VA) Scott, David Serrano Sewell Sherman \nShuler Sires Slaughter Smith (WA) Speier Stark Sutton Thompson (CA) Thompson (MS) Tierney Tonko Towns Tsongas Van Hollen Vela´zquez \nVisclosky Wasserman \nSchultz \nWaters Watt Waxman Welch Wilson (FL) Woolsey Yarmuth \nNOT VOTING—5 \nCardoza \nForbes Jackson (IL) \nJohnson, E. B. Lewis (CA) \nb1407 \nMs. EDWARDS and Mr. COHEN \nchanged their vote from ‘‘yea’’ to ‘‘nay.’’ \nMr. DONNELLY of Indiana and Mrs. \nLUMMIS changed their vote from ‘‘nay’’ to ‘‘yea.’’ \nSo the resolution was agreed to. The result of the vote was announced \nas above recorded. \nA motion to reconsider was laid on \nthe table. \nf \nSECURING MARITIME ACTIVITIES \nTHROUGH RISK-BASED TAR-GETING FOR PORT SECURITY ACT \nThe SPEAKER pro tempore. The un-\nfinished business is the question on suspending the rules and passing the bill (H.R. 4251) to authorize, enhance, and reform certain port security pro-grams through increased efficiency and risk-based coordination within the De-partment of Homeland Security, and for other purposes, as amended. \nThe Clerk read the title of the bill. The SPEAKER pro tempore. The \nquestion is on the motion offered by the gentleman from New York (Mr. K\nING) that the House suspend the rules \nand pass the bill, as amended. \nThe question was taken. The SPEAKER pro tempore. In the \nopinion of the Chair, two-thirds being in the affirmative, the ayes have it. \nMr. DENT. Mr. Speaker, on that I de-\nmand the yeas and nays. \nThe yeas and nays were ordered. The SPEAKER pro tempore. This is a \n5-minute vote. \nThe vote was taken by electronic de-\nvice, and there were—yeas 402, nays 21, not voting 9, as follows: \n[Roll No. 438] \nYEAS—402 \nAckerman \nAdams Aderholt Akin Alexander Altmire Amodei Andrews Austria Baca Bachmann Bachus Baldwin Barber Barletta Barrow Bartlett Barton (TX) Bass (CA) Bass (NH) Benishek Berg Berkley Berman Biggert Bilbray Bilirakis Bishop (GA) Bishop (NY) Bishop (UT) Black Blackburn Blumenauer Bonamici Bonner Bono Mack Boren Boswell Boustany Brady (PA) Brady (TX) Braley (IA) Brooks Brown (FL) Buchanan Bucshon Buerkle Burgess Burton (IN) Butterfield Calvert Camp Campbell Canseco Cantor Capito Capps Capuano Carnahan Carney Carson (IN) Carter Cassidy Castor (FL) Chabot Chaffetz Chandler Chu Cicilline Clarke (MI) Clarke (NY) Clay Cleaver Clyburn Coble Coffman (CO) Cohen Cole Conaway Connolly (VA) Conyers Cooper Costa \nCostello Courtney Cravaack Crawford Crenshaw Critz Crowley Cuellar Culberson Cummings Davis (CA) Davis (IL) Davis (KY) DeFazio DeGette DeLauro Denham Dent DesJarlais Deutch Diaz-Balart Dicks Dingell Doggett Dold Donnelly (IN) Doyle Dreier Duffy Edwards Ellison Ellmers Engel Eshoo Farenthold Farr Fattah Filner Fincher Fitzpatrick Fleming Flores Forbes Fortenberry Foxx Frank (MA) Franks (AZ) Frelinghuysen Fudge Gallegly Garamendi Gardner Garrett Gerlach Gibbs Gibson Gingrey (GA) Gohmert Gonzalez Goodlatte Gosar Gowdy Granger Graves (GA) Graves (MO) Green, Al Green, Gene Griffin (AR) Griffith (VA) Grijalva Grimm Guinta Guthrie Gutierrez Hahn Hall Hanabusa Hanna Harper Harris Hartzler Hastings (FL) \nHastings (WA) Hayworth Heck Heinrich Hensarling Herger Herrera Beutler Higgins Himes Hinchey Hinojosa Hirono Hochul Holden Holt Honda Hoyer Huizenga (MI) Hultgren Hunter Hurt Israel Issa Jackson Lee \n(TX) \nJenkins Johnson (GA) Johnson (IL) Johnson (OH) Johnson, Sam Jordan Keating Kelly Kildee Kind King (IA) King (NY) Kinzinger (IL) Kissell Kline Lamborn Lance Landry Langevin Lankford Larsen (WA) Larson (CT) Latham LaTourette Latta Lee (CA) Levin Lewis (GA) Lipinski LoBiondo Loebsack Lofgren, Zoe Long Lowey Lucas Luetkemeyer Luja´n \nLungren, Daniel \nE. \nLynch Mack Maloney Marchant Marino Markey Matheson Matsui McCarthy (CA) McCarthy (NY) McCaul McClintock McCollum McCotter McDermott McGovern McHenry \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4176 June 28, 2012 \nMcIntyre \nMcKeon McKinley McMorris \nRodgers \nMcNerney Meehan Meeks Mica Michaud Miller (FL) Miller (MI) Miller (NC) Miller, Gary Miller, George Moore Moran Mulvaney Murphy (CT) Murphy (PA) Myrick Nadler Napolitano Neal Neugebauer Noem Nugent Nunes Nunnelee Olson Olver Owens Palazzo Pallone Pascrell Pastor (AZ) Paulsen Pearce Pelosi Pence Perlmutter Peters Peterson Petri Pingree (ME) Pitts Platts Poe (TX) Pompeo Price (GA) Price (NC) Quayle Quigley Rahall Rangel \nReed Rehberg Reichert Renacci Reyes Richardson Richmond Rigell Rivera Roby Roe (TN) Rogers (AL) Rogers (KY) Rogers (MI) Rohrabacher Rokita Rooney Ros-Lehtinen Roskam Ross (AR) Ross (FL) Rothman (NJ) Roybal-Allard Royce Runyan Ruppersberger Rush Ryan (OH) Ryan (WI) Sa´nchez, Linda \nT. \nSanchez, Loretta Sarbanes Scalise Schakowsky Schiff Schilling Schmidt Schock Schrader Schwartz Schweikert Scott (SC) Scott (VA) Scott, Austin Scott, David Sensenbrenner Serrano Sessions Sewell Sherman Shimkus Shuler Shuster \nSimpson Sires Slaughter Smith (NE) Smith (NJ) Smith (TX) Smith (WA) Southerland Speier Stark Stearns Stivers Stutzman Sullivan Sutton Terry Thompson (CA) Thompson (MS) Thompson (PA) \nThornberry Tiberi Tierney Tipton Tonko Towns Tsongas Turner (NY) Turner (OH) Upton Van Hollen Vela´zquez \nVisclosky Walberg Walden Walz (MN) Wasserman \nSchultz \nWaters Watt Waxman Webster Whitfield Wilson (FL) Wilson (SC) Wittman Wolf Womack Yarmuth Yoder Young (AK) Young (FL) Young (IN) \nNAYS—21 \nAmash \nBroun (GA) Duncan (SC) Duncan (TN) Emerson Flake Huelskamp Jones \nKingston Kucinich Labrador Lummis Paul Polis Posey \nRibble Walsh (IL) Welch West Westmoreland Woodall \nNOT VOTING—9 \nBecerra Cardoza Fleischmann Jackson (IL) \nJohnson, E. B. Kaptur Lewis (CA) \nManzullo Woolsey \nANNOUNCEMENT BY THE SPEAKER PRO TEMPORE \nThe SPEAKER pro tempore (during \nthe vote). There are 2 minutes remain-ing. \nb1415 \nMessrs. KINGSTON, WESTMORE-\nLAND, and RIBBLE changed their vote from ‘‘yea’’ to ‘‘nay.’’ \nSo (two-thirds being in the affirma-\ntive) the rules were suspended and the bill, as amended, was passed. \nThe result of the vote was announced \nas above recorded. \nA motion to reconsider was laid on \nthe table. \nStated for: Mr. FLEISCHMANN. Mr. Speaker, on rollcall \nNo. 438 I was unavoidably detained. Had I been present, I would have voted ‘‘yea.’’ \nMr. BECERRA. Mr. Speaker, earlier today I \nwas unavoidably detained and missed rollcall vote 438. If present, I would have voted ‘‘yea’’ on rollcall vote 438. \nStated against: Mr. LANDRY. Mr. Speaker, on rollcall No. \n438 I inadvertently voted ‘‘yea.’’ I meant to vote ‘‘nay’’ because of the drone issue. \nf \nGAUGING AMERICAN PORT \nSECURITY ACT \nThe SPEAKER pro tempore. The un-\nfinished business is the question on suspending the rules and passing the bill (H.R. 4005) to direct the Secretary of Homeland Security to conduct a study and report to Congress on gaps in port security in the United States and a plan to address them, as amended. \nThe Clerk read the title of the bill. The SPEAKER pro tempore. The \nquestion is on the motion offered by the gentleman from New York (Mr. K\nING) that the House suspend the rules \nand pass the bill, as amended. \nThe question was taken. The SPEAKER pro tempore. In the \nopinion of the Chair, two-thirds being in the affirmative, the ayes have it. \nMr. GOSAR. Mr. Speaker, on that I \ndemand the yeas and nays. \nThe yeas and nays were ordered. The SPEAKER pro tempore. This is a \n5-minute vote. \nThe vote was taken by electronic de-\nvice, and there were—yeas 411, nays 9, not voting 12, as follows: \n[Roll No. 439] \nYEAS—411 \nAckerman \nAdams Aderholt Akin Alexander Altmire Amodei Andrews Austria Baca Bachmann Bachus Baldwin Barber Barletta Barrow Bartlett Barton (TX) Bass (CA) Bass (NH) Becerra Benishek Berg Berkley Berman Biggert Bilbray Bilirakis Bishop (GA) Bishop (NY) Bishop (UT) Black Blumenauer Bonamici Bonner Bono Mack Boren Boswell Boustany Brady (PA) Braley (IA) Brooks Broun (GA) Brown (FL) Buchanan Bucshon Buerkle Burgess Burton (IN) Butterfield Calvert Camp Campbell Canseco \nCantor Capito Capps Capuano Carnahan Carney Carson (IN) Carter Cassidy Castor (FL) Chabot Chaffetz Chandler Chu Cicilline Clarke (MI) Clarke (NY) Clay Cleaver Clyburn Coble Coffman (CO) Cohen Cole Conaway Connolly (VA) Conyers Cooper Costa Costello Courtney Cravaack Crawford Crenshaw Critz Crowley Cuellar Culberson Cummings Davis (CA) Davis (IL) Davis (KY) DeFazio DeGette DeLauro Denham Dent DesJarlais Deutch Diaz-Balart Dicks Dingell Doggett \nDold Donnelly (IN) Doyle Dreier Duffy Duncan (SC) Duncan (TN) Edwards Ellison Ellmers Emerson Engel Eshoo Farenthold Farr Fattah Filner Fincher Fitzpatrick Fleischmann Fleming Flores Forbes Fortenberry Foxx Franks (AZ) Frelinghuysen Fudge Gallegly Garamendi Gardner Garrett Gerlach Gibbs Gibson Gingrey (GA) Gohmert Gonzalez Goodlatte Gosar Gowdy Granger Graves (GA) Graves (MO) Green, Al Green, Gene Griffin (AR) Griffith (VA) Grijalva Grimm Guinta Guthrie Gutierrez \nHahn Hall Hanabusa Hanna Harper Harris Hartzler Hastings (FL) Hastings (WA) Hayworth Heck Heinrich Hensarling Herger Herrera Beutler \nHiggins Himes Hinchey Hinojosa Hirono Hochul Holden Holt Honda Hoyer Huelskamp Huizenga (MI) Hultgren Hunter Hurt Israel Issa Jackson Lee \n(TX) \nJenkins Johnson (GA) Johnson (IL) Johnson (OH) Johnson, Sam Jones Jordan Keating Kelly Kildee Kind King (IA) King (NY) Kingston Kinzinger (IL) Kissell Kline Labrador Lamborn Lance Landry Langevin Lankford Larsen (WA) Larson (CT) Latham Latta Lee (CA) Levin Lewis (GA) Lipinski LoBiondo Loebsack Lofgren, Zoe Long Lowey Lucas Luetkemeyer Lungren, Daniel \nE. \nLynch Mack Maloney Marchant Marino Markey Matheson Matsui McCarthy (CA) McCarthy (NY) McCaul McClintock \nMcCollum McCotter McDermott McGovern McHenry McIntyre McKeon McKinley McMorris \nRodgers \nMcNerney Meehan Meeks Mica Michaud \nMiller (FL) Miller (MI) Miller (NC) Miller, Gary Miller, George Moore Moran Mulvaney Murphy (CT) Murphy (PA) Myrick Nadler Napolitano Neal Neugebauer Noem Nugent Nunes Nunnelee Olson Olver Owens Palazzo Pallone Pascrell Pastor (AZ) Paulsen Pearce Pelosi Pence Perlmutter Peters Peterson Petri Pingree (ME) Pitts Platts Poe (TX) Polis Pompeo Posey Price (GA) Price (NC) Quayle Quigley Rahall Reed Rehberg Reichert Renacci Reyes Richardson Richmond Rigell Rivera Roby Roe (TN) Rogers (AL) Rogers (KY) Rogers (MI) Rohrabacher Rokita Rooney Ros-Lehtinen Roskam Ross (AR) Ross (FL) Rothman (NJ) Roybal-Allard Royce Runyan \nRuppersberger Rush Ryan (OH) Ryan (WI) \nSa´nchez, Linda \nT. \nSanchez, Loretta Sarbanes Scalise Schakowsky Schiff Schilling Schmidt Schock Schrader Schwartz Schweikert Scott (SC) Scott (VA) Scott, Austin Scott, David Sensenbrenner Serrano Sessions Sewell Sherman Shimkus Shuler Shuster Simpson Sires Slaughter Smith (NE) Smith (NJ) Smith (TX) Smith (WA) Southerland Speier Stark Stearns Stivers Stutzman Sullivan Sutton Thompson (CA) Thompson (MS) Thompson (PA) Thornberry Tiberi Tierney Tipton Tonko Towns Tsongas Turner (NY) Turner (OH) Upton Van Hollen Vela´zquez \nVisclosky Walberg Walden Walz (MN) Wasserman \nSchultz \nWaters Watt Waxman Webster Welch West Westmoreland Wilson (FL) Wilson (SC) Wittman Wolf Womack Woodall Woolsey Yarmuth Yoder Young (AK) Young (FL) Young (IN) \nNAYS—9 \nAmash \nBlackburn Flake Kucinich \nLummis Paul Ribble \nTerry Walsh (IL) \nNOT VOTING—12 \nBrady (TX) Cardoza Frank (MA) Jackson (IL) Johnson, E. B. \nKaptur LaTourette Lewis (CA) Luja´n \nManzullo Rangel Whitfield \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4177 June 28, 2012 \n1McGrain v. Daugherty , 273 U.S. 135, 174 (1927). \n2Watkins v. United States , 354 U.S. 178, 187 (1957). \n3U.S. CONST., art. I, 5, clause 2. \n4House rule X, clause (4)(c)(2). \n5Id. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE \nThe SPEAKER pro tempore (during \nthe vote). There are 2 minutes remain-ing. \nb1423 \nSo (two-thirds being in the affirma-\ntive) the rules were suspended and the bill, as amended, was passed. \nThe result of the vote was announced \nas above recorded. \nA motion to reconsider was laid on \nthe table. \nf \nNOTICE OF INTENTION TO OFFER \nRESOLUTION RAISING A QUES-TION OF THE PRIVILEGES OF THE HOUSE \nMs. JACKSON LEE of Texas. Mr. \nSpeaker, pursuant to clause 2(a)(1) of rule IX, I rise to give notice of my in-tent to raise a question of the privi-leges of the House. \nThe form of the resolution is as fol-\nlows: \nWhereas the chair of the Committee on \nOversight and Government Reform has inter-fered with the work of an independent agen-cy and pressured an administrative law judge of the National Labor Relations Board by compelling the production of documents re-lated to an ongoing case, something inde-pendent experts said ‘‘could seriously under-mine the authority of those charged with en-forcing the nation’s labor laws’’ and which the House Ethics Manual discourages by not-ing that ‘‘Federal courts have nullified ad-ministrative decisions on grounds of due process and fairness towards all of the par-ties when congressional interference with ongoing administrative proceedings may have unduly influenced the outcome’’; \nWhereas the chair of the Committee on \nOversight and Government Reform has po-liticized investigations by rolling back long-standing bipartisan precedents, including by authorizing subpoenas without the concur-rence of the ranking member or a committee vote, by refusing to share documents and other information with the ranking member, and restricting the minority’s right to call witnesses at hearings; \nWhereas the chair of the Committee on \nOversight and Government Reform has jeop-ardized an ongoing criminal investigation by publicly releasing documents that his own staff has admitted were under court seal; \nWhereas the chair of the Committee on \nOversight and Government Reform has uni-laterally subpoenaed a witness who was ex-pected to testify at an upcoming Federal trial, despite longstanding precedent and ob-jections from the Department of Justice that such a step could cause complications at a trial and potentially jeopardize a criminal conviction; \nWhereas the chair of the Committee on \nOversight and Government Reform has en-gaged in a witch hunt, through the use of re-peated incorrect and uncorroborated state-ments in the committee’s ‘‘Fast and Furi-ous’’ investigation; and \nWhereas the chair of the Committee on \nOversight and Government Reform has cho-sen to call the Attorney General of the United States a liar on national television without corroborating evidence and has ex-hibited unprofessional behavior which could result in jeopardizing an ongoing Committee investigation into Operation Fast and Furi-ous: Now, therefore, be it \nResolved, That the House of Representa-\ntives disapproves of the behavior of the chair for interfering with ongoing criminal inves-\ntigations; insisting on a personal attack against the attorney general of the united states; and for calling the Attorney General of the United States a liar on national tele-vision without corroborating evidence there-by discredit to the integrity of the House. \nThe SPEAKER pro tempore. Under \nrule IX, a resolution offered from the floor by a Member other than the ma-jority leader or the minority leader as a question of the privileges of the House has immediate precedence only at a time designated by the Chair with-in 2 legislative days after the resolu-tion is properly noticed. \nPending that designation, the form of \nthe resolution noticed by the gentle-woman from Texas will appear in the R\nECORD at this point. \nThe Chair will not at this point de-\ntermine whether the resolution con-stitutes a question of privilege. That determination will be made at the time designated for consideration of the res-olution. \nf \nb1430 \nRECOMMENDING THAT ATTORNEY \nGENERAL ERIC HOLDER BE FOUND IN CONTEMPT OF CON-GRESS \nMr. ISSA. Mr. Speaker, by direction \nof the Committee on Oversight and Government Reform, I call up the re-port (H.Rept. 112–546) to accompany resolution recommending that the House of Representatives find Eric H. Holder, Jr., Attorney General, U.S. De-partment of Justice, in contempt of Congress for refusal to comply with a subpoena duly issued by the Committee on Oversight and Government Reform. \nThe Clerk read the title of the report. The SPEAKER pro tempore. Pursu-\nant to House Resolution 708, the report is considered read. \nThe text of the report is as follows: \nThe Committee on Oversight and Govern-\nment Reform, having considered this Report, report favorably thereon and recommend that the Report be approved. \nThe form of the resolution that the Com-\nmittee on Oversight and Government Reform would recommend to the House of Represent-atives for citing Eric H. Holder, Jr., Attor-ney General, U.S. Department of Justice, for contempt of Congress pursuant to this report is as follows: \nResolved , That Eric H. Holder, Jr., Attor-\nney General of the United States, shall be found to be in contempt of Congress for fail-ure to comply with a congressional sub-poena. \nResolved , That pursuant to 2 U.S.C. 192 and \n194, the Speaker of the House of Representa-tives shall certify the report of the Com-mittee on Oversight and Government Re-form, detailing the refusal of Eric H. Holder, Jr., Attorney General, U.S. Department of Justice, to produce documents to the Com-mittee on Oversight and Government Reform as directed by subpoena, to the United States Attorney for the District of Colum-bia, to the end that Mr. Holder be proceeded against in the manner and form provided by law. \nResolved , That the Speaker of the House \nshall otherwise take all appropriate action to enforce the subpoena. I. EXECUTIVE SUMMARY \nThe Department of Justice has refused to \ncomply with congressional subpoenas related to Operation Fast and Furious, an Adminis-tration initiative that allowed around two thousand firearms to fall into the hands of drug cartels and may have led to the death of a U.S. Border Patrol Agent. The con-sequences of the lack of judgment that per-mitted such an operation to occur are tragic. \nThe Department’s refusal to work with \nCongress to ensure that it has fully complied with the Committee’s efforts to compel the production of documents and information re-lated to this controversy is inexcusable and cannot stand. Those responsible for allowing Fast and Furious to proceed and those who are preventing the truth about the operation from coming out must be held accountable for their actions. \nHaving exhausted all available options in \nobtaining compliance, the Chairman of the Oversight and Government Reform Com-mittee recommends that Congress find the Attorney General in contempt for his failure to comply with the subpoena issued to him. \nII. AUTHORITY AND PURPOSE \nAn important corollary to the powers ex-\npressly granted to Congress by the Constitu-tion is the implicit responsibility to perform rigorous oversight of the Executive Branch. The U.S. Supreme Court has recognized this Congressional power on numerous occasions. For example, in McGrain v. Daugherty , the \nCourt held that ‘‘the power of inquiry—with process to enforce it—is an essential and ap-propriate auxiliary to the legislative func-tion. . . . A legislative body cannot legislate wisely or effectively in the absence of infor-mation respecting the conditions which the legislation is intended to affect or change, and where the legislative body does not itself possess the requisite information—which not infrequently is true—recourse must be had to others who do possess it.’’\n1Further, in \nWatkins v. United States , Chief Justice War-\nren wrote for the majority: ‘‘The power of Congress to conduct investigations is inher-ent in the legislative process. That power is broad.’’\n2 \nBoth the Legislative Reorganization Act of \n1946 (P.L. 79–601), which directed House and Senate Committees to ‘‘exercise continuous watchfulness’’ over Executive Branch pro-grams under their jurisdiction, and the Leg-islative Reorganization Act of 1970 (P.L. 91– 510), which authorized committees to ‘‘re-view and study, on a continuing basis, the application, administration and execution’’ of laws, codify the oversight powers of Con-gress. \nThe Committee on Oversight and Govern-\nment Reform is a standing committee of the House of Representatives, duly established pursuant to the Rules of the House of Rep-resentatives, which are adopted pursuant to the Rulemaking Clause of the Constitution.\n3 \nHouse rule X grants to the Committee broad oversight jurisdiction, including authority to ‘‘conduct investigations of any matter without regard to clause 1, 2, 3, or this clause [of House rule X] conferring jurisdiction over the matter to another standing com-mittee.’’\n4The rules direct the Committee to \nmake available ‘‘the findings and rec-ommendations of the committee . . . to any other standing committee having jurisdic-tion over the matter involved.’’\n5 \nHouse rule XI specifically authorizes the \nCommittee to ‘‘require, by subpoena or oth-erwise, the attendance and testimony of such \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4178 June 28, 2012 \n6House rule XI, clause (2)(m)(1)(B). \n7House rule XI, clause (2)(m)(3)(A)(i). 8E-mail from [Dep’t of Justice] on behalf of Dep-\nuty Att’y Gen. David Ogden to Kathryn Ruemmler, et al. (Oct. 26, 2009). 9Transcribed Interview of Special Agent Peter \nForcelli, at 53–54 (Apr. 28, 2011). \n10E-mail from Kevin Simpson, Intelligence Officer, \nPhoenix FIG, ATF, to David Voth (Dec. 18, 2009). \n11Id. \n12Id. witnesses and the production of such books, \nrecords, correspondence, memoranda, papers, and documents as it considers necessary.’’\n6 \nThe rule further provides that the ‘‘power to authorize and issue subpoenas’’ may be dele-gated to the Committee chairman.\n7The sub-\npoenas discussed in this report were issued pursuant to this authority. \nThe Committee’s investigation into ac-\ntions by senior officials in the U.S. Depart-ment of Justice and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) in designing, implementing, and supervising the execution of Operation Fast and Furious, and subsequently providing false denials to Congress, is being undertaken pursuant to the authority delegated to the Committee under House Rule X as described above. \nThe oversight and legislative purposes of \nthe investigations are (1) to examine and ex-pose any possible malfeasance, abuse of au-thority, or violation of existing law on the part of the executive branch with regard to the conception and implementation of Oper-ation Fast and Furious, and (2) based on the results of the investigation, to assess wheth-er the conduct uncovered may warrant addi-tions or modifications to federal law and to make appropriate legislative recommenda-tions. \nIn particular, the Committee’s investiga-\ntion has highlighted the need to obtain infor-mation that will aid Congress in considering whether a revision of the statutory provi-sions governing the approval of federal wire-tap applications may be necessary. The major breakdown in the process that oc-curred with respect to the Fast and Furious wiretap applications necessitates careful ex-amination of the facts before proposing a legislative remedy. Procedural improve-ments may need to be codified in statute to mandate immediate action in the face of highly objectionable information relating to operational tactics and details contained in future applications. \nThe Committee’s investigation has called \ninto question the ability of ATF to carry out its statutory mission and the ability of the Department of Justice to adequately super-vise it. The information sought is needed to consider legislative remedies to restructure ATF as needed. \nIII. BACKGROUND ON THE COMMITTEE’S \nINVESTIGATION \nIn February 2011, the Oversight and Gov-\nernment Reform Committee joined Senator Charles E. Grassley, Ranking Member of the Senate Committee on the Judiciary, in in-vestigating Operation Fast and Furious, a program conducted by ATF. On March 16, 2011, Chairman Darrell Issa wrote to then- Acting ATF Director Kenneth E. Melson re-questing documents and information regard-ing Fast and Furious. Responding for Melson and ATF, the Department of Justice did not provide any documents or information to the \nCommittee by the March 30, 2011, deadline. The Committee issued a subpoena to Melson the next day. The Department produced zero pages of non-public documents pursuant to that subpoena until June 10, 2011, on the eve of the Committee’s first Fast and Furious hearing. \nOn June 13, 2011, the Committee held a \nhearing entitled ‘‘Obstruction of Justice: Does the Justice Department Have to Re-spond to a Lawfully Issued and Valid Con-gressional Subpoena?’’ The Committee held a second hearing on June 15, 2011, entitled ‘‘Operation Fast and Furious: Reckless Deci-sions, Tragic Outcomes.’’ The Committee held a third hearing on July 26, 2011, entitled ‘‘Operation Fast and Furious: The Other Side of the Border.’’ On October 11, 2011, the Justice Depart-\nment informed the Committee its document production pursuant to the March 31, 2011, subpoena was complete. The next day, the Committee issued a detailed subpoena to At-torney General Eric Holder for additional documents related to Fast and Furious. \nOn February 2, 2012, the Committee held a \nhearing entitled ‘‘Fast and Furious: Manage-ment Failures at the Department of Jus-tice.’’ The Attorney General testified at that hearing. \nThe Committee has issued two staff re-\nports documenting its initial investigative findings. The first, The Department of Justice’s \nOperation Fast and Furious: Accounts of ATF Agents , was released on June 14, 2011. The \nsecond, The Department of Justice’s Operation \nFast and Furious: Fueling Cartel Violence, was \nreleased on July 26, 2011. \nThroughout the investigation, the Com-\nmittee has made numerous attempts to ac-commodate the interests of the Department of Justice. Committee staff has conducted numerous meetings and phone conversations with Department lawyers to clarify and highlight priorities with respect to the sub-poenas. Committee staff has been flexible in scheduling dates for transcribed interviews; agreed to review certain documents in cam-\nera; allowed extensions of production dead-\nlines; agreed to postpone interviewing the Department’s key Fast and Furious trial witness; and narrowed the scope of docu-ments the Department must produce to be in compliance with the subpoena and to avoid contempt proceedings. \nDespite the Committee’s flexibility, the \nDepartment has refused to produce certain documents to the Committee. The Depart-ment has represented on numerous occasions that it will not produce broad categories of documents. The Department has not pro-vided a privilege log delineating with par-ticularity why certain documents are being withheld. \nThe Department’s efforts at accommoda-\ntion and ability to work with the Committee regarding its investigation into Fast and Fu-rious have been wholly inadequate. The Com-mittee requires the subpoenaed documents to meet its constitutionally mandated over-sight and legislative duties. \nIV. OPERATION FAST AND FURIOUS: \nBREAKDOWNS AT ALL LEVELS OF THE DEPARTMENT OF JUSTICE \nThe story of Operation Fast and Furious is \none of widespread dysfunction across numer-ous components of the Department of Jus-tice. This dysfunction allowed Fast and Furi-ous to originate and grow at a local level be-fore senior officials at Department of Justice headquarters ultimately approved and au-thorized it. The dysfunction within and among Department components continues to this day. \nA. T\nHEATF P HOENIX FIELD DIVISION \nIn October 2009, the Office of the Deputy \nAttorney General (ODAG) in Washington, D.C. promulgated a new strategy to combat gun trafficking along the Southwest Border. This new strategy directed federal law en-forcement to shift its focus away from seiz-ing firearms from criminals as soon as pos-sible, and to focus instead on identifying members of trafficking networks. The Office of the Deputy Attorney General shared this strategy with the heads of many Department components, including ATF.\n8 \nMembers of the ATF Phoenix Field Divi-\nsion, led by Special Agent in Charge Bill Newell, became familiar with this new strat-egy and used it in creating Fast and Furious. In mid-November 2009, just weeks after the \nstrategy was issued, Fast and Furious began. Its objective was to establish a nexus be-tween straw purchasers of firearms in the United States and Mexican drug-trafficking organizations (DTOs) operating on both sides of the United States-Mexico border. Straw purchasers are individuals who are legally entitled to purchase firearms for themselves, but who unlawfully purchase weapons with the intent to transfer them to someone else, in this case DTOs or other criminals. \nDuring Fast and Furious, ATF agents used \nan investigative technique known as ‘‘gunwalking’’—that is, allowing illegally- purchased weapons to be transferred to third parties without attempting to disrupt or deter the illegal activity. ATF agents aban-doned surveillance on known straw pur-chasers after they illegally purchased weap-ons that ATF agents knew were destined for Mexican drug cartels. Many of these trans-actions established probable cause for agents to interdict the weapons or arrest the posses-sors, something every agent was trained to do. Yet, Fast and Furious aimed instead to allow the transfer of these guns to third par-ties. In this manner, the guns fell into the hands of DTOs, and many would turn up at crime scenes. ATF then traced these guns to their original straw purchaser, in an attempt to establish a connection between that indi-vidual and the DTO. \nFederal Firearms Licensees (FFLs), who \ncooperated with ATF, were an integral com-ponent of Fast and Furious. Although some FFLs were reluctant to continue selling weapons to suspicious straw purchasers, ATF encouraged them to do so, reassuring the FFLs that ATF was monitoring the buyers and that the weapons would not fall into the wrong hands.\n9ATF worked with FFLs on or \nabout the date of sale to obtain the unique serial number of each firearm sold. Agents entered these serial numbers into ATF’s Sus-pect Gun Database within days after the pur-chase. Once these firearms were recovered at crime scenes, the Suspect Gun Database al-lowed for expedited tracing of the firearms to their original purchasers. \nBy December 18, 2009, ATF agents assigned \nto Fast and Furious had already identified fifteen interconnected straw purchasers in the targeted gun trafficking ring. These straw purchasers had already purchased 500 firearms.\n10In a biweekly update to Bill New-\nell, ATF Group Supervisor David Voth ex-plained that 50 of the 500 firearms purchased by straw buyers had already been recovered in Mexico or near the Mexican border.\n11 \nThese guns had time-to-crimes of as little as one day, strongly indicating straw pur-chasing.\n12 \nStarting in late 2009, many line agents ob-\njected vociferously to some of the techniques used during Fast and Furious, including gunwalking. The investigation continued for another year, however, until shortly after December 15, 2010, when two weapons from Fast and Furious were recovered at the mur-der scene of U.S. Border Patrol Agent Brian Terry. \nPursuant to the Deputy Attorney Gen-\neral’s strategy, in late January 2010 the ATF Phoenix Field Division applied for Fast and Furious to become an Organized Crime Drug Enforcement Task Force (OCDETF) case. In preparation for the OCDETF application process, the ATF Phoenix Field Division pre-pared a briefing paper detailing the inves-tigative strategy employed in Fast and Furi-ous. This document was not initially pro-duced by the Department pursuant to its \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4179 June 28, 2012 \n13Phoenix Group VII, Phoenix Field Division, \nATF, Briefing Paper (Jan. 8, 2010). \n14Transcribed Interview of Special Agent in \nCharge William Newell, at 32–33 (June 8, 2011). \n15Transcribed Interview of Special Agent Larry \nAlt, at 94 (Apr. 27, 2011). \n16Interview with Lorren Leadmon, Intelligence \nOperations Analyst, Washington, D.C., July 5, 2011 [hereinafter Leadmon Interview]. 17Oversight of the U.S. Department of Justice: Hear-\ning Before the S. Comm. on the Judiciary, 112th Cong. \n(May 4, 2011) (Questions for the Record of Hon. Eric H. Holder, Jr., Att’y Gen. of the U.S.). \n18Leadmon Interview, supra note 16. \n19Transcribed Interview of Deputy Ass’t Dir. Steve \nMartin, ATF, at 36 (July 6, 2011) [hereinafter Martin Tr.]. \n20See generally ‘‘Operation the Fast and the Furi-\nous’’ Presentation, Mar. 5, 2010. \n21E-mail from Mark Chait to Kenneth Melson and \nWilliam Hoover (Feb. 24, 2010) [HOGR 001426]. \n22Transcribed Interview of William Hoover, ATF \nDeputy Director, at 9 (July 21, 2011). \n23Id. at 72. \n24E-mail from Douglas Palmer, Supervisor Group \nV, ATF, to William Newell, ATF (Apr. 27, 2010). \n25E-mail from Kenneth Melson to Mark Chait, et \nal., (July 14, 2010) [HOGR 002084]. \n26E-mail from Mark Chait to William Newell (Oct. \n29, 2010) [HOGR 001890]. 27E-mail from Jason Weinstein to Lanny Breuer \n(Sept. 10, 2009) [HOGR 003378]. \n28E-mail from James Trusty to Laura Gwinn \n(Sept. 2, 2009) [HOGR 003375]. \n29E-mail from James Trusty to Laura Gwinn \n(Sept. 3, 2009) [HOGR 003376]. \n30E-mail from Laura Gwinn to James Trusty \n(Sept. 3, 2009) [HOGR 003377]. \n31E-mail from Kenneth Melson to Lanny Breuer \n(Dec. 3, 2009) [HOGR 003403]. \n32E-mail from Lanny Breuer to Kenneth Melson \n(Dec. 4, 2009) [HOGR 003403]. \n33E-mail from Kevin Carwile to Jason Weinstein \n(Mar. 16, 2010) [HOGR 002832]. subpoena, but rather was obtained by a con-\nfidential source. The briefing paper stated: \nCurrently our strategy is to allow the \ntransfer of firearms to continue to take place, albeit at a much slower pace, in order to further the investigation and allow for the identification of additional co-conspirators who would continue to operate and illegally traffic firearms to Mexican DTOs which are perpetrating armed violence along the Southwest Border.\n13 \nFast and Furious was approved as an \nOCDETF case, and this designation resulted in new operational funding. Additionally, Fast and Furious became a prosecutor-led OCDETF Strike Force case, meaning that ATF would join with the Federal Bureau of Investigation, Drug Enforcement Adminis-tration, Internal Revenue Service, and Im-migrations and Customs Enforcement under the leadership of the U.S. Attorney’s Office for the District of Arizona. \nB. T\nHEUNITED STATES ATTORNEY ’SOFFICE \nFOR THE DISTRICT OF ARIZONA \nThe U.S. Attorney’s Office for the District \nof Arizona led the Fast and Furious OCDETF Strike Force. Although ATF was the lead law enforcement agency for Fast and Furi-ous, its agents took direction from prosecu-tors in the U.S. Attorney’s Office. The lead federal prosecutor for Fast and Furious was Assistant U.S. Attorney Emory Hurley, who played an integral role in the day-to-day, tactical management of the case.\n14 \nMany ATF agents working on Operation \nFast and Furious came to believe that some of the most basic law enforcement tech-niques used to interdict weapons required the explicit approval of the U.S. Attorney’s Office, and specifically from Hurley. On nu-merous occasions, Hurley and other federal prosecutors withheld this approval, to the mounting frustration of ATF agents.\n15The \nU.S. Attorney’s Office chose not to use other available investigative tools common in gun trafficking cases, such as civil forfeitures and seizure warrants, during the seminal pe-riods of Fast and Furious. \nThe U.S. Attorney’s Office advised ATF \nthat agents needed to meet unnecessarily strict evidentiary standards in order to speak with suspects, temporarily detain them, or interdict weapons. ATF’s reliance on this advice from the U.S. Attorney’s Of-fice during Fast and Furious resulted in many lost opportunities to interdict weap-ons. \nIn addition to leading the Fast and Furious \nOCDETF task force, the U.S. Attorney’s Of-\nfice was instrumental in preparing the wire-tap applications that were submitted to the Justice Department’s Criminal Division. Federal prosecutors in Arizona filed at least six of these applications, each containing immense detail about operational tactics and specific information about straw pur-chasers, in federal court after Department headquarters authorized them. \nC. ATF H\nEADQUARTERS \nFast and Furious first came to the atten-\ntion of ATF Headquarters on December 8, 2009, just weeks after the case was officially opened in Phoenix. ATF’s Office of Strategic Information and Intelligence (OSII) briefed senior ATF personnel about the case on De-cember 8, 2009, discussing in detail a large re-covery of Fast and Furious weapons in Naco, Sonora, Mexico.\n16 The next day, December 9, 2009, the Acting \nATF Director first learned about Fast and Furious and the large recovery of weapons that had already occurred.\n17The following \nweek, OSII briefed senior ATF officials about another large cache of Fast and Furious weapons that had been recovered in Mexico.\n18 \nOn January 5, 2010, OSII presented senior \nATF officials with a summary of all of the weapons that could be linked to known straw purchasers in Fast and Furious. In just two months, these straw purchasers bought a total of 685 guns. This number raised the ire of several individuals in the room, who ex-pressed concerns about the growing oper-ation.\n19 \nOn March 5, 2010, ATF headquarters hosted \na larger, more detailed briefing on Operation Fast and Furious. David Voth, the Group Su-pervisor overseeing Fast and Furious, trav-eled from Phoenix to give the presentation. He gave an extremely detailed synopsis of the status of the investigation, including the number of guns purchased, weapons seizures to date, money spent by straw purchasers, and organizational charts of the relation-ships among straw purchasers and to mem-bers of the Sinaloa drug cartel. At that point, the straw purchasers had bought 1,026 weapons, costing nearly $650,000.\n20 \nNATF’s Phoenix Field Division informed \nATF headquarters of large weapons recov-eries tracing back to Fast and Furious. The Phoenix Field Division had frequently for-warded these updates directly to Deputy ATF Director Billy Hoover and Acting ATF Director Ken Melson.\n21When Hoover learned \nabout how large Fast and Furious had grown in March 2010, he finally ordered the develop-ment of an exit strategy.\n22This exit strat-\negy, something Hoover had never before re-quested in any other case, was a timeline for ATF to wind down the case.\n23 \nThough Hoover commissioned the exit \nstrategy in March, he did not receive it until early May. The three-page document out-lined a 30-, 60-, and 90-day strategy for wind-ing down Fast and Furious and handing it over to the U.S. Attorney’s Office for pros-ecution.\n24 \nIn July 2010, Acting Director Melson ex-\npressed concern about the number of weap-ons flowing to Mexico,\n25and in October 2010 \nthe Assistant Director for Field Operations, the number three official in ATF, expressed concern that ATF had not yet halted the straw purchasing activity in Fast and Furi-ous.\n26Despite these concerns, however, the \nU.S. Attorney’s Office continued to delay the indictments, and no one at ATF head-quarters ordered the Phoenix Field Division to simply arrest the straw purchasers in order to take them off the street. The mem-bers of the firearms trafficking ring were not arrested until two weapons from Fast and Furious were found at the murder scene of Border Patrol Agent Brian Terry. D. T\nHECRIMINAL DIVISION \n1. COORDINATION WITH ATF \nIn early September 2009, according to De-\npartment e-mails, ATF and the Department of Justice’s Criminal Division began discus-sions ‘‘to talk about ways CRM [Criminal Di-vision] and ATF can coordinate on gun traf-ficking and gang-related initiatives.’’\n27 \nEarly on in these discussions, Lanny Breuer, Assistant Attorney General for the Criminal Division, sent an attorney to help the U.S. Attorney’s Office in Arizona prosecute ATF cases. The first case chosen for prosecution was Operation Wide Receiver, a year-long \nATF Phoenix Field Division investigation initiated in 2006, which involved several hun-dred guns being walked. The U.S. Attorney’s Office in Arizona, objecting to the tactics used in Wide Receiver, had previously re-fused to prosecute the case. \nAccording to James Trusty, a senior offi-\ncial in the Criminal Division’s Gang Unit, in September 2009 Assistant Attorney General Breuer was ‘‘VERY interested in the Arizona gun trafficking case [Wide Receiver], and he is traveling out [to Arizona] around 9/21. Consequently, he asked us for a ‘briefing’ on that case before the 21st rolls around.’’\n28The \nnext day, according to Trusty, Breuer’s chief of staff ‘‘mentioned the case again, so there is clearly great attention/interest from the front office.’’\n29 \nWhen the Criminal Division prosecutor ar-\nrived in Arizona, she gave Trusty her impres-sions of the case. Her e-mail stated: \nCase involves 300 to 500 guns .... I t i s m y \nunderstanding that a lot of these guns ‘‘walked’’. Whether some or all of that was intentional is not known.\n30 \nDiscussions between ATF and the Criminal \nDivision regarding inter-departmental co-ordination continued over the next few months. On December 3, 2009, the Acting ATF Director e-mailed Breuer about this co-operation. He stated: \nLanny: We have decided to take a little dif-\nferent approach with regard to seizures of multiple weapons in Mexico. Assuming the guns are traced, instead of working each trace almost independently of the other traces from the seizure, I want to coordinate and monitor the work on all of them collec-tively as if the seizure was one case.\n31 \nBreuer responded: \nWe think this is a terrific idea and a great \nway to approach the investigations of these seizures. Our Gang Unit will be assigning an attorney to help you coordinate this effort.\n32 \nKevin Carwile, Chief of the Gang Unit, as-\nsigned an attorney, Joe Cooley, to assist ATF, and Operation Fast and Furious was se-lected as a recipient of this assistance. Shortly after his assignment, Cooley had to rearrange his holiday plans to attend a sig-nificant briefing on Fast and Furious.\n33 \nCooley was assigned to Fast and Furious \nfor the next three months. He advised the lead federal prosecutor, Emory Hurley, and received detailed briefings on operational de-tails. Cooley, though, was not the only Criminal Division attorney involved with \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4180 June 28, 2012 \n34Meeting on ‘‘Weapons Seizures in Mexico w/ \nLanny Breuer’’ at Robert F. Kennedy Building, Room 2107, Jan. 5, 2010, 10:00 AM [HOGR 001987]. \n35Martin Tr. at 100. \n36E-mail from Kevin Carwile to Jason Weinstein \n(Mar. 16, 2010, 9:00 a.m.) [HOGR DOJ 2382]. \n37Letter from Dep Att’y Gen. James M. Cole \nChairman Darrell Issa et al., at 6 (Jan. 27, 2012) [hereinafter Cole Letter]. \n38Id. \n39See 18 U.S.C. §2516(1). \n40See, e.g., Memorandum from Lanny A. Breuer, \nAss’t Att’y Gen., Criminal Division to Paul M. O’Brien, Director, Office of Enforcement Operations, Criminal Division, Authorization for Interception Order Application, Mar. 10, 2010. \n41Bureau of Alcohol, Tobacco, Firearms, and Ex-\nplosives, ‘‘ATF’s Mission,’’ http://www.atf.gov/about/ mission (last visited May 1, 2012). 42USDOJ: About Department of Justice Agencies, \navailable at http://www.justice.gov/agencies/index- \norg.html (last visited May. 1, 2012). \n43Transcribed Interview of Acting Dir. Kenneth \nMelson, at 25 (July 4, 2011). \n44‘‘Operation the Fast and the Furious,’’ March 12, \n2010 [HOGR 002820—HOGR 002823]. \n45Id. \n46Id. \n47Id. \n48E-mail from Edward N. Siskel to Mark R. Chait \n(July 14, 2010) [HOGR 002847]. 49E-mail from Assoc. Deputy Att’y Gen. Brad \nSmith to Deputy Att’y Gen. Gary Grindler, et al. (Dec. 17, 2010) [HOGR 002875–002881]. \n50Letter from Chairman Darrell Issa to ATF Act-\ning Dir. Kenneth Melson (Mar. 16, 2011) [hereinafter Mar. 16 Letter]. \n51Letter from Chairman Darrell Issa to Att’y Gen. \nEric Holder (May 5, 2011). \n52Letter from Chairman Darrell Issa to ATF Act-\ning Dir. Kenneth Melson (June 8, 2011). \n53Letter from Ass’t Att’y Gen. Ronald Weich to \nChairman Darrell Issa (June 10, 2011). \n54Id. Fast and Furious during this time period. \nThe head of the division, Lanny Breuer, met with ATF officials about the case, including Deputy Director Billy Hoover and Assistant Director for Field Operations Mark Chait.\n34 \nGiven the initial involvement of the Crimi-\nnal Division with Fast and Furious in the early stages of the investigation, senior offi-cials in Criminal Division should have been greatly alarmed about what they learned about the case. These officials should have halted the program, especially given their prior knowledge of gunwalking in Wide Re-ceiver, which was run by the same leadership in the same ATF field division. \nOn March 5, 2010, Cooley attended a brief-\ning about Fast and Furious. The detailed briefing highlighted the large number of weapons the gun trafficking ring had pur-chased and discussed recoveries of those weapons in Mexico. According to Steve Mar-tin, Deputy Assistant Director in ATF’s Of-fice of Strategic Intelligence and Informa-tion, everyone in the room knew the weap-ons from Fast and Furious were being linked to a Mexican cartel.\n35Two weeks later, in \nmid-March 2010, Carwile pulled Cooley off Fast and Furious, when the U.S. Attorney’s Office informed him that it had the case under control.\n36 \n2. WIRETAPS \nAt about the same time, senior lawyers in \nthe Criminal Division authorized wiretap ap-plications for Fast and Furious to be sub-mitted to a federal judge. Fast and Furious involved the use of seven wiretaps between March and July of 2010. \nIn a letter to Chairman Issa, the Deputy \nAttorney General acknowledged that the Of-fice of Enforcement Operations (OEO), part of the Justice Department’s Criminal Divi-sion, is ‘‘primarily responsible for the De-partment’s statutory wiretap authoriza-tions.’’\n37According to the letter, lawyers in \nOEO review these wiretap packages to ensure that they ‘‘meet statutory requirements and DOJ policies.’’\n38When OEO completes its re-\nview of a wiretap package, federal law pro-vides that the Attorney General or his des-ignee—in practice, a Deputy Assistant Attor-ney General in the Criminal Division—re-views and authorizes it.\n39Each wiretap pack-\nage includes an affidavit which details the factual basis upon which the authorization is sought. Each application for Fast and Furi-ous included a memorandum from Assistant Attorney General Breuer to Paul O’Brien, Director of OEO, authorizing the intercep-tion application.\n40 \nThe Criminal Division’s approval of the \nwiretap applications in Fast and Furious vio-lated Department of Justice policy. The core mission of the Bureau of Alcohol, Tobacco, Firearms, and Explosives is to ‘‘protect[ ] our communities from . . . the illegal use and trafficking of firearms.’’\n41 \nThe wiretap applications document the ex-\ntensive involvement of the Criminal Division in Fast and Furious. These applications were constructed from raw data contained in hun-\ndreds of Reports of Investigation (ROI); the Department of Justice failed to produce any of these ROI in response to the Committee’s subpoena. The Criminal Division authorized Fast and Furious wiretap applications on March 10, 2010; April 15, 2010; May 6, 2010; May 14, 2010; June 1, 2010; and July 1, 2010. Deputy Assistant Attorney General Jason Weinstein, Deputy Assistant Attorney Gen-eral Kenneth Blanco, and Deputy Assistant Attorney General John Keeney signed these applications on behalf of Assistant Attorney General Lanny Breuer. \nE. T\nHEOFFICE OF THE DEPUTY ATTORNEY \nGENERAL \nThe Office of the Deputy Attorney General \n(ODAG) maintained close involvement in Op-eration Fast and Furious. In the Justice De-partment, ATF reports to the Deputy Attor-ney General (DAG).\n42In practice, an official \nin the Office of the Deputy Attorney General is responsible for managing the ATF port-folio. This official monitors the operations of ATF, and raises potential ATF issues to the attention of the DAG.\n43During the pendency \nof Fast and Furious, this official was Asso-ciate Deputy Attorney General Edward Siskel. \nOfficials in ODAG became familiar with \nFast and Furious as early as March 2010. On March 12, 2010, Siskel and then-Acting DAG Gary Grindler received an extensive briefing on Fast and Furious during a monthly meet-ing with the ATF’s Acting Director and Dep-uty Director. This briefing presented Grindler with overwhelming evidence of ille-gal straw purchasing during Fast and Furi-ous. The presentation included a chart of the names of the straw purchasers, 31 in all, and the number of weapons they had acquired to date, 1,026.\n44Three of these straw purchasers \nhad already purchased over 100 weapons each, with one straw purchaser having al-ready acquired over 300 weapons. During this briefing, Grindler learned that buyers had paid cash for every single gun.\n45 \nA map of Mexico detailed locations of re-\ncoveries of weapons purchased through Fast and Furious, including some at crime scenes.\n46The briefing also covered the use of \nstash houses where weapons bought during Fast and Furious were stored before being transported to Mexico. Grindler learned of some of the unique investigative techniques ATF was using during Fast and Furious.\n47 \nDespite receiving all of this information, then-Deputy Attorney General Gary Grindler did not order Fast and Furious to be shut down, nor did he follow-up with ATF or his staff about the investigation. \nThroughout the summer of 2010, ATF offi-\ncials remained in close contact with their ODAG supervisors regarding Fast and Furi-ous. Fast and Furious was a topic in each of the monthly meetings between ATF and the DAG. ATF apprised Ed Siskel of significant recoveries of Fast and Furious weapons, as well as of notable progress in the investiga-tion, and Siskel indicated to ATF that he was monitoring it.\n48In mid-December 2010, \nafter Fast and Furious had been ongoing for over a year, Grindler received more details about the program. On December 15, 2010, Border Patrol Agent Brian Terry was killed. Two Fast and Furious weapons were recov-\nered at the scene of his murder. Two days later, Associate Deputy Attorney General Brad Smith sent Grindler and four ODAG of-ficials an e-mail detailing the circumstances of Terry’s murder and its connection to Fast and Furious.\n49Smith attached a four-page \nsummary of the Fast and Furious investiga-tion. \nV. THE COMMITTEE’S OCTOBER 12, 2011, \nSUBPOENA TO ATTORNEY GENERAL HOLDER \nOn October 12, 2011, the Committee issued \na subpoena to Attorney General Eric Holder, demanding documents related to the Depart-ment of Justice’s involvement with Oper-ation Fast and Furious. The subpoena was issued following six months of constant re-fusals by the Justice Department to cooper-ate with the Committee’s investigation into Operation Fast and Furious. \nA. E\nVENTS LEADING UPT OT H E SUBPOENA \nOn March 16, 2011, Chairman Issa sent a \nletter to then-ATF Acting Director Ken Melson asking for information and docu-ments pertaining to Operation Fast and Fu-rious.\n50Late in the afternoon of March 30, \n2011, the Department, on behalf of ATF and Melson, informed the Committee that it would not provide any documents pursuant to the letter. The Committee informed the Department it planned to issue a subpoena. On March 31, 2011, the Committee issued a subpoena to Ken Melson for the documents. \nOn May 2, 2011, Committee staff reviewed \ndocuments the Department made available for in camera review at Department head-quarters. Many of these documents con-tained partial or full redactions. Following this review, Chairman Issa wrote to the De-partment on May 5, 2011, asking the Depart-ment to produce all documents responsive to the Committee’s subpoena forthwith.\n51That \nsame day, senior Department officials met \nwith Committee staff and acknowledged ‘‘there’s a there, there’’ regarding the legit-imacy of the congressional inquiry into Fast and Furious. \nIn spite of Chairman Issa’s May 5, 2011, let-\nter, during the two months following the issuance of the subpoena, the Department produced zero pages of non-public docu-ments. On June 8, 2011, the Committee again wrote to the Department requesting com-plete production of all documents by June 10, 2011.\n52The Department responded on June 10, \n2011, stating ‘‘complete production of all doc-uments by June 10, 2011, . . . is not pos-sible.’’\n53At 7:49 p.m. that evening, just three \ndays before a scheduled Committee hearing on the obligation of the Department of Jus-tice to cooperate with congressional over-sight, the Department finally produced its first non-public documents to the Com-mittee, totaling 69 pages.\n54 \nOver the next six weeks, through July 21, \n2011, the Department produced an additional 1,286 pages of documents. The Department produced no additional documents until Sep-tember 1, 2011, when it produced 193 pages of \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4181 June 28, 2012 \n55Letter from Ass’t Att’y Gen. Ronald Weich to \nChairman Darrell Issa (Sep. 1, 2011). \n56Letter from Ass’t Att’y Gen. Ronald Weich to \nChairman Darrell Issa and Senator Charles Grassley (Sep. 30, 2011). \n57Letter from Ass’t Att’y Gen. Ronald Weich to \nChairman Darrell Issa (Oct. 11, 2011) [hereinafter Oct. 11 Letter]. \n58Letter from Chairman Darrell Issa and Senator \nCharles Grassley to Att’y Gen. Eric Holder (July 11, 2011). \n59Letter from Ass’t Att’y Gen. Ronald Weich to \nChairman Darrell Issa (Oct. 31, 2011) [hereinafter Oct. 31 Letter]. \n60Letter from Chairman Darrell Issa and Senator \nCharles Grassley to FBI Dir. Robert Mueller (July 11, 2011) [hereinafter Mueller Letter]. \n61Letter from Chairman Darrell Issa and Senator \nCharles Grassley to DEA Adm’r Michele Leonhart (July 15, 2011). \n62Letter from DEA Adm’r Michele Leonhart to \nChairman Darrell Issa and Senator Charles Grassley (July 22, 2011). \n63Letter from Chairman Darrell Issa and Senator \nCharles Grassley to Acting U.S. Att’y Ann Scheel (Sep. 1, 2011). \n64Letter from Ass’t Att’y Gen. Ronald Weich to \nChairman Darrell Issa and Senator Charles Grassley (Dec. 6, 2011) [hereinafter Dec. 6 Letter]. 65Letter from Chairman Darrell Issa and Senator \nCharles Grassley to Att’y Gen. Eric Holder (Sep. 27, 2011). \n66Oct. 11 Letter, supra note 57. \n67Id. \n68E-mail from Office of Leg. Affairs Staff, U.S. \nDep’t of Justice, to Investigations Staff, H. Comm. on Oversight and Gov’t Reform (Oct. 31, 2011) [here-inafter OLA e-mail]. 69Letter from Deputy Att’y Gen. James Cole to \nChairman Darrell Issa (May 15, 2012), at 4 [herein-after May 15 Cole Letter]. \n70OLA e-mail. documents.55On September 30, 2011, the De-\npartment produced 97 pages of documents.56 \nOn October 11, 2011, the Department pro-duced 56 pages of documents.\n57 \nEarly in the investigation, the Committee \nreceived hundreds of pertinent documents from whistleblowers. Many of the documents the whistleblowers provided were not among the 2,050 pages that the Department had pro-duced by October 11, 2011, demonstrating that the Department was withholding mate-rials responsive to the subpoena. \nThe Committee requested additional docu-\nments from the Department as the investiga-tion proceeded during the summer of 2011. On July 11, 2011, Chairman Issa and Senator Grassley wrote to the Attorney General re-questing documents from twelve people in Justice Department headquarters pertaining to Fast and Furious.\n58The Justice Depart-\nment first responded to this letter on Octo-ber 31, 2011, nearly four months later.\n59 \nOn July 11, 2011, Chairman Issa and Sen-\nator Grassley sent a letter to the FBI re-questing documents relating to the FBI’s role in the Fast and Furious OCDETF inves-tigation.\n60The letter requested information \nand documents pertaining to paid FBI in-formants who were the target of the Fast and Furious investigation. The FBI never produced any of the documents requested in this letter. \nOn July 15, 2011, Chairman Issa and Sen-\nator Grassley sent a letter to the DEA re-questing documents pertaining to another target of the Fast and Furious investiga-tion.\n61The DEA was aware of this target be-\nfore Fast and Furious became an OCDETF case, a fact that raises serious questions about the lack of information-sharing among Department components. Though DEA re-sponded to the letter on July 22, 2011, it, too, did not provide any of the requested docu-ments.\n62 \nOn September 1, 2011, Chairman Issa and \nSenator Grassley wrote to the Acting U.S. Attorney in Arizona requesting documents and communications pertaining to Fast and Furious.\n63As the office responsible for lead-\ning Fast and Furious, the Arizona U.S. At-torney’s Office possesses a large volume of documents relevant to the Committee’s in-vestigation. The Department of Justice, on behalf of the U.S. Attorney’s Office for the District of Arizona, did not respond to this letter until December 6, 2011, the eve of the Attorney General’s testimony before the House Judiciary Committee.\n64 \nOn September 27, 2011, Chairman Issa and \nSenator Grassley sent a letter to the Attor-ney General raising questions about informa-tion-sharing among Department compo-\nnents, the Department’s cooperation with Congress, and FBI documents requested in the July 11, 2011, letter to FBI Director Mueller.\n65To date, the Department has not \nresponded to this letter. \nThe Department wrote to Chairman Issa \non October 11, 2011, stating it had ‘‘substan-tially concluded [its] efforts to respond to the Committee requests set forth in the sub-poena and the letter of June 8th.’’\n66The let-\nter further stated: \n[O]ther documents have not been produced \nor made available for these same reasons be-cause neither redacting them nor making them available for review (as opposed to pro-duction) was sufficient to address our con-cerns. Our disclosure of the vast majority of the withheld material is prohibited by stat-ute. These records pertain to matters occur-ring before a grand jury, as well as investiga-tive activities under seal or the disclosure of which is prohibited by law . . . we also have not disclosed certain confidential investiga-tive and prosecutorial documents, the disclo-sure of which would, in our judgment, com-promise the pending criminal investigations and prosecution. These include core inves-tigative and prosecutorial material, such as Reports of Investigation and drafts of court filings. \nFinally . . . we have also withheld internal \ncommunications that were generated in the course of the Department’s effort to respond to congressional and media inquiries about Operation Fast and Furious. These records were created in 2011, well after the comple-tion of the investigative portion of Operation Fast and Furious that the Committee has been reviewing and after the charging deci-sions reflected in the January 25, 2011, in-\ndictments. Thus, they were not part of the communications regarding the development and implementation of the strategy deci-sions that have not been the focus of the Committee’s inquiry . . . Disclosure would have a chilling effect on agency officials’ de-liberations about how to respond to inquiries from Congress or the media. Such a chill on internal communications would interfere with our ability to respond as effectively and efficiently as possible to congressional over-sight requests.\n67 \nThe following day, on October 12, 2011, \nafter the Department announced its inten-tion to cease producing documents respon-sive to the Committee’s March 31, 2011, sub-poena to Melson, the Committee issued a subpoena to Attorney General Eric Holder demanding documents relating to Fast and Furious. \nB. S\nUBPOENA SCHEDULE REQUESTS \nIn the weeks following the issuance of the \nsubpoena, Committee staff worked closely with Department lawyers to provide clari-fications about subpoena categories, and to assist the Department in prioritizing docu-ments for production. Committee and De-partment staff engaged in discussions span-ning several weeks to enable the Department to better understand what the Committee was specifically seeking. During these con-versations, the Committee clearly articu-lated its investigative priorities as reflected in the subpoena schedule. The Department memorialized these priorities with speci-ficity in an October 31, 2011, e-mail from the Office of Legislative Affairs.\n68 Despite the Department’s acknowledge-\nment that it understands what the Com-mittee was seeking, it has yet to provide a single document for 11 out of the 22 cat-egories contained in the subpoena schedule. The Department has not adequately com-plied with the Committee’s subpoena, and it has unequivocally stated its refusal to com-ply with entire categories of the subpoena al-together. In a letter to Chairman Issa on May 15, 2012, the Department stated that it had delivered or made available for review documents responsive to 13 of the 22 cat-egories of the subpoena.\n69 \nA review of each of the 22 schedule cat-\negories in the subpoena reflects the Depart-ment’s clear understanding of the documents sought by the Committee for each category. Below is a listing of each category of the subpoena schedule, followed by what the De-partment has explained is its understanding of what the Committee is seeking for each category. \n1. All communications referring or relating \nto Operation Fast and Furious, the Jacob Chambers case, or any Organized Crime Drug Enforcement Task Force (OCDETF) firearms trafficking case based in Phoenix, Arizona, to or from the following individuals: \na. Eric Holder, Jr., Attorney General; b. David Ogden, Former Deputy Attorney \nGeneral; \nc. Gary Grindler, Office of the Attorney \nGeneral and former Acting Deputy Attorney General; \nd. James Cole, Deputy Attorney General; e. Lanny Breuer, Assistant Attorney Gen-\neral; \nf. Ronald Weich, Assistant Attorney Gen-\neral; \ng. Kenneth Blanco, Deputy Assistant At-\ntorney General; \nh. Jason Weinstein, Deputy Assistant At-\ntorney General; \ni. John Keeney, Deputy Assistant Attorney \nGeneral; \nj. Bruce Swartz, Deputy Assistant Attor-\nney General; \nk. Matt Axelrod, Associate Deputy Attor-\nney General; \nl. Ed Siskel, former Associate Deputy At-\ntorney General; \nm. Brad Smith, Office of the Deputy Attor-\nney General; \nn. Kevin Carwile, Section Chief, Capital \nCase Unit, Criminal Division; \no. Joseph Cooley, Criminal Fraud Section, \nCriminal Division; and, \np. James Trusty, Acting Chief, Organized \nCrime and Gang Section. \nDepartment Response: In late October 2011, \nthe Department acknowledged that it had ‘‘already begun searches of some of the custodians listed here relating to Fast and Furious, such as in response to the Chair-man’s letter of 7/11/11.’’\n70Still, it has pro-\nduced no documents since the issuance of the subpoena pursuant to subpoena categories 1(a), 1(b), 1(g), 1(i), and 1(k), only two docu-ments pursuant to subpoena category 1(d), and very few documents pursuant to sub-poena category 1(j) and 1(l). \n2. All communications between and among \nDepartment of Justice (DOJ) employees and Executive Office of the President employees, including but not limited to Associate Com-munications Director Eric Schultz, referring or relating to Operation Fast and Furious or any other firearms trafficking cases. \nDepartment Response: The Department ac-\nknowledged that the Committee identified several people likely to be custodians of \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4182 June 28, 2012 \n71Id. \n72May 15 Cole Letter, at 4. \n73Id. \n74Id. \n75Id. \n76May 15 Cole Letter, at 4. 77Sharyl Attkisson, Second gun used in ICE agent \nmurder linked to ATF undercover operation, (Feb. 22, \n2012, 5:29 P.M.), http://www.cbsnews.com/8301- 31727 _162-57383089-10391695/second-gun-used-in-ice- \nagent-murder-linked-to-atf-undercover-operation/. \n78Id. \n79OLA e-mail, supra note 68. \n80Id. \n81Id. 82Id. \n83Id. \n84Id. these documents.71Though the Department \nhas stated it has produced documents pursu-ant to this subpoena category, the Com-mittee has not found any documents pro-duced by the Department responsive to this subpoena category.\n72 \n3. All communications between DOJ em-\nployees and Executive Office of the President employees referring or relating to the Presi-dent’s March 22, 2011, interview with Jorge Ramos of Univision. \nDepartment Response: The Department rep-\nresented that it would ‘‘check on commu-nications with WH Press Office in the time period preceding the President’s 3/22/11 inter-view,’’ and that it had identified the most likely custodians of those documents.\n73 \nNonetheless, it has produced no documents responsive to this subpoena category. The Department has not informed the Committee that no documents exist responsive to this schedule number. \n4. All documents and communications re-\nferring or relating to any instances prior to February 4, 2011, where the Bureau of Alco-hol, Tobacco, Firearms and Explosives (ATF) failed to interdict weapons that had been il-legally purchased or transferred. \nDepartment Response: The Department has \nproduced some documents responsive to this subpoena category. \n5. All documents and communications re-\nferring or relating to any instances prior to February 4, 2011, where ATF broke off sur-veillance of weapons and subsequently be-came aware that those weapons entered Mex-ico. \nDepartment Response: The Department has \nproduced documents responsive to this sub-poena category. \nMost of the responsive documents the De-\npartment has produced pursuant to the sub-poena pertain to categories 4 and 5 and re-late to earlier cases the Department has de-scribed as involving gunwalking. The De-partment produced these documents strate-gically, advancing its own narrative about why Fast and Furious was neither an iso-lated nor a unique program. It has attempted to accomplish this objective by simulta-neously producing documents to the media and the Committee. \n6. All documents and communications re-\nferring or relating to the murder of Immigra-tions and Customs Enforcement Agent Jaime Zapata, including, but not limited to, docu-ments and communications regarding Zapata’s mission when he was murdered, Form for Reporting Information That May Become Testimony (FD–302), photographs of the crime scene, and investigative reports prepared by the FBI. \nDepartment Response: The Department \n‘‘understand[s] that the Zapata family has complained that they’ve been ‘kept in the dark’ about this matter’’ which necessitated this subpoena category.\n74The Department \n‘‘conferred with the U.S. Attorney’s Office . . . which we hope will be helpful to them and perhaps address the concerns that are the basis of this item.’’\n75Though the Depart-\nment has stated it has produced documents pursuant to this subpoena category, the Committee has not found any documents produced by the Department responsive to this subpoena category.\n76 \nIn late February 2012, press accounts re-\nvealed that prosecutors had recently sen-tenced a second individual in relation to the murder of Immigration and Customs En-forcement (ICE) Agent Jaime Zapata. One news article stated that ‘‘[n]obody was more \nastonished to learn of the case than Zapata’s parents, who didn’t know that [the defend-ant] had been arrested or linked to their son’s murder.’’\n77Press accounts alleged that \nthe defendant had been ‘‘under ATF surveil-lance for at least six months before a rifle he trafficked was used in Zapata’s murder’’—a situation similar to what took place during Fast and Furious.\n78Despite this revelation, \nthe Department failed to produce any docu-ments responsive to this subpoena category. \n7. All communications to or from William \nNewell, former Special Agent-in-Charge for ATF’s Phoenix Field Division, between: \na. December 14, 2010 to January 25, 2011; \nand, \nb. March 16, 2009 to March 19, 2009. Department Response: The Department has \nnot produced any documents responsive to subpoena category 7(b), despite its under-standing that the Committee sought docu-ments pertaining ‘‘to communications with [Executive Office of the President] staff re-garding gun control policy’’ within a specific and narrow timeframe.\n79The Department \nhas not informed the Committee that no doc-uments exist responsive to this schedule number. \n8. All Reports of Investigation (ROIs) re-\nlated to Operation Fast and Furious or ATF Case Number 785115–10–0004. \nDepartment Response: Department rep-\nresentatives contended that this subpoena category ‘‘presents some significant issues for’’ the Department due to current and po-tential future indictments.\n80The Depart-\nment has not produced any documents re-sponsive to this subpoena category. The De-partment has not informed the Committee that no documents exist responsive to this schedule number. \n9. All communications between and among \nMatt Axelrod, Kenneth Melson, and William Hoover referring or relating to ROIs identi-fied pursuant to Paragraph 8. \nDepartment Response: The Department ac-\nknowledged its understanding that this re-quest specifically pertained to ‘‘emails Ken sent to Matt and Billy, expressing concerns, perhaps in March 2011, [that] are core to [the Committee’s] work, and we’ll look at those.’’\n81Still, it has produced no documents \npursuant to this subpoena category. The De-partment has not informed the Committee that no documents exist responsive to this schedule number. \n10. All documents and communications be-\ntween and among former U.S. Attorney Den-nis Burke, Attorney General Eric Holder, Jr., former Acting Deputy Attorney General Gary Grindler, Deputy Attorney General James Cole, Assistant Attorney General Lanny Breuer, and Deputy Assistant Attor-ney General Jason Weinstein referring or re-lating to Operation Fast and Furious or any OCDETF case originating in Arizona. \nDepartment Response: The Department has \nproduced some documents responsive to this subpoena category. \nA complete production of these documents \nis crucial to allow Congress to understand how senior Department officials came to know that the February 4, 2011, letter to Senator Grassley was false, why it took so long for the Department to withdraw the let-ter despite months of congressional pressure to do so, and why the Department obstructed the congressional investigation for nearly a \nyear. These documents will show the reac-tions of top officials when confronted with evidence about gunwalking in Fast and Furi-ous. The documents will also show whether these officials knew about, or were surprised to learn of, the gunwalking. Additionally, these documents will reveal the identities of Department officials who orchestrated var-ious forms of retaliation against the whistle-\nblowers. \n11. All communications sent or received be-\ntween: \na. December 16, 2009 and December 18, 2009; \nand, \nb. March 9, 2011, and March 14, 2011, to or \nfrom the following individuals: \ni. Emory Hurley, Assistant U.S. Attorney, \nOffice of the U.S. Attorney for the District of Arizona; \nii. Michael Morrissey, Assistant U.S. At-\ntorney, Office of the U.S. Attorney for the District of Arizona; \niii. Patrick Cunningham, Chief, Criminal \nDivision, Office of the U.S. Attorney for the District of Arizona; \niv. David Voth, Group Supervisor, ATF; \nand, \nv. Hope MacAllister, Special Agent, ATF. \nDepartment Response: The Department ac-\nknowledged that it ‘‘will first search these custodians for records re a) the Howard meeting in 12/09; and b) the ROI or memo that was written during this time period re-lating to the Howard mtng in 12/09.’’\n82Al-\nthough the Department has produced docu-ments that are purportedly responsive to this category, these documents do not per-tain to the subject matter that the Depart-ment understands that the Committee is seeking. \n12. All communications sent or received be-\ntween December 15, 2010, and December 17, 2010, to or from the following individuals in the U.S. Attorney’s Office for the District of Arizona: \na. Dennis Burke, former United States At-\ntorney; \nb. Emory Hurley, Assistant United States \nAttorney; \nc. Michael Morrissey, Assistant United \nStates Attorney; and, \nd. Patrick Cunningham, Chief of the Crimi-\nnal Division. \nDepartment Response: The Department un-\nderstood that the Committee’s ‘‘primary in-terest here is in the communications during this time period that relate to the Terry death and, per our conversation, we will start with those.’’\n83Although the Depart-\nment has produced some documents respon-sive to this subpoena category, it has not represented that it has produced all respon-sive documents in this category. \n13. All communications sent or received be-\ntween August 7, 2009, and March 19, 2011, be-tween and among former Ambassador to Mexico Carlos Pascual; Assistant Attorney General Lanny Breuer; and Deputy Assistant Attorney General Bruce Swartz. \nDepartment Response: The Department ac-\nknowledged that it ‘‘understand[s] the Com-mittee’s focus here is Firearms Trafficking issues along the SW Border, not limited to Fast & Furious.’’\n84The Department has pro-\nduced some documents responsive to this subpoena category. \n14. All communications sent or received be-\ntween August 7, 2009, and March 19, 2011, be-tween and among former Ambassador to Mexico Carlos Pascual and any Department of Justice employee based in Mexico City re-ferring or relating to firearms trafficking initiatives, Operation Fast and Furious or \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4183 June 28, 2012 \n85Id. \n86Id. \n87Id. \n88Id. \n89Id. 90Id. \n91Id. \n92Id. \n93Id. \n94Fast and Furious: Management Failures at the De-\npartment of Justice: Hearing Before the H. Comm. on Oversight and Gov’t Reform , 112th Cong. (Feb. 2, 2012) \n(Statement of Hon. Eric H. Holder, Jr., Att’y Gen. of the U.S.). 95Id. \n96On Friday January 27, 2012, just days before the \nAttorney General testified before Congress, docu-ments were delivered to the Senate Judiciary Com-mittee so late in the evening that a disc of files had to be slipped under the door. This is not only an ex-treme inconvenience for congressional staff but also deprives staff of the ability to review the materials in a timely manner. \n972 U.S.C. 192 states, in pertinent part: \nEvery person who having been summoned as a wit-\nness by the authority of either House of Congress to give testimony or to produce papers upon any mat-ter under inquiry before . . . any committee of ei-ther House of Congress, willfully makes default . . . shall be deemed guilty of a misdemeanor, punishable by a fine of not more than $1,000 nor less than $100 and imprisonment in a common jail for not less than one month nor more than twelve months. any firearms trafficking case based in Ari-\nzona, or any visits by Assistant Attorney General Lanny Breuer to Mexico. \nDepartment Response: The Department has \nproduced only a handful of pages responsive to this subpoena category, even though it ‘‘understand[s] that [the Committee] wants [the Department] to approach this effort with efficiency.’’\n85Despite the Committee’s \nrequest for an efficient effort, the Depart-ment produced a key document regarding Attorney General Lanny Breuer three and a half months after the subpoena was issued, after several previous document productions, and long after Breuer testified before Con-gress and could be questioned about the doc-ument. Given the importance of the contents of the document and the request for an effi-cient effort on the part of the Department in this subpoena category, it is inconceivable that the Department did not discover this document months prior to its production. The Department’s actions suggest that it kept this document hidden for strategic and public relations reasons. \n15. Any FD–302 relating to targets, sus-\npects, defendants, or their associates, bosses, or financiers in the Fast and Furious inves-tigation, including but not limited to any FD–302s ATF Special Agent Hope MacAllister provided to ATF leadership dur-ing the calendar year 2011. \nDepartment Response: The Department \n‘‘understand[s] that [the Committee’s] pri-mary focus here is the 5 FBI 302s that were provided to SA MacAllister, which she later gave to Messrs. Hoover and Melson.’’\n86De-\nspite the specificity of this document re-quest, the Department has not produced any documents responsive to this schedule num-ber. The Department has not informed the Committee that no documents exist respon-sive to this schedule number. \n16. Any investigative reports prepared by \nthe FBI or Drug Enforcement Administra-tion (DEA) referring or relating to targets, suspects, or defendants in the Fast and Furi-ous case. \nDepartment Response: The Department was \n‘‘uncertain about the volume here,’’ regard-ing the amount of documents, and pledged to ‘‘work[ ] on this [with] DEA and FBI.’’\n87De-\nspite this pledge, it has produced no docu-ments responsive to this subpoena category. The Department has not informed the Com-mittee that no documents exist responsive to this schedule number. \n17. Any investigative reports prepared by \nthe FBI or DEA relating to the individuals described to Committee staff at the October 5, 2011, briefing at Justice Department head-quarters as Target Number 1 and Target Number 2. \nDepartment Response: The Department ac-\nknowledged that it ‘‘think[s] we understand this item.’’\n88Despite this understanding, it \nhas produced no documents responsive to this subpoena category. The Department has not informed the Committee that no docu-ments exist responsive to this schedule num-ber. \n18. All documents and communications in \nthe possession, custody or control of the DEA referring or relating to Manuel Fabian Celis-Acosta. \nDepartment Response: The Department \nagreed to ‘‘start with records regarding in-formation that DEA shared with ATF about Acosta, which we understand to be the focus of your interest in this item.’’\n89Despite this \nunderstanding, the Department has produced no documents responsive to this subpoena category. The Department has not informed \nthe Committee that no documents exist re-sponsive to this schedule number. \n19. All documents and communications be-\ntween and among FBI employees in Arizona and the FBI Laboratory, including but not limited to employees in the Firearms/ Toolmark Unit, referring or relating to the firearms recovered during the course of the investigation of Brian Terry’s death. \nDepartment Response: The Department’s un-\nderstanding was that ‘‘[the Committee’s] focus here is how evidence was tagged at the scene of Agent Terry’s murder, how evidence was processed, how the FBI ballistics report was prepared and what it means.’’\n90Despite \nthis clear understanding, the Department has produced no documents responsive to this subpoena category. The Department has not informed the Committee that no docu-ments exist responsive to this schedule num-ber. \n20. All agendas, meeting notes, meeting \nminutes, and follow-up reports for the Attor-ney General’s Advisory Committee of U.S. Attorneys between March 1, 2009, and July 31, 2011, referring or relating to Operation Fast and Furious. \nDepartment Response: This category asks \nfor documents from the Attorney General’s Advisory Committee within a clearly speci-fied date range. Despite the fact that the De-partment has acknowledged this category ‘‘is clear,’’ the Department has produced no documents responsive to this subpoena cat-egory.\n91The Department has not informed \nthe Committee that no documents exist re-sponsive to this schedule number. \n21. All weekly reports and memoranda for \nthe Attorney General, either directly or through the Deputy Attorney General, from any employee in the Criminal Division, ATF, DEA, FBI, or the National Drug Intelligence Center created between November 1, 2009 and September 30, 2011. \nDepartment Response: This category asks \nfor weekly reports and memoranda to the Attorney General from five different Depart-ment components ‘‘regarding ATF cases re firearms trafficking.’’\n92The Department has \nproduced some documents responsive to this subpoena category. \n22. All surveillance tapes recorded by pole \ncameras inside the Lone Wolf Trading Co. store between 12:00 a.m. on October 3, 2010, and 12:00 a.m. on October 7, 2010. \nDepartment Response: This category asks \nfor all ATF surveillance tapes from Lone Wolf Trading Company between two speci-fied dates in October 2010. Both the Com-mittee and the Department ‘‘understand a break-in occurred’’ at that time.\n93The De-\npartment has produced no documents respon-sive to this subpoena category. The Depart-ment has not informed the Committee that no documents exist responsive to this sched-ule number. \nC. A\nTTEMPTS OF ACCOMMODATION BY THE COM-\nMITTEE , LACK OF COMPLIANCE BY THE JUS-\nTICE DEPARTMENT \nIn public statements, the Department has \nmaintained that it remains committed to ‘‘work[ing] to accommodate the Committee’s legitimate oversight needs.’’\n94The Depart-\nment, however, believes it is the sole arbiter of what is ‘‘legitimate.’’ In turn, the Com-mittee has gone to great lengths to accom-modate the Department’s interests as an Ex-ecutive Branch agency. Unfortunately, the \nDepartment’s actions have not matched its rhetoric. Instead, it has chosen to prolong the investigation and impugn the motives of the Committee. A statement the Attorney General made at the February 2, 2012, hear-ing was emblematic of the Department’s pos-ture with respect to the investigation: \nBut I also think that if we are going to \nreally get ahead here, if we are really going to make some progress, we need to put aside the political gotcha games in an election year and focus on matters that are ex-tremely serious.\n95 \nThis attitude with respect to a legitimate \ncongressional inquiry has permeated the De-\npartment’s ranks. Had the Department dem-onstrated a willingness to cooperate with this investigation from the outset—instead of attempting to cover up its own internal mismanagement—this investigation likely would have concluded well before the elec-tion year even began. The Department has intentionally withheld documents for months, only to release a selected few on the eve of the testimony of Department offi-cials.\n96The Department has impeded the \nability of a co-equal branch of government to perform its constitutional duty to conduct Executive Branch oversight. By any meas-ure, it has obstructed and slowed the Com-mittee’s work. \nThe Committee has been unfailingly pa-\ntient in working with Department represent-atives to obtain information the Committee requires to complete its investigation. The Department’s progress has been unaccept-ably slow in responding to the October 12, 2011, subpoena issued to the Attorney Gen-eral. Complying with the Committee’s sub-poena is not optional. Indeed, the failure to produce documents pursuant to a congres-sional subpoena is a violation of federal law.\n97Because the Department has not cited \nany legal authority as the basis for with-holding documents pursuant to the subpoena its efforts to accommodate the Committee’s constitutional obligation to conduct over-sight of the Executive Branch are incom-plete. \n1. IN CAMERA REVIEWS \nIn an attempt to accommodate the Justice \nDepartment’s interests, Committee staff has viewed documents responsive to the sub-poena that the Department has identified as sensitive in camera at Department head-\nquarters. Committee staff has visited the De-partment on April 12, May 4, June 17, Octo-ber 12, and November 3, 2011, as well as on January 30 and February 27, 2012 to view these documents. Many of the documents made available for in camera review, how-\never, have been repetitive in nature. Many other documents seemingly do not contain any sensitive parts that require them to be viewed in camera . Other documents are alto-\ngether non-responsive to the subpoena. \nCommittee staff has spent dozens of hours \nat Department headquarters reviewing these \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4184 June 28, 2012 \n98Letter from Ass’t Att’y Gen. Ronald Weich to \nChairman Darrell Issa (May 2, 2011). \n99Letter from Ass’t Att’y Gen. Ronald Weich to \nChairman Darrell Issa (June 14, 2011). \n100Letter from Ass’t Att’y Gen. Ronald Weich to \nChairman Darrell Issa (July 18, 2011). 101E-mail from Office of Leg. Affairs Staff, U.S. \nDep’t of Justice, to Staff, H. Comm. on Oversight and Gov’t Reform (July 28, 2011). \n102Letter from Chairman Darrell Issa to Att’y Gen. \nEric Holder (Jan. 31, 2012) [hereinafter Jan. 31 Let-ter]. \n103Letter from Chairman Darrell Issa to Att’y Gen. \nEric Holder (Feb. 14, 2012) (emphasis in original) [hereinafter Feb. 14 Letter]. 104Mar. 16 Letter, supra note 50. \n105Id. \n106Teleconference between Committee Staff and U.S. \nDep’t of Justice Office of Leg. Affairs Staff (Mar. 30, \n2011). \n107Letter from Ass’t Att’y Gen. Ronald Weich to \nChairman Darrell Issa (Apr. 1, 2011). documents. In addition, the Department has \nidentified hundreds of other sensitive docu-ments responsive to the subpoena, which it refuses to make available even for in camera \nreview, instead withholding them from the Committee altogether. The Committee has made these accommodations to the Depart-ment at the expense of not being able to make these documents available for review by Committee Members. \n2. REDACTED DOCUMENTS \nThe Department has redacted varying por-\ntions of many of the documents it has pro-duced. These redactions purportedly protect \nongoing criminal investigations and prosecu-tions, as well as other sensitive data. The Department has so heavily redacted some documents produced to Congress that they are unintelligible. There appears to be no ob-jective, consistent criteria delineating why some documents were redacted, only pro-vided in camera , or withheld entirely. \nOn the evening of May 2, 2011, Department \nof Justice representatives notified the Com-mittee that the Department was planning to make approximately 400 pages of documents available for an in camera review at its head-\nquarters.\n98Committee staff went to review \nthose documents on May 4, 2011, only to dis-cover they were partially, or in some cases almost completely, redacted. Since these documents were only made available pursu-ant to Committee’s first subpoena and only on an in camera basis, redactions were inap-\npropriate and unnecessary. \nOn June 14, 2011, the Department produced \n65 pages of documents to the Committee in a production labeled ‘‘Batch 4.’’\n99Of these 65 \npages, every single one was at least partially redacted, 44 were completely redacted, and 61 had redactions covering more than half of the page. \nOn July 18, 2011, after more than a month \nof discussions between Committee and De-partment staff, the Department finally in-cluded a redaction code that identifies the reason for each redaction within a docu-ment.\n100While the Department has used this \nredaction code in subsequent document pro-ductions to the Committee, documents pro-duced and redacted prior to July 18, 2011, do not have the benefit of associated redaction codes for each redaction. \nThe Department has over-redacted certain \ndocuments. The Committee has obtained many of these documents through whistle-blowers and has compared some of them with those produced by the Department. In some instances, the Department redacted more text than necessary, making it unnecessarily difficult and sometimes impossible for the Committee, absent the documents provided by whistleblowers, to investigate decisions made by Department officials. \nFurther, any documents made available \npursuant to the Committee’s subpoenas must not have any redactions. To fully and prop-erly investigate the decisions made by De-partment officials during Fast and Furious, the Committee requires access to documents in their entirety. The Department has not complied with this requirement. \nThe Committee does recognize the impor-\ntance of privacy interests and other legiti-mate reasons the Department has for redact-ing portions of documents produced to the Committee. The Committee has attempted to accommodate the Department’s stated concerns related to documents it believes are sensitive. The Committee intended to release 230 pages of documents in support of its July 26, 2011, report entitled The Department of \nJustice’s Operation Fast and Furious: Fueling Cartel Violence , and gave the Department an \nopportunity to suggest its own redactions before the documents became public.\n101 \nThese actions are consistent with the Com-mittee’s willingness to accommodate the De-partment’s interests. \n3. PRIVILEGE LOG \nMindful of the Justice Department’s pre-\nrogatives as an Executive Branch agency, the Committee has offered the opportunity for the Department to prepare a privilege log of documents responsive to the subpoena but withheld from production. A privilege log would outline the documents withheld and the specific grounds for withholding. Such a log would serve as the basis for negotiation between the Committee and the Department about prioritizing the documents for poten-tial production. \nOn January 31, 2012, Chairman Issa wrote \nto the Attorney General. He said: \nShould you choose to continue to withhold \ndocuments pursuant to the subpoena, you must create a detailed privilege log explain-ing why the Department is refusing to produce each document. If the Department continues to obstruct the congressional in-quiry by not providing documents and infor-mation, this Committee will have no alter-native but to move forward with proceedings to hold you in contempt of Congress.\n102 \nOn February 14, 2012, Chairman Issa again \nwrote to the Attorney General. He said: \nWe cannot wait any longer for the Depart-\nment’s cooperation. As such please specify a date by which you expected the Department to produce all documents responsive to the \nsubpoena. In addition, please specify a De-partment representative who will interface with the Committee for production purposes . . . This person’s primary responsibility should be to identify for the Committee all documents the Department has determined to be responsive to the subpoena but is refus-ing to produce, and should provide a privi-lege log of the documents delineating why each one is being withheld from Congress. Please direct this individual to produce this log to the Committee without further delay.\n103 \nOn several occasions, Committee staff has \nasked the Department to provide such a privilege log, including a listing, category- by-category, of documents the Department has located pursuant to the subpoena and the reason the Department will not produce those documents. Despite these requests, however, the Department has neither pro-duced a privilege log nor responded to this aspect of Chairman Issa’s letters of January 31, 2012, and February 14, 2012. \nThe Department has not informed the \nCommittee that it has been unable to locate certain documents. This suggests that the Department is not producing responsive doc-uments in its possession. Since the Depart-ment will not produce a privilege log, it has failed to make a good faith effort to accom-modate the Committee’s legitimate over-sight interests. \n4. ASSERTIONS OF NON -COMPLIANCE \nThe Committee’s investigation into Oper-\nation Fast and Furious is replete with in-stances in which the Justice Department has \nopenly acknowledged it would not comply with the Committee’s requests. These pro-nouncements began with the March 31, 2011, subpoena to the former Acting ATF Direc-tor, continued through the Committee’s Oc-tober 12, 2011, subpoena to the Attorney Gen-eral, and persist to this day. \n(a) March 31, 2011, Subpoena \nOn March 16, 2011, Chairman Issa sent a \nletter to the then-Acting ATF Director re-questing documents about Fast and Furi-ous.\n104As part of this request, Chairman Issa \nasked for a ‘‘list of individuals responsible for authorizing the decision to ‘walk’ guns to Mexico in order to follow them and capture a ‘bigger fish.’’’\n105On the afternoon of \nMarch 30, 2011, the deadline given in Chair-man Issa’s letter, Department staff partici-pated in a conference call with Committee staff. During that call, Department staff ex-pressed a lack of understanding over the meaning of the word ‘‘list.’’\n106Department \nofficials further informed Committee staff that the Department would not produce doc-uments by the deadline and were uncertain when they would produce documents in the future. Committee staff understood this re-sponse to mean the Department did not in-tend to cooperate with the Committee’s in-vestigation. \nThe next day Chairman Issa authorized a \nsubpoena for the Acting ATF Director. The following day, the Department wrote to Chairman Issa. Assistant Attorney General Ronald Weich wrote: \nAs you know, the Department has been \nworking with the Committee to provide doc-uments responsive to its March 16 request to the Bureau of Alcohol, Tobacco, Firearms and Explosives. Yesterday, we informed Committee staff that we intended to produce a number of responsive documents within the next week. As we explained, there are some documents that we would be unable to provide without compromising the Depart-ment’s ongoing criminal investigation into the death of Agent Brian Terry as well as other investigations and prosecutions, but we would seek to work productively with the Committee to find other ways to be respon-sive to its needs.\n107 \nDespite the Department’s stated intention \nto produce documents within the next week, it produced no documents for over two months, until June 10, 2011. In the interim, the Department made little effort to work with the Committee to define the scope of the documents required by the subpoena. \nOn April 8, 2011, the Department wrote to \nChairman Issa to inform the Committee that it had located documents responsive to the subpoena. Assistant Attorney General Weich wrote that the Department did not plan to share many of these materials with the Com-mittee. His letter stated: \nTo date, our search has located several law \nenforcement sensitive documents responsive to the requests in your letter and the sub-poena. We have substantial confidentiality interests in these documents because they contain information about ATF strategies and procedures that could be used by individ-uals seeking to evade our law enforcement efforts. We are prepared to make these docu-ments, with some redactions, available for review by Committee staff at the Depart-ment. They will bear redactions to protect \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4185 June 28, 2012 \n108Letter from Ass’t Atty’y Gen. Ronald Weich to \nChairman Darrell Issa (Apr. 8, 2011). \n109Id. \n110Letter from Ass’t Att’y Gen. Ronald Weich to \nChairman Darrell Issa (Apr. 8, 2011). \n111Letter from Chairman Darrell Issa and Senator \nCharles Grassley to Att’y Gen. Eric Holder (July 5, 2011). 112Letter from Ass’t Att’y Gen. Ronald Weich to \nChairman Darrell Issa and Senator Charles Grassley (July 6, 2011). \n113Mueller Letter, supra note 60. \n114Letter from Stephen Kelley, Ass’t Dir., FBI Of-\nfice of Congressional Affairs, to Chairman Darrell Issa and Senator Charles Grassley (Aug. 12, 2011). \n115Oct. 11 Letter, supra note 57. 116Id. \n117Oct. 31 Letter, supra note 59. \n118Letter from Deputy Att’y Gen. James Cole to \nChairman Darrell Issa and Senator Charles Grassley (Dec. 2, 2011). \n119Id. \n120Letter from Ass’t Att’y Gen. Ronald Weich to \nChairman Darrell Issa and Senator Charles Grassley (Dec. 13, 2011). \n121Letter from Ass’t Att’y Gen. Ronald Weich to \nChairman Darrell Issa (Jan. 5, 2012). \n122Cole Letter, supra note 37. information about ongoing criminal inves-\ntigations, investigative targets, internal de-liberations about law enforcement options, and communications with foreign govern-ment representatives. In addition, we noti-fied Committee staff that we have identified certain publicly available documents that are responsive. While our efforts to identify responsive documents are continuing, many of your requests seek records relating to on-going criminal investigations. Based upon the Department’s longstanding policy re-garding the confidentiality of ongoing crimi-nal investigations, we are not in a position to disclose such documents, nor can we con-firm or deny the existence of records in our ongoing investigative files. This policy is based on our strong need to protect the inde-pendence and effectiveness of our law en-forcement efforts.\n108 \nThe letter cited prior Department policy in \nsupport of its position of non-compliance: \nWe are dedicated to holding Agent Terry’s \nkiller or killers responsible through the criminal justice process that is currently un-derway, but we are not in a position to pro-vide additional information at this time re-garding this active criminal investigation for the reasons set forth above. . . .\n109 \nOn June 14, 2011, after the Department had \nproduced 194 pages of non-public documents pursuant to the subpoena, the Department informed the Committee that it was delib-erately withholding certain documents: \nAs with previous oversight matters, we \nhave not provided access to documents that contain detailed information about our in-vestigative activities where their disclosure would harm our pending investigations and prosecutions. This includes information that would identify investigative subjects, sen-sitive techniques, anticipated actions, and other details that would assist individuals in evading our law enforcement efforts. Our judgments begin with the premise that we will disclose as much as possible that is re-sponsive to the Committee’s interests, con-sistent with our responsibilities to bring to justice those who are responsible for the death of Agent Terry and those who violate federal firearms laws.\n110 \nThe June 14, 2011, letter arrived one day \nafter the Committee held a hearing featuring constitutional experts discussing the legal obligations of the Department to comply with a congressional subpoena. The Depart-ment’s letter did not address the views ex-pressed at the hearing, instead reiterating its internal policy. The letter noted that the Department would not provide access to doc-uments discussing its use of ‘‘sensitive tech-niques’’—even though these techniques were central to the Committee’s investigation. \nOn July 5, 2011, Chairman Issa and Senator \nGrassley wrote to the Department about se-rious issues involving the lack of informa-tion sharing among Department components, in particular, between the FBI and DEA.\n111 \nThese issues raised the possibility that the Department had been deliberately con-cealing information about Fast and Furious from the Committee, including the roles of its component agencies. The next day, the Department responded. It wrote: \nYour letter raises concerns about the al-\nleged role of other agencies in matters that you say touch on Operation Fast and Furi-\nous. Chairman Issa’s staff previously raised this issue with representatives of the Depart-ment and it is my understanding that discus-sions about whether and how to provide any such sensitive law enforcement information have been ongoing. . . .\n112 \nOn July 11, 2011, Chairman Issa and Sen-\nator Grassley wrote to the FBI requesting information on the issue of information sharing within the Department. The letter included a request for information relating to the murder of Immigrations and Customs Enforcement Agent Jaime Zapata.\n113On Au-\ngust 12, 2011, the FBI responded. It wrote: \nYour letter also asks for specific informa-\ntion related to the crime scene and events leading to the murder of ICE Agent Jaime Zapata in Mexico on February 15, 2011. As you know, crime scene evidence and the cir-cumstances of a crime are generally not made public in an ongoing investigation. Furthermore, the investigative reports of an ongoing investigation are kept confidential during the investigation to preserve the in-tegrity of the investigation and to ensure its successful conclusion. We regret that we can-not provide more details about the investiga-tion at this time, but we need to ensure all appropriate steps are taken to protect the integrity of the investigation.\n114 \nThe FBI did not provide any documents to \nthe Committee regarding the information sharing issues raised, though it did offer to provide a briefing to staff. It delivered that briefing nearly two months later, on October 5, 2011. \nOn October 11, 2011, the Department wrote \nto Chairman Issa. The Department stated: \nWe believe that we have now substantially \nconcluded our efforts to respond to the Com-mittee requests set forth in the subpoena and the letter of June 8th.\n115 \nThe Department was well aware that the \nCommittee was struggling to understand how the Department created its February 4, 2011, letter to Senator Grassley, which the Committee believed to contain false infor-mation. To that end, the Department stated: \nAs we have previously explained to Com-\nmittee staff, we have also withheld internal communications that were generated in the course of the Department’s effort to respond to congressional and media inquiries about Operation Fast and Furious. These records were created in 2011, well after the comple-tion of the investigative portion of Operation Fast and Furious that the Committee has been reviewing and after the charging deci-sions reflected in the January 25, 2011, in-dictments. Thus, they were not part of the communications regarding the development and implementation of the strategy deci-sions that have been the focus of the Com-mittee’s inquiry. It is longstanding Execu-tive Branch practice not to disclose docu-ments falling into this category because dis-closure would implicate substantial Execu-tive Branch confidentiality interests and separation of powers principles. Disclosure would have a chilling effect on agency offi-cials’ deliberations about how to respond to inquiries from Congress or the media. Such a chill on internal communications would interfere with our ability to respond as effec-tively and efficiently as possible to congres-\nsional oversight requests.\n116 \nThe next day, the Committee issued a sub-\npoena to Attorney General Holder. \n(b) October 12, 2011, Subpoena \nOn October 31, 2011, the Department pro-\nduced its first batch of documents pursuant to the Committee’s October 12, 2011, sub-poena.\n117This production consisted of 652 \npages. Of these 652 pages, 116 were about the Kingery case, a case that the Department wanted to highlight in an attempt to dis-credit some of the original Fast and Furious whistleblowers. Twenty-eight additional pages were about an operation from the prior administration, the Hernandez case, and 245 pages were about another operation from the prior administration, Operation Wide Re-ceiver. \nAlthough the subpoena covered documents \nfrom the Hernandez and Wide Receiver cases, their inclusion into the first production batch under the subpoena was indicative of the Department’s strategy in responding to the subpoena. The Department briefed the press on these documents at the same time as it produced them to the Committee. The Department seemed more interested in spin control than in complying with the congres-sional subpoena. Sixty percent of the docu-ments in this first production were related to either Kingery, Hernandez, or Wide Re-ceiver, and therefore, unrelated to the grava-men of the Committee’s investigation into Fast and Furious. \nOn December 2, 2011, shortly before the At-\ntorney General’s testimony before the House Judiciary Committee, the Department pro-duced 1,364 pages of documents pertaining to the creation of its February 4, 2011, letter.\n118 \nDespite its statements in the October 11, 2011, letter, the Department, through a letter from Deputy Attorney General James Cole, publicly admitted under pressure its obvious misstatements, formally acknowledging that the February 4, 2011, letter ‘‘contains inac-curacies.’’\n119 \nOn December 13, 2011, on the eve of the \nCommittee’s interview with Gary Grindler, Chief of Staff to the Attorney General, the Department produced 19 pages of responsive documents.\n120 \nOn January 5, 2012, the Department pro-\nduced 482 pages of documents responsive to the subpoena.\n121Of these 482 pages, 304 of \nthem, or 63 percent, were related to the Wide Receiver case. This production brought the total number of pages produced pursuant to Wide Receiver to 549, nearly 100 more than the Department had produced at that time regarding Fast and Furious in three docu-ment productions. \nOn January 27, 2012, the Department pro-\nduced 486 pages of documents pursuant to the October 12, 2011, subpoena.\n122In its cover \nletter, the Department stated, ‘‘[t]he major-ity of materials produced today are respon-sive to items 7, 11 and 12 of your October 11 subpoena.’’ There are no documents in the production, however, responsive to items 7(b) or 11(b)(i–v). The Department wrote in its January 27 cover letter: \nWe are producing or making available for \nreview materials that are responsive to these \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4186 June 28, 2012 \n123Id. \n124Jan. 31 Letter, supra note 102. \n125Letter from Deputy Att’y Gen. James Cole to \nChairman Darrell Issa (Feb. 1, 2012) [hereinafter Feb. 1 Letter]. \n126Letter from Ass’t Att’y Gen. Ronald Weich to \nChairman Darrell Issa (Feb. 16, 2012) [hereinafter Feb. 16 Letter]. 127Letter from Ass’t Att’y Gen. Ronald Weich to \nChairman Darrell Issa (Feb. 27, 2012). \n128Letter from Ass’t Att’y Gen. Ronald Weich to \nChairman Darrell Issa (Mar. 2, 2012). \n129The most recent production by the Department, \non May 15, 2012, ended with Bates number HOGR 006988. \n130May 15 Cole Letter, supra note 69. 131Oversight Hearing on the United States Department \nof Justice: Hearing Before the H. Comm. on the Judici-ary, 112th Cong. (Dec. 8, 2011) (Test. of Hon. Eric H. \nHolder, Jr., Att’y Gen. of the U.S.). \n132Id. \n133Transcribed Interview of Gary Grindler, Chief of \nStaff to the Att’y Gen., at 22 (Dec. 14, 2011) [herein-after Grindler Tr.]. \n134Id. \n135Transcribed Interview of Jason Weinstein, Dep-\nuty Ass’t Att’y Gen. at 177 (Jan. 10, 2012). \n136Transcribed Interview of Dennis K. Burke at \n158–60 (Dec. 13, 2011). \n137Id. at 158–59. items, most of which pertain to the specific \ninvestigations that we have already identi-fied to the Committee. We are not, however, providing materials pertaining to other mat-ters, such as documents regarding ATF cases that do not appear to involve the inappro-priate tactics under review by the Com-mittee; non-ATF cases, except for certain in-formation relating to the death of Customs and Border Protection Agent Brian Terry; administrative matters; and personal records.\n123 \nThe Department refused to produce docu-\nments pursuant to the subpoena regarding investigations that it had not previously specified to the Committee, or investigations that ‘‘do not appear’’ to involve inappro-priate tactics. In doing so, the Department made itself the sole arbiter of the Commit-tee’s investigative interests, as well as of the use of ‘‘inappropriate’’ tactics. The Depart-ment has prevented Congress from executing its constitutionally mandated oversight function, preferring instead to self-regulate. \nThe October 12, 2011, subpoena, however, \ncovers all investigations in which ATF failed to interdict weapons that had been illegally purchased or transferred—not just those cases previously identified by the Depart-ment. The subpoena does not give the De-partment the authority to define which tac-tics are inappropriate. Rather, the language in sections 4 and 5 of the subpoena schedule is clear. The Department’s refusal to cooper-ate on this front and only produce docu-ments about investigations that it had pre-viously identified—documents that support the Department’s press strategy—is in viola-tion of its obligation to cooperate with con-gressional oversight. \nOn January 31, 2012, Chairman Issa again \nwrote to the Attorney General, this time asking that the Department produce all doc-uments pursuant to the subpoena by Feb-ruary 9, 2012.\n124The following day, the De-\npartment responded. It stated: \nYour most recent letter asks that we com-\nplete the production process under the Octo-ber 11, 2011, subpoena by February 9, 2012. The broad scope of the Committee’s requests and the volume or material to be collected, processed and reviewed in response make it impossible to meet that deadline, despite our good faith efforts. We will continue in good faith to produce materials, but it simply will not be possible to finish the collection, proc-essing and review of materials by the date sought in your most recent letter.\n125 \nYet, as discussed in Section V.B above, the \nDepartment was acutely aware in October 2011, approximately three months earlier, ex-actly what categories of documents the Com-mittee was seeking. In response to the sub-poena, the Department had, up to February 1, 2012, produced more documents relating to a single operation years before Fast and Fu-rious even began than it had relating to Op-eration Fast and Furious itself. \nOn February 16, 2012, the Department pro-\nduced 304 pages of documents pursuant to the subpoena.\n126The production included \nnearly 60 pages of publicly available and pre-viously produced information, as well as other documents previously produced to the Committee. \nOn February 27, 2012, the Department pro-\nduced eight pages pursuant to the sub-poena.\n127These eight pages, given to the \nCommittee by a whistleblower ten months earlier, were produced only because a tran-scribed interview with a former Associate Deputy Attorney General was to take place the next day. \nOn March 2, 2012, the Department produced \n26 pages of documents pursuant to the Octo-ber 12, 2011, subpoena.\n128Five of these docu-\nments were about the Kingery case. Four-teen documents—over half of the produc-tion—related to Wide Receiver. Seven pages were duplicate copies of a press release al-ready produced to the Committee. \nOn March 16, 2012, the Department pro-\nduced 357 pages of documents pursuant to the subpoena. Three hundred seven of these pages, or 86 percent, related to the Her-nandez and Medrano cases from the prior Ad-ministration. Twenty other pages had been previously produced by the Department, and seven pages were publicly available on the Justice Department’s website. \nOn April 3, 2012, the Department produced \n116 pages of documents pursuant to the sub-poena. Forty four of these pages, or 38 per-cent, related to cases other than Fast and Furious. On April 19, 2012, the Department produced 188 pages of documents pursuant to the subpoena. \nOn May 15, 2012, the Department produced \n29 pages of documents pursuant to the sub-poena. Ten of these pages, or 36 percent, re-lated to cases other than Fast and Furious. \nThe Department has produced a total of \n6,988 pages to the Committee to date.\n129 \nThough the Department recently stated that it has ‘‘provided documents to the Com-mittee at least twice every month since late last year,’’ the Department has not produced any documents to the Committee in over 30 days.\n130 \n(c) Post-February 4, 2011, Documents \nMany of the documents the October 12, \n2011, subpoena requires were created or pro-duced after February 4, 2011. The Depart-ment first responded to Congress about Fast and Furious on this date. The Department has steadfastly refused to make any docu-ments created after February 4, 2011, avail-able to the Committee. \nThe Department’s actions following the \nFebruary 4, 2011, letter to Senator Grassley are crucial in determining how it responded to the serious allegations raised by the whis-tleblowers. The October 12, 2011, subpoena covers documents that would help Congress understand what the Department knew about Fast and Furious, including when and how it discovered its February 4 letter was false, and the Department’s efforts to con-ceal that information from Congress and the public. Such documents would include those relating to actions the Department took to silence or retaliate against Fast and Furious whistleblowers and to find out what had hap-pened, and how the Department assessed the culpability of those involved in the program. \nThe Attorney General first expressed the \nDepartment’s position regarding documents created after February 4, 2011, in his testi-mony before the House Judiciary Committee on December 8, 2011. In no uncertain terms, he stated: \n[W]ith regard to the Justice Department as \na whole—and I’m certainly a member of the Justice Department—we will not provide memos after February the 4th . . . e-mails, memos—consistent with the way in which \nthe Department of Justice has always con-\nducted itself in its interactions.\n131 \nHe again impressed this point upon Com-\nmittee Members later in the hearing: \nWell, with the regard to provision of e- \nmails, I thought I’ve made it clear that after February the 4th it is not our intention to provide e-mail information consistent with the way in which the Justice Department has always conducted itself.\n132 \nThe Department reiterated this position \nless than a week later in a December 14, 2011, transcribed interview of Gary Grindler, the Attorney General’s Chief of Staff. Depart-ment counsel broadened the Department’s position with respect to sharing documents created after February 4, 2011, in refusing to allow Grindler to answer any questions re-lating to conversations that he had with anyone in the Department regarding Fast and Furious after February 4, 2011. Grindler stated: \nWhat I am saying is that the Attorney \nGeneral made it clear at his testimony last week that we are not providing information to the committee subsequent to the Feb-ruary 4th letter.\n133 \nDepartment counsel expanded the position \nthe Attorney General articulated regarding documentary evidence at the House Judici-ary Committee hearing to include testi-monial evidence as well.\n134Given the initial \nresponse by the Department to the congres-sional inquiry into Fast and Furious, the comments by Department counsel created a barrier preventing Congress from obtaining vital information about Fast and Furious. \nThe Department has maintained this posi-\ntion during additional transcribed inter-views. In an interview with Deputy Assistant Attorney General Jason Weinstein on Janu-ary 10, 2012, Department counsel prohibited him from responding to an entire line of questioning about his interactions with the Arizona U.S. Attorney’s Office because it ‘‘implicates the post-February 4th pe-riod.’’\n135 \nUnderstanding the post-February 4th pe-\nriod is critical to the Committee’s investiga-tion. Furthermore, documents from this pe-riod are responsive to the October 12, 2011, subpoena. For example, following the Feb-ruary 4, 2011, letter, Jason Weinstein, at the behest of Assistant Attorney General Breuer, prepared an analytical review of Fast and Furious.\n136Weinstein interviewed Emory \nHurley and Patrick Cunningham of the Ari-zona U.S. Attorney’s office as part of this re-view.\n137The document that resulted from \nWeinstein’s analysis specifically discussed issues relevant to the Committee’s inquiry. To date, the Department has not produced documents related to Weinstein’s review to the Committee. \nChairman Issa has sent several letters urg-\ning the Department to produce documents pertaining to the Fast and Furious from the post-indictment period, and raising the pos-sibility of contempt if the Attorney General chose not to comply. Initially, the Depart-ment refused to produce any documents cre-ated after January 25, 2011, the date that the \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4187 June 28, 2012 \n138Letter from Chairman Darrell Issa to Ass’t \nAtt’y Gen. Ronald Weich (Nov. 9, 2011). \n139See, e.g., Grindler Tr. at 22. \n140Jan. 31 Letter, supra note 102. \n141Feb. 1 Letter, supra note 125. 142Id. \n143Feb. 14 Letter, supra note 103. \n144Id (emphasis in original). 145Feb. 16 Letter, supra note 126. case was unsealed. On November 9, 2011, \nChairman Issa wrote to the Department: \nOver the past six months, Senator Grassley \nand I have asked for this information on many occasions, and each time we have been told it would not be produced. This informa-tion is covered by the subpoena served on the Attorney General on October 12, 2011, and I expect it to be produced no later than Wednesday, November 16, at 5:00 p.m. Failure to comply with this request will leave me with no other alternative than the use of compulsory process to obtain your testi-mony under oath. \n* * * * * * \n* \nUnderstanding the Department’s actions \nafter Congress started asking questions about Fast and Furious is crucial. As you know, substantial effort was expended to hide the actions of the Department from Congress . . . I expect nothing less than full compliance with all aspects of the subpoena, including complete production of documents created after the indictments were unsealed on January 25, 2011.\n138 \nOn December 2, 2011, the Department pro-\nduced documents pertaining to its February 4, 2011, response to Senator Grassley. When the Attorney General testified before Con-gress on December 8, 2011, he created a new \ncutoff date of February 4, 2011, after which no documents would be produced to Con-gress, despite the fact that such documents were covered by the October 12, 2011, sub-poena. In support of this position regarding post-February 4, 2011, documents, in tran-scribed interviews, Department representa-tives have asserted a ‘‘separation of powers’’ privilege without further explanation or ci-tation to legal authority.\n139The Department \nhas not cited any legal authority to support this new, extremely broad assertion of privi-lege. \nOn January 31, 2012, Chairman Issa wrote \nto the Attorney General about this new, ar-bitrary date created by the Department, and raised the possibility of contempt: \nIn short, the Committee requires full com-\npliance with all aspects of the subpoena, in-cluding complete production of documents created after the Department’s February 4, 2011, letter .... I f the Department continues \nto obstruct the congressional inquiry by not providing documents and information, this Committee will have no alternative but to move forward with proceedings to hold you in contempt of Congress.\n140 \nThe Department responded the following \nday. It said: \nTo the extent responsive materials exist \nthat post-date congressional review of this matter and were not generated in that con-text or to respond to media inquiries, and likewise do not implicate other recognized Department interests in confidentiality (for example, matters occurring before a grand jury, investigative activities under seal or the disclosure of which is prohibited by law, core investigative information, or matters reflecting internal Department delibera-tions), we intend to provide them.\n141 \nThe Department quoted from its October \n11, 2011, letter, stating: \n[A]s we have previously explained to Com-\nmittee staff, we have also withheld internal communications that were generated in the course of the Department’s effort to respond to congressional and media inquiries about \nOperation Fast and Furious. These records were created in 2011, well after the comple-tion of the investigative portion of Operation Fast and Furious that the Committee has been reviewing and after the charging deci-sions reflected in the January 25, 2011, in-dictments. Thus, they were not part of the communications regarding the development and implementation of the strategy deci-sions that have been the focus of the Com-mittee’s inquiry. It is longstanding Execu-tive Branch practice not to disclose docu-ments falling into this category because dis-closure would implicate substantial Execu-tive Branch confidentiality interests and separation of powers principles. Disclosure would have a chilling effect on agency offi-cials’ deliberations about how to respond to inquiries from Congress or the media. Such a chill on internal communications would interfere with our ability to respond as effec-tively and efficiently as possible to congres-sional oversight requests.\n142 \nOn February 14, 2012, Chairman Issa again \nwrote to the Department regarding post-Feb-\nruary 4, 2011, documents, and again raised the possibility of contempt: \nComplying with the Committee’s subpoena \nis not optional. Indeed, the failure to produce documents pursuant to a congres-sional subpoena is a violation of federal law. The Department’s letter suggests that its failure to produce, among other things, ‘‘de-liberative documents and other internal communications generated in response to congressional oversight requests’’ is based on the premise that ‘‘disclosure would com-promise substantial separation of powers principles and Executive Branch confiden-tiality interests.’’ Your February 4, 2011, cut- off date of providing documents to the Com-mittee is entirely arbitrary, and comes from a ‘‘separation of powers’’ privilege that does not actually exist. \nYou cite no legal authority to support your \nnew, extremely broad assertion. To the con-trary, as you know, Congress possesses the ‘‘power of inquiry.’’ Furthermore, ‘‘the issuance of a subpoena pursuant to an au-thorized investigation is . . . an indispen-sable ingredient of lawmaking.’’ Because the Department has not cited any legal author-ity as the basis for withholding documents, or provided the Committee with a privilege log with respect to documents withheld, its efforts to accommodate the Committee’s constitutional obligation to conduct over-sight of the Executive Branch are incom-plete.\n143 \n* * * * * * \n* \nPlease specify a date by which you expect \nthe Department to produce all documents re-\nsponsive to the subpoena. In addition, please specify a Department representative who will interface with the Committee for pro-duction purposes. This individual should also serve as the conduit for dealing with possible contempt proceedings, should the Depart-ment continue to ignore the Committee’s subpoena.\n144 \nOn February 16, 2012, the Department re-\nsponded. The response did not address the post-February 4, 2011, documents, nor did it address the possibility of contempt. The De-partment’s letter stated: \nWe have produced documents to the Com-\nmittee on a rolling basis; since late last year these productions have occurred approxi-mately twice a month. It is our intent to ad-here to this rolling production schedule until \nwe have completed the process of producing all responsive documents to which the Com-mittee is entitled, consistent with the long-standing policies of the Executive Branch across administrations of both parties. More-over, we intend to send a letter soon memo-rializing our discussions with your staff about the status of our production of docu-ments within the various categories of the subpoena. \nOur efforts to cooperate with the Com-\nmittee have been a significant undertaking, involving a great deal of hard work by a large number of Department employees. The Department has been committed to pro-viding the documents and information nec-essary to allow the Committee to satisfy its core oversight interests regarding the use of inappropriate tactics in Fast and Furious. \nThe Department, however, has yet to \nproduce any documents pursuant to the sub-poena created after February 4, 2011. Despite warnings by Chairman Issa that the Com-mittee would initiate contempt if the De-partment failed to comply with the sub-\npoena, the Department has refused to produce documents. \n(d) Interview Requests \nIn addition to the October 12, 2011, sub-\npoena, the Committee has requested to inter-view key individuals in Operation Fast and Furious and related programs. The Com-mittee accommodated the Department’s re-quest to delay an interview with Hope MacAllister, the lead case agent for Oper-ation Fast and Furious, despite her vast knowledge of the program. The Committee agreed to this accommodation due to the De-partment’s expressed concern about inter-viewing a key witness prior to trial. \nThroughout the investigation, the Depart-\nment has had an evolving policy with regard to witnesses that excluded ever-broader cat-egories of witnesses from participating in volunteer interviews. The Department first refused to allow line attorneys to testify in transcribed interviews, and then it prevented first-line supervisors from testifying. Next, the Department refused to make Senate-con-firmed Department officials available for transcribed interviews. One such Senate-con-firmed official, Assistant Attorney General Lanny Breuer, is a central focus in the Com-mittee’s investigation. On February 16, 2012, the Department retreated somewhat from its position, noting in a letter to the Committee that it was ‘‘prepared to work with [the Committee] to find a mutually agreeable date for [Breuer] to appear and answer the Committee’s questions, whether or not that appearance is public.’’\n145The Department \nhas urged the Committee to reconsider this interview request. \nWhile the Department has facilitated a \ndozen interviews to avoid compulsory deposi-tions, there have been several instances in which the Department has refused to cooper-ate with the Committee in scheduling inter-views. The Department has stated that it would not make available certain individuals that the Committee has requested to inter-view. On December 6, 2011, the Department wrote: \nWe would like to defer any final decisions \nabout the Committee’s request for Mr. Swartz’s interview until we have identified any responsive documents, some of which may implicate equities of another agency. The remaining employees you have asked to interview are all career employees who are either line prosecutors or first- or second- level supervisors. James Trusty and Michael Morrissey were first-level supervisors during \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4188 June 28, 2012 \n146Dec. 6 Letter, supra note 64. \n147Letter from Tobin Romero, Williams & Con-\nnolly LLP, to Chairman Darrell Issa (Jan. 19, 2012). \n148Letter from Chairman Darrell Issa to Att’y Gen. \nEric Holder (Jan. 24, 2012). 149Letter from Speaker John Boehner et al. to \nAtt’y Gen. Eric Holder (May 18, 2012). \n150May 15 Cole Letter, supra note 69. the time period covered by the Fast and Fu-\nrious investigation, and Kevin Carwile was a second-level supervisor. The remaining three employees you have asked to interview— Emory Hurley, Serra Tsethlikai, and Joseph Cooley—are line prosecutors. We are not pre-pared to make any of these attorneys avail-able for interviews.\n146 \nThe Department did, however, make Pat-\nrick Cunningham, Chief of the Criminal Di-vision for the U.S. Attorney’s Office in Ari-zona, available for an interview. The Com-mittee had been requesting to interview Cunningham since summer 2011. The Depart-ment finally allowed access to Cunningham for an interview in December 2011. Cunningham chose to retain private counsel instead of Department counsel. On January 17, 2012, Cunningham canceled his interview scheduled for the Committee on January 19, 2012. \nChairman Issa issued a subpoena to \nCunningham to appear for a deposition on January 24, 2012. In a letter dated January 19, 2012, Cunningham’s counsel informed the Committee that Cunningham would ‘‘assert his constitutional privilege not to be com-pelled to be a witness against himself.’’\n147On \nJanuary 24, 2012, Chairman Issa wrote to the Attorney General to express that the ab-sence of Cunningham’s testimony would make it ‘‘difficult to gauge the veracity of some of the Department’s claims’’ regarding Fast and Furious.\n148 \nOn January 27, 2012, Cunningham left the \nDepartment of Justice. After months of Committee requests, the Department finally made him available for an interview just be-fore he left the Department. The actions of the Department in delaying the interview and Cunningham’s own assertion of the Fifth Amendment privilege delayed and denied the Committee the benefit of his testimony. \n5. FAILURE TO TURN OVER DOCUMENTS \nThe Department has failed to turn over \nany documents pertaining to three main cat-egories contained in the October 12, 2011, subpoena. \n(a) Who at Justice Department Headquarters \nShould Have Known of the Reckless Tactics \nThe Committee is seeking documents re-\nlating to who had access to information about the objectionable tactics used in Oper-ation Fast and Furious, who approved the use of these tactics, and what information was available to those individuals when they approved the tactics. Documents that whis-tleblowers have provided to the Committee indicate that those officials were the senior officials in the Criminal Division, including Lanny Breuer and one of his top deputies, Jason Weinstein. \nDocuments in this category include those \nrelating to the preparation of the wiretap ap-plications, as well as certain ATF, DEA, and FBI Reports of Investigation. Key decision makers at Justice Department headquarters relied on these and other documents to ap-prove the investigation. \n(b) How the Department Concluded that Fast \nand Furious was ‘‘Fundamentally Flawed’’ \nThe Committee requires documents from \nthe Department relating to how officials learned about whistleblower allegations and what actions they took as a result. The Com-mittee is investigating not just management of Operation Fast and Furious, but also the Department’s efforts to slow and otherwise interfere with the Committee’s investiga-tion. For months after the congressional inquiry \nbegan, the Department refused to acknowl-edge that anything improper occurred during Fast and Furious. At a May 5, 2011, meeting with Committee staff, a Department rep-resentative first acknowledged that ‘‘there’s a there, there.’’ The Attorney General ac-knowledged publicly that Fast and Furious was ‘‘fundamentally flawed’’ on October 7, 2011. On December 2, 2011, the Department fi-nally admitted that its February 4, 2011, let-ter to Senator Grassley contained false in-formation—something Congress had been telling the Department for over seven months. \nDocuments in this category include those \nthat explain how the Department responded to the crisis in the wake of the death of U.S. Border Patrol Agent Brian Terry. These doc-uments will reveal when the Department re-alized it had a problem, and what actions it took to resolve that problem. These docu-ments will also show whether senior Depart-ment officials were surprised to learn that gunwalking occurred during Fast and Furi-ous, or if they already knew that to be the case. These documents will also identify who at the Department was responsible for au-thorizing retaliation against the whistle-blowers. The documents may also show the Department’s assignment of responsibility to officials who knew about the reckless con-duct or were negligent during Fast and Furi-ous. \n(c) How the Inter-Agency Task Force Failed \nThe Organized Crime Drug Enforcement \nTask Force (OCDETF) program was created to coordinate inter-agency information shar-ing. As early as December 2009, the DEA shared information with ATF that should have led to arrests and the identification of the gun trafficking network that Fast and Furious sought to uncover. The Committee has received information suggesting that, after arrests were made one year later, ATF discovered that two Mexican drug cartel as-sociates at the top of the Fast and Furious network had been designated as national se-curity assets by the FBI, and at times have been paid FBI informants. Because of this cooperation, these associates are considered by some to be unindictable. \nDocuments in this category will reveal the \nextent of the lack of information-sharing among DEA, FBI, and ATF. Although the Deputy Attorney General is aware of this problem, he has expressed little interest in resolving it. \nVI. ADDITIONAL ACCOMMODATIONS BY \nTHE COMMITTEE \nAs discussed above in Section V.C.5, the \nDepartment has failed to turn over any docu-ments responsive to three main categories covered by the October 12, 2011, subpoena: \n(a) Who at Justice Department Head-\nquarters Should Have Known of the Reckless Tactics; \n(b) How the Department Concluded that \nFast and Furious was ‘‘Fundamentally Flawed’’; and, \n(c) How the Inter-Agency Task Force \nFailed. \nThe Committee notified the Justice De-\npartment on multiple occasions that its fail-ure to produce any documents responsive to these three categories would force the Com-mittee to begin contempt proceedings against the Attorney General. \nOn May 18, 2012, Chairman Issa, along with \nSpeaker John Boehner, Majority Leader Eric Cantor, and Majority Whip Kevin McCarthy, wrote a letter to the Attorney General. As an accommodation to the Department, the letter offered to narrow the scope of docu-ments the Department needed to provide in order to avoid contempt proceedings.\n149Doc-\numents in category (c) are outside the scope of the narrowed request, and so the Depart-ment no longer needed to produce them to avoid contempt proceedings, even though such documents are covered by the October 12, 2011, subpoena. \nThe Committee also obtained copies of \nwiretap applications authorized by senior Department officials during Operation Fast and Furious. These documents, given to the Committee by whistleblowers, shined light on category (a). Still, many subpoenaed doc-uments under this category have been delib-erately withheld by the Department. These documents are critical to understanding who is responsible for failing to promptly stop Fast and Furious. The Department has cited such documents as ‘‘core investigative’’ ma-terials that pertain to ‘‘pending law enforce-ment matters.’’\n150To accommodate the De-\npartment’s interest in successfully pros-ecuting criminal defendants in this case, the Committee is willing to accept production of these documents after the current prosecu-tions of the 20 straw purchasers indicted in January 2011, have concluded at the trial level. This deferment should in no way be in-terpreted as the Committee ceding its legiti-mate right to receive these documents, but instead solely as an accommodation meant to alleviate the Department’s concerns about preserving the integrity of the ongoing pros-ecutions. \nIn addition to deferring production of cat-\negory (a) documents, the Committee is also willing to view these documents in camera \nwith limited redactions. These accommoda-tions represent a significant commitment on the part of the Committee to negotiating in good faith to avoid contempt. \nUnlike documents in category (a), the De-\npartment has no legitimate interest in lim-iting the Committee’s access to documents in category (b). On February 4, 2011, the De-partment wrote a letter to Congress cat-egorically denying that gunwalking had oc-curred. This letter was false. Still, it was not withdrawn until December 2011. The Com-mittee has a right to know how the Depart-ment learned that gunwalking did in fact occur, and how it handled the fallout inter-\nnally. The deliberative process privilege is not recognized by Congress as a matter of law and precedent. By sending a letter that contained false and misleading statements, the Department forfeited any reasonable ex-pectation that the Committee would accom-modate its interest in withholding delibera-tive process documents. \nOn June 20, 2012, minutes before the start \nof the Committee’s meeting to consider a resolution holding the Attorney General in contempt, the Committee received a letter from Deputy Attorney General James Cole claiming that the President asserted execu-tive privilege over certain documents cov-ered by the subpoena. The Committee has a number of concerns about the validity of this assertion: \n1. The assertion was transparently not a \nvalid claim of privilege given its last minute nature; \n2. The assertion was obstructive given that \nit could have and should have been asserted months ago, but was not until literally the day of the contempt mark-up; \n3. The assertion is eight months late. It \nshould have been made by October 25, 2011, the subpoena return date; \n4. To this moment, the President himself \nhas not indicated that he is asserting execu-tive privilege; \n5. The assertion is transparently invalid in \nthat it is not credible that every document \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4189 June 28, 2012 \n151In re Sealed Case, 121 F.3d 729, 752 (D.C. Cir \n1997). \n152Todd Garvey & Alissa M. Dolan, Congressional Re-\nsearch Service, Congress’s Contempt Power: Law, His-tory, Practice, & Procedure , no. RL34097, Apr. 15, 2008 \n[hereinafter CRS Contempt Report]. \n153Id. \n154Id. \n155Id. 156Id. \n157Id. \n158Id.: quoting Asher C. Hinds, Precedents of the \nHouse of Representatives, Sec. 1603 (1907). \n159Id. \n160Id. at 5. \n161Id. at 6. \n162Id. at 14. \n163Id. \n164Wm. Holmes Brown et al., House Practice: A \nGuide to the Rules, Precedents, and Procedures of the House , 450 (2011). \n165Id. at 20, 22. \n166David E. Rosenbaum, Panel Votes to Charge Reno \nWith Contempt of Congress , N.Y. TIMES (Aug. 7, 1998). \n167Id. \n168Laurie Kellman, Waxman Threatens Mukasey \nWith Contempt Over Leak , U.S.A. TODAY (July 8, \n2008); Richard Simon, White House Says No to Con-\ngress’ EPA Subpoena , L.A. TIMES (June 21, 2008). \n169Press Release, Rep. Henry Waxman, Chairman \nWaxman Warns Attorney General of Scheduled Con-tempt Vote (July 8, 2008) http://oversight-ar-\nchive.waxman.house.gov/story.asp?ID=2067 (last vis-ited Feb. 22, 2012); Press Release, Rep. Henry Wax-man, Chairman Waxman Schedules Contempt Vote \n(June 13, 2008) http://oversight-ar-chive.waxman.house.gov/story.asp?ID=2012 (last vis-ited Feb. 22, 2012). \n170CRS Contempt Report at 54–55. \n171Id. \n172See H. Res. 982. \n173Id. \n174Id. \n175Id. \n176Philip Shenon, House Votes to Issue Contempt Ci-\ntations , N.Y. TIMES (Feb. 15, 2008). \n177CRS Contempt Report at 54–55. \n178Id. \n179H. Comm. on Oversight and Gov’t Ref. Minority \nAdditional Views, EPA, OIRA Investigations & Exec. \nContinued withheld involves a ‘‘communication[ ] au-\nthored or solicited and received by those members of an immediate White House ad-viser’s staff who have broad and significant \nresponsibility for investigating and formu-lating the advice to be given the President on the particular matter to which the com-munications relate,’’;\n151 \n6. The assertion is transparently invalid \nwhere the Justice Department has provided no details by which the Committee might evaluate the applicability of the privilege, such as the senders and recipients of the doc-uments; \n7. Even if the privilege were valid as an ini-\ntial matter, which it is not, it certainly has been overcome here, as: (i) the Committee has demonstrated a sufficient need for the documents as they are likely to contain evi-dence important to the Committee’s inquiry and (ii) the documents sought cannot be ob-tained any other way. The Committee has spent 16 months investigating, talking to dozens of individuals, and collecting docu-ments from many sources. The remaining documents are ones uniquely in the posses-sion of the Justice Department; and, \n8. Without these documents, the Commit-\ntee’s important legislative work will con-tinue to be stymied. The documents are nec-essary to evaluate what government reform is necessary within the Justice Department to avoid the problems uncovered by the in-vestigation in the future. \nThe President has now asserted executive \nprivilege. This assertion, however, does not change the fact that Attorney General Eric Holder Jr. is in contempt of Congress today for failing to turn over lawfully subpoenaed documents explaining the Department’s role in withdrawing the false letter it sent to Congress. \nVII. HISTORICAL PERSPECTIVES ON \nCONTEMPT \nContempt proceedings in Congress date \nback over 215 years. These proceedings pro-vide Congress a valuable mechanism for ad-judicating its interests. Congressional his-tory is replete with examples of the pursuit of contempt proceedings by House commit-tees when faced with strident resistance to their constitutional authority to exercise in-vestigative power. \nA. P\nASTINSTANCES OF CONTEMPT \nCongress first exercised its contempt au-\nthority in 1795 when three Members of the House charged two businessmen, Robert Randall and Charles Whitney, with offering bribes in exchange for the passage of legisla-tion granting Randall and his business part-ners several million acres bordering Lake Erie.\n152This first contempt proceeding began \nwith a resolution by the House deeming the allegations were adequate ‘‘evidence of an attempt to corrupt,’’ and the House reported a corresponding resolution that was referred to a special committee.\n153The special com-\nmittee reported a resolution recommending formal proceedings against Randall and Whitney ‘‘at the bar of the House.’’\n154 \nThe House adopted the committee resolu-\ntion which laid out the procedure for the contempt proceeding. Interrogatories were exchanged, testimony was received, Randall and Whitney were provided counsel, and at the conclusion, on January 4, 1796, the House voted 78–17 to adopt a resolution finding Randall guilty of contempt.\n155As punish-ment Randall was ‘‘ordered [ ] to be brought \nto the bar, reprimanded by the Speaker, and held in custody until further resolution of the House.’’\n156Randall was detained until \nJanuary 13, 1796, when the House passed a resolution discharging him.\n157In contrast, \nWhitney ‘‘was absolved of any wrongdoing,’’ since his actions were against a ‘‘member- elect’’ and occurred ‘‘away from the seat of government.’’\n158 \nCongressional records do not demonstrate \nany question or hesitation regarding wheth-er Congress possesses the power to hold indi-viduals in contempt.\n159Moreover, there was \nno question that Congress could punish a non-Member for contempt.\n160Since the first \ncontempt proceeding, numerous congres-sional committees have pursued contempt against obstinate administration officials as well as private citizens who failed to cooper-ate with congressional investigations.\n161 \nSince the first proceeding against Randall and Whitney, House committees, whether standing or select, have served as the vehicle used to lay the foundation for contempt pro-ceedings in the House.\n162 \nOn August 3, 1983, the House passed a privi-\nleged resolution citing Environmental Pro-tection Agency Administrator Anne Gorsuch Burford with contempt of Congress for fail-ing to produce documents to a House sub-committee pursuant to a subpoena.\n163This \nwas the first occasion the House cited a cabi-net-level executive branch member for con-tempt of Congress.\n164A subsequent agree-\nment between the House and the Adminis-trator, as well as prosecutorial discretion, was the base for not enforcing the contempt citation against Burford.\n165 \nWithin the past fifteen years the Com-\nmittee on Oversight and Government Reform has undertaken or prepared for contempt proceedings on multiple occasions. In 1998, Chairman Dan Burton held a vote recom-mending contempt for Attorney General Janet Reno based on her failure to comply with a subpoena issued in connection with the Committee’s investigation into cam-paign finance law violations.\n166On August 7, \n1998, the Committee held Attorney General Reno in contempt by a vote of 24 to 18.\n167 \nDuring the 110th Congress, Chairman \nHenry Waxman threatened and scheduled contempt proceedings against several Ad-ministration officials.\n168Contempt reports \nwere drafted against Attorney General Mi-chael B. Mukasey, Stephen L. Johnson, Ad-ministrator of the U.S. Environmental Pro-tection Agency, and Susan E. Dudley, Ad-ministrator of the Office of Information and Regulatory Affairs (OIRA) in the White House Office of Management and Budget. Business meetings to consider these drafts were scheduled.\n169Former Attorney General Mukasey’s draft contempt report charged \nhim with failing to produce documents in connection to the Committee’s investigation of the release of classified information. Ac-cording to their draft contempt reports, Ad-ministrators Johnson and Dudley failed to cooperate with the Committee’s lengthy in-vestigation into California’s petition for a waiver to regulate greenhouse gas emissions from motor vehicles and the revision of the national ambient air quality standards for ozone. \nMost recently, the House Judiciary Com-\nmittee pursued contempt against former White House Counsel Harriet Miers and White House Chief of Staff Joshua Bolten.\n170 \nOn June 13, 2007, the Committee served sub-poenas on Miers and Bolten.\n171After at-\ntempts at accommodations from both sides, the Committee determined that Miers and Bolten did not satisfactorily comply with the subpoenas. On July 25, 2007, the Com-mittee voted, 22–17, to hold Miers and Bolten in contempt of Congress. \nOn February 14, 2008, the full House, with \nmost Republicans abstaining, voted to hold Miers and Bolten in criminal contempt of Congress by a margin of 223–42.\n172One hun-\ndred seventy-three Members of Congress did not cast a vote either in favor or against the resolution.\n173All but nine Members who ab-\nstained were Republican.174Only three Re-\npublicans supported the contempt resolution for Miers and Bolten.\n175This marked the \nfirst contempt vote by Congress with respect to the Executive Branch since the Reagan Administration.\n176The resolutions passed by \nthe House allowed Congress to exercise all available remedies in the pursuit of con-tempt.\n177The House Judiciary Committee’s \naction against Miers marked the first time that a former administration official had ever been held in contempt.\n178 \nB. D OCUMENT PRODUCTIONS \nThe Department has refused to produce \nthousands of documents pursuant to the Oc-tober 12, 2011, subpoena because it claims certain documents are Law Enforcement Sensitive, others pertain to ongoing criminal investigations, and others relate to internal deliberative process. \nDuring the past ten years, the Committee \non Oversight and Government Reform has undertaken a number of investigations that resulted in strong opposition from the Exec-utive Branch regarding document produc-tions. These investigations include regu-latory decisions of the Environmental Pro-tection Agency (EPA), the leak of CIA opera-tive Valerie Plame’s identity, and the frat-ricide of Army Corporal Patrick Tillman. In all cases during the 110th Congress, the Ad-ministration produced an overwhelming amount of documents, sheltering a narrow few by asserting executive privilege. \nIn 2008, the Committee received or re-\nviewed in camera all agency-level documents \nrelated to the EPA’s decision regarding Cali-fornia’s request for a rule waiver, numbering approximately 27,000 pages in total.\n179Ac-\ncording to a Committee Report, the EPA \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4190 June 28, 2012 \nPrivilege Claims; Missed Opportunities by Majority to \nComplete Investigations , Oct. 22, 2008. \n180Id. \n181Id. \n182Id. \n183Id. \n184Id. \n185Id. \n186Id. \n187H. Comm. on Oversight and Gov’t Ref. Draft Re-\nport, U.S. House of Reps. Regarding President Bush’s \nAssertion of Exec. Privilege in Response to the Comm. Subpoena to Att’y Gen. Michael B. Mukasey , http:// \noversight-archive.waxman.house.gov/documents/ 20081205114333.pdf (last visited Mar. 5, 2012). 188Id. \n189Id. \n190Id. \n191Id. \n192H. Comm. on Oversight and Gov’t Ref. Comm. \nReport, Misleading Information From the Battlefield: \nthe Tillman & Lynch Episodes , H. Rep. 110–858, Sept. \n16, 2008. \n193Id. \n194Id. \n195Id.; The minority views by Hon. Tom Davis \nstates that the Comm. received 50,000 pages of docu-ments and reviewed additional documents in camera. 196Letter from Ass’t Att’y Gen. Ronald Weich to \nChairman Darrell Issa (May 15, 2012). withheld only 32 documents related to the \nCalifornia waiver decision based on execu-tive privilege. These included notes of tele-phone calls or meetings in the White House ‘‘involving at least one high-ranking EPA of-ficial and at least one high-ranking White House official.’’\n180The White House Counsel \ninformed the Committee that these docu-ments represented ‘‘deliberations at the very highest level of government.’’\n181 \nDuring the Committee’s 2008 investigation \ninto the Administration’s promulgation of ozone standards, the EPA produced or al-lowed in camera review of over 35,000 pages of \ndocuments. The President asserted executive privilege over a narrow set of documents, en-compassing approximately 35 pages. One such document included ‘‘talking points for the EPA Administrator to use in a meeting with [the President].’’\n182 \nIn furtherance of the Committee’s ozone \nregulation investigation, OIRA produced or allowed in camera review of 7,500 docu-\nments.\n183Documents produced by EPA and \nOIRA represented pre-decisional opinions of career scientists and agency counsel.\n184 \nThese documents were sensitive because some, if not all, related to ongoing litiga-tion.\n185The OIRA Administrator withheld a \ncertain number of documents that were com-munications between OIRA and certain White House officials, and the President ulti-mately ‘‘claimed executive privilege over these documents.’’\n186 \nAlso during the 110th Congress, the Com-\nmittee investigated the revelation of CIA op-erative Valerie Plame’s identity in the news media. The Committee’s investigation was contemporaneous with the Department of Justice’s criminal investigation into the leak of this classified information—a situa-tion nearly identical to the Committee’s cur-rent investigation into Operation Fast and Furious. \nPursuant to the Committee’s investiga-\ntion, the Justice Department produced FBI reports of witness interviews, commonly re-ferred to as ‘‘302s.’’ Specifically, documents reviewed by the Committee staff during the Valerie Plame investigation included the fol-lowing: \nFBI interviews of federal officials who did \nnot work in the White House, as well as interviews of relevant private individuals . . . total of 224 pages of records of FBI inter-view reports with 31 individuals, including materials related to a former Secretary, Deputy Secretary, Undersecretary [sic], and two Assistant Secretaries of State, and other former or current CIA and State Department officials, including the Vice President’s CIA briefer.\n187 \nTo accommodate the Committee, the De-\npartment permitted in camera review of the \nfollowing: \n[D]ocuments include[ing] redacted reports \nof the FBI interview with Mr. Libby, Andrew Card, Karl Rove, Condoleezza Rice, Stephen Hadley, Dan Bartlett, and Scott McClellan and another 104 pages of additional interview reports of the Director of Central Intel-ligence, and eight other White House or Of-\nfice of the Vice President officials.\n188 \nThe only documents the Justice Depart-\nment declined to produce were the FBI 302s with respect to the interviews of the Presi-dent and the Vice President.\n189Ultimately, \nthe Committee relented in its pursuit of the President’s 302.\n190The Committee, however, \npersisted in its request for the Vice Presi-dent’s 302. As a result, the President asserted executive privilege over that particular doc-ument.\n191 \nThe Committee specifically included 302s \nin its October 12, 2011, subpoena to the Attor-ney General regarding Fast and Furious. These subpoenaed 302s do not include FBI interviews with White House personnel, or even any other Executive Branch employee. Still, in spite of past precedent, the Depart-ment has refused to produce those docu-ments to the Committee or to allow staff an in camera review. \nIn the 110th Congress, the Committee in-\nvestigated the fratricide of Army Corporal Patrick Tillman and the veracity of the ac-count of the capture and rescue of Army Pri-vate Jessica Lynch.\n192The Committee em-\nployed a multitude of investigative tools, in-cluding hearings, transcribed interviews, and non-transcribed interviews. The Administra-tion produced thousands of documents.\n193 \nThe Committee requested the following: \n[T]he White House produce all documents \nreceived or generated by any official in the Executive Office of the President from April 22 until July 1, 2004, that related to Corporal Tillman. The Committee reviewed approxi-mately 1,500 pages produced in response to this request. The documents produced to the Committee included e-mail communications between senior White House officials holding the title of ‘‘Assistant to the President.’’ Ac-cording to the White House, the White House withheld from the Committee only prelimi-nary drafts of the speech President Bush de-livered at the White House Correspondents’ Dinner on May 1, 2004.\n194 \nThe Department of Defense produced over \n31,000 responsive documents, and the Com-mittee received an unprecedented level of ac-cess to documents and personnel.\n195 \nThe Oversight and Government Reform \nCommittee’s investigations over the past five years demonstrate ample precedent for the production of a wide array of documents from the Executive Branch. In these inves-tigations, the Committee received pre- decisional deliberative regulatory docu-ments, documents pertaining to ongoing in-vestigations, and communications between and among senior advisors to the President. The Committee’s October 12, 2011, subpoena calls for many of these same materials, in-cluding 302s and deliberative documents. Still, the Justice Department refuses to comply. \nFurther, the number of documents the De-\npartment has produced during the Commit-tee’s Fast and Furious investigation pales in comparison to those produced in conjunction with the Committee’s prior investigations. In separate EPA investigations, the Com-mittee received 27,000 documents and 35,000 documents respectively. In the Patrick Till-\nman investigation, the Committee received 31,000 documents. Moreover, in the Valerie Plame investigation, the Committee re-ceived access to highly sensitive materials despite the fact that the Justice Department was conducting a parallel criminal investiga-tion. \nAs of May 15, 2012, in the Fast and Furious \ninvestigation, in the light most favorable to the Department of Justice, it has ‘‘provided the Committee over 7,600 pages of docu-ments’’—a small fraction of what has been produced to the Committee in prior inves-tigations and of what the Department has produced to the Inspector General in this matter.\n196This small number reflects the De-\npartment’s lack of cooperation since the Committee sent its first letter to the Depart-ment about Fast and Furious on March 16, 2011. \nVIII. RULES REQUIREMENTS \nE\nXPLANATION OF AMENDMENTS \nMr. Gowdy offered an amendment that up-\ndated the Committee’s Report to reflect that the President asserted the executive privi-lege over certain documents subpoenaed by the Committee. The amendment also up-dated the Report to include the Committee’s concerns about the validity of the Presi-dent’s assertion of the executive privilege. The amendment was agreed to by a recorded vote. \nC\nOMMITTEE CONSIDERATION \nOn June 20, 2012, the Committee on Over-\nsight and Government Reform met in open session with a quorum present to consider a report of contempt against Eric H. Holder, Jr., the Attorney General of the United States, for failure to comply with a Congres-sional subpoena. The Committee approved the Report by a roll call vote of 23–17 and or-dered the Report reported favorably to the House. \nR\nOLLCALLVOTES \nThe following recorded votes were taken \nduring consideration of the contempt Re-port: \n1. Mr. Welch offered an amendment to add \nlanguage to the Executive Summary stating that contempt proceedings at this time are unwarranted because the Committee has not met with former Attorney General Michael Mukasey. \nThe amendment was defeated by a recorded \nvote of 14 Yeas to 23 Nays. \nVoting Yea: Cummings, Towns, Maloney, \nNorton, Kucinich, Tierney, Lynch, Connolly, Quigley, Davis, Braley, Welch, Murphy and Speier. \nVoting Nay: Issa, Burton, Mica, Platts, \nTurner, McHenry, Jordan, Chaffetz, Mack, Walberg, Lankford, Amash, Buerkle, Gosar, Labrador, Meehan, DesJarlais, Walsh, Gowdy, Ross, Guinta, Farenthold and Kelly. \n2. Mr. Lynch offered an amendment asking \nfor an itemized accounting of the costs asso-ciated with the Fast and Furious investiga-tion. \nThe amendment was defeated by a vote of \n15 Yeas to 23 Nays. \nVoting Yea: Cummings, Towns, Maloney, \nNorton, Kucinich, Tierney, Clay, Lynch, Connolly, Quigley, Davis, Braley, Welch, Murphy and Speier. \nVoting Nay: Issa, Burton, Mica, Platts, \nTurner, McHenry, Jordan, Chaffetz, Mack, Walberg, Lankford, Amash, Buerkle, Gosar, Labrador, Meehan, DesJarlais, Walsh, Gowdy, Ross, Guinta, Farenthold and Kelly. \n3. Ms. Maloney offered an amendment to \nadd language to the Executive Summary stating that contempt proceedings at this \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4191 June 28, 2012 \ntime are unwarranted because the Com-\nmittee has not held a public hearing with the former head of the Bureau of Alcohol, To-bacco, Firearms and Explosives, Kenneth Melson. \nThe amendment was defeated by a vote of \n16 Yeas to 23 Nays. \nVoting Yea: Cummings, Towns, Maloney, \nNorton, Kucinich, Tierney, Clay, Lynch, Cooper, Connolly, Quigley, Davis, Braley, Welch, Murphy and Speier. \nVoting Nay: Issa, Burton, Mica, Platts, \nTurner, McHenry, Jordan, Chaffetz, Mack, Walberg, Lankford, Amash, Buerkle, Gosar, Labrador, Meehan, DesJarlais, Walsh, Gowdy, Ross, Guinta, Farenthold and Kelly. \n4. Mr. Gowdy offered an amendment that \nupdated the Committee’s Report to reflect that the President asserted the executive privilege over certain documents subpoenaed by the Committee. The amendment also up-dated the Report to include the Committee’s concerns about the validity of the Presi-dent’s assertion of the executive privilege. The amendment was agreed to by a recorded vote. \nThe amendment was agreed to by a vote of \n23 Yeas to 17 Nays. \nVoting Yea: Issa, Burton, Mica, Platts, \nTurner, McHenry, Jordan, Chaffetz, Mack, Walberg, Lankford, Amash, Buerkle, Gosar, Labrador, Meehan, DesJarlais, Walsh, Gowdy, Ross, Guinta, Farenthold and Kelly. \nVoting Nay: Cummings, Towns, Maloney, \nNorton, Kucinich, Tierney, Clay, Lynch, Cooper, Connolly, Quigley, Davis, Braley, Welch, Yarmuth, Murphy and Speier. \n5. The Resolution was favorably reported, \nas amended, to the House, a quorum being present, by a vote of 23 Yeas to 17 Nays. \nVoting Yea: Issa, Burton, Mica, Platts, \nTurner, McHenry, Jordan, Chaffetz, Mack, Walberg, Lankford, Amash, Buerkle, Gosar, Labrador, Meehan, DesJarlais, Walsh, Gowdy, Ross, Guinta, Farenthold and Kelly. \nVoting Nay: Cummings, Towns, Maloney, \nNorton, Kucinich, Tierney, Clay, Lynch, Cooper, Connolly, Quigley, Davis, Braley, Welch, Yarmuth, Murphy and Speier. A\nPPLICATION OF LAW TO THE LEGISLATIVE \nBRANCH \nSection 102(b)(3) of Public Law 104–1 re-\nquires a description of the application of this bill to the legislative branch where the bill relates to the terms and conditions of em-ployment or access to public services and ac-commodations. The Report does not relate to employment or access to public services and accommodations. \nS\nTATEMENT OF OVERSIGHT FINDINGS AND \nRECOMMENDATIONS OF THE COMMITTEE \nIn compliance with clause 3(c)(1) of rule \nXIII and clause (2)(b)(1) of rule X of the Rules of the House of Representatives, the Com-mittee’s oversight findings and recommenda-tions are reflected in the descriptive por-tions of this Report. \nS\nTATEMENT OF GENERAL PERFORMANCE GOALS \nANDOBJECTIVES \nIn accordance with clause 3(c)(4) of rule \nXIII of the Rules of the House of Representa-tives, the Committee states that pursuant to clause 3(c)(4) of rule XIII of the Rules of the House of Representatives, the Report will as-sist the House of Representatives in consid-ering whether to cite Attorney General Eric H. Holder, Jr. for contempt for failing to comply with a valid congressional subpoena. \nC\nONSTITUTIONAL AUTHORITY STATEMENT \nThe Committee finds the authority for this \nReport in article 1, section 1 of the Constitu-tion. \nF\nEDERAL ADVISORY COMMITTEE ACT \nThe Committee finds that the Report does \nnot establish or authorize the establishment of an advisory committee within the defini-tion of 5 U.S.C. App., Section 5(b). \nE\nARMARK IDENTIFICATION \nThe Report does not include any congres-\nsional earmarks, limited tax benefits, or lim-ited tariff benefits as defined in clause 9 of rule XXI. U\nNFUNDED MANDATE STATEMENT , COMMITTEE \nESTIMATE , BUDGET AUTHORITY AND CON-\nGRESSIONAL BUDGET OFFICE COSTESTIMATE \nThe Committee finds that clauses 3(c)(2), \n3(c)(3), and 3(d)(1) of rule XIII of the Rules of the House of Representatives, sections 308(a) and 402 of the Congressional Budget Act of 1974, and section 423 of the Congressional Budget and Impoundment Control Act (as amended by Section 101(a)(2) of the Unfunded Mandates Reform Act, P.L. 104–4) are inap-plicable to this Report. Therefore, the Com-mittee did not request or receive a cost esti-mate from the Congressional Budget Office and makes no findings as to the budgetary impacts of this Report or costs incurred to carry out the report. \nCHANGES IN EXISTING LAW MADE BY THE BILL \nAS REPORTED \nThis Report makes no changes in any ex-\nisting federal statute. \nADDITIONAL VIEWS \nReport of the Committee on Oversight and \nGovernment Reform \nResolution Recommending that the House of \nRepresentatives Find Eric H. Holder, Jr., Attorney General, U.S. Department of Jus-tice, in Contempt of Congress for Refusal to Comply with a Subpoena Duly Issued by the Committee on Oversight and Govern-ment Reform \n‘‘The Department of Justice’s Operation \nFast and Furious: Accounts of ATF Agents’’ Joint Staff Report, prepared for Representa-tive Darrell Issa, Chairman, House Com-mittee on Oversight and Government Re-form, and Senator Charles Grassley, Ranking Member, Senate Committee on the Judici-ary. \n‘‘The Department of Justice’s Operation \nFast and Furious: Fueling Cartel Violence’’ Joint Staff Report, prepared for Representa-tive Darrell Issa, Chairman, House Com-mittee on Oversight and Government Re-form, and Senator Charles Grassley, Ranking Member, Senate Committee on the Judici-ary. \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4192 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 57 here EH28JN12.001bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4193 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 58 here EH28JN12.002bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4194 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 59 here EH28JN12.003bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4195 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 60 here EH28JN12.004bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4196 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 61 here EH28JN12.005bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4197 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 62 here EH28JN12.006bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4198 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 63 here EH28JN12.007bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4199 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 64 here EH28JN12.008bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4200 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 65 here EH28JN12.009bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4201 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 66 here EH28JN12.010bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4202 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 67 here EH28JN12.011bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4203 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 68 here EH28JN12.012bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4204 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 69 here EH28JN12.013bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4205 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 70 here EH28JN12.014bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4206 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 71 here EH28JN12.015bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4207 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 72 here EH28JN12.016bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4208 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 73 here EH28JN12.017bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4209 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 74 here EH28JN12.018bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4210 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 75 here EH28JN12.019bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4211 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 76 here EH28JN12.020bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4212 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 77 here EH28JN12.021bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4213 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 78 here EH28JN12.022bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4214 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 79 here EH28JN12.023bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4215 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 80 here EH28JN12.024bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4216 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 81 here EH28JN12.025bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4217 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 82 here EH28JN12.026bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4218 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 83 here EH28JN12.027bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4219 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 84 here EH28JN12.028bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4220 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 85 here EH28JN12.029bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4221 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 86 here EH28JN12.030bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4222 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 87 here EH28JN12.031bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4223 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 88 here EH28JN12.032bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4224 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 89 here EH28JN12.033bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4225 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00067 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 90 here EH28JN12.034bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4226 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00068 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 91 here EH28JN12.035bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4227 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00069 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 92 here EH28JN12.036bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4228 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00070 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 93 here EH28JN12.037bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4229 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00071 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 94 here EH28JN12.038bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4230 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00072 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 95 here EH28JN12.039bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4231 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00073 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 96 here EH28JN12.040bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4232 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00074 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 97 here EH28JN12.041bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4233 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00075 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 98 here EH28JN12.042bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4234 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00076 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 99 here EH28JN12.043bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4235 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00077 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 100 here EH28JN12.044bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4236 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00078 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 101 here EH28JN12.045bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4237 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00079 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 102 here EH28JN12.046bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4238 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00080 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 103 here EH28JN12.047bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4239 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00081 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 104 here EH28JN12.048bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4240 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00082 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 105 here EH28JN12.049bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4241 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00083 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 106 here EH28JN12.050bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4242 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00084 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 107 here EH28JN12.051bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4243 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00085 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 108 here EH28JN12.052bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4244 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00086 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 109 here EH28JN12.053bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4245 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00087 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 110 here EH28JN12.054bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4246 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00088 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 111 here EH28JN12.055bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4247 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00089 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 112 here EH28JN12.056bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4248 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00090 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 113 here EH28JN12.057bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4249 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00091 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 114 here EH28JN12.058bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4250 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00092 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 115 here EH28JN12.059bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4251 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00093 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 116 here EH28JN12.060bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4252 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00094 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 117 here EH28JN12.061bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4253 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00095 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 118 here EH28JN12.062bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4254 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00096 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 119 here EH28JN12.063bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4255 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00097 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 120 here EH28JN12.064bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4256 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00098 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 121 here EH28JN12.065bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4257 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00099 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 122 here EH28JN12.066bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4258 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00100 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 123 here EH28JN12.067bjneal on 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15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00108 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 132 here EH28JN12.076bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4267 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00109 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 131 here EH28JN12.075bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4268 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00110 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 133 here EH28JN12.077bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4269 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00111 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 134 here EH28JN12.078bjneal on DSK4SPTVN1PROD with 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H28JN2\nInsert offset folio 138 here EH28JN12.082bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4274 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00116 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 139 here EH28JN12.083bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4275 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00117 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 140 here EH28JN12.084bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4276 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00118 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 141 here EH28JN12.085bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4277 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 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RECORD — HOUSE H4281 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00123 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 146 here EH28JN12.090bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4282 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00124 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 147 here EH28JN12.091bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4283 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00125 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 148 here EH28JN12.092bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4284 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00126 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 149 here EH28JN12.093bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4285 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00127 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 150 here EH28JN12.094bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4286 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00128 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 151 here EH28JN12.095bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4287 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00129 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 152 here EH28JN12.096bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4288 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00130 Fmt 4634 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\nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00134 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 157 here EH28JN12.101bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4293 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00135 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 158 here EH28JN12.102bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4294 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00136 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 159 here EH28JN12.103bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4295 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00137 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 160 here EH28JN12.104bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4296 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00138 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 161 here EH28JN12.105bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4297 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00139 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 162 here EH28JN12.106bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4298 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00140 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 163 here EH28JN12.107bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4299 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00141 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 164 here EH28JN12.108bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4300 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00142 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 165 here EH28JN12.109bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4301 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00143 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 166 here EH28JN12.110bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4302 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00144 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert offset folio 167 here EH28JN12.111bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4303 June 28, 2012 \nMINORITY VIEWS \nReport of the Committee on Oversight and \nGovernment Reform \nResolution Recommending that the House of \nRepresentatives Find Eric H. Holder, Jr., Attorney General, U.S. Department of Jus-tice, in Contempt of Congress for Refusal to Comply with a Subpoena Duly Issued by the Committee on Oversight and Govern-ment Reform \nOn June 20, 2012, the Committee adopted \non a strictly party-line vote a report and res-olution (hereinafter ‘‘Contempt Citation’’) concluding that Attorney General Eric H. Holder, Jr., the chief law enforcement officer of the United States, should be held in con-tempt of Congress for declining to produce certain documents pursuant to the Commit-tee’s investigation of ‘‘gunwalking’’ during Operation Fast and Furious and previous op-erations. \nCommittee Democrats were unanimous in \ntheir opposition to the Contempt Citation. These dissenting views conclude that Con-gress has a Constitutional responsibility to conduct vigorous oversight of the executive branch, but that holding the Attorney Gen-eral in contempt would be an extreme, un-precedented action based on partisan elec-tion-year politics rather than the facts un-covered during the investigation. \nThese views find that the Committee failed \nto honor its Constitutional responsibility to avoid unnecessary conflict with the execu-tive branch by seeking reasonable accom-modations when possible. The Committee flatly rejected a fair and reasonable offer made by the Attorney General to provide ad-ditional internal deliberative documents sought by the Committee in exchange for a good faith commitment toward resolving the contempt dispute. Instead, the Committee has repeatedly shifted the goalposts in this investigation after failing to find evidence to support its unsubstantiated allegations. \nThe Contempt Citation adopted by the \nCommittee contains serious and significant errors, omissions, and misrepresentations. To address these inaccuracies, these views hereby incorporate and attach the 95-page staff report issued by Ranking Member Eli-jah Cummings in January 2012, which pro-vides a comprehensive analysis of the evi-dence obtained during the Committee’s in-vestigation. \nI. T\nHECOMMITTEE ’SACTIONS HAVEBEEN \nHIGHLY PARTISAN \nThe Committee’s contempt vote on June \n20, 2012, was the culmination of one of the most highly politicized congressional inves-tigations in decades. It was based on numer-ous unsubstantiated allegations that tar-geted the Obama Administration for polit-ical purposes, and it ignored documented evi-dence of gunwalking operations during the previous administration. \nDuring the Committee’s 16-month inves-\ntigation, the Committee refused all Demo-cratic requests for witnesses and hearings. In one of the most significant flaws of the in-vestigation, the Chairman refused multiple requests to hold a public hearing with Ken-neth Melson, the former head of ATF, the agency responsible for conducting these op-erations.\n1The Chairman’s refusal came after \nMr. Melson told Committee investigators privately in July 2011 that he never informed senior officials at the Justice Department about gunwalking during Operation Fast and Furious because he was unaware of it him-self.\n2Mr. Melson’s statements directly con-\ntradict the claim in the Contempt Citation that senior Justice Department officials were aware of gunwalking because Mr. Melson briefed Gary Grindler, then-Acting Deputy Attorney General, in March 2010.\n3 Despite promising that he would be ‘‘inves-\ntigating a president of my own party because many of the issues we’re working on began on [sic] President Bush,’’ the Chairman also refused multiple requests for former Attor-ney General Michael Mukasey to testify be-fore the Committee or to meet with Com-mittee Members informally to discuss the origination and evolution of gunwalking op-erations since 2006.\n4Documents obtained \nduring the investigation indicate that Mr. Mukasey was briefed personally on botched efforts to coordinate firearm interdictions with Mexican law enforcement officials in 2007 and was informed directly that such ef-forts would be expanded during his tenure.\n5 \nThe Committee also failed to conduct \ninterviews of other key figures. For example, the Committee did not respond to a request to interview Alice Fisher, who served as As-sistant Attorney General in charge of the Criminal Division from 2005 to 2008, about her role in authorizing wiretaps in Operation Wide Receiver, or to a request to interview Deputy Assistant Attorney General Kenneth Blanco, who also authorized wiretaps in Op-eration Fast and Furious and still works at the Department, but who was placed in his position under the Bush Administration in April 2008.\n6No explanation for these refusals \nhas been given. \nDuring the Committee business meeting on \nJune 20, 2012, every Democratic amendment to correct the Contempt Citation by noting these facts was defeated on strictly party- line votes. \nII. H\nOLDING THE ATTORNEY GENERAL IN \nCONTEMPT WOULD BEUNPRECEDENTED \nThe House of Representatives has never in \nits history held an Attorney General in con-tempt of Congress. The only precedent ref-erenced in the Contempt Citation for holding a sitting Attorney General in contempt for refusing to provide documents is this Com-mittee’s vote in 1998 to hold then-Attorney General Janet Reno in contempt during the campaign finance investigation conducted by then-Chairman Dan Burton.\n7 \nChairman Burton’s investigation was wide-\nly discredited, and the decision to hold the Attorney General in contempt was criticized by editorial boards across the country as ‘‘a gross abuse of his powers as chairman of the committee,’’\n8a ‘‘fishing expedition,’’9 \n‘‘laced with palpable political motives,’’10 \nand ‘‘showboating.’’11That action was so \npartisan and so widely discredited that Newt Gingrich, who was then Speaker, did not bring it to the House Floor for a vote.\n12 \nSimilarly, numerous commentators and \neditorial boards have criticized Chairman Issa’s recent actions as ‘‘a monstrous witch hunt,’’\n13‘‘a pointless partisan fight,’’14and \n‘‘dysfunctional Washington as usual.’’15 \nIII. T HECOMMITTEE HASHELD THE ATTORNEY \nGENERAL TO AN IMPOSSIBLE STANDARD \nFor more than a year, the Committee has \nheld the Attorney General to an impossible standard by demanding documents he is pro-hibited by law from producing. \nOne of the key sets of documents de-\nmanded during this investigation has been federal wiretap applications submitted by law enforcement agents in order to obtain a federal court’s approval to secretly monitor the telephone calls of individuals suspected of gun trafficking. \nThe federal wiretapping statute, which was \npassed by Congress and signed by President Lyndon B. Johnson on June 19, 1968, provides for a penalty of up to five years in prison for the unauthorized disclosure of wiretap com-munications and prohibits the unauthorized disclosure of wiretap applications approved by federal judges, who must seal them to protect against their disclosure.\n16The stat-\nute states: Each application for an order authorizing \nor approving the interception of a wire, oral, or electronic communication under this chapter shall be made in writing upon oath or affirmation to a judge of competent juris-diction. Applications made and orders grant-ed under this chapter shall be sealed by the judge.\n17 \nSimilarly, in 1940, Congress passed a stat-\nute giving the Supreme Court the power to prescribe rules of pleading, practice, and pro-cedure in criminal cases.\n18In 1946, the mod-\nern grand jury secrecy rule was codified as Rule 6(e) of the Federal Rules of Criminal Procedure, which provides for criminal pen-alties for disclosing grand jury informa-tion.\n19 \nThe Department has explained this to the \nCommittee repeatedly, including in a letter on May 15, 2012: \nOur disclosure to this oversight Committee \nof some material sought by the October 11 subpoena, such as records covered by grand jury secrecy rules and federal wiretap appli-cations and related information, is prohib-ited by law or court orders.\n20 \nDespite these legal prohibitions, the Chair-\nman continued to threaten to hold the At-torney General in contempt for protecting these documents. He also publicly accused the Attorney General of a ‘‘cover-up,’’\n21 \nclaimed he was ‘‘obstructing’’ the Commit-tee’s investigation,\n22asserted that he is will-\ning to ‘‘deceive the public,’’23and stated on \nnational television that he ‘‘lied.’’24 \nIV. T HEDOCUMENTS AT ISSUE IN THE CON-\nTEMPT CITATION ARE NOT ABOUT \nGUNWALKING \nThe documents at issue in the Contempt \nCitation are not related to the Committee’s investigation into how gunwalking was initi-ated and utilized in Operation Fast and Furi-ous. \nOver the past year, the Department of Jus-\ntice has produced thousands of pages of docu-ments, the Committee has interviewed two dozen officials, and the Attorney General has testified before Congress nine times. \nIn January, Ranking Member Cummings \nissued a comprehensive 95-page staff report documenting that Operation Fast and Furi-ous was in fact the fourth in a series of gunwalking operations run by ATF’s Phoe-nix field division over a span of five years be-ginning in 2006. Three prior operations—Op-eration Wide Receiver (2006–2007), the Her-nandez case (2007), and the Medrano case (2008)—occurred during the Bush Administra-tion. All four operations were overseen by the same ATF Special Agent in Charge in Phoenix.\n25 \nThe Committee has obtained no evidence \nthat the Attorney General was aware that gunwalking was being used. To the contrary, as soon as he learned of its use, the Attorney General halted it, ordered an Inspector Gen-eral investigation, and implemented signifi-cant internal reform measures.\n26 \nAfter finding no evidence of wrongdoing by \nthe Attorney General, the Committee’s in-vestigation shifted to focusing on a single letter sent by the Department’s Office of Legislative Affairs to Senator Charles Grass-ley on February 4, 2011. This letter initially denied allegations that ATF ‘‘knowingly al-lowed the sale of assault weapons to a straw purchaser who then transported them into Mexico’’ and stated that ‘‘ATF makes every effort to interdict weapons that have been purchased illegally and prevent their trans-portation to Mexico.’’\n27 \nThe Department has acknowledged that its \nletter was inaccurate and has formally with-drawn it. On December 2, 2011, the Depart-ment wrote that ‘‘facts have come to light during the course of this investigation that \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00145 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4304 June 28, 2012 \nindicate that the February 4 letter contains \ninaccuracies.’’28 \nAcknowledging these inaccuracies, the De-\npartment also provided the Committee with 1,300 pages of internal deliberative docu-ments relating to how the letter to Senator Grassley was drafted. These documents dem-onstrate that officials in the Office of Legis-lative Affairs who were responsible for draft-ing the letter did not intentionally mislead Congress, but instead relied on inaccurate assertions and strong denials from officials ‘‘in the best position to know the relevant facts: ATF and the U.S. Attorney’s Office in Arizona, both of which had responsibility for Operation Fast and Furious.’’\n29 \nDespite receiving these documents explain-\ning how the letter to Senator Grassley was drafted, the Committee moved the goalposts and demanded additional internal documents created after February 4, 2011, the date the letter to Senator Grassley was sent. It is un-clear why the Committee needs these docu-ments. This narrow subset of additional doc-uments—which have nothing to do with how gunwalking was initiated in Operation Fast and Furious—is now the sole basis cited in the Contempt Citation for holding the Attor-ney General in contempt.\n30 \nV. T HECOMMITTEE REFUSED A GOOD FAITH \nOFFER BY THE ATTORNEY GENERAL FOR AD-\nDITIONAL DOCUMENTS \nThe Committee failed to honor its Con-\nstitutional responsibility to avoid unneces-sary conflict with the Executive Branch by seeking reasonable accommodations when possible. On the evening before the Commit-tee’s contempt vote, the Attorney General met with Chairman Issa, Ranking Member Cummings, Senator Grassley, and Senator Patrick Leahy. The Attorney General offered to take the following steps in response to the Committee’s demands for additional docu-\nments. Specifically, the Attorney General: \n(1) offered to provide additional internal \ndeliberative Department documents, created even after February 4, 2011; \n(2) offered a substantive briefing on the De-\npartment’s actions relating to how they de-termined the letter contained inaccuracies; \n(3) agreed to Senator Grassley’s request \nduring the meeting to provide a description of the categories of documents that would be produced and withheld; and \n(4) agreed to answer additional substantive \nrequests for information from the Com-mittee. \nThe Attorney General noted that his offer \nincluded documents and information that went even beyond those demanded in the Committee’s subpoena. In exchange, the At-torney General asked the Chairman for a good faith commitment to work towards a final resolution of the contempt issue.\n31 \nChairman Issa did not make any sub-\nstantive changes to his position. Instead, he declined to commit to a good faith effort to work towards resolving the contempt issue and flatly refused the Attorney General’s offer. \nThere is no question that the Constitution \nauthorizes Congress to conduct rigorous in-vestigations in support of its legislative functions.\n32The Constitution also requires \nCongress and the executive branch to seek to accommodate each other’s interests and to avoid unnecessary conflict. As the D.C. Cir-cuit has held: \n[E]ach branch should take cognizance of an \nimplicit constitutional mandate to seek op-timal accommodation through a realistic evaluation of the needs of the conflicting branches in the particular fact situation.\n33 \nSimilarly, then-Attorney General William \nFrench Smith, who served under President Ronald Reagan, observed: The accommodation required is not simply \nan exchange of concessions or a test of polit-ical strength. It is an obligation of each branch to make a principled effort to ac-knowledge, and if possible to meet, the le-gitimate needs of the other branch.\n34 \nVI. T HECOMMITTEE ’SDECISION TOPRESS \nFORWARD WITHCONTEMPT LED TO THE AD-\nMINISTRATION ’SASSERTION OF EXECUTIVE \nPRIVILEGE \nAfter the Chairman refused the Attorney \nGeneral’s good faith offer—and it became clear that a Committee contempt vote was inevitable—the President asserted executive privilege over the narrow category of docu-ments still at issue. The Administration made clear that it was still willing to nego-tiate on Congress’ access to the documents if contempt could be resolved. \nOn June 20, 2012, Deputy Attorney General \nJames Cole wrote to the Chairman to inform the Committee that ‘‘the President, in light of the Committee’s decision to hold the con-tempt vote, has asserted executive privilege over the relevant post-February 4 docu-ments.’’\n35An accompanying letter from At-\ntorney General Holder described the docu-ments covered by the privilege as limited to ‘‘internal Department ‘documents from after February 4, 2011, related to the Department’s response to Congress.’’’\n36 \nClaims by House Speaker John Boehner \nand others that the Administration’s asser-tion of executive privilege raises questions about the President’s personal knowledge of gunwalking reflect a misunderstanding of the scope of the privilege asserted.\n37Regard-\ning the narrow subset of documents covered by the assertion, the letter from Attorney General explained: \nThey were not generated in the course of \nthe conduct of Fast and Furious. Instead, they were created after the investigative tactics at issue in that operation had termi-nated and in the course of the Department’s deliberative process concerning how to re-spond to congressional and related media in-quiries into that operation.\n38 \nThe Attorney General’s letter also ex-\nplained the Administration’s legal rationale for invoking executive privilege over inter-nal deliberative Justice Department docu-ments, citing opinions from former Attor-neys General Michael B. Mukasey, John Ashcroft, William French Smith, and Janet Reno, as well as former Solicitor General and Acting Attorney General Paul D. Clem-ent.\n39The letter also quoted the Supreme \nCourt in United States v. Nixon, writing: \nThe threat of compelled disclosure of con-\nfidential Executive Branch deliberative ma-terial can discourage robust and candid de-liberations, for ‘‘[h]uman experience teaches that those who expect public dissemination of their remarks may well temper candor with a concern for appearances and for their own interests to the detriment of the deci-sionmaking process.’’ . . . Thus, Presidents have repeatedly asserted executive privilege to protect confidential Executive Branch de-liberative materials from congressional sub-poena.\n40 \nVII. T HECOMMITTEE FAILED TORESPONSIBLY \nCONSIDER THE EXECUTIVE PRIVILEGE ASSER-\nTION \nDespite requests from several Committee \nMembers, the Committee did not delay or postpone the business meeting in order to re-sponsibly examine the Administration’s as-sertion of executive privilege and determine whether it would be appropriate to continue contempt proceedings against the Attorney General. \nInstead of following the example of pre-\nvious Committee Chairmen who put off con-tempt proceedings in order to conduct a seri-\nous and careful review of presidential asser-tions of executive privilege, Chairman Issa stated that ‘‘I claim not to be a constitu-tional scholar’’ and proceeded with the con-tempt vote.\n41 \nIn contrast, former Committee Chairman \nHenry Waxman put off a contempt vote after President George W. Bush asserted executive privilege in the investigation into the leak of the covert status of CIA operative Valerie Plame.\n42He took the same course of action \nafter President Bush asserted executive privilege over documents relating to the En-vironmental Protection Agency’s ozone regu-lation on the same day as a scheduled con-tempt vote. At the time, he stated: \nI want to talk with my colleagues on both \nsides of the aisle about this new develop-ment. I want to learn more about the asser-tion and the basis for this assertion of the executive privilege.\n43 \nAlthough the Committee ultimately dis-\nagreed with the validity of President Bush’s assertions of executive privilege, in neither case did the Committee go forward with con-tempt proceedings against the officials named in the contempt citations. \nSimilarly, Rep. John Dingell, as Chairman \nof the Energy and Commerce Committee during that Committee’s 1981 investigation into the Department of Interior, received an assertion of executive privilege from the Reagan Administration regarding documents pertaining to the administration of the Min-eral Lands Leasing Act.\n44Before proceeding \nto contempt, the Committee held two sepa-rate hearings on the executive privilege as-sertion, and the Committee invited the At-torney General to testify regarding his legal opinion supporting the claim of executive privilege.\n45 \nVIII. T HEINVESTIGATION HASBEEN \nCHARACTERIZED BY UNSUBSTANTIATED CLAIMS \nThe Committee’s investigation of ATF \ngunwalking operations has been character-ized by a series of unfortunate and unsub-stantiated allegations against the Obama Administration that turned out to be inac-curate. \nFor example, during an interview on na-\ntional television on October 16, 2011, the Chairman accused the Federal Bureau of In-vestigation (FBI) of concealing evidence of the murder of Agent Brian Terry by hiding a ‘‘third gun’’ found at the murder scene.\n46The \nFBI demonstrated quickly that this claim was unsubstantiated.\n47Although the Chair-\nman admitted during a subsequent hearing that ‘‘we do go down blind alleys regularly,’’ no apology was issued to the law enforce-ment agents that were accused of a cover- up.\n48 \nAt the same time, the Chairman has de-\nfended the previous Administration’s oper-ations as ‘‘coordinated.’’\n49In response to a \nquestion about gunwalking during the Bush Administration, the Chairman stated: \nWe know that under the Bush Administra-\ntion there were similar operations, but they were coordinated with Mexico. They made every effort to keep their eyes on the weap-ons the whole time.\n50 \nTo the contrary, the staff report issued by \nRanking Member Cummings on January 31, 2012, documents at least three operations during the previous Administration in which coordination efforts were either non-existent or severely deficient.\n51 \nIn addition, the Chairman has stated re-\npeatedly that senior Justice Department of-ficials were ‘‘fully aware’’ of gunwalking in Operation Fast and Furious.\n52After con-\nducting two dozen transcribed interviews, none of the officials and agents involved said \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00146 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4305 June 28, 2012 \nthey informed the Attorney General or other \nsenior Department officials about gunwalking in Operation Fast and Furious. Instead, the heads of the agencies respon-sible for the operation—ATF and the U.S. Attorney’s Office—told Committee inves-tigators just the opposite, that they never informed senior Department officials about gunwalking in Operation Fast and Furious because they were unaware of it.\n53 \nFinally, the Chairman has promoted an ex-\ntreme conspiracy theory that the Obama Ad-ministration intentionally designed Oper-ation Fast and Furious to promote gunwalking. He stated in December 2011 that the Administration ‘‘made a crisis and they are using this crisis to somehow take away or limit people’s second amendment rights.’’\n54This offensive claim has also been \nmade by Rush Limbaugh and other conserv-ative media personalities during the course of the investigation. For example, on June 20, 2011, Mr. Limbaugh stated: \nThe real reason for Operation Gunrunner \nor Fast and Furious, whatever they want to call it now, the purpose of this was so that Obama and the rest of the Democrats can scream bloody murder about the lack of gun control in the U.S., which is causing all the murders in Mexico. This was a setup from the get-go.\n55 \nAnother conservative commentator stated \nthat ‘‘their political agenda behind this en-tire thing was to blame American gun shops for cartel violence in America in order to push an anti-Second Amendment, more regu-lations on these gun shops.’’\n56Yet another \none stated: \nThis was purely a political operation. You \nsend the guns down to Mexico, therefore you support the political narrative that the Obama administration wanted supported. That all these American guns are flooding Mexico, they’re the cause of the violence in Mexico, and therefore we need draconian gun control laws here in America.\n57 \nAs recently as this month, Committee \nMember John Mica repeated this claim on Fox News. On June 15, 2012, he stated: \nPeople forget how all this started. This ad-\nministration is a gun control administra-tion. They tried to put the violence in Mex-ico on the blame of the United States. So they concocted this scheme and actually sending our federal agents, sending guns down there, and trying to cook some little deal to say that we have got to get more guns under control.\n58 \nThere is no evidence to support this con-\nspiracy theory. To the contrary, the docu-ments obtained and interviews conducted by the Committee demonstrate that gunwalking began in 2006, was used in three operations during the Bush Administration, and was a misguided tactic utilized by the ATF field division in Phoenix.\n59 \nNOTES \n1Letter from Rep. Elijah E. Cummings, \nRanking Member, House Committee on Over-sight and Government Reform, to Rep. Dar-rell E. Issa, Chairman, House Committee on Oversight and Government Reform (Oct. 28, 2011). \n2House Committee on Oversight and Gov-\nernment Reform, Transcribed Interview of Kenneth E. Melson (July 4, 2011). \n3House Committee on Oversight and Gov-\nernment Reform, Report of the Committee on \nOversight and Government Reform on Resolu-tion Recommending that the House of Rep-resentatives Find Eric H. Holder, Jr., Attorney General, U.S. Department of Justice, in Con-tempt of Congress for Refusal to Comply with a Subpoena Duly Issued by the Committee on Oversight and Government Reform, at 11 (June \n14, 2012) (‘‘Contempt Citation’’). \n4The Daily Rundown, MSNBC (Nov. 3, 2010) \n(online at http://videocafe.crooksandliars. com/david/darrell-issa-obama-must-answer- several-hundr); Letter from Rep. Elijah E. Cummings, Ranking Member, House Com-mittee on Oversight and Government Re-form, to Rep. Darrell E. Issa, Chairman, House Committee on Oversight and Govern-ment Reform (June 5, 2012); Letter from Rep. Elijah E. Cummings, Ranking Member, House Committee on Oversight and Govern-ment Reform, to Rep. Darrell E. Issa, Chair-man, House Committee on Oversight and Government Reform (Feb. 2, 2012); Letter from Rep. Elijah E. Cummings, Ranking Member, House Committee on Oversight and Government Reform, to Rep. Darrell E. Issa, Chairman, House Committee on Oversight and Government Reform (Nov. 4, 2011). \n5Department of Justice, Meeting of the At-\ntorney General with Mexican Attorney General \nMedina Mora (Nov. 16, 2007). \n6Letter from Rep. Elijah E. Cummings, \nRanking Member, House Committee on Over-sight and Government Reform, to Rep. Dar-rell E. Issa, Chairman, House Committee on Oversight and Government Reform (June 5, 2012). \n7House Committee on Government Reform \nand Oversight, Contempt of Congress: Refusal \nof Attorney General Janet Reno to Produce Doc-uments Subpoenaed By the Government Reform and Oversight Committee, 105th Cong. (1998) \n(H. Rept. 105–728). \n8The Contempt Citation, Washington Post \n(Sept. 22, 1998). \n9Buck Stops With Reno; Appointing an Inde-\npendent Counsel in Campaign Contribution Case: That Decision is Reno’s Alone to Make on the Basis of Her Information and Her Interpre-tation of the Law, Los Angeles Times (Aug. 6, \n1998). \n10Tell Him No, Ms. Reno!, Miami Herald \n(Aug. 6, 1998). \n11Give Reno Some Room, St. Petersburg \nTimes (Aug. 6, 1998). \n12Congressional Research Service, Congres-\nsional Contempt Power and the Enforcement of Congressional Subpoenas: Law, History, Prac-tice, and Procedure (May 8, 2012). \n13Juan Williams, Issa’s Monstrous Witch \nHunt, The Hill (May 14, 2012). \n14A Pointless Partisan Fight, New York \nTimes (June 20, 2012). \n15Holder Contempt Vote is Dysfunctional \nWashington as Usual, Baltimore Sun (June 21, \n2012). See also Eugene Robinson, GOP Witch \nHunt for Eric Holder Reflects Bigger Problem, Washington Post (June 21, 2012); Paul Bar-rett, In Contempt of Government Reform, \nBusinessweek (June 20, 2012); Dana Milbank, Republicans’ Attempt to Hold Holder in Con-tempt is Uphill Battle, Washington Post (June \n20, 2012) (describing the ‘‘contemptible an-tics’’ of the Committee’s contempt pro-ceedings); Sandra Hernandez, Partisan Politics \nPlague Probe of ‘Fast and Furious,’ Los Ange-\nles Times (‘‘Issa’s demand loses some of its credibility and lapses into political theater when he threatens Atty. Gen. Eric H. Holder Jr. with criminal contempt for failing to co-operate’’) (Mar. 29, 2012). \n16The White House, Statement by the Presi-\ndent Upon Signing the Omnibus Crime Control and Safe Streets Act of 1968 (June 19, 1968); 18 \nU.S.C. 2511(4)(a) (providing that violators ‘‘shall be fined under this title or imprisoned not more than five years, or both’’); 18 U.S.C. 2511(1)(e) (covering any person who ‘‘inten-tionally discloses, or endeavors to disclose, to any other person the contents of any wire, oral, or electronic communication, inter-cepted by means authorized’’ under this chapter). \n1718 U.S.C. 2518(1), 2518(8). \n18Sumner Courts Act, Pub. L. No. 76–675, 54 \nStat. 688 (1940). 19Fed. R. Crim. Pro. 6(e)(7) (providing that \na knowing violation of Rule 6 ‘‘may be pun-ished as a contempt of court’’); 18 U.S.C. 401(3) (providing that a ‘‘court of the United States shall have power to punish by fine or imprisonment, or both, at its discretion, such contempt of its authority’’). \n20Letter from James M. Cole, Deputy At-\ntorney General, Department of Justice, to Rep. Darrell E. Issa, Chairman, House Com-mittee on Oversight and Government Reform (May 15, 2012). \n21Letter from Rep. Darrell E. Issa, Chair-\nman, House Committee on Oversight and Government Reform, to Eric H. Holder, Jr., Attorney General, Department of Justice (Jan. 31, 2012). \n22Letter from Rep. Darrell E. Issa, Chair-\nman, House Committee on Oversight and Government Reform, to Eric H. Holder, Jr., Attorney General, Department of Justice (Oct. 9, 2011). \n23Letter from Rep. Darrell E. Issa, Chair-\nman, House Committee on Oversight and Government Reform, to Eric H. Holder, Jr., Attorney General, Department of Justice (Jan. 31, 2012). \n24On the Record with Greta Van Susteren, \nFox News (June 7, 2012) (online at www.foxnews.com/ on-air/on-the-record/ 2012/ 06/08/issas - fast - and - furious - frustration- bubbles-over-holders-truth-not-consistent- facts?page=2). \n25Minority Staff, House Committee on \nOversight and Government Reform, Fatally \nFlawed: Five Years of Gunwalking in Arizona (Jan. 2012) (online at http://democrats. over-sight.house.gov/index.php?option=com l \ncontent&task=view&id=5575& Itemid=104). \n26Id.; House Committee on the Judiciary, \nTestimony of Eric H. Holder, Jr., Attorney General, Department of Justice, Oversight of \nthe United States Department of Justice (June \n7, 2012). \n27Letter from Ronald Weich, Assistant At-\ntorney General, Office of Legislative Affairs, Department of Justice, to Sen. Charles E. Grassley, Ranking Member, Senate Com-mittee on the Judiciary (Feb. 4, 2011). \n28Letter from James M. Cole, Deputy At-\ntorney General, Department of Justice, to Rep. Darrell E. Issa, Chairman, House Com-mittee on Oversight and Government Re-form, et al. (Dec. 2, 2011). \n29Id. \n30Contempt Citation, at 41–42. \n31Id. \n32Congressional Research Service, Congres-\nsional Oversight Manual (June 10, 2011). \n33United State s v. AT&T , 567 F.2d 121, 127 \n(D.C. Cir. 1977). \n345 Op. Off. Legal Counsel. 27, 31 (1981). \n35Letter from James M. Cole, Deputy At-\ntorney General, Department of Justice, to Rep. Darrell E. Issa, Chairman, House Over-sight and Government Reform (June 20, 2012). \n36Letter from Eric H. Holder, Jr., Attorney \nGeneral, Department of Justice, to Barack H. Obama, President (June 19, 2012) (quoting Letter from Rep. Darrell E. Issa, Chairman, House Committee on Oversight and Govern-ment Reform, to Eric H. Holder, Jr., Attor-ney General, Department of Justice (June 13, 2012)). \n37Fast and Furious: How President Obama \nand John Boehner Got to the Brink , Politico \n(June 22, 2012) (quoting Speaker John A. Boehner as stating that the ‘‘decision to in-voke executive privilege is an admission that White House officials were involved in deci-sions that misled the Congress and have cov-ered up the truth’’); House Committee on Oversight and Government Reform, Business \nMeeting (June 20, 2012) (quoting Rep. James \nLankford as stating ‘‘we weren’t even aware that the President was engaged in the delib-erations’’ and Rep. Jason E. Chaffetz stating \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00147 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4306 June 28, 2012 \nthat the assertion means that the President \n‘‘somehow was personally involved’’). \n38Letter from Eric H. Holder, Jr., Attorney \nGeneral, Department of Justice, to Barack H. Obama, President (June 19, 2012) (quoting Letter from Rep. Darrell E. Issa, Chairman, House Committee on Oversight and Govern-ment Reform, to Eric H. Holder, Jr., Attor-ney General, Department of Justice (June 13, 2012)). \n39Letter from Eric H. Holder, Jr., Attorney \nGeneral, Department of Justice, to Barack H. Obama, President (June 19, 2012) (quoting Letter from Michael B. Mukasey, Attorney General, Department of Justice, to George W. Bush, President (June 19, 2008); Letter from Paul D. Clement, Solicitor General and Acting Attorney General, Department of Justice, to George W. Bush, President (June 27, 2007); Letter from John D. Ashcroft, At-torney General, Department of Justice, to George W. Bush, President (Dec. 10, 2001); 23 Op. Off. Legal Counsel 1, 1–2 (1999) (opinion of Attorney General Janet W. Reno); 5 Op. Off. Legal Counsel 27,29–31 (1981) (opinion of At-torney General William French Smith)). \n40Letter from Eric H. Holder, Jr., Attorney \nGeneral, Department of Justice, to Barack H. Obama, President (June 19, 2012) (citing United States v. Nixon , 418 U.S. 683, 705 (1974)). \n41House Committee on Oversight and Gov-\nernment Reform, Statement of Chairman Darrell E. Issa, Business Meeting (June 20, \n2012). \n42House Committee on Oversight and Gov-\nernment Reform, Report Regarding President \nBush’s Assertion of Executive Privilege in Re-sponse to the Committee Subpoena to Attorney General Michael B. Mukasey , 110th Cong. \n(2008). \n43House Committee on Oversight and Gov-\nernment Reform, Statement of Chairman Henry A. Waxman, Hearing on the Johnson \nand Dudley Contempt of Congress Resolutions , \n110th Cong. (June 20, 2008). \n44House Committee on Energy and Com-\nmerce, Congressional Proceedings Against Inte-\nrior Secretary James G. Watt for Withholding Subpoenaed Documents And For Failure to An-swer Questions Relating to Reciprocity Under the Mineral Lands Leasing Act , 97th Cong. \n(Sept. 30, 1982) (H. Rept. 97–898). \n45Id. \n46Face the Nation , CBS News (Oct. 16, 2011) \n(online at www.cbsnews.com/stories/2011/10/ 16/ftn/main20121072.shtml). \n47Justice Department Accuses Issa of \n‘‘Mischaracterizing’’ Evidence in Probe of Oper-ation Fast and Furious , Fox News (Oct. 17, \n2011) (online at www.foxnews.com/politics/ 2011/10/17/justice-department-accuses-issa- ischaracterizing-evidence-in-probe- operation/ #ixzz1xiMQtvoh). \n48House Committee on Oversight and Gov-\nernment Reform, Hearing on Operation Fast \nand Furious: Management Failures at the De-partment of Justice (Feb. 2, 2012). \n49Face the Nation, CBS News (Oct. 16, 2011) \n(online at www.cbsnews.com/stories/ 2011/10/ 16/ftn/main20121072.shtml). \n50Id. \n51Minority Staff, House Committee on \nOversight and Government Reform, Fatally \nFlawed: Five Years of Gunwalking in Arizona (Jan. 2012) (online at http://democrats. over-sight.house.gov/index.php?option=com l \ncontent&task=view&id=5575&Itemid=104). \n52The Roger Hedgecock Show (Nov. 21, \n2011) (online at www.youtube.com/ watch?v=pGYUxuBNxk0). \n53House Committee on Oversight and Gov-\nernment Reform, Transcribed Interview of Kenneth E. Melson (July 4, 2011); House Com-mittee on Oversight and Government Re-form, Transcribed Interview of Dennis K. \nBurke (Aug. 18, 2011). \n54Hannity, Fox News (Dec. 8. 2011) (online \nat http://video.foxnews.com/v/1317212270001/ holder-on-the-hot-seat-over-fast--furious). \n55The Rush Limbaugh Show (June 20, 2011) \n(online at www.rushlimbaugh.com/ daily/2011/ 06/20/on lthel cutting ledge lwelcovered l \nthel fastlandlfurious lstory linlmarch). \n56O’Reilly Factor , Fox News (Apr. 16, 2012) \n(online at www.foxnews.com/on-air/oreilly/ 2012/04/17/will-fast-and-furious-hurt-obamas- re-election-chances). \n57American Newsroom , Fox News (Mar. 12, \n2012) (online at http://video.foxnews.com/v/ 1502683781001/tea-party-turning-up-the-heat- on-fast--furious). \n58Hannity , Fox News (June 15, 2012) (online \nat http://video.foxnews.com /v/1691933147001). \n59Minority Staff, House Committee on Over-\nsight and Government Reform, Fatally Flawed: Five Years of Gunwalking in Arizona (Jan. \n2011) (online at http://democrats.oversight. house.gov/images/stories/minority lreport l \n13112.pdf) \nE\nLIJAH E. C UMMINGS . \nCAROLYN B. M ALONEY . \nWM. LACYCLAY. \nELEANOR HOLMES -NORTON . \nDANNY K. D AVIS. \nJOHNF. T IERNEY . \nSTEPHEN F. L YNCH . \nCHRISTOPHER MURPHY . \nMIKEQUIGLEY . \nDENNIS J. K UCINICH . \nEDOLPHUS TOWNS . \nGERALD E. C ONNOLLY . \nPETER WELCH . \nJOHNYARMUTH . \nJACKIE SPEIER . \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00148 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4307 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00149 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 182 EH28JN12.112bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4308 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00150 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 183 EH28JN12.113bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4309 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00151 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 184 EH28JN12.114bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4310 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00152 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 185 EH28JN12.115bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4311 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00153 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 186 EH28JN12.116bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4312 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00154 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 187 EH28JN12.117bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4313 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00155 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 188 EH28JN12.118bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4314 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00156 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 189 EH28JN12.119bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4315 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00157 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 190 EH28JN12.120bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4316 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00158 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 191 EH28JN12.121bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4317 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00159 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 192 EH28JN12.122bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4318 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00160 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 193 EH28JN12.123bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4319 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00161 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 194 EH28JN12.124bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4320 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00162 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 195 EH28JN12.125bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4321 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00163 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 196 EH28JN12.126bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4322 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00164 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 197 EH28JN12.127bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4323 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00165 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 198 EH28JN12.128bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4324 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00166 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 199 EH28JN12.129bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4325 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00167 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 200 EH28JN12.130bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4326 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00168 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 201 EH28JN12.131bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4327 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00169 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 202 EH28JN12.132bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4328 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00170 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 203 EH28JN12.133bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4329 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00171 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 204 EH28JN12.134bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4330 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00172 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 205 EH28JN12.135bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4331 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00173 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 206 EH28JN12.136bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4332 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00174 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 207 EH28JN12.137bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4333 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00175 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 208 EH28JN12.138bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4334 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00176 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 209 EH28JN12.139bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4335 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00177 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 210 EH28JN12.140bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4336 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00178 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 211 EH28JN12.141bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4337 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00179 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 212 EH28JN12.142bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4338 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00180 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 213 EH28JN12.143bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4339 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00181 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 214 EH28JN12.144bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4340 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00182 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 215 EH28JN12.145bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4341 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00183 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 216 EH28JN12.146bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4342 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00184 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 217 EH28JN12.147bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4343 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00185 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 218 EH28JN12.148bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4344 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00186 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 219 EH28JN12.149bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4345 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00187 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 220 EH28JN12.150bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4346 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00188 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 221 EH28JN12.151bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4347 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00189 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 222 EH28JN12.152bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4348 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00190 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 223 EH28JN12.153bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4349 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00191 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 224 EH28JN12.154bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4350 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00192 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 225 EH28JN12.155bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4351 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00193 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 226 EH28JN12.156bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4352 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00194 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 227 EH28JN12.157bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4353 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00195 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 228 EH28JN12.158bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4354 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00196 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 229 EH28JN12.159bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4355 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00197 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 230 EH28JN12.160bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4356 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00198 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 231 EH28JN12.161bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4357 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00199 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 232 EH28JN12.162bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4358 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00200 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 233 EH28JN12.163bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4359 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00201 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 234 EH28JN12.164bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4360 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00202 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 235 EH28JN12.165bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4361 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00203 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 236 EH28JN12.166bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4362 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00204 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 237 EH28JN12.167bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4363 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00205 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 238 EH28JN12.168bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4364 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00206 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 239 EH28JN12.169bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4365 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00207 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 240 EH28JN12.170bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4366 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00208 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 241 EH28JN12.171bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4367 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00209 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 242 EH28JN12.172bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4368 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00210 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 243 EH28JN12.173bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4369 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00211 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 244 EH28JN12.174bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4370 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00212 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 245 EH28JN12.175bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4371 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00213 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 246 EH28JN12.176bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4372 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00214 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 247 EH28JN12.177bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4373 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00215 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 248 EH28JN12.178bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4374 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00216 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 249 EH28JN12.179bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4375 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00217 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 250 EH28JN12.180bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4376 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00218 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 251 EH28JN12.181bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4377 June 28, 2012 \nVerDate Mar 15 2010 02:00 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RECORD — HOUSE H4396 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00238 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 271 EH28JN12.201bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4397 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00239 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 272 EH28JN12.202bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4398 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00240 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 273 EH28JN12.203bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4399 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00241 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 274 EH28JN12.204bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4400 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00242 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 275 EH28JN12.205bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4401 June 28, 2012 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00243 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2\nInsert graphic folio 276 EH28JN12.206bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4402 June 28, 2012 \nMr. ISSA. Mr. Speaker, by direction \nof the Committee on Oversight and Government Reform, I call up the reso-lution (H. Res. 711) recommending that the House of Representatives find Eric H. Holder, Jr., Attorney General, U.S. Department of Justice, in contempt of Congress for refusal to comply with a subpoena duly issued by the Committee on Oversight and Government Reform. \nThe Clerk read the title of the resolu-\ntion. \nThe SPEAKER pro tempore. Pursu-\nant to House Resolution 708, the resolu-tion is considered read and shall be de-batable for 50 minutes, equally divided and controlled by the chair and rank-ing minority member of the Committee on Oversight and Government Reform or their designees. \nThe text of the resolution is as fol-\nlows: \nH. R ES. 711 \nResolved , That Eric H. Holder, Jr., Attor-\nney General of the United States, shall be found to be in contempt of Congress for fail-ure to comply with a congressional sub-poena. \nResolved , That pursuant to 2 U.S.C. 192 and \n194, the Speaker of the House of Representa-tives shall certify the report of the Com-mittee on Oversight and Government Re-form, detailing the refusal of Eric H. Holder, Jr., Attorney General, U.S. Department of Justice, to produce documents to the Com-mittee on Oversight and Government Reform as directed by subpoena, to the United States Attorney for the District of Colum-bia, to the end that Mr. Holder be proceeded against in the manner and form provided by law. \nResolved , That the Speaker of the House \nshall otherwise take all appropriate action to enforce the subpoena. \nThe SPEAKER pro tempore. After \ndebate on the resolution, it shall be in order to consider a motion to refer if offered by the gentleman from Michi-gan (Mr. D\nINGELL ) or his designee \nwhich shall be debatable for 10 minutes equally divided and controlled by the proponent and an opponent. \nThe gentleman from California (Mr. \nI\nSSA) and the gentleman from Mary-\nland (Mr. C UMMINGS ) each will control \n25 minutes. \nThe Chair recognizes the gentleman \nfrom California. \nGENERAL LEAVE \nMr. ISSA. Mr. Speaker, I ask unani-\nmous consent that all Members may have 5 legislative days within which to revise and extend their remarks and in-sert extraneous materials into the R\nECORD for both resolutions made in \norder under the rule. \nThe SPEAKER pro tempore. Is there \nobjection to the request of the gen-tleman from California? \nThere was no objection. Mr. ISSA. Mr. Speaker, I yield myself \n2 minutes. \nI never thought that we would be \nhere today. I never thought this point would come. Throughout 18 months of investigation, through countless areas of negotiations in order to get the min-imum material necessary to find out the facts behind Fast and Furious and the murder of Border Patrol Agent Brian Terry, I always believed that, in \ntime, we would reach an accommoda-tion sufficient to get the information needed for the American people while at the same time preserving the ongo-ing criminal investigations. \nI am proud to say that our com-\nmittee has maintained the ability for the Justice Department to continue their ongoing prosecutions. Neither the majority nor the minority has allowed any material to become public to com-promise that. However, the facts re-main—in Fast and Furious, the Depart-ment of Justice permitted the sale of more than 2,000 weapons that fell into the hands of the Mexican drug cartels, which was both reckless and inexcus-able. And it clearly was known by peo-ple, both career professionals and polit-ical appointees, from the lowliest members on the ground in Phoenix to high-ranking officials in the Depart-ment of Justice. But that’s not what we’re here for today. \nToday we are here on a very narrow \ncontempt, one that the Speaker of the House, in his wisdom and assistance, has helped us to fashion. Let it be clear: we still have unanswered ques-tions on a myriad of areas related to \nOperation Fast and Furious. But today we are only here to determine how, over the 10 months from the time in which the American people and the Congress of the United States were lied to, given false—literally the reverse statement, that ‘‘no guns were allowed to walk’’ during those 10 months before the Justice Department finally owned up and recognized that they had to come clean that, in fact, Fast and Furi-ous was all about gunwalking. \nThe Department of Justice main-\ntained a series of documents. Many of these documents are believed to be communications between and with the very individuals at the heart of the de-cision to go forward with Fast and Fu-rious. Therefore, we have focused our limited contempt on those documents. If our committee is able to receive the documents in totality that show who brought about the dishonest statement to Congress and who covered it up for 10 months, we believe that will allow us to backtrack to the individuals who ultimately believed in Fast and Furi-ous, facilitated Fast and Furious, and ultimately made it responsible for Brian Terry’s death. \nThe SPEAKER pro tempore. The \ntime of the gentleman has expired. \nMr. ISSA. I yield myself an addi-\ntional 15 seconds. \nI won’t read everything that’s in my \nopening statement. But I will read just one more thing. \nThese words were said on the House \nfloor in 2008 when Speaker P\nELOSI sup-\nported contempt. She said: \nCongress has the responsibility of over-\nsight of the executive branch. I know that Members on both sides of the aisle take that responsibility very seriously. Oversight is an institutional obligation to ensure against abuse of power. Subpoena authority is a vital tool for that oversight. \nSpeaker P ELOSI , 2008. I reserve the balance of my time. \nMr. CUMMINGS. Mr. Speaker, I yield \nmyself such time as I may consume. \nToday, Mr. Speaker, is a historic day \nin many ways. On the one hand, in a landmark decision by Chief Justice John Roberts, the Supreme Court upheld the health care bill, ensuring that millions of American families will finally have access to effective and af-fordable health care. \nOn the other hand, Republican lead-\ners of the House of Representatives are about to plunge into the history books as some of the most extreme and par-tisan ever. Rather than working to-gether in a bipartisan way to create jobs and help our Nation’s economic re-covery, they’re rushing to the floor under emergency procedures with a contempt resolution that is riddled with errors and is motivated by par-tisan politics. \nWhen I first heard about the allega-\ntions of gunwalking at ATF, I was out-raged. I fully supported our commit-tee’s goals of finding out how it start-ed, how it was used, and how it may have contributed to the death of Bor-der Patrol Agent Brian Terry. I made a personal commitment, which I will keep, to the Terry family to conduct a responsible and thorough inquiry. \nBut today’s contempt vote is a cul-\nmination of one of the most highly po-liticized and reckless congressional in-vestigations in decades. After receiving thousands of pages of documents from the Justice Department, conducting two dozen transcribed interviews, and hearing testimony from the Attorney General nine times, here are the facts: \nFirst, the committee has obtained no \nevidence that the Attorney General au-thorized, condoned, or knew about gunwalking. Chairman I\nSSA admitted \nthis just yesterday before the Rules Committee. We’ve seen no evidence that the Attorney General lied to Con-gress or engaged in a coverup. We’ve seen no evidence that the White House had anything to do with the gunwalking operations—Chairman I\nSSA \nadmitted this on FOX News Sunday this past weekend. \nDemocrats wanted a real investiga-\ntion. But Chairman I\nSSArefused 10 dif-\nferent requests to hold a hearing with the director of ATF, the agency that ran these misguided operations. Let me say that again. During this entire in-vestigation, no Member of the House has been able to pose a single question to the head of ATF at a public hearing. \nHow could you have a credible inves-\ntigation of gunwalking at ATF and never hold a single hearing with the leadership of the agency in charge? The answer is, you can’t. \nBased on the documents, we now \nknow that gunwalking, in fact, started in 2006. Yesterday, Chairman I\nSSAsaid \nthis about the misguided operations during the Bush administration: ‘‘They were all flops. They were all failures.’’ \nThe committee has obtained docu-\nmentary evidence that former Attor-ney General Mukasey was personally \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00244 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4403 June 28, 2012 \nbriefed on these botched interdiction \nefforts during his tenure and that he was told they would be expanded. Chairman I\nSSA refused to call Mr. \nMukasey for a hearing or even for a private meeting. During our commit-tee’s year and a half investigation, the chairman refused every single Demo-cratic request for a witness. \nInstead of taking any of these rea-\nsonable steps as part of a credible and even-handed investigation to deter-mine facts, House Republican leaders rushed this resolution to the floor only 1 week after it was voted out of com-mittee. In contrast, during the last Congress, House leaders continued to negotiate for 6 months to try to avoid contempt in the United States Attor-neys investigation. \nMr. Speaker, some of my colleagues \non the other side seem almost giddy about today’s vote. After turning this investigation into an election year witch hunt, they have somehow con-vinced the Speaker to take it to the floor. \nb1440 \nAnd they are finally about to get the \nprize they have been seeking for more than a year: holding the Attorney Gen-eral of the United States of America in contempt. \nThey may view today’s vote as a suc-\ncess, but in reality, it is a sad failure— a failure of House leadership, a failure of our constitutional obligations, and a failure of our responsibilities to the American people. \nI reserve the balance of my time. Mr. ISSA. I yield 3 minutes to the \ngentleman from Pennsylvania, the dis-tinguished Congressman M\nEEHAN , a \nformer U.S. attorney in that district. \nMr. MEEHAN. Thank you, Mr. Chair-\nman. \nMr. Speaker, this is not about poli-\ntics, though there are some who want to suggest that it is because if they yell loud enough and long enough, it will deflect the truth of the matter. Frankly, it’s not about ‘‘gotcha.’’ As a former prosecutor myself, the Attorney General personifies the pursuit of jus-tice, and I want to see him do well. But it is about accountability. \nAgent Brian Terry is dead, protecting \nour border, and 563 days later, the Terry family still does not know why it occurred. What they do know is that the very agency that initiated Fast and Furious, the Department of Justice under Attorney General Eric Holder, called the operation ‘‘fatally flawed.’’ And then the wagons got circled. \nIt’s about the separation of powers. \nAs uncomfortable as it may be, at times it’s a fundamental tenet and a strength of our democracy that Con-gress is given not just the power, but the responsibility, to exercise its duty of oversight over the Executive, espe-cially when, by their own admission, things have gone glaringly wrong. \nBecause the Justice Department has \nstubbornly resisted the legitimate in-quiries of Congress over Operation Fast and Furious, there’s so much we do not \nknow. But because whistleblowers within the Department of Justice were outraged at mischaracterizations, there’s a great deal that we do know. \nWhat we do know is that we have \nbeen dealing with a systematic effort to deflect attention away from the de-cisions and the determinations that were made at the highest levels of the Department of Justice, where informa-tion was brought directly to individ-uals at the highest levels of the De-partment of Justice, information that was contained in wiretap affidavits that lay out in explicit detail the mat-ters related to Fast and Furious. \nMr. Speaker, there is a famous \nquotation in the Department of Justice about the responsibility of the Attor-ney General not being to win cases, but to assure that justice is pursued and retained. \nMr. Speaker, it is incumbent and a \nresponsibility on this House to do what is required to do in this circumstance and to support the request that we be given the documents to obtain the facts that will allow us to draw the conclusions which I believe will allow us to get to the bottom of this level. \nMr. CUMMINGS. Mr. Speaker, I yield \n2 minutes to the distinguished gen-tleman from Illinois (Mr. Q\nUIGLEY ). \nMr. QUIGLEY. Those bringing this \ncontempt vote say they want to talk about gunwalking and how to stop it. Okay, let’s have that conversation. \nThey say they want to stop gun traf-\nficking and keep our ATF agents safe. Well, then let’s properly fund the ATF, which has the same number of agents since 1970. \nThey say they want to stop gun traf-\nficking. Well, then appoint a perma-nent ATF Director, which the agency hasn’t had in 6 years. \nThey say they want to stop gun traf-\nficking. Well, then let’s pass some laws which actually deter straw purchasers. Straw purchasers can currently buy thousands of AK–47s, lie on their paper-work, and the penalty is equivalent to a moving violation. \nThey say they want to stop gun traf-\nficking. Well, then let’s give the agents in the field what they’ve been asking for: the ability to track multiple pur-chases of long guns. These long guns include AK–47s, variant assault weap-ons, and .50 caliber semiautomatic sniper rifles, the weapons of choice for international drug cartels. \nThey say they want to stop gun traf-\nficking. Well, then let’s close the gun show loophole which currently allows anyone to purchase any gun they want without background check. Felons, do-mestic violence abusers, those with se-vere mental illness, even those on the terrorist watch list can currently walk into a gun show and purchase any gun they want. \nYes, 2,000 guns were allowed to walk \nto Mexico, but the truth is tens of thousands of guns flow across our bor-der every year because of those lax gun laws. But those bringing this contempt vote don’t want to have this conversa-\ntion, and they aren’t serious about stopping gun trafficking. They simply want to embarrass the administration, \neven though the committee’s 16-month investigation found no evidence the At-torney General knew about gunwalking, even though there was no evidence of White House involvement in gunwalking, all of which Chairman I\nSSA admitted on national TV last \nweek. \nSo if we’re going to talk about gun \ntrafficking, let’s be clear: this is about politics, not safety. \nMr. ISSA. Mr. Speaker, the minority \nknows that, in fact, this contempt is all about the Attorney General’s re-fusal to turn over documents, not whether or not it was his lieutenants or he that personally was involved in Fast and Furious. \nWith that, I yield 2 minutes to the \ndistinguished former chairman of the Judiciary Committee, the gentleman from Wisconsin (Mr. S\nENSENBRENNER ). \nMr. SENSENBRENNER. Mr. Speak-\ner, this isn’t about politics. This is about the Constitution, and it’s about Congress’s mandate to do oversight over both the executive and judicial branches of government. \nThe President is asserting executive \nprivilege to attempt to shield these documents, and he is relying on a type of privilege called the deliberative process privilege. However, that privi-lege disappears when Congress is inves-tigating evidence of wrongdoing. \nIn 1997, the U.S. Court of Appeals for \nthe District of Columbia Circuit wrote, in part: \nMoreover, the privilege disappears alto-\ngether when there is any reason to believe government misconduct occurred. \nIn another case that was decided by \nthe First Circuit in 1995, it says that the grounds that shielding internal government deliberations in this con-text does not serve ‘‘the public’s inter-est in honest, effective government.’’ \nThere’s been misconduct that’s al-\nready a matter of public record in two instances. The Justice Department wrote Senator G\nRASSLEY in January of \n2011 saying that the ATF-sanctioned gunwalking across the border was false, and it took them 9 months to re-tract that letter. So they misled Con-gress, and then 9 months later they said, Oops, maybe we did mislead Con-gress and we’ll withdraw the letter. And in May 2011, the Attorney General testified before the Judiciary Com-mittee that he first heard of Operation Fast and Furious a few weeks before the hearing. Over 6 months later, he conceded that he should have said ‘‘a few months.’’ \nNow, this very clearly shows that \nCongress has got the obligation to get to the bottom of this and that the as-sertion of executive privilege by the President and the Attorney General is not based in law. We ought to go ahead and do our job and do our oversight. It’s too bad that the Justice Depart-ment has decided to try to obstruct Congress’ ability to do it. \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00245 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4404 June 28, 2012 \nPass the resolution. \nMr. CUMMINGS. I yield 2 minutes to \na member of the committee, the gen-tleman from Virginia (Mr. C\nONNOLLY ). \nMr. CONNOLLY of Virginia. Mr. \nSpeaker, the 112th Congress is on the verge of becoming the first in the his-tory of the country to hold a sitting Cabinet member in contempt, cement-ing its legacy as the most partisan House of Representatives perhaps of all time. When they say it’s not about pol-itics, you can be sure it’s about poli-tics. \nThe majority’s irresponsible and un-\nprecedented contempt vote brings dis-honor to this House, which has become so clouded in judgment, so besotted with rancor and partisanship, that it’s incapable of addressing a fundamental \nseparation of powers conflict in a seri-ous and fair fashion. \nIn refusing to engage in good-faith \nnegotiations with the Department of Justice and the Attorney General, the majority has exposed this contempt ci-tation for what it really is: an extraor-dinarily shameful political witch hunt aimed at trashing an honorable man. \nb1450 \nIt is unacceptable that we are rush-\ning to the floor this unprecedented con-tempt resolution. Yesterday, Ranking Member C\nUMMINGS sent a letter to the \nSpeaker highlighting 100 errors, omis-sions, and mischaracterizations of fact contained in the contempt citation itself, rushed out of our committee last week on a party-line vote. \nAlthough some of the contempt cita-\ntion’s flaws are simply misleading, oth-ers are significant legal deficiencies and may contain factual errors that call into question the very validity of the contempt citation itself. \nFor example, on pages 4 and 5, the \ncontempt citation charges that senior officials at the Department of Justice headquarters ‘‘ultimately approved and authorized’’ Operation Fast and Furi-ous. However, the contempt citation fails to mention that the committee has uncovered no evidence that DOJ of-ficials, including the Attorney General, ever approved or authorized gunwalking in Operation Fast and Fu-rious. In fact, the authorization origi-nated at the ATF office in Phoenix, Ar-izona, not at DOJ headquarters in Washington. \nOn pages 16, 17, 19, 20, 21, 22, 25, 26, \nand 27, the contempt citation charges DOJ with not producing a series of doc-uments that the chairman only re-cently acknowledged the Department is prohibited by law from providing due to the potential impact on ongoing prosecutions. \nThe SPEAKER pro tempore. The \ntime of the gentleman has expired. \nMr. CUMMINGS. I yield the gen-\ntleman an additional 15 seconds. \nMr. CONNOLLY of Virginia. In fact, \nhe had to amend his own subpoenas to delete documents in this very category. But his contempt citation has not caught up with his most recent version of his subpoena. Clearly, the majority has not taken \nthe necessary time to properly weigh this very serious charge. Regrettably, this deeply flawed and shoddy con-tempt citation is emblematic of the majority’s reckless rush to judgment throughout this political prosecution. \nI have been deeply troubled by the \ntone and tenor of some of the very hos-tile questioning and the utter and com-plete contempt and lack of respect given to the Attorney General of the United States. \nWhen this chapter of congressional \nhistory is written, it will not be a brave, shining moment. It will be seen for what it is: a craven, crass, partisan move that brings dishonor to this body. \nMr. ISSA. I now yield 1 minute to the \nvery distinguished and always partici-pating member of the committee, the gentlewoman from New York (Ms. B\nUERKLE ). \nMs. BUERKLE. Mr. Speaker, I thank \nthe chairman for his steadfast work on behalf of truth in trying to get to the bottom of Fast and Furious. \nMr. Speaker, Syracuse, New York, in \nthe heart of my district, is roughly 2,500 miles from Rio Rico, Arizona, where U.S. Border Patrol Agent Brian Terry was tragically shot and killed by an AK–47 assault rifle that the United States knowingly allowed into the hands of a suspected gun trafficker, yet every time I’m home, it is the issue first and foremost on the minds of my constituents. I listen to their calls, to their emails, and at our town halls. They want to know what happened, who knew what, and when did they know it. They ask me, they ask Wash-ington, they ask the Department of Justice: How could the United States Government, the pillar of hope and freedom, have allowed for this, for one of their own representatives, one of their own good guys, to be so helplessly gunned down by a suspected criminal? \nMr. Speaker, I’m embarrassed to say \nthat after 562 days, I still don’t have an answer for them. \nThe SPEAKER pro tempore. The \ntime of the gentlewoman has expired. \nMr. ISSA. I yield the gentlelady an \nadditional 10 seconds. \nMs. BUERKLE. Mr. Speaker, I ask: Is \nthis the hope that Americans are sup-posed to believe in out of the sup-posedly most-transparent government in the history of our Nation? \nIt is my hope, Mr. Speaker, that the \ndistrict court judge will see through the Attorney General’s contempt of Congress after it is passed in the House today. However, we must not be mis-taken, even if the Attorney General is prosecuted, the case is not closed. We must not forget that guns leaked through this program claimed lives. \nThe SPEAKER pro tempore. The \ntime of the gentlewoman has expired. \nMr. ISSA. I yield the gentlelady an \nadditional 10 seconds. \nMs. BUERKLE. Mr. Speaker, after \ntoday’s vote, we must continue our ef-forts to find more answers than there are questions relating to this adminis-tration’s catastrophic Fast and Furi-\nous. The American people deserve to know those answers, and the family of Border Patrol Agent Brian Terry do as well. \nMr. CUMMINGS. Mr. Speaker, I yield \nthe gentleman from Missouri (Mr. C\nLAY) 2 minutes, a member of the com-\nmittee. \nMr. CLAY. Mr. Speaker, as a member \nof the Oversight Committee, I know that the gunwalking operations con-ducted by the ATF under both the pre-vious and current administrations were absolutely wrong. But the leadership of this House is focused on shameful elec-tion-year political posturing instead of the real issue. \nThe Justice Department, long ago, \nended the practice of allowing these guns to ‘‘walk’’ across the border, put-ting communities in Mexico at great risk. But the same people who have re-lentlessly pursued a baseless, partisan attack on Attorney General Holder and the President have ignored the des-perate pleas of the Mexican Govern-ment—to strengthen American gun laws and curb the gun trafficking that gave rise to the strategy in the first place. \nBut focusing on the real issue would \ntake time away from their playing pol-itics with their oversight authority. Those on the other side of the aisle claim to be concerned about powerful assault weapons crossing the border into Mexico illegally, but how can they be completely fine with those same powerful assault weapons being sold right here in this country legally, put-ting our communities at even greater risk? \nThis is nothing more than a political \nwitch hunt. The disgraceful posturing that I witnessed at last week’s markup has been continued on the floor today. I agree that it never should have come to this, but we are here debating this resolution solely because of the major-ity. They created the scandal and pro-duced a showdown during an election season just to smear an honorable, dedicated public servant and to embar-rass his boss. \nI urge my colleagues to reject this \nnakedly partisan abuse of power. \nMr. ISSA. Mr. Speaker, it is now my \nhonor to yield 1 minute to the distin-guished Speaker of the House, the gen-tleman from Ohio (Mr. B\nOEHNER ). \nMr. BOEHNER. I thank my colleague \nfor yielding. \nIt’s important for the American peo-\nple to know how we got here and to know the facts of this case. \nThe Congress asked the Justice De-\npartment for the facts related to Fast and Furious and the events that led to the death of U.S. Border Patrol Agent Brian Terry. The Justice Department did not provide the facts and the infor-mation that we’ve requested. Instead, the information came from people out-side the Department, people who want-ed to do the right thing. \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00246 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4405 June 28, 2012 \nIn addition to not providing the in-\nformation, the administration admit-ted misleading Congress, actually re-tracting a letter it had sent 10 months earlier. \nI think all Members understand this \nis a very serious matter. The Terry family wants to know how this hap-pened, and they have every right to have their answers. And the House needs to know how this happened, and it’s our constitutional duty to find out. \nSo the House Oversight and Govern-\nment Reform Committee issued a law-ful and narrowly tailored subpoena. We’ve been patient, giving the Justice Department every opportunity to com-ply so we can get to the bottom of this for the Terry family. We showed more than enough good faith, but the White House has chosen to invoke executive privilege. That leaves us no other op-tions. The only recourse left to the House is to continue seeking the truth and to hold the Attorney General in contempt of Congress. \nNow, I don’t take this matter lightly. \nI, frankly, hoped it would never come to this. The House’s focus is on jobs and on the economy. But no Justice Department is above the law, and no Justice Department is above the Con-stitution, which each of us has sworn an oath to uphold. \nSo I ask the Members of this body to \ncome together and to support this reso-lution so we can seek the answers that the Terry family and the American people deserve. \nMr. CUMMINGS. I yield myself 1 \nminute. \nI want to say in response to the \nSpeaker, we, too, are all saddened by the tragic death of Border Patrol Agent Brian Terry who gave his life in service to his country on December 15, 2010. \nb1500 \nBut, Mr. Speaker, despite what my \ncolleagues have claimed, this contempt vote is not about getting documents that show how gunwalking was initi-ated and utilized in Operation Fast and Furious. \nNow, the only documents in dispute \nare the documents created after Fast and Furious ended and after Brian Ter-ry’s death, but we pledge to continue to find all the answers with regard to the death of Brian Terry. \nWith that, I yield 2 minutes to the \ndistinguished gentleman from Massa-chusetts (Mr. L\nYNCH ), a member of the \ncommittee. \nMr. LYNCH. Mr. Speaker, I would \nadd that we have 31 Democrats that signed a letter to the Department of Justice and to the White House in the aftermath of Agent Terry’s death to fully cooperate in this investigation. However, I rise in strong opposition to this contempt resolution. \nWhile criticism of the Department of \nJustice for oversight of the so-called ‘‘gunwalking’’ operations—conducted during both the Bush administration and the current administration—may be warranted, a finding of contempt \nagainst the sitting Attorney General of the United States is most certainly not. \nIn determining whether this House \nshould hold our highest-ranking na-tional law enforcement officer in con-tempt of Congress, let us remember that up until last week the majority of our committee had been demanding the production of documents that our At-torney General is legally prohibited from disclosing and that has caused much of the delay here. In other words, Mr. Holder would have broken the law and likely compromised existing crimi-nal prosecutions if he adhered to the majority’s unreasonable request for materials that related to ongoing criminal investigations, Federal wire-tap communications under judicial seal, and documents also subject to grand jury secrecy rules. \nLet us also be mindful that we are \nconsidering the extent of cooperation, or noncooperation, of an Attorney Gen-eral who has appeared before Congress on nine separate occasions, whose Jus-tice Department has produced over 7,600 pages of documents to oversight investigators and who continues to offer significant accommodations in re-sponse to extraordinary and ever- changing requests for information. \nMeanwhile, the majority continues \nto deny any and all Democratic re-quests to publicly question, under oath, law enforcement officials, includ-ing former Director of the ATF, Ken Melson, the head of the very Agency that ran the gunwalking operations such as Fast and Furious. \nAccordingly, it’s become quite clear \nthat what began as a legitimate and compelling oversight committee inves-tigation into Operation Fast and Furi-ous has deteriorated into an unfortu-nate example of politics and partisan-ship at their worst. \nThe SPEAKER pro tempore. The \ntime of the gentleman has expired. \nMr. CUMMINGS. I yield the gen-\ntleman another 15 seconds. \nMr. LYNCH. In closing, I urge my \ncolleagues on both sides of the aisle to oppose this contempt resolution. \nMr. ISSA. Mr. Speaker, I now yield 1 \nminute to the gentleman from Michi-gan (Mr. W\nALBERG ). \nMr. WALBERG. Mr. Speaker, there is \nno joy in today’s action; but the fact remains, 18 months after U.S. Border Patrol Agent Brian Terry was mur-dered, the Justice Department has failed to hold anybody accountable for the mistakes of Operation Fast and Fu-rious. \nAs a member of the Oversight and \nGovernment Reform Committee, I have witnessed firsthand the stonewalling by the Department of Justice and At-torney General Holder. At every ques-tion, the Justice Department has re-fused to acknowledge what they know about the gunwalking tactics that led to Agent Terry’s death. Most recently, they have hid behind the President’s erroneous claims of executive privi-lege, an action the President de-\nnounced as lacking transparency when he was campaigning. The Department has stood in open defiance of Congress’ moral and constitutional obligation to conduct oversight of this affair. \nThe family of Agent Terry deserves \nto know who approved Fast and Furi-ous. They have the right to know who had the power to stop this program be-fore he was murdered, and they need an explanation as to why the Department of Justice took 9 months to withdraw their false denial that they had ever let guns walk into Mexico. \nThe SPEAKER pro tempore. The \ntime of the gentleman has expired. \nMr. ISSA. I yield the gentleman an \nadditional 15 seconds. \nMr. WALBERG. To some on the other \nside of the aisle, it seems fine that the people who authorized this operation still work within the Department of Justice. I don’t agree. They’d rather play politics than uphold Congress’ right to investigate. \nToday’s vote is about accountability. \nIt’s about making sure another 2,000 firearms don’t end up in the hands of Mexican drug cartels. And it’s about bringing closure to the Terry family. \nI urge my colleagues to support this \nresolution and honor the memory of Brian Terry. \nMr. CUMMINGS. Mr. Speaker, I yield \n4 minutes to the distinguished gen-tleman from Maryland (Mr. H\nOYER ). \nMr. HOYER. Mr. Speaker, this is a \nsad day for the House of Representa-tives. It is an irresponsible day for the House of Representatives. It is a day in which the majority party asked us to take an action that has never been taken in the history of America—never once—holding a Cabinet officer in con-tempt of the Congress. \nNow, there have been previous con-\ntempt citations—some promoted by Democratic committees and some pro-moted by Republican committees. The average time between committee ac-tion and consideration on the floor of \nthis House is 87 days; time to reflect on an extraordinarily important action with consequences beyond the knowl-edge of anybody sitting here today. \nNow, I want to tell the chairman, \nwith all due respect, I think this inves-tigation has been extraordinarily su-perficial. I think the chairman has failed to call witnesses that could in fact give relevant, cogent testimony on the issues to bear. That ought to be done. That is why I will strongly sup-port the motion of the gentleman from Michigan (Mr. D\nINGELL ), who has \nserved here longer than any of the rest of us and who is one of the strongest gun control rights supporters in this Congress. \nWhat his motion says is: let us re-\nflect. Let us bring thoughtful judg-ment. Let us not, every time that there is the opportunity, choose confronta-tion over cooperation and consensus. That has been the history of this Con-gress, confrontation over consensus every time, and America is suffering because of it. \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00247 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4406 June 28, 2012 \nI ask my friends on the Republican \nside of the aisle—who know me to be a bipartisan Member of this body who be-lieves in this institution and who cares about its actions and the precedent that they will set—don’t do this. Vote for this motion to refer. Give the chair-man the opportunity he should have taken before to have a full hearing, calling former Attorney General Mukasey, calling the former head of the ATF, calling agents who were per-sonally involved in this proceeding. \nI venture to say that there are very \nfew Members who will vote on this issue who have read the committee proceedings, very few Members who have read the minority report or the majority report. Yet they’re about to take a historic vote to do what has never been done by any Congress—111 Congresses. Do not take this action. \nThis is not about Republicans or \nDemocrats. This is about our Constitu-tion, our country, our respect for a Na-tion of laws, not of men. That’s what this vote is about. We ought not to be voting as Republicans and Democrats; we ought to be voting as Americans, Americans committed to justice and fair process. \nb1510 \nI regret that I do not believe this \ncommittee has followed that. I believe that the political motivations behind this resolution are clear and pose a clear and present danger to this Na-tion. \nThe SPEAKER pro tempore. The \ntime of the gentleman has expired. \nMr. CUMMINGS. I yield the gen-\ntleman an additional 30 seconds. \nMr. HOYER. I want to thank the gen-\ntleman from Maryland, my colleague and my friend, for his leadership on this effort. \nWhen we vote on this referral, let us \nvote as Americans, as I said, not as a partisan issue. You may have the At-torney General in the future. It’s not the question of the party of the Attor-ney General. It is the question of whether or not this Congress is going to provide for equal treatment of all Attorney Generals and all Cabinet offi-cers. \nLet us vote for this motion to refer \nand give the committee the oppor-tunity it should take, and let us vote down this motion that should fail, and let us vote down these motions for con-tempt, and let us thoughtfully consider the equities of this issue. \nMr. ISSA. Mr. Speaker, it is now my \nhonor to yield 1 minute to the gen-tleman from Arizona (Mr. G\nOSAR ), an \nactive participant, and from the dis-trict from which this event sprung. \nMr. GOSAR. Mr. Speaker, finding At-\ntorney General Eric Holder, Jr. in con-tempt of Congress is long overdue, but welcome news for the American people, and especially for Arizonans. \nAs I explained in my recent state-\nment, Mr. Holder has shown his con-tempt and utter disdain for our con-stitutional rights, our border, Arizo-nans and all Americans; 115 Members of \nCongress agree that Americans lack confidence in Mr. Holder and his De-partment. Every Member of Congress should do their constitutional duty and hold the Attorney General to be in con-tempt today. \nThe people of Arizona, California, \nNew Mexico, and Texas, who deal with the unsecured borders and violent Mexican cartels on a regular basis, now must also live in fear of these firearms. \nSome have said that these charges \nagainst Attorney General Eric Holder are racially motivated, and I couldn’t disagree more. The violent cartels armed by our government have no re-gard for party ID or race. Throughout our Nation and, specifically, in Ari-zona, folks from all political parties and all races are now living in danger of this lethal violence due to the ac-tions of this administration. \nMake no mistakes about it, today’s \nvote is to deliver justice and account-ability for the Brian Terry family and the over 300 Mexicans who have died as a result of Fast and Furious. Time’s up. \nMr. CUMMINGS. I yield 30 seconds to \nthe gentleman from Maryland (Mr. H\nOYER ). \nMr. HOYER. I thank the gentleman \nfor yielding. \nOn November 1, 2009, our Speaker \nstood on this floor, outraged about the process. We, too, are outraged about this process, and let me quote the Speaker: \nWe will not stand for this. And I would ask \nmy House Republican colleagues and those who believe that we should be here pro-tecting the American people, protecting our Constitution, not vote on this bill. Let’s just get up and leave. \nMy colleagues may well follow that \nadvice. \nMr. ISSA. I yield myself 10 seconds, \nand have no doubt that the gentleman will walk off the floor. But his motion is asking us also to delay, into an elec-tion, getting an answer for the Terry family. I know that is not the wise course, and I strongly support that we do this today. \nWith that, I yield 1 minute to the \ngentleman from Idaho (Mr. L\nABRADOR ). \nMr. LABRADOR. Mr. Speaker, I \nstand with a heavy heart in support of today’s contempt resolution. It puts us another step closer to holding the At-torney General accountable for this se-verely flawed operation and his failure to cooperate with Congress. \nThe Attorney General has not only \nfailed to produce all the relevant docu-ments; he has misled this Congress and thereby prevented us from uncovering the truth. So how can the Members of the minority say that an investigation is superficial when we don’t even have all the documents? \nWhen the Attorney General was be-\nfore the Committee on Oversight last year, I brought to light his historical pattern of willful ignorance. I high-lighted his lack of knowledge when under oath. He knows nothing, he says nothing, and he seeks for nothing. \nNever in my life have I met a man more unconcerned with the search for the truth. \nI’ve since become even more dis-\nturbed by the depth to which Mr. Hold-er and his allies will sink to stonewall justice. \nYes, this is an unprecedented day, I \nagree with you. But not until now have we had an Attorney General have to re-tract so many statements made to the Congress of the United States, the duly elected Representatives of the people of the United States. \nLet us vote to support this motion \nfor contempt. \nMr. CUMMINGS. Mr. Speaker, may I \ninquire as to how much time both sides have. \nThe SPEAKER pro tempore. The gen-\ntleman from Maryland has 6\n1⁄4minutes \nremaining. The gentleman from Cali-fornia has 11\n1⁄4minutes remaining. \nMr. CUMMINGS. I yield 2 minutes to \nthe gentlewoman from New York (Mrs. M\nALONEY ). \nMrs. MALONEY. Mr. Speaker, the \nfamily of Brian Terry deserves our re-spect, our condolences and our best ef-forts to finish the mission, to put an end to gun violence on the southern border. But instead of going after gun violence, this investigation has gone \nafter the man that tried to stop the gun violence, the Attorney General. \nChairman I\nSSA has acknowledged \nthat Attorney General Holder did not know about the gunwalking operation. He has acknowledged that the Presi-dent and the White House did not know about the gunwalking operation. Both the White House and the Attorney Gen-eral have acknowledged that the gunwalking operation was a tragic mis-take, that it was badly executed, and that it originated under the Bush ad-ministration. \nIt was Attorney General Holder that \nterminated the program and requested an extensive investigation of the oper-ation and how it was conducted. And the documents that they’re now re-questing in this ‘‘vast and spurious’’ investigation have absolutely nothing to do with gunwalking. \nIf they were really interested in dis-\ncovering the truth, the committee would have called Kenneth Melson, head of the ATF, as a witness. The chairman refused 10 different requests for a hearing with Mr. Melson—10 re-quests. \nRepublicans have not granted one \nsingle Democratic witness request in 16 months. Not one. \nThis is not about discovering the \ntruth. This is about politics. This has become an obsessive political vendetta, pursuing a political agenda in a season of unusually ugly politics. \nIf they were serious about ending gun \nviolence, they would do what many ATF agents have suggested and put some teeth in the law; and that is why I authored, with my colleagues, a bill to make gun trafficking a Federal of-fense and strengthen penalties for straw purchases. \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00248 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4407 June 28, 2012 \nThis unprecedented contempt cita-\ntion is politics at its worst and why this body is held in such low esteem by the public now. \nMr. ISSA. Mr. Speaker, I place in the \nR\nECORD at this time the statement by \nthe Terry family regarding Congress-man J\nOHN DINGELL ’s criticism of the \ncontempt vote. \nTERRY FAMILY STATEMENT WITH REGARD TO \nCONGRESSMAN JOHN DINGELL ’S CRITICISM OF \nCONTEMPT VOTE \nOn Wednesday, Representative John Din-\ngell invoked the Terry family name while saying he would not back the contempt reso-lutions but instead wants the Oversight and Government Reform Committee to conduct a more thorough investigation into Operation Fast and Furious. \nCongressman Dingell represents the dis-\ntrict in Michigan where Brian Terry was born and where his family still resides, but his views don’t represent those of the Terry family. Nor does he speak for the Terry fam-ily. And he has never spoken to the Terry family. \nHis office sent us a condolence letter when \nBrian was buried 18 months ago. That’s the last time we heard from him. \nA year ago, after the House Oversight and \nReform Committee began looking into Oper-ation Fast and Furious, one of Brian’s sisters called Rep. Dingell’s office seeking help and answers. No one from his office called back. \nMr. Dingell is now calling for more inves-\ntigation to be conducted before the Attorney General can be held in contempt of Congress. \nThe Terry family has been waiting for over \n18 months for answers about Operation Fast and Furious and how it was related to Brian’s death. If Rep. Dingell truly wants to support the Terry family and honor Brian Terry, a son of Michigan, he and other mem-bers of congress will call for the Attorney General to immediately provide the docu-ments requested by the House Oversight and Government Reform Committee. \nMr. ISSA. Mr. Chairman, I’m sure \nthat the gentlelady from New York recognizes that the right of a minority hearing has not been exercised, and that would have answered the ques-tions, as they are well aware, about bringing Kenneth Melson before the committee. That would be their right. They did not exercise their right. \nI yield 1 minute to the gentleman \nfrom Florida (Mr. M\nICA), the senior \nmember of the committee. \nMr. MICA. I thank the gentleman for \nyielding. \nWhen the Founding Fathers created \nour government and established the committees in Congress, they had au-thorizing committees and they had ap-propriating committees. In 1808, the predecessor of this committee was es-tablished for a fundamental reason, and that’s to make certain that pro-grams and funding were properly exe-cuted and used by agencies created by Congress. \nCongress created the law that cre-\nated the Department of Justice. Con-gress funded the programs that are under the Department of Justice. It’s our responsibility to investigate when things go wrong. And things went wrong. An agent of the United States was murdered with weapons which were funded by the agency that we cre-ated. All we have asked for is the docu-\nments. All we want are the facts, and we have been thwarted. Eric Holder, Attorney General of the United States, the highest judicial enforcement offi-cer of the United States, has been in contempt, is in contempt, and is show-ing contempt for the Congress and the responsibility under the Constitution of this important committee of Con-gress. \nI urge adoption of the contempt reso-\nlution against the Attorney General. \nb1520 \nMr. CUMMINGS. Mr. Speaker, I yield \n2 minutes to the gentleman from Cali-fornia (Mr. S\nCHIFF ). \nMr. SCHIFF. I thank the gentleman \nfor yielding. \nI rise in strong opposition to these \ncontempt resolutions. \nI spent 6 years as an assistant U.S. \nattorney, and I have great admiration and respect for the hardworking men and women of the Department. I have great respect for our Attorney General, who I think has been a superb Attorney General and is a man of great integ-rity. I, like most Americans, would like to know about the facts of Fast and Furious, about the problem of guns crossing our border, about the horren-dous violence to the south of our bor-der. But what we do today will shed no light on that. \nWhat we do today will not improve \nthe situation in terms of gun violence that has claimed the lives of tens of thousands of Mexican citizens and that has claimed the lives of an increasing number of Americans. What we are doing today is simply a partisan abuse of the contempt power. Thirteen per-cent of the American people think highly of Congress, and today those 13 percent are wondering why. What we do will cause no injury to the Depart-ment, but it will cause great injury to this House. \nThe Justice Department, after pro-\nviding 8,000 documents and extensive testimony, is now being required to turn over privileged materials; and like all administrations before it, it has re-luctantly used executive privilege to respectfully refuse to provide materials it cannot provide. So now we are here, bringing a contempt motion against the Attorney General, who our com-mittee chairman acknowledges was not aware of Fast and Furious. They don’t expect any documents to show he was aware of Fast and Furious. Yet we are going to hold this Cabinet official in contempt? \nThat is an outrageous abuse of the \ncontempt power. What will happen when this Congress actually needs to use the contempt power for a legiti-mate purpose? Will anyone still recog-nize it? \nI urge the Speaker to withdraw this \nmotion as, indeed, Speaker Gingrich withdrew the motion in his day and let the parties work it out. We both know, Democrats and Republicans, how this will end. It will end with a settlement in court months or years from now and \nwith the Department’s providing the same documents it’s offering to provide today. Let’s end this partisan exercise now. \nMr. ISSA. I yield myself 15 seconds. I respect my colleague from Cali-\nfornia, as we came in to Congress to-gether some 12 years ago; but the fact is he talked about everything except the fact that Congress was lied to in a false letter and follow-up statement. Ten months went by. We’re only asking for the information related to the false statements made to Congress during that intervening period and nothing more. \nI reserve the balance of my time. Mr. CUMMINGS. I yield 1 minute to \nthe gentlewoman from California, the minority leader, Ms. P\nELOSI . \nMs. PELOSI. I thank the gentleman \nfor yielding. \nI commend him for his extraordinary \npatriotism, for his commitment to up-holding our oath of office to protect and defend the Constitution, and for recognizing full well the congressional role of oversight of all branches of gov-ernment. I think we all share the view that Congress has a legitimate role to play in oversight; thus, your com-mittee has so much jurisdiction, and I respect that. \nI think we also all agree—I think we \nall very, very much agree—that we are very sad and seek justice for the family of Border Patrol Agent Brian Terry. His loss is a tragedy for all who knew him, for all of us who care about him. We offer our condolences to his family. So sad. But that’s not what we are here to debate, what we agree upon. \nWhat we are here to debate is some-\nthing very, very large because it is a major disagreement between the two sides of the aisle here—and I’m sorry to say that—about what our responsibil-ities are to the Constitution of the United States. The Constitution re-quires Congress and the executive branch to avoid unnecessary conflict and to seek accommodations that serve both their interests. That’s how the Constitution guides us. \nAs Attorney General William French \nSmith, who served under President Ronald Reagan, said: \nThe accommodation required is not simply \nan exchange of concessions or a test of polit-ical strength. It is an obligation of each branch to make a principled effort to ac-knowledge and, if possible, to meet the le-gitimate needs of the other branch. \nMr. Speaker, on the floor today, the \nRepublicans in Congress are not mak-ing a principled effort to acknowledge or to meet the legitimate needs of the other branch. What they are doing is exploiting a very unfortunate cir-cumstance for reasons that I cannot even characterize, so I won’t; but I will say this without any fear of contradic-tion: \nThe basic premise that this debate is \npredicated on today is a false premise. It is factually not true. In how many more ways can I say that? So we have \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00249 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4408 June 28, 2012 \na debate predicated on a false premise. \nWhat can that lead to that has any good outcome? It is a situation in which we have a contempt of Congress resolution against a sitting Cabinet member, which is the first time in the over-200-year history of our country that this has ever happened. Again, what is the motivation? \nSecondly—and that’s why I quoted \nthe Constitution—this motion is not a principled effort to resolve the issue. If it were, we would not be able to meas-ure in hours and days, not even weeks, the rush—the railroading—of a resolu-tion of contempt of Congress that the Republicans passed last week and are bringing this week to the House floor. \nI say this because I took considerable \nheat myself when we brought contempt charges against two staff people at the White House—Josh Bolton and Harriet Miers—4\n1⁄2years ago. We were asking \nfor some papers. We got nothing, as I said to my friends, not even a wrapper of a piece of gum. Nothing. Stonewalled. Nothing. Yet, at the time, our chairman of the Judiciary Com-mittee, Mr. C\nONYERS , and our House \nleadership, Mr. H OYER and others, kept \nsaying, Find a way. Exhaust every remedy so that we do not have to take this action of bringing a contempt charge to the floor of the House. \nFor over 200 days, we tried, we tried, \nwe tried to resolve the situation. When we could not, we brought it to the floor—two staff people at the White House—which is in stark contrast to the rush of one week to the next for an unsubstantiated—not even factual— charge against the Attorney General of the United States. \nIt may just be a coincidence—I don’t \nknow—that the Attorney General of the United States, the chief legal offi-cer of our country, has a responsibility to fight voter suppression, which is going on in our country; has refused to defend the constitutionality of DOMA because he doesn’t believe it’s constitu-tional; or has some major disagree-ments on immigration, which fall under the enforcement of immigration law. \nb1420 \nIt may just be a coincidence that \nthose are part of his responsibilities, or maybe it isn’t. But the fact is is that the chief legal officer of our country and his staff have to spend enormous psychic and intellectual energy and time dealing with this unprincipled ef-fort on the part of the Republicans. \nJust when you think you have seen it \nall, just when you think they couldn’t possibly go any further over the edge, they come up with something like this. It’s stunning. It really is. I don’t mean that in meaning it’s beautiful. It’s stunning. It stops you in your tracks because you say: How far will they go? Have they no limits? Apparently, not. \nThe temptation is to say: Let’s just \nignore the whole thing, to not dignify what they’re doing by even being present on the floor when they do this heinous act, the first time in the his-\ntory of our country, to bring contempt against a Cabinet officer. You would think they’d be more careful about what they say. But being careful about what they say is apparently not part of their agenda. \nI know in our caucus there is a mixed \nresponse to this. They’re acting politi-cally; we should act politically. We shouldn’t vote on this; I want to vote ‘‘no.’’ I think Members have to make their own decision about that. I’m very moved by the efforts of our Congres-sional Black Caucus to say that they’re going to walk out on this. Perhaps that’s the best approach for us to take. How else can we impress upon the American people, without scaring them, about what is happening here? \nWhat is happening here? What is hap-\npening here is shameful. What is hap-pening here is something that we all have an obligation to speak out against. Because I’m telling you it is Eric Holder today, and it’s anybody else tomorrow on any charge they can drum up. \nAs has been said, the fact is that the \npapers that they have seen, they know are exculpatory. That means there is no blame on the Attorney General, and they know that. That’s why they don’t want to bring those responsible for this before their committee, and that’s why I commend Chairman D\nINGELL for his \nleadership in the motion that he will bring to the floor momentarily, a mo-tion of referral, so that we can get to the bottom of this, so that we can see how this happened, so that we can offer some solace to Brian Terry’s family, and so that we can have some sense of decency about what should happen on the floor of the House. \nIt seems to me the more baseless the \ncharge, the higher up they want to go with the contempt. The less they have to say that is real, the higher up they want to bring the contempt charge. \nI have always tried to make it a \nhabit of not questioning the motiva-tion of people. They believe what they believe, we believe what we believe, and we act upon our beliefs. It always interested me that in this Congress somebody can bring something to the floor that is not true. But if I were to call someone a misrepresenter of that information, my words would be taken down. So I guess that gives them lib-erty to say anything because it’s in the form of a motion. \nLet’s make sure that we all take re-\nsponsibility for doing the right thing by not letting there be an abuse of power, an abuse of this floor of the House, an abuse of the time of the ex-ecutive branch, an abuse of the time of a member of the Cabinet who has seri-ous responsibilities to our country. \nI urge my colleagues to do what they \nwant as far as walking off. I myself had said that I was coming to this floor to vote against this resolution. I thought it was so wrong that there was no ques-tion to take the opportunity to vote ‘‘no.’’ But listening to the debate, it is almost unbelievable. Not that what \nthey’re saying is believable, but unbe-lievable that they would say it. \nI say to those who have a doubt \nabout how they want to proceed, that instead of doing what I said before, \nwhich was just to come and treat this as a resolution before the Congress and express my ‘‘no,’’ after listening to the unconscionable presentation, I want to join my CBC colleagues in boycotting the vote when we have the walkout after we have the debate over Mr. D\nIN-\nGELL ’s motion. \nWe all take our responsibilities seri-\nously here, and one of them first and foremost is to support, uphold, and de-fend the Constitution of the United States. That Constitution requires the Congress and the executive branch—as I began—to avoid unnecessary conflict and seek accommodation to serve both interests, the executive branch and the legislative branch. We are not uphold-ing that aspect of the Constitution here. \nI urge my colleagues to vote ‘‘no,’’ or \na ‘‘no’’ vote, but to seriously reject. Let’s hope that this will not be re-peated. But I’m telling you, it’s Eric Holder one day, and you don’t know who it is the next because of the frivo-lousness with which they treat a seri-ous responsibility of the House of Rep-resentatives. It’s appalling. \nMr. ISSA. As I know the former \nSpeaker of the House knows, the Attor-ney General is being held in contempt as the custodian of the records for re-fusing to deliver them, and not because we got to choose how far up or not to go. \nWith that, I yield 1 minute to the \ngentleman from Utah (Mr. C\nHAFFETZ ). \nMr. CHAFFETZ. Mr. Speaker, Leader \nPELOSI seriously questioned our moti-\nvations here. Let me be crystal clear what my motivation is. We have a dead United States agent. We have more than 200 dead people in Mexico. We have more than 2,000 weapons that were knowingly and willfully given to the drug cartels. More than 1,000 of those weapons are still missing. Most of them are AK–47s. We have a duly issued subpoena that has not been re-sponded to. \nOn February 4, 2011, on Department \nof Justice letterhead, they presented the United States Congress a letter that was a lie. It took them nearly 9 to 10 months to provide that information and say, Whoops, sorry. That’s not good enough. \nThis is not about Eric Holder. This is \nabout the Department of Justice and justice in the United States of Amer-ica. I would hearken back to the June 3, 2011, letter that 31 brave Democrats sent to the White House. I will read part of this. And remember, this is about a year ago: \nIt is equally troubling that the Depart-\nment of Justice has delayed action and with-held information from congressional inquir-ies. \nb1540 \nHe went on to say: \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00250 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4409 June 28, 2012 \nWhile the Department of Justice can and \nshould continue its investigation, those ac-tivities should not curtail the ability of Con-gress to fulfill its oversight duty. We urge you to instruct the Department of Justice to promptly provide complete answers to all congressional inquiries. \nThe SPEAKER pro tempore. The \ntime of the gentleman has expired. \nMr. ISSA. I yield the gentleman an \nadditional 15 seconds. \nMr. CHAFFETZ. Nothing’s changed \nin over a year. But I will tell you this: Brian Terry doesn’t have answers. You don’t have answers. I don’t have an-swers. I want all the facts. That’s what we’re asking for today, the facts, all of them. \nMr. CUMMINGS. I will remind the \ngentleman that all of this started under President Bush. \nI reserve the balance of my time. Mr. ISSA. I would recognize myself \nfor 10 seconds. \nThe distinguished gentleman from \nMaryland can have an opinion, but he can’t have his facts. \nFast and Furious was an OCDETF op-\neration that began under President Obama and Attorney General Holder. No ifs, no ands, no buts. And I would trust that the gentleman would no longer make statements that would be less than truthful. \nAnd I reserve the balance of my time. Mr. CUMMINGS. I yield myself 15 \nseconds. \nAgain, the gentleman puts out state-\nments in search of facts. \nI reserve the balance of my time. Mr. ISSA. With that, I yield 1 minute \nto the distinguished gentleman from Indiana (Mr. B\nURTON ), the former \nchairman of the Oversight Committee. \nMr. BURTON of Indiana. I thank the \ngentleman for yielding. \nThere has been a lot of hyperbole and \na lot of repetition, but a lot of the things that have been said haven’t really been factual. So let’s look at the facts: \nBrian Terry was murdered. Hundreds \nof people have been murdered in Mex-ico with guns that went across the bor-der. The Justice Department said in February of 2011 that they had no knowledge about this, and then 10 months later, they admitted they lied. Now they said they didn’t know, and then they said they did. I don’t know what you call that, but to me, it’s a lie. \nThen Chairman I\nSSAtried again and \nagain to get information so we could get to the bottom of this, like the 32 Democrats wanted, and they refused. He sent subpoenas; they refused. They hid behind this being an ongoing inves-tigation and they couldn’t give those documents. We got a fraction of the documents that should have been given to us, but they wouldn’t do that. \nI\nSSAmet with the Attorney General’s \npeople to try to come to some conclu-sion, some kind of a resolution of this so we wouldn’t have to move the con-tempt citation; nothing, absolutely nothing. \nAnd then finally, at the 11th hour, \nwhen we knew that we were going to have to move with the contempt cita-\ntion, the President of the United States issues an executive order claim-ing executive privilege. Something is funny. \nThe SPEAKER pro tempore. The \ntime of the gentleman has expired. \nMr. ISSA. I yield the gentleman an \nadditional 30 seconds. \nMr. BURTON of Indiana. Something \nis wrong. There’s just no question. Something is being hidden from the Congress and the American people. And no matter how much is being said here tonight, the fact of the matter is we aren’t getting the information. \nA Border Patrol agent has been \nkilled, maybe two. Hundreds of people have been killed in Mexico with Amer-ican guns that our government knew were going across that border. The At-torney General has not been giving us the information. The Justice Depart-ment has been hiding it from the Con-gress and the American people, and the President has claimed executive privi-lege. If that doesn’t tell you some-thing, nothing will. \nMr. CUMMINGS. I reserve the bal-\nance of my time. \nMr. ISSA. Mr. Speaker, I would in-\nquire of how much time is remaining. \nThe SPEAKER pro tempore. The gen-\ntleman from California has 6\n1⁄2minutes \nremaining. The gentleman from Mary-land has 1\n1⁄4minutes remaining. \nMr. ISSA. I thank the Speaker. \nI submit the following: \nHOUSE OF REPRESENTATIVES , \nCOMMITTEE ON OVERSIGHT \nANDGOVERNMENT REFORM , \nWashington, DC, May 24, 2012. \nHon. E LIJAH E. C UMMINGS , \nRanking Member, Committee on Oversight and \nGovernment Reform, House of Representa-tives, Washington, DC. \nD\nEAR RANKING MEMBER CUMMINGS : Last \nFebruary, I joined Senator Grassley in inves-tigating Operation Fast and Furious, the reckless and fundamentally flawed program conducted by the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). As you know, during Fast and Furious, ATF agents let straw pur-chasers illegally acquire hundreds of fire-arms and walk away from Phoenix gun stores. The misguided goal of this operation was to allow the U.S.-based associates of a Mexican drug cartel to acquire firearms so they could be traced back to the associates once the firearms were recovered at crime scenes. On December 15, 2010, two guns from the Fast and Furious operation were the only ones found at the scene of U.S. Border Patrol Agent Brian Terry’s murder. \nAN ORGANIZED CRIME DRUG ENFORCEMENT TASK \nFORCE (0CDETF) WIRETAP CASE \nOperation Fast and Furious got its name \nwhen it became an official Department of Justice Organized Crime Drug Enforcement Task Force (OCDETF) Strike Force case. The OCDETF designation resulted in funding for Fast and Furious from the Justice De-partment’s headquarters in Washington, D.C. The Strike Force designation meant that it would not be run by ATF, but would instead create a multi-agency task force led by the U.S. Attorney’s Office. The designation also meant that sophisticated law enforcement techniques such as the use of federal wire intercepts, or wiretaps, would be employed. Federal wiretaps are governed by Title III of the Omnibus Crime Control and Safe Streets \nAct, and are sometimes referred to as ‘‘T– IIIs.’’ \nThe use of federal wire intercepts requires \na significant amount of case-related infor-mation to be sent to senior Department offi-cials for review and approval. All applica-tions for federal wiretaps are authorized under the authority of the Assistant Attor-ney General for the Criminal Division. In practice, a top deputy for the Assistant At-torney General has final sign-off authority before the application is submitted to a fed-eral judge for approval. This deputy must en-sure that the wiretap application meets stat-utory requirements and Justice Department policy. The approval process includes a cer-tification that the wiretap is necessary be-cause other investigative techniques have \nbeen insufficient. Therefore, making such a judgment requires a review of operational tactics. Since gunwalking was an investiga-tive technique utilized in Fast and Furious, then either top deputies in the Criminal Di-vision knew about the tactics employed as part of their effort to establish legal suffi-ciency for the application, or they approved the wiretap applications in a manner incon-sistent with Department policies. \nFrom the beginning, ATF was transparent \nabout its strategy. An internal ATF briefing paper used in preparation for the OCDETF application process explained as much: \nCurrently our strategy is to allow the \ntransfer of firearms to continue to take place, albeit at a much slower pace, in order to further the investigation and allow for the identification of co-conspirators who would continue to operate and illegally traffic fire-arms to Mexican DTOs which are perpe-trating armed violence along the Southwest Border. \n* * * * * \nThe ultimate goal is to secure a Federal T– \nIII audio intercept to identify and prosecute all co-conspirators of the DTO. . . . \nTracking the illegally-purchased guns \nafter they left the premises of Federal Fire-arms Licensees (FFLs) would allow ATF and federal prosecutors to build a bigger case, one aimed at dismantling what was believed to be a complex firearms trafficking net-work. The task force failed, however, to track the firearms. Instead, according to the testimony of ATF agents, their supervisors ordered them to break off surveillance short-ly after the guns left the gun stores or were transferred to unknown third parties. Many of the firearms purchased were next seen at crime scenes on both sides of the border. \nTHE FAST AND FURIOUS GUN TRAFFICKING \nNETWORK WAS NOT COMPLEX \nWe now know the gun trafficking ring that \nFast and Furious was designed to target was relatively straightforward. It involved ap-proximately 40 straw purchasers; a money- man, Manuel Celis-Acosta (Acosta), and; two figures tied to Mexican cartels. Acosta and the cartel figures were the top criminals tar-geted by ATF and the U.S. Attorney’s Office. \nOn January 19, 2011, 20 suspects were in-\ndicted, including Acosta and 19 of his straw buyers. In all, it is believed that the Fast and Furious network purchased approxi-mately 2,000 firearms. An internal ATF docu-ment dated March 29, 2011, shows that of the indicted defendants, only a select few pur-chased the majority of the firearms, and nearly all of the purchases occurred after ATF knew that these defendants were straw purchasers working with Acosta. These four indicted defendants alone illegally purchased nearly 1,300 firearms: Uriel Patina (720), Sean Steward (290), Josh Moore (141), and Alfredo Celis (134). \nTHE GOALS OF OUR INVESTIGATION \nA central aim of our investigation has been \nto find out why and how such a dangerous \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00251 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4410 June 28, 2012 \nplan could have been conceived, approved, \nand implemented. Who in ATF and the Jus-tice Department knew about the volume of guns being purchased? Who approved of the case at various stages as it unfolded? Under whose authority did this occur? Who could have—and should have—stopped it? By close-ly examining this disastrous program, our Committee hopes to prevent similar reckless operations from using dangerous tactics like gunwalking ever again. Our investigation also aims to determine what legislative ac-tions might be necessary to ensure that such \na program will not happen again. \nTHE DEPARTMENT ’S FAILURE TO COMPLY WITH \nTHE COMMITTEE ’S SUBPOENAS \nOur Committee is still entitled to thou-\nsands of documents responsive to our sub-poenas. These documents will undoubtedly shed more light on the misguided tactics used in Operation Fast and Furious. If the Justice Department changes course and com-plies with the Committee’s subpoenas, some of these documents will cover the targets of an FBI investigation of the individuals who were the link between the drug cartels and the Fast and Furious firearms trafficking ring. Other documents will chronicle the De-partment’s response to allegations of whis-tleblowers following Agent Terry’s death and how it shifted its position from the outright denial that there was any misconduct to the Department’s formal withdrawal of its false statement in December 2011. \nMost importantly, as you are well aware, \nwe are still waiting for documents relating to the individuals who approved the tactics employed in Fast and Furious. In his recent letter to me, Deputy Attorney General James Cole asserted that such documents ‘‘will not answer the question’’ of what sen-ior officials were in fact notified of the unac-ceptable tactics used in Fast and Furious. This statement is deeply misleading. We are aware of specific documents that lay bare the fact that senior officials in the Depart-ment’s Criminal Division who were respon-sible for approving the applications in sup-port of the Fast and Furious wiretap author-ization requests were indeed made aware of these questionable tactics. Cole’s letter goes on to state that ‘‘Department leadership was unaware of the inappropriate tactics used in Fast and Furious until allegations about those tactics were made public in early 2011.’’ That statement is even more mis-leading and utterly false. The information provided to senior officials in the affidavits accompanying the wiretaps includes copious details of the reckless investigative tech-niques involved. Senior department leaders were not only aware of these tactics. They approved them. \nWIRETAP APPLICATION OBTAINED BY THE \nCOMMITTEE \nThe Committee has obtained a copy of a \nFast and Furious wiretap application, dated March 15, 2010. The application includes a memorandum dated March 10, 2010, from As-sistant Attorney General of the Criminal Di-vision Lanny A. Breuer to Paul M. O’Brien, Director, Office of Enforcement Operations, authorizing the wiretap application on be-half of the Attorney General. The memo-randum from Breuer was marked specifically for the attention of Emory Hurley, the lead federal prosecutor for Operation Fast and Furious. \nIn response to your personal request, I am \nenclosing a copy of the wiretap application. Please take every precaution to treat it carefully and responsibly. I am hopeful that it will assist you in understanding the infor-mation brought to the attention of senior of-ficials in the Criminal Division charged with reviewing the contents of the applications to determine if they were legally sufficient and conformed to Justice Department policy. \nThe information is as vast as it is specific. This wiretap application, signed by Deputy Assistant Attorney General Kenneth Blanco under the authority of his supervisor, Assist-ant Attorney General Breuer, provides new insight into who knew—or should have known—what and when in Operation Fast and Furious. \nTo assist you in better understanding the \nfacts, I appreciate the opportunity to provide relevant and necessary context for some of the information in this wiretap application. Due to the sensitivity of the document, indi-vidual targets and suspects will be referred to with anonymous designations. You will notice, however, that the individuals re-ferred to in the wiretap application are well- known to our investigation. Although senior Department officials authorized this applica-tion on March 15, 2010, a mere four months after the investigation began, it contains a breathtaking amount of detail. \nThe detailed information about the oper-\national tactics contained in the applications raises new questions about statements of senior Justice Department officials, includ-ing the Attorney General himself. Before the Senate Judiciary Committee on November 8, 2011, the Attorney General testified: \nI don’t think the wiretap applications—I’ve \nnot seen—I’ve not seen them. But I don’t know—I don’t have any information that in-dicates that those wiretap applications had anything in them that talked about the tac-tics that have made this such a bone of con-tention and have legitimately raised the concern of members of Congress, as well as those of us in the Justice Department. I—I’d be surprised if the tactics themselves about gun walking were actually contained in those—in those applications. I have not seen them, but I would be surprise[d] [if that] were the case. \nAt a hearing before our Committee on Feb-\nruary 2, 2012, the Attorney General also de-nied that any information relating to tactics appeared in the wiretap affidavits. He testi-fied: \nI think, first off, there is no indication \nthat Mr. Breuer or my former deputy were aware of the tactics that were employed in this matter until everybody I think became aware of them, which is like January Feb-ruary of last year. The information—I am not at this point aware that any of those tac-tics were contained in any of the wiretap ap-plications. \nContrary to the Attorney General’s state-\nments, the enclosed wiretap affidavit con-tains clear information that agents were willfully allowing known straw buyers to ac-quire firearms for drug cartels and failing to interdict them—in some cases even allowing them to walk to Mexico. In particular, the affidavit explicitly describes the most con-troversial tactic of all: abandoning surveil-lance of known straw purchasers, resulting in the failure to interdict firearms. \nThe Justice Department’s Office of En-\nforcement Operations reviews the wiretap applications to ensure that they are both le-gally sufficient and conform to Justice De-partment policy. Deputy Attorney General James M. Cole has verified this under-standing. In a letter he sent to Congress on January 27, 2012, he stated that the Depart-ment’s ‘‘lawyers help AUSAs and trial attor-neys ensure that their wiretap packages meet statutory requirements and DOJ poli-cies. When Assistant Attorney General Breuer testified last November about the wiretap approval process, however, he stated: \n[The role of the reviewers and the role of \nthe deputy in reviewing Title Three applica-tions is only one. It is to insure that there is legal sufficiency to make an application to go up on a wire, and legal sufficiency to peti-tion a federal judge somewhere in the United \nStates that we believe it is a credible re-quest. But we cannot—those now 22 lawyers that I have who review this in Washington— and it used to only be seven—can not and should not replace their judgment, nor can they, with the thousands of prosecutors and agents all over the country. Theirs is a legal analysis; is there a sufficient basis to make this request. \nAssistant Attorney General Breuer failed \nto acknowledge that before a wiretap appli-cation can be authorized, it must adhere to Justice Department policy. Yet, the oper-\national tactics included in the enclosed wire-tap application—including abandoning sur-veillance and not interdicting firearms—vio-late Department policy. According to Deputy Attorney General Cole, operations allowing guns to cross the border do indeed violate Department policy. In an e-mail he sent to southwest border U.S. Attorneys on March 9, 2011, Deputy Attorney General Cole stated, ‘‘I want to reiterate the Department’s pol-icy: We should not design or conduct under-cover operations which include guns crossing the border.’’ \nThe Committee understands the limita-\ntions of the Office of Enforcement Oper-ations function. Nevertheless, when pre-sented with alarming details such as those contained in this application, a sensible law-yer—vested with the important responsi-bility of recommending to the Assistant At-torney General whether a wiretap should be authorized—must raise the alarm. Senior of-ficials reviewing the application for legal sufficiency and/or whether Justice Depart-ment policy was followed, however, failed to identify major problems that these manifold facts suggested. \nMARCH 2010 WIRETAP APPLICATION STATES THE \nMAIN SUSPECT HAD INTENT TO ACQUIRE FIRE -\nARMS FOR THE PURPOSE OF TRANSPORTING \nTHEM TO MEXICO \nAccording to the wiretap application ob-\ntained by the Committee, as early as Decem-ber 2009, the task force had identified the main suspect in Fast and Furious (Target 1), a figure well-known to our investigation. The affidavit provides transcripts of entire conversations obtained through a prior DEA wire intercept. These conversations dem-onstrate that key suspects in Operation Fast and Furious were running a firearms traf-ficking ring. In one conversation that took place on December 11, 2009, Unknown Person 1 asks, ‘‘Can you hold them [firearms] for me there for a little while there?’’ Target 1 re-sponds, ‘‘Well it’s that I do not want to have them at home, dude, because there is a lot of . . . uh, it’s too much heat at my house.’’ Unknown Person 1 then asked where he could store the firearms and Target 1 re-sponds, ‘‘[m]ake arrangements with that guy [Straw Purchaser X], call him back and make arrangements with him.’’ The affidavit acknowledges that while monitoring the DEA target telephone numbers, law enforce-ment officers intercepted calls that dem-onstrated that Target 1 was conspiring to purchase and transport firearms for the pur-pose of trafficking the firearms from the United States to Mexico. \nMARCH 2010 WIRETAP APPLICATION STATES THAT \nNEARLY 1 ,000 FIREARMS HAD ALREADY BEEN \nPURCHASED , AND THAT MANY WERE RECOV -\nERED IN MEXICO \nThe Probable Cause section of the affidavit \nshows that ATF was aware that from Sep-tember 2009 to March 15, 2010, Target I ac-quired at least 852 firearms valued at ap-proximately $500,000 through straw pur-chasers. As of March 15, 2010, twenty-one straw purchasers had been identified. Be-tween September 23, 2009, and January 27, 2010, 139 firearms purchased by these straw \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00252 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4411 June 28, 2012 \npurchasers were recovered—81 of which were \nin Mexico. These recoveries occurred one to 49 days after their purchase in Arizona. \nMARCH 2010 WIRETAP APPLICATION DESCRIBES \nHOW SMUGGLERS WERE BRINGING FIREARMS \nINTO MEXICO \nThe wiretap affidavit details that agents \nwere well aware that large sums of money were being used to purchase a large number \nof firearms, many of which were flowing across the border. For example, in the span of one month, Straw Purchaser Z bought 241 firearms from just three cooperating FFL,s. Of those, at least 57 guns were recovered shortly thereafter either in the possession of others or at crime scenes on both sides of the border. The wiretap affidavit even shows that ATF agents knew the tactics the smug-glers were using to bring the guns into Mex-ico. \nAccording to the affidavit: The potential \ninterceptees conspire with each other and others known to illegally traffic firearms to Mexico. The potential interceptees purchase firearms in Arizona and transport them to Mexico or a location in close proximity of the United States/Mexico border. The poten-tial interceptees deliver the firearms to indi-vidual(s) both known and unknown who then transport them into Mexico and/or the po-tential interceptees transport the firearms across the border and deliver them to cus-tomers both known and unknown. \nThe fact that ATF knew that Target 1 had \nacquired 852 firearms and had the present in-tent to move them to Mexico should have prompted Department officials to act. De-partment officials should have ensured that the firearms were interdicted immediately and that law enforcement took steps to dis-rupt any further straw purchasing and traf-ficking activities by Target 1. Similarly, by way of example, if Criminal Division attor-neys were reviewing a wiretap affidavit that showed that human trafficking was taking place for the purpose of forcing humans into slavery, the attorneys should act to make sure such a practice would not continue. Ac-cordingly, Target l’s activities should have provoked an immediate response by the Criminal Division to shut him and his net-work down. \nMARCH 2010 WIRETAP APPLICATION CONTAINS \nDETAILS OF DROPPED SURVEILLANCE \nThe wiretap affidavit also describes fire-\narms purchases by individual straw pur-chasers. For example, Straw Purchaser Y purchased five AK–47 type firearms on De-cember 10, 2009, and surveillance units ob-served Straw Purchaser Y travel from the FFL where he made the purchase to Target l’s residence. The next day, surveillance units observed Straw Purchaser Y purchase an additional 21 AK–47 type firearms, and within an hour, arrive at Target l’s home. \nOn December 8, 2009, agents observed \nStraw Purchaser Z purchase 20 AK–47 type firearms. While Straw Purchaser Z was mak-ing this purchase, Z saw a commercial deliv-ery truck arrive at the gun store with a ship-ment of an additional 20 AK–47 type fire-arms. Straw Purchaser Z then told FFL em-ployees that he wanted to purchase those ad-ditional firearms. Later that same day, Straw Purchaser Z returned to the FFL to buy them. After Straw Purchaser Z left the FFL with the firearms, Phoenix police offi-cers conducted a vehicle stop on Straw Pur-chaser Z’s vehicle and identified two of the passengers as Straw Purchaser Z and Target 1. The officers observed the firearms in the bed of the truck and asked the subjects about the firearms. Straw Purchaser Z told them he had purchased the firearms and they belonged to him. ATF agents continued sur-veillance until the vehicle arrived at Target l’s residence. The very next day, nine of these firearms \nwere recovered during a police stop of a third person in Douglas, Arizona, on the U.S.-Mex-ico border. Five days later, Straw Purchaser Z bought another 43 firearms from an FFL. On December 24, 2009, Straw Purchaser Z bought even more firearms, purchasing 40 AK–47 type rifles from an FFL. All of these rifles were recovered on January 13, 2010, in El Paso, Texas, near the U.S./Mexico border. Although the individual found in possession of all these guns provided the first name of the purchaser, agents did not arrest the indi-vidual or the purchaser. \nThough the wiretap application states that \nagents were conducting surveillance of known straw purchasers, none of these weap-ons were interdicted. No arrests were made. \nMARCH 2010 WIRETAP DETAILS HOW FAST AND \nFURIOUS FIREARMS HAD BEEN FOUND AT \nCRIME SCENES IN MEXICO \nThe wiretap affidavit also details the very \nsort ‘‘time-to-crime’’ for many of the fire-arms purchased during Fast nd Furious. For example, on November 6, 2009, November 12, 2009, and November 14, 2009, Straw Purchaser Y purchased a total of 25 AK–47 type firearms from an FFL in Arizona. On November 20, 2009—just eight days later—Mexican officials recovered 17 of these firearms in Naco, So-nora, Mexico. Another straw purchaser, Straw Purchaser Q, purchased a total of 17 AK–47 type firearms from an FFL on Novem-ber 3, 2009, November 10, 2009, and November 12, 2009. Then, on December 9, 2009, Mexican officials recovered 11 of these firearms in Mexicali, Baja California, Mexico, along with approximately 421 kilograms of cocaine, 60 kilograms of methamphetamine, 48 addi-tional firearms, 392 ammunition cartridges, $2 million in U.S. currency, and $800,000 in Mexican currency. \nOnce again, although ATF was aware of \nthese facts, no one was arrested, and ATF failed to even approach the straw purchasers. Upon learning these details through its re-view of this wiretap affidavit, senior Justice Department officials had a duty to stop this operation. Further, failure to do so was a violation of Justice Department policy. \nSTRAW PURCHASERS HAD MEAGER FINANCIAL \nMEANS \nThe affidavit provides details of the straw \npurchasers’ financial records. As of March 15, 2010, just four straw purchasers had spent $373,206 in cash on firearms. Yet, these same straw purchasers had only minimal earnings in Fiscal Year (FY) 2009. Straw Purchaser Q earned $214 per week, while Straw Purchaser Y earned only $188 per week. Straw Pur-chaser Z earned $9,456.92 during FY 2009, and Straw Purchaser X did not report any in-come whatsoever. \nName Money spent on \nfirearms by \n3/15/10 FY 2009 income* \nStraw Purchaser Y ........................ $128,580 $9,776 \nStraw Purchaser Q ........................ 64,929 11,128 Straw Purchaser X ........................ 39,663 None reported Straw Purchaser Z ........................ 140,034 9,456 \nTotal ..................................... $373,206 \n*Incomes based on weekly incomes detailed in wiretap application. \nThese straw purchasers did not have the fi-\nnancial means to spend tens of thousands of dollars each on guns. Yet, ATF allowed them to continue acquiring firearms without ap-proaching them to inquire how they were able to obtain the funds to do so. ATF also failed to alert the FFLs with this informa-tion so that they could make more fully in-formed decisions as to whether to continue selling to these straw purchasers. \nCONCLUSION \nThe wiretap affidavit reveals a remarkable \namount of specific information about Oper-ation Fast and Furious. The affidavit reveals \nthat the Justice Department has been mis-representing important facts to Congress and withholding critical details about Fast and Furious from the Committee for months on end. As the primary investigative arm of Congress, our Committee has a responsi-\nbility to demand answers from the Depart-ment and continue the investigation until we get all the facts. \nSincerely, \nD\nARRELL ISSA. \nChairman. \nMr. ISSA. I now yield 1 minute to the \ngentleman from Oklahoma (Mr. L\nANKFORD ). \nMr. LANKFORD. Mr. Speaker, this is \na truly sad day. This is not stunning, as I have heard. This is a deliberative process that we’ve tried to work through. \nWe have a border agent that’s been \nkilled. We have hundreds of Mexicans that have been killed. And the finger-prints on all of that go straight back to an operation that was done by the Fed-eral Government. This is a moment to get all of the facts, to get it on the table, find out what happened, and to get it done. \nNow, we started with a subpoena \nprocess, over 22 different categories. We narrowed that down to one. How do we get the documents from the time of February 4 of last year, when the De-partment of Justice told us one thing, and December, when they said, Oops, and changed their story? We found out that they had not told us the truth. And in that time period when they stalled, stalled, stalled, stalled, we just want the information on that. How did this occur? \nThis is essential because Phoenix \nATF had a plan, Fast and Furious. It was then approved by the U.S. attorney in that area, and then went up the food chain to the Department of Justice, where it was signed off. This is not ir-relevant. It is essential that we know the process of how this was done. If we’re going to fix this problem, we’ve got to know the facts. Instead, they’re being withheld. \nMr. CUMMINGS. I will continue to \nreserve the balance of my time. \nMr. ISSA. Mr. Speaker, as a point of \ninquiry, do I have the right to close? \nThe SPEAKER pro tempore. The gen-\ntleman from California has the right to close. \nMr. ISSA. Then I will reserve my \nright to close. \nMr. CUMMINGS. Does the gentleman \nhave any further requests for time? \nMr. ISSA. No, I do not. Mr. CUMMINGS. Mr. Speaker, as the \nDemocratic leader said, there is no doubt that the Constitution gives Con-gress the right and responsibility to in-vestigate. But the Constitution also re-quires something else. It requires Con-gress and the executive branch to avoid unnecessary conflict and deceit, ac-commodations that serve both of their interests. \nIn this case, the Attorney General \nhas testified nine times. He has pro-vided thousands of pages of documents. He has provided 13 pages of deliberative \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00253 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4412 June 28, 2012 \ninternal documents, and he is willing \nto provide even more to me, the recent demands of Chairman I\nSSA. \nBut House Republican leaders are not \nhonoring their constitutional obliga-tions. In fact, they are running in the wrong direction as quickly as possible. It is fundamentally wrong to vote in favor of this resolution at this time when the Attorney General has been working with the House in good faith. I believe this action will undermine the standing of the House, will cement the Speaker’s legacy, and will be recorded by history as a discredit to this insti-tution. \nWith that, I yield back the balance of \nmy time. \nMr. ISSA. I yield myself such time as \nI may consume. \nMr. Speaker, there’s been a lot of \ntalk about the documents that the At-torney General couldn’t give us. These documents, documents under seal, would be an example of documents that we should not see, except in camera, and we’ve taken great care to ensure that no one outside Members of Con-gress and key staff have ever looked at them. \nBut I’ve looked at them, and what I \nknow is that these documents, read by any person of ordinary learning, make it very clear that these wiretap appli-cations were read and signed by indi-viduals in the Department of Justice in Washington. And if you read them, you knew they were gunwalking. People will tell you differently. I give you my word: You read this, you know they were letting guns go to Mexico. They knew who the buyers were, who the intermediaries were, who the recipients were, and, most importantly, where they ended up. And there are reports in here, as part of the evidence given to judges in order to get wiretaps—there is evidence that they knew that, in fact, weapons had already ended up in Mexico. \nThat’s before Brian Terry was killed. \nThat’s how Fast and Furious could have been stopped. That’s how people could have been warned. In fact, that’s at a time in which ATF agents in Mex-ico City, if they punched in the serial number of a weapon found there, they got an erroneous, an error. They did not get meaningful information be-cause that was being blocked—not by ATF, per se, but by the Department of Justice under the auspices of the U.S. attorney and his bosses. \nb1550 \nNow you’re going to hear that this \nbegan under President Bush and Attor-ney General Mukasey. I’m going to tell you that’s just false. What happened in previous administrations with some of the same local ATF agents was they exercised extremely bad judgment. They did things and pushed on pro-grams that I believe were poorly con-ceived and poorly manned and as a re-sult they lost track of weapons repeat-edly. That happened. And it was wrong. The U.S. attorney at the time even de-clined prosecutions because of failed \ntechniques. \nAll of these were shut down during \nthe Bush administration. President Bush can take no credit for it. He didn’t know it. As far as I know, the Attorney General didn’t know. And anyone who saw the record of that should say: This was wrong-minded. But during this administration, during the time in which the Attorney Gen-eral and his key lieutenants, including Lanny Breuer, were in charge, they re-opened the prosecutions from a failed program called Wide Receiver and they opened Fast and Furious. \nNow I’m the second child in a family. \nI have an older brother. I learned at a very young age you in fact cannot, when you do something wrong, say: My brother Billy did it. It doesn’t work that way. You’re responsible for what you do wrong, whether it happened be-fore your watch or not. This happened on the Attorney General’s watch. \nBut that’s not why we’re here today. \nWe’re here because when we asked le-gitimate questions about Brian Terry’s murder, about Fast and Furious, we were lied to. We were lied to repeatedly and over a 10-month period. The fact is that is what we’re here for. The Amer-ican people want to know if you give false testimony to Congress. \nThe minority leader talked about, \nWhy is there such a hurry? Why was there a 10-month delay? I was sworn in just a few days before this investiga-tion began, and now we’re nearing an election. We don’t want to have this during an election. We want to have resolution for the Terry family. \nThe important thing is, we know \nenough to know that we have people who have told us under penalty of criminal prosecution—they have told Congress and their employees certain documents exist. And we’ve asked for those documents. And we’ve been de-nied them. We can’t bring Kenneth Melson back in in good faith and say, Well, we’ve got to get them in front of our committee, if in fact there’s docu-ments he says exist. And they do, and they will not be given to us. We want to have those so we can ask the best questions. \nYou’ve heard earlier that in fact \nwe’ve denied somehow due process to the minority. My ranking member is very capable, and has asked for minor-ity days; in other words, hearings ex-clusively for him. He chose not to do it. When we were having the local ATF and other individuals in early on, all of whom worked for this government, he didn’t even ask for any. It wasn’t until we asked to have the Attorney General come in, based on these false state-ments and final retraction, that he suddenly wanted a previous Attorney General, who happened to say, No, I don’t want to come. So on that par-ticular day we would have had to sub-poena him to get him in. I have no ob-jection to having the former Attorney General in. I believe that on his watch and his predecessor’s watch and his predecessor’s watch and for a very long \ntime we have not done a good job of overseeing the actions of field agents when it comes to guns. \nBut, again, we’re here today, for the \nfirst time in over 200 years, to deal with an Attorney General who has flat- out refused to give the information re-lated to lies and a coverup exclusively within his jurisdiction. That’s what we’re voting on. \nI urge a ‘‘yes’’ vote on the contempt \non behalf of the Terry family. \nI yield back the balance of my time. The SPEAKER pro tempore. All time \nfor debate on the resolution has ex-pired. \nMOTION TO REFER \nMr. DINGELL. I have a motion at the \ndesk. \nThe SPEAKER pro tempore. The \nClerk will report the motion to refer. \nThe Clerk read as follows: \nMr. Dingell of Michigan moves to refer the \nresolution, H. Res. 711, to the Committee on Oversight and Government Reform with in-structions to: \n(1) Hold a bipartisan public hearing with \ntestimony from Kenneth Melson, the former Acting Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives during Operation Fast and Furious. \n(2) Hold a bipartisan public hearing with \ntestimony from William Hoover, the former Acting Deputy Director of the Bureau of Al-cohol, Tobacco, Firearms, and Explosives during Operation Fast and Furious. \n(3) Hold a bipartisan public hearing with \ntestimony from former Attorney General Mi-chael Mukasey, who, according to documents produced to the committee, was informed during his tenure that, although efforts to coordinate firearm interdictions with Mexi-can law enforcement officials in 2007 ‘‘have not been successful’’, the ‘‘ATF would like to expand’’ such efforts. \n(4) Conduct a bipartisan transcribed inter-\nview of Alice Fisher, who served as the As-sistant Attorney General for the Criminal Division of the Department of Justice from 2005 to 2008, about her role in authorizing wiretaps in Operation Wide Receiver. \n(5) Conduct a bipartisan transcribed inter-\nview of Kenneth Blanco, who serves as Dep-uty Assistant Attorney General at the De-partment of Justice and also authorized wiretaps in Operation Fast and Furious. \n(6) Take such further actions as the com-\nmittee, with full bipartisan consultation, deems appropriate to assure a thorough and vigorous investigation of this matter. \nThe SPEAKER pro tempore. Pursu-\nant to House Resolution 708, the gen-tleman from Michigan (Mr. D\nINGELL ) \nand a Member opposed each will con-trol 5 minutes. \nThe Chair recognizes the gentleman \nfrom Michigan. \nMr. DINGELL. I yield myself 4 min-\nutes. \n(Mr. DINGELL asked and was given \npermission to revise and extend his re-marks.) \nMr. DINGELL. I rise to offer this mo-\ntion to refer so that this investigation can focus on the real issues at hand and to get the facts. \nI begin by expressing my respect and \naffection for the chairman of the com-mittee, Mr. I\nSSA. I want to see a proper \ninvestigation and the facts gotten about serious misbehavior and utter in-competence at the Bureau of Alcohol, \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00254 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4413 June 28, 2012 \nTobacco, and Firearms and Explosives, \ncalled the ATF. This is a tragedy. \nI have had the entirety of the motion \nread so that we can understand what a real investigation is. I didn’t roll off the cabbage wagon yesterday, Mr. Speaker. I chaired committees for over 20 or 30 years, and I have conducted more investigations than any man in this particular body. It is clear that the events here were characterized by dishonest, evasive, and deceitful activi-ties on the part of ATF personnel. \nI want to find out what has happened. \nThis is not the first time I’ve crossed swords with ATF and this is not the first time I have found them engaged in shameful, illegal, and improper behav-ior. In one instance, I caught them raiding the home of an individual. They shot him in the brain and they pitched his wife, in her underpants, out into the hall. \nOperation Fast and Furious was a \nhighly irresponsible operation that never should have occurred. People on both sides of this aisle agree to that. The American people want the answers and they deserve to have a proper, thorough, and bipartisan investigation that gets them the truth. My con-stituent Brian Terry wants the truth from the grave, and his families asks that we get the truth. With God as my judge, they deserve it, and they shall have it if I can get it for them. \nI have shared scores of investigations \nand hearings over 50 years on wrong-doing which have collected hundreds of millions of dollars wrongfully taken from our people and have caught more than a few serious wrongdoers, who have paid proper penalties for their wrongdoing. \nThese investigations were always bi-\npartisan, with both sides of the aisle actively participating and fully in-formed. The actions of the committee were unanimously conducted and sup-ported by Members on both sides of the aisle. What we see before us does not follow that model, and it brings no re-spect to this body. As someone who holds the institution here in the high-est regard, I find this to be most trou-bling. \nInstead of going after the real an-\nswers and getting the facts about what happened at ATF, the majority of the committee has engaged in what ap-pears to be a partisan political witch hunt, with the Attorney General as its target. Over the 16-month investiga-tion, Democrats were not permitted to call a single witness to testify. So much for bipartisanship. The American people deserve better than this, Mr. Speaker. They deserve a legitimate in-quiry based on facts which all Members of this body can support. \nb1600 \nThis is not a Second Amendment \nquestion. I have defended the Second Amendment more than any Member of this body, and I am a past member of the board of directors of NRA and a life member of that body. We deserve, and the American people deserve, a legiti-\nmate inquiry based on the facts. \nIt seems to me there’s a simple way \nto resolve this dispute. First, adopt the resolution. Then see to it that the At-torney General produces the docu-ments that are currently at issue, and I will actively support the gentleman and see to it that those facts and docu-ments are presented. \nSecond, the House Republicans \nshould give a good-faith commitment to work towards resolving the con-tempt fight. If the documents in fact are consistent with the Attorney Gen-eral’s testimony that he never author-ized or approved or knew about gunwalking, then I think we should consider the matter of contempt re-solved. \nThe SPEAKER pro tempore. The \ntime of the gentleman has expired. \nMr. DINGELL. I reserve the balance \nof my time. \nMr. ISSA. Mr. Speaker, I claim time \nin opposition. \nThe SPEAKER pro tempore. The gen-\ntleman from California is recognized for 5 minutes. \nMr. ISSA. Mr. Speaker, I yield myself \n1 minute. \nI respect the gentleman from Michi-\ngan, the dean of the House, but you’re just wrong. There were plenty of oppor-tunities for the minority to ask for witnesses. They chose not to except at one hearing, and then they wanted the former Attorney General. They did not avail themselves of the procedures al-lowing them to have a hearing even though they know how to do it and have done it. \nBut more importantly, when you say \nyou represent Brian Terry, you do not. The Terry family issued this state-ment, referring to Congressman D\nIN-\nGELL : \nHis views don’t represent those of the \nTerry family. Nor does he speak to the Terry family. And he has never spoken to the Terry family. \nSecondly: \nHis office sent us a condolence letter when \nBrian was buried 18 months ago. That’s the last time we heard from him. \nThird: \nA year ago, after the Oversight and Gov-\nernment Reform Committee began its work, one of Brian’s sisters called Representative D\nINGELL ’s office seeking help and answers. \nNo one from his office called back. \nLastly: \nIf Rep. Dingell truly wants to support the \nTerry family and honor Brian Terry, a son of Michigan, he and other Members of Congress will call for the Attorney General to imme-diately provide the documents requested by the House Oversight and Government Re-form Committee. \nI reserve the balance of my time. \nMr. DINGELL. I yield myself the bal-\nance of my time. \nWell, I was aware of this. I have com-\nmunicated with the family my sorrow at their loss, and my office is setting up a meeting with the Terry family as soon as I can get back to Michigan. \nMy motion here would ensure that \nthe witnesses the minority has re-quested, including the former Director \nof ATF during the time of this oper-ation, are called for a full, open public hearing to ensure that the American people get the whole story. \nI’m not here solely representing the \ninterests of the Terry family. I’m here representing the interests of the whole country and all of the 800,000 people that I serve in the 15th District of Michigan. \nAs I’ve said on a number of occasions \nin the last year, Congress has two choices in their decisionmaking: we \ncan work together and get something done, or we can play political football. I choose to get something done, which is why I have offered a resolution. And if you have listened to what I had read by the Clerk, you will observe that it says we want a full, thorough, bipar-tisan investigation. That’s the way the matter should be done. And Members on this side will support the findings of that investigation if the chairman of that committee will permit this kind of undertaking to be begun. \nI would observe this very interesting \nfact. The contempt resolution is going to give the same instructions to the same fellow who is under contempt. He will simply put it in his pocket, and we will find that this body has been weak-ened in its dealings with the executive branch. \nI yield back the balance of my time. Mr. ISSA. Mr. Speaker, I now yield \nall remaining time to the gentleman from South Carolina (Mr. G\nOWDY ), an \nexperienced prosecutor, to close. \nThe SPEAKER pro tempore. The gen-\ntleman from South Carolina is recog-nized for 4 minutes. \nMr. GOWDY. Mr. Speaker, I thank \nthe chairman. \nThis is a sad day, Mr. Speaker, for \nthose of us who respect the rule of law as the foundation of this Republic, for those of us who proudly worked for the Department of Justice, for those of us who believe the same rules apply to ev-eryone regardless of whether they live simple lives of peace and quiet or whether they live and work in the tow-ers of power, prestige, and authority. The same rules apply to everyone. It is the greatness of this country, Mr. Speaker. It is the greatness, the ele-gance, the simplicity of a woman who is blindfolded holding nothing but a set of scales and a sword. \nThe chief law enforcement official for \nthis country is on the eve of being held in contempt of Congress because he re-fuses to follow the law. He refuses to allow Congress to find the truth, the whole truth. For those of you who want a negotiation, a compromise, an ex-traordinary accommodation, to use the Attorney General’s words, for those of you who want to plea bargain, my question to you is simply this: Will you settle for 75 percent of the truth? Is 50 \npercent of the truth enough for you? Is a third? Or do you want it all? Because if you want all the truth, then you want all the documents. \nIf you’ve ever sat down, Mr. Speaker, \nwith the parents who have lost a child \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00255 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4414 June 28, 2012 \nwho has been murdered—and some of \nmy colleagues on both sides of the aisle have been there—it is a humbling, emo-tional, life-altering experience. All they want is the truth. They want an-swers. They want justice, and they don’t want part of it. They want all of it. And I will not compromise, Mr. Speaker, when it comes to finding the truth. \nCongress is right to pursue this no \nmatter where it takes us. No matter which administration was in power and no matter what the facts are, we are right to pursue this. And we are wrong if we settle for anything less than all the facts. \nTo my colleagues who are voting \n‘‘no,’’ Mr. Speaker, let me ask this: Can you tell me, can you tell the American people why the Department of Justice approved this lethal, fatally flawed operation? \nTo those of you who are voting ‘‘no,’’ \ncan you tell the American people how the tactic of gunwalking was sanc-tioned? \nTo those of you who are voting ‘‘no,’’ \ncan you tell Brian Terry’s family and friends how a demonstrably false letter was written on Department of Justice letterhead on February 4, and where would we be if we accepted that letter at face value? A letter written on De-partment of Justice letterhead, that is not just another political Cabinet agency. It is emblematic of what we stand for as a country—truth, justice, the equal application of law to every-one. That letter was written on Amer-ica’s stationery. That is what the De-partment of Justice is, and it was dead wrong. And where would we be if we took their word for it? \nOur fellow citizens have a right to \nknow the truth, and we have an obliga-tion to fight for it, Mr. Speaker, the politics be damned. We have a right to fight for it. \nI wish the Attorney General would \ngive us the documents. I would rather have the documents than have this vote on contempt of Congress. But we cannot force him to do the right thing, and that does not relieve us of the re-sponsibility for us to do the right thing. Even if the heavens may fall, Mr. Speaker, I want the truth. I want all of it. We should never settle for less than all of it, and we have to start today. \nMr. BRALEY of Iowa. Mr. Speaker, I op-\nposed the contempt of Congress resolution today because I don’t want political games or partisan politics to stand in the way of a seri-ous effort to find the truth. \nThe best place to resolve this dispute isn’t \non the floor of the House in an election year, but in a federal court where both sides can present their cases and the debate won’t turn into a political circus. \nI’ve been disappointed by the failure of both \nHouse Republicans and the Justice Depart-ment to find a practical way to get the Amer-ican people the full details of this tragedy with-out compromising existing court orders and other national security concerns. An American was murdered and we owe it to his family and the public to get to the bottom of what hap-\npened. \nMr. YOUNG of Alaska. Mr. Speaker, I’ve \nbeen very disturbed to hear today that it’s in-appropriate for the National Rifle Association to take a position on this resolution. \nIt should be clear to everyone that as a \nlong-time NRA board member, I take a back seat to no one on Second Amendment issues. On this resolution, I can tell you that it is en-tirely appropriate for the NRA to take a posi-tion. \nWe are here today because Congress has \na duty to hold our government accountable. We have a duty to ensure those in charge protect the public and the Constitution. Con-gress was misled when Administration officials initially briefed the appropriate Congressional committees. The U.S. Attorney General’s of-fice denied knowledge of a gun walking oper-ation after whistleblowers reported troubling al-legations. However, they later admitted certain officials with the Attorney General’s office did have knowledge at the time Congress initially reviewed allegations of gun walking. \nI am deeply troubled by reports the ATF \nforced law abiding gun dealers to do some-thing they knew was wrong—to sell guns to in-dividuals they normally would not sell to. The Administration designed this outrageous pro-gram to reportedly reduce gun violence along our SW border. And an innocent American Border Patrol agent paid the ultimate price for this ill-conceived plan. \nThere are those who believe that there were \nulterior motives at play. We already know about at least three e-mails from ATF officials discussing how they could use information from ‘‘Fast and Furious’’ to make the case for a new gun control proposal—the Obama ad-ministration’s proposal to impose a new—and, I believe, illegal—reporting requirement on dealers who sell multiple long guns to individ-uals in the southwest border states. The ad-ministration has defended that rule in court, and by their logic there’s no reason it couldn’t be expanded to all guns in all states. \nThat would be a system of national gun reg-\nistration. And that makes this a Second Amendment issue. \nWe as elected lawmakers must have all rel-\nevant facts to hold whoever approved Oper-ation Fast and the Furious accountable. I stand with my colleagues here today who be-lieve that the Oversight Committee has been denied all relevant evidence on who approved this terrible operation. The Oversight Commit-tee’s investigation has been thorough. The committee has followed the evidence in pur-suit of the truth, not in pursuit of a political agenda. What brings us here today is the fact that this effort has been stonewalled by this Justice Department and this White House. The American people deserve to know the truth. The family of Border Patrol agent Brian Terry deserves to know the truth. Members of Con-gress deserve to know the truth. Today’s vote will bring us one step closer to learning the truth. \nMr. THORNBERRY. Mr. Speaker, it is unfor-\ntunate that the House must vote on whether to hold the Attorney General in contempt for re-fusing to produce documents in his Depart-ment. The underlying facts are disturbing and tragic, leading to the death of a Border Patrol officer and several hundred people in Mexico. The Attorney General should work with Con-gress to understand what went wrong rather than to withhold information and attempt to \nthwart the investigation. \nThe power of Congress to investigate and \nconduct oversight of federal agencies has been well established throughout our history. The late claim of Executive Privilege made here, on the other hand, is not consistent with precedent or previous court rulings. One can only conclude that the Attorney General, per-haps on the instruction of the President, is try-ing to prevent Congress and the American people from learning the truth. \nMr. HOLT. Mr. Speaker, the resolution be-\nfore us today is an illegitimate, politically moti-vated smear campaign. \nNever in the history of the House has a U.S. \nAttorney General been held in contempt. What makes this resolution particularly outrageous is that there is absolutely no basis for it. \nThe Attorney General has testified repeat-\nedly about Operation Fast & Furious. The Jus-tice Department has turned over thousands of pages of relevant records about this incident. None of that matters to the majority. Neither does the fact that these kinds of operations were undertaken by the Bush administration. And the majority does not want the public to know that not a single witness was allowed to testify before the House Oversight & Govern-ment Reform Committee about past ‘‘gun walking’’ episodes in the Bush administration. That’s why this resolution and the Oversight Committee’s ‘‘hearings’’ into Fast & Furious are not about ‘‘gun walking’’—they are about election year politics. \nRather than dealing with the substantive \nissue of illegal guns and how to reduce violent gun-related crime, today we have a political stunt that does nothing to solve the problem that cost the life of a federal agent. Mr. Speak-er, the public see this for what it is: a politi-cally motivated legislative lynching—and those who support this illegitimate resolution will have to answer for it to the voters. \nMs. RICHARDSON. Mr. Speaker, I rise in \nstrong and unyielding opposition to resolution recommending that the House find Attorney General Eric Holder in contempt of Congress. This unprecedented resolution, which was passed out of committee on a party-line vote, is nothing more than an attempt by the major-ity Republican leadership to divert attention from its failure to address the real challenges facing our country. \nThe hard working and hard pressed people \nof the 37th Congressional District of California did not send me here to waste precious floor time debating this frivolous and partisan reso-\nlution. They want us to work together to create jobs for the unemployed, make education af-fordable, health care available, and protect the social safety net of Medicare, Social Security, Medicaid, and assistance programs to vulner-able families. \nI oppose the resolution before us for several \nreasons: \n1. The resolution relates to a document re-\nquest involving allegations of ‘‘gunwalkng’’ in an ATF operation known as ‘‘Operation Fast and Furious,’’ but the documents now involved are completely unrelated to how ‘‘gunwalking’’ was utilized in the operation. \n2. Over the past year, the Justice Depart-\nment provided thousands of pages of respon-sive documents to the Oversight and Govern-ment Reform Committee and has made doz-ens of officials available for interviews and hearings, and the Attorney General has testi-fied before Congress nine times on this topic. \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00256 Fmt 4634 Sfmt 9920 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4415 June 28, 2012 \n3. The Committee’s investigation identified \nno evidence that the Attorney General or sen-ior Department officials were aware of gunwalking in Fast and Furious. To the con-trary, as soon as the Attorney General be-came aware of the tactic, he put a halt to it, ordered an IG investigation, and instituted in-ternal reform measures. \n4. The House of Representatives has never \nheld an Attorney General in contempt. The only precedent cited in the Issa contempt res-olution is a committee contempt vote that took place in the 1990’s against former Attorney General Janet Reno. That action was so wide-ly discredited that Speaker Gingrich chose not to bring it to the floor for a vote. \n5. During this investigation, the Committee \nrefused every Democratic request for a hear-ing witness, including the head of ATF—the agency that actually ran the operation. This is not the way to conduct an oversight investiga-tion unless you are interested in partisan polit-ical ploys instead of learning the facts. \nMr. Speaker, I must say that am offended \nthat Attorney General Holder, a man of unim-peachable integrity and one who has served this nation with distinction for many years, has been subjected to such demeaning treatment by some in the majority. Even though Attorney General Holder has been forthright and forth-coming, some in this body accuse him of a cover-up or claim he has been obstructive. He has even been called a ‘‘liar’’ on national tele-vision. These unfounded charges are beyond the pale and reflect more on those who have uttered them that they do our Attorney Gen-eral, the honorable Eric Holder. \nI oppose this politically inspired resolution \nand urge my colleagues to join me. \nMr. REYES. Mr. Speaker, I rise today to ex-\npress my opposition to the majority’s decision to force a contempt vote on the floor. I want to mention the following points for the record. \nThere is no evidence that the attorney gen-\neral authorized, condones, or knew about ‘‘gun walking.’’ Chairman D\nARRELL ISSAadmit-\nted this yesterday before the Rules Com-mittee. \nThere is no evidence that the attorney gen-\neral lied to Congress or engaged in a cover- up. Chairman I\nSSA also admitted this yester-\nday. \nThere is no evidence that the White House \nhad anything to do with ‘‘gun walking’’ oper-ations. Chairman I\nSSA admitted this on Fox \nNews on Sunday. \nDemocrats wanted a real investigation, but \nChairman I SSArefused TEN different requests \nfrom Democrats for a hearing with Ken Melson, the former Director of ATF—the agen-cy in charge. \nChairman I\nSSA said this yesterday about \n‘‘gun walking’’ operations under the Bush Ad-ministration: ‘‘They were all flops. They were all failures.’’ Yet, he has refused all Demo-cratic requests to interview Bush Administra-tion officials about their rules. \nDespite finding no evidence that Attorney \nGeneral Holder knew about ‘‘gun walking’’, the Committee has obtained documentary evi-dence showing that former Attorney General Mukasey was personally briefed on botched interdiction efforts during the Bush Administra-tion and he was told that they would be ex-panded during his tenure. Chairman I\nSSAhas \nrefused to call on Mukasey for a hearing. \nRepublicans have not granted a single \nDemocratic witness request during the entire 16 month so-called investigation. This has \nbeen a credible process. \nAs soon as Attorney General Holder learned \nabout ‘‘gun walking’’, he immediately halted it and ordered an IG investigation. \nIn closing Mr. Speaker, I think the worst part \nis that the tragic death of a U.S. Border Patrol agent is being politicized and used as a way to score cheap political points. This is espe-cially disappointing to me. As a former Border Patrol Agent and Sector Chief with 26\n1⁄2years \nof law enforcement experience on the U.S.- Mexico Border, I expect that this body show more respect and more focus. \nInstead of using this tragedy as a political \nploy, this body needs to see this as a learning opportunity and a wake-up call. We must take action and provide ATF with the needed re-sources and tools it needs to tackle the issue of gun trafficking. I hope that this Congress is able to move on to enact the critical reforms needed to more effectively combat this threat—-and I will gladly work with my col-leagues on both sides of the aisle on that par-ticular effort. \nMs. JACKSON LEE of Texas. Mr. Speaker, \nI rise today to oppose H. Res 708, ‘‘Resolution recommending that the House of Representa-tives find Eric H. Holder, Jr., Attorney General, U.S. Department of Justice, in contempt of Congress for refusal to comply with a sub-poena duly issued by the Committee on Over-sight and Government Reform.’’ \nHolding a sitting Attorney General in con-\ntempt would be unprecedented. In our Na-tion’s history the House of Representatives has never held a sitting Attorney General in contempt of Congress. \nIn 1998, the then Chair of the House Over-\nsight Committee led a vote to hold then Attor-ney General Janet Reno in contempt of Con-\ngress. \nAttorney General Reno was also accused of \nwithholding documents; however, the then Speaker of the House Newt Gingrich elected not to bring the Contempt Citation to the Floor. Attorney General Reno and House leadership were able to resolve their difference without holding our Nation’s highest law enforcement officer in contempt. Today’s conflict can also be resolved without holding Attorney General Holder in contempt. \nI firmly believe and I am joined by at least \n65 other colleagues who believe that the Attor-ney General is acting in good faith based upon his actions over the course of the past 15 months. \nThe Attorney General has testified before \nCongress no less than nine times in the last 15 months and has made himself available for meetings with Members of Congress. Further, the Department of Justice has cooperated with Congressional inquiries into this matter and is willing to continue to engage in discussions with Congressional leadership and others. \nAs of today, the Attorney General has pro-\nduced more than 7,600 pages of documents as part of 47 separate productions, including sensitive law enforcement materials related to the pending prosecution of the defendants in the underlying Fast and Furious case. \nAttorney General Holder has consistently \nexpressed his willingness to find a resolution to the issues surrounding the narrow list of documents for which he is being cited. \nHolding the Nation’s top law-enforcement of-\nficer in contempt of Congress would be a drastic, disproportionate action on the part of this body. A contempt citation should be an act of last \nresort, after lengthy preliminary procedures, negotiations, gathering of evidence through other methods, appeals to potential intercessors and intermediaries. \nContempt Citations have been extraor-\ndinarily rare which is evidenced by the fact that the House has declared just four people in contempt over the last three decades. For these reasons and more we request that you elect not to bring the Contempt Citation to the Floor this Thursday. \nMr. Speaker, I delivered a letter to you that \nwas signed by 65 Members of this body stat-ing the same, that this destructive piece of legislation should not be brought to the Floor today. It appears that this is nothing more than destructive election-year politics pure and sim-ple. It is Republicans following through on their threats to use their authority to try to damage this Administration, politically, and this Attorney General, specifically, who has placed an emphasis on enforcing civil rights, voting rights and defending our justice system and the rule of law. \nThis kind of divisive politics hurts Americans \nwho want their leaders focused on fixing real problems they face every day and hurts law enforcement agents who are putting their lives at risk in ongoing investigations that could be compromised by the Committee’s political fish-ing expedition. \nCongress has the answers to its questions \nabout who designed this flawed operation and who authorized it—they just don’t like it so they have ignored the evidence they received last year which shows this was a tactic that was designed and employed in the field and it dates back to the previous Administration. \nThis Attorney General is the one who put a \nstop to the tactic, called for an independent in-vestigation and instituted reforms and per-sonnel changes to ensure it doesn’t happen again. \nThe Department has made extraordinary ef-\nforts to accommodate Congress by turning over almost 8,000 documents—including all the documents that relate to the tactics in this flawed investigation and the other flawed in-vestigations that occurred in Arizona in the previous administration. \nThe Department has even turned over inter-\nnal deliberative material to answer the Com-mittee’s questions and the AG offered to pro-vide additional deliberative documentation to resolve the subpoena, but the Committee re-jected that offer. \nThe documents at issue now are after-the- \nfact—they have nothing to do with the flawed tactics in any of the investigations dating back to the Bush Administration or who designed, approved or employed them. \nThe resolution relates to a document re-\nquest involving allegations of ‘‘gunwalking’’ in an ATF operation known as ‘‘Operation Fast and Furious,’’ which came to light when two weapons involved in the operation were recov-ered at the murder scene of Border Patrol Agent Brian Terry. \nHowever, the documents now at issue are \ncompletely unrelated to how ‘‘gunwalking’’ there is a question about whether gun-waling existed was utilized in the operation. Over the past year, the Justice Department has pro-vided thousands of pages of documents to the Oversight and Government Reform Committee and has made dozens of officials available for interviews and hearings, and the Attorney \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00257 Fmt 4634 Sfmt 9920 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4416 June 28, 2012 \nGeneral has testified before Congress nine \ntimes on this topic. The evidence dem-onstrated that Fast and Furious was in fact the fourth in a series of gunwalking operations run out of the ATF field division in Phoenix over a span of five years beginning in 2006 during the Bush Administration. \nThe investigation identified no evidence that \nthe Attorney General or senior Department of-ficials were aware of gunwalking in Fast and Furious. To the contrary, as soon as the Attor-ney General became aware of the tactic, he put a halt to it, ordered an IG investigation, and instituted internal reform measures. \nThe House of Representatives has never \nheld an Attorney General in contempt. The only precedent cited in the Issa contempt res-olution is a committee contempt vote that took place in the 1990’s held by then-Chairman Dan Burton against former Attorney General Janet Reno. That action became so widely discredited that Speaker Gingrich chose not to bring it to the Floor for a vote. \nThe current contempt debate no longer fo-\ncuses on any documents relating to how gunwalking was initiated and utilized in Oper-ation Fast and Furious. Since Republicans could identify no wrongdoing by the Attorney General, the Committee shifted just last week to focus exclusively on a single letter sent by the Department’s Office of Legislative Affairs to Senator C\nHARLES GRASSLEY on February 4, \n2011, initially denying allegations of gunwalking. The Department has already ac-knowledged that its letter was inaccurate, has withdrawn the letter, and has provided the Committee with more than 1,300 pages of documents relating to how it was drafted. \nThese documents show that Department \nstaffers who drafted the letter did not inten-tionally mislead Congress, but instead relied on inaccurate assurances from ATF leaders and officials in Arizona who ran the operation. Despite these good faith efforts, House Re-publicans chose to move forward with a con-tempt resolution anyway. \nMoving the goalposts again, the Committee \nis now demanding additional internal delibera-tive documents created even after the Grass-ley letter was sent. The Attorney General of-fered to provide them last week in exchange for a good faith commitment to move toward resolution of the contempt fight, but Chairman Issa flatly refused. When it became clear that contempt was inevitable, the Administration asserted executive privilege over this narrow category of deliberative Department docu-ments, while indicating at the same time that it remains willing to continue negotiations. \nThe Issa contempt resolution is nothing \nmore than a politically motivated, election-year ploy. During this investigation, the Committee refused every Democratic request for a hear-ing witness, including the head of ATF—the agency that actually ran the operation. \nChairman I\nSSAhas acknowledged that ‘‘we \ndo go down blind alleys regularly’’ and has made numerous unfounded claims, including accusing the FBI agents of concealing a ‘‘third gun’’ from the scene of Agent Terry’s mur-der—a claim that the FBI quickly dem-onstrated to be completely unfounded. \nMs. M\nCCOLLUM. Mr. Speaker, today the \nHouse is voting on a Republican-Tea Party witch hunt intended to destroy an honorable man’s character. This resolution of contempt targeting Attorney General Eric Holder is a shameful and shameless abuse of power by the majority party. The only reason this un-\nprecedented attack is taking place on the House floor today, against our country’s first African American Attorney General, is be-cause the Tea Party Republican majority is pandering to birthers, NRA members and other extremist obsessed with defeating Presi-dent Obama. \nAttorney General Eric Holder has my full \nsupport and I reject this transparent political abuse of power. \nI am strongly opposed to the House Repub-\nlican resolution to hold Attorney General Eric Holder in contempt of Congress for failing to turn over documents pertaining to sensitive and on-going law enforcement activities to the House Oversight and Government Reform Committee. \nThe committee request is for documents re-\nlated to Operation Fast and Furious, con-ducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), which al-lowed the straw purchase of firearms in pur-suit of prosecutions of gun smugglers. Two of the illegally purchased AK–47 assault weap-ons were found at the scene of a gun battle that resulted in the killing of U.S. Border Patrol agent Brian Terry on December 15, 2010. In his effort to cooperate with Chairman D\nARRELL \nISSA, Attorney General Holder has provided \nthe Oversight Committee with more than 7,600 pages of documents and participated in nine congressional hearings. \nIn 2006, under the Bush Administration, the \nATF’s Arizona office used the tactic of ‘‘gun walking’’ to allow guns to remain on the street after a potentially illegal sale to build a bigger case rather than interdicting them immediately. President Bush’s attorney general, Michael Mukasey, received a briefing paper on No-vember 16, 2007 on ATF cooperation with Mexico on ‘‘controlled deliveries’’ of weapons smuggling. The House Oversight Committee has failed to call any Bush Administration offi-cials to testify on this matter. \nThis week, in Politico, a senior Republican \nHouse aide is quoted as saying, ‘‘The con-tempt of Holder is a dog whistle to the right- wing tea party community, saying that we are representing them . . . this is a way to say we’re going after this administration, holding them accountable.’’ \nFurther proof of the blatantly political nature \nof the Holder contempt vote is the decision by the National Rifle Association (NRA) to ‘‘score’’ the vote as part of their legislative re-port card to their membership. The NRA has long championed allowing the proliferation of assault weapons previously banned on Amer-ican streets and sold over the counter, like the AK–47s found at Agent Terry’s murder scene. \nThis entire episode is a stain on the reputa-\ntion of this Republican led House of Rep-resentatives. It is appalling to know that the politics of personal destruction is the top policy priority of this Tea Party controlled House. \nAgain, I want to state my strong support for \nAttorney General Holder and the Obama Ad-ministration’s efforts to cooperate with this on- going congressional investigation. \nThe SPEAKER pro tempore. All time \nfor debate on the motion to refer has expired. \nPursuant to House Resolution 708, \nthe previous question is ordered on the motion to refer. \nThe question is on the motion to \nrefer. The question was taken; and the \nSpeaker pro tempore announced that the noes appeared to have it. \nMr. DINGELL. Mr. Speaker, on that I \ndemand the yeas and nays. \nThe yeas and nays were ordered. The SPEAKER pro tempore. Pursu-\nant to clause 9 of rule XX and House Resolution 708, this 15-minute vote on the motion to refer will be followed by 5-minute votes on a motion to recom-mit, if offered; adoption of the resolu-tion, if ordered; motion to suspend on H.R. 1447, if ordered; and motion to sus-pend on H.R. 3173, if ordered. \nThe vote was taken by electronic de-\nvice, and there were—yeas 172, nays 251, not voting 9, as follows: \n[Roll No. 440] \nYEAS—172 \nAckerman \nAndrews Baca Baldwin Barber Bass (CA) Becerra Berkley Berman Bishop (GA) Bishop (NY) Blumenauer Bonamici Boswell Brady (PA) Braley (IA) Brown (FL) Butterfield Capps Capuano Carnahan Carney Carson (IN) Castor (FL) Chu Cicilline Clarke (MI) Clarke (NY) Clay Cleaver Clyburn Cohen Connolly (VA) Conyers Cooper Costa Costello Courtney Critz Crowley Cuellar Cummings Davis (CA) Davis (IL) DeFazio DeGette DeLauro Deutch Dicks Dingell Doggett Doyle Edwards Ellison Engel Eshoo Farr Fattah Filner Frank (MA) \nFudge Garamendi Gonzalez Green, Al Green, Gene Grijalva Gutierrez Hahn Hanabusa Hastings (FL) Heinrich Higgins Himes Hinchey Hinojosa Hirono Holden Holt Honda Hoyer Israel Jackson Lee \n(TX) \nJohnson (GA) Kaptur Keating Kildee Kind Kucinich Langevin Larsen (WA) Larson (CT) Lee (CA) Levin Lewis (GA) Lipinski Loebsack Lofgren, Zoe Lowey Luja´n \nLynch Maloney Markey Matsui McCarthy (NY) McCollum McDermott McGovern McNerney Meeks Michaud Miller (NC) Miller, George Moore Moran Murphy (CT) Nadler Neal Olver \nPallone Pascrell Pastor (AZ) Pelosi Perlmutter Peters Pingree (ME) Polis Price (NC) Quigley Rangel Reyes Richardson Richmond Rothman (NJ) Roybal-Allard Ruppersberger Rush Sa´nchez, Linda \nT. \nSanchez, Loretta Sarbanes Schakowsky Schiff Schrader Schwartz Scott (VA) Scott, David Serrano Sewell Sherman Shuler Sires \nSlaughter Smith (WA) Speier Stark Sutton Thompson (CA) Thompson (MS) Tierney Tonko Towns Tsongas Van Hollen Vela´zquez \nVisclosky Wasserman \nSchultz \nWaters Watt Waxman Welch Wilson (FL) Woolsey Yarmuth \nNAYS—251 \nAdams \nAderholt Akin Alexander Altmire Amash Amodei Austria Bachmann Bachus Barletta Barrow Bartlett \nBarton (TX) Bass (NH) Benishek Berg Biggert Bilbray Bilirakis Black Blackburn Bonner Bono Mack Boren \nBoustany Brady (TX) Brooks Broun (GA) Buchanan Bucshon Buerkle Burgess Burton (IN) Calvert Camp \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00258 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4417 June 28, 2012 \nCampbell \nCanseco Cantor Capito Carter Cassidy Chabot Chaffetz Chandler Coble Coffman (CO) Cole Conaway Cravaack Crawford Crenshaw Culberson Davis (KY) Denham Dent DesJarlais Diaz-Balart Dold Donnelly (IN) Dreier Duffy Duncan (SC) Duncan (TN) Ellmers Emerson Farenthold Fincher Fitzpatrick Flake Fleischmann Fleming Flores Forbes Fortenberry Foxx Franks (AZ) Frelinghuysen Gallegly Gardner Garrett Gerlach Gibbs Gibson Gingrey (GA) Gohmert Goodlatte Gosar Gowdy Granger Graves (GA) Graves (MO) Griffin (AR) Griffith (VA) Grimm Guinta Guthrie Hall Hanna Harper Harris Hartzler Hastings (WA) Heck Hensarling Herger Herrera Beutler Hochul Huelskamp Huizenga (MI) \nHultgren Hunter Hurt Issa Jenkins Johnson (IL) Johnson (OH) Johnson, Sam Jones Jordan Kelly King (IA) King (NY) Kingston Kinzinger (IL) Kissell Kline Labrador Lamborn Lance Landry Lankford Latham LaTourette Latta LoBiondo Long Lucas Luetkemeyer Lummis Lungren, Daniel \nE. \nMack Manzullo Marchant Marino Matheson McCarthy (CA) McCaul McClintock McCotter McHenry McIntyre McKeon McKinley McMorris \nRodgers \nMeehan Mica Miller (FL) Miller (MI) Miller, Gary Mulvaney Murphy (PA) Myrick Neugebauer Noem Nugent Nunes Nunnelee Olson Owens Palazzo Paul Paulsen Pearce Pence Peterson Petri Pitts Platts Poe (TX) Pompeo \nPosey Price (GA) Quayle Rahall Reed Rehberg Reichert Renacci Ribble Rigell Rivera Roby Roe (TN) Rogers (AL) Rogers (KY) Rogers (MI) Rohrabacher Rokita Rooney Ros-Lehtinen Roskam Ross (AR) Ross (FL) Royce Runyan Ryan (WI) Scalise Schilling Schmidt Schock Schweikert Scott (SC) Scott, Austin Sensenbrenner Sessions Shimkus Shuster Simpson Smith (NE) Smith (NJ) Smith (TX) Southerland Stearns Stivers Sullivan Terry Thompson (PA) Thornberry Tiberi Tipton Turner (NY) Turner (OH) Upton Walberg Walden Walsh (IL) Walz (MN) Webster West Westmoreland Whitfield Wilson (SC) Wittman Wolf Womack Woodall Yoder Young (AK) Young (FL) Young (IN) \nNOT VOTING—9 \nBishop (UT) \nCardoza Hayworth Jackson (IL) \nJohnson, E. B. Lewis (CA) Napolitano \nRyan (OH) Stutzman \nb1630 \nMessrs. THOMPSON of Pennsylvania, \nWALDEN, Ms. JENKINS, Mrs. ROBY, Messrs. MURPHY of Pennsylvania, SCALISE, KINGSTON, and HALL changed their vote from ‘‘yea’’ to ‘‘nay.’’ \nMr. RICHMOND and Ms. LORETTA \nSANCHEZ of California changed their vote from ‘‘nay’’ to ‘‘yea.’’ \nSo the motion to refer was rejected. The result of the vote was announced \nas above recorded. \nThe SPEAKER pro tempore. The \nquestion is on the resolution. The question was taken; and the \nSpeaker pro tempore announced that the ayes appeared to have it. \nRECORDED VOTE \nMr. GRIMM. Mr. Speaker, I demand a \nrecorded vote. \nA recorded vote was ordered. The SPEAKER pro tempore. This is a \n5-minute vote. \nThe vote was taken by electronic de-\nvice, and there were—ayes 255, noes 67, answered ‘‘present’’ 1, not voting 109, as follows: \n[Roll No. 441] \nAYES—255 \nAdams \nAderholt Akin Alexander Altmire Amash Amodei Austria Bachmann Bachus Barletta Barrow Bartlett Barton (TX) Bass (NH) Benishek Berg Biggert Bilbray Bilirakis Bishop (UT) Black Blackburn Bonner Bono Mack Boren Boswell Boustany Brady (TX) Brooks Broun (GA) Buchanan Bucshon Buerkle Burgess Burton (IN) Calvert Camp Campbell Canseco Cantor Capito Carter Cassidy Chabot Chaffetz Chandler Coble Coffman (CO) Cole Conaway Cravaack Crawford Crenshaw Critz Culberson Davis (KY) Denham Dent DesJarlais Diaz-Balart Dold Donnelly (IN) Dreier Duffy Duncan (SC) Duncan (TN) Ellmers Emerson Farenthold Fincher Fitzpatrick Flake Fleischmann Fleming Flores Forbes Fortenberry Foxx \nFranks (AZ) Frelinghuysen Gallegly Gardner Garrett Gerlach Gibbs Gibson Gingrey (GA) Gohmert Goodlatte Gosar Gowdy Granger Graves (GA) Graves (MO) Griffin (AR) Griffith (VA) Grimm Guinta Guthrie Hall Hanna Harper Harris Hartzler Hastings (WA) Hayworth Heck Hensarling Herger Herrera Beutler Hochul Huelskamp Huizenga (MI) Hultgren Hunter Hurt Issa Jenkins Johnson (IL) Johnson (OH) Johnson, Sam Jones Jordan Kelly Kind King (IA) King (NY) Kingston Kinzinger (IL) Kissell Kline Labrador Lamborn Lance Landry Lankford Latham Latta LoBiondo Long Lucas Luetkemeyer Lummis Lungren, Daniel \nE. \nMack Manzullo Marchant Marino Matheson McCarthy (CA) McCaul McClintock McCotter McHenry McIntyre \nMcKeon McKinley McMorris \nRodgers \nMeehan Mica Miller (FL) Miller (MI) Miller, Gary Mulvaney Murphy (PA) Myrick Neugebauer Noem Nugent Nunes Nunnelee Olson Owens Palazzo Paul Paulsen Pearce Pence Peterson Petri Pitts Platts Poe (TX) Pompeo Posey Price (GA) Quayle Rahall Reed Rehberg Reichert Renacci Ribble Rivera Roby Roe (TN) Rogers (AL) Rogers (KY) Rogers (MI) Rohrabacher Rokita Rooney Ros-Lehtinen Roskam Ross (AR) Ross (FL) Royce Runyan Ryan (WI) Scalise Schilling Schmidt Schock Schweikert Scott (SC) Scott, Austin Sensenbrenner Sessions Shimkus Shuster Simpson Smith (NE) Smith (NJ) Smith (TX) Southerland Stearns Stivers Stutzman Sullivan Terry Thompson (PA) Thornberry \nTiberi Tipton Turner (NY) Turner (OH) Upton Walberg Walden Walsh (IL) \nWalz (MN) Webster West Westmoreland Whitfield Wilson (SC) Wittman Wolf \nWomack Woodall Yoder Young (AK) Young (FL) Young (IN) \nNOES—67 \nBaldwin \nBarber Berkley Berman Bishop (NY) Blumenauer Bonamici Braley (IA) Capps Cohen Connolly (VA) Cooper Costello Courtney Cuellar DeFazio DeLauro Deutch Dicks Dingell Doggett Eshoo Farr Green, Gene \nHeinrich Higgins Himes Hirono Holden Holt Langevin Larsen (WA) LaTourette Loebsack Lofgren, Zoe Luja´n \nLynch McDermott McNerney Michaud Miller (NC) Miller, George Moran Murphy (CT) Nadler Pastor (AZ) Perlmutter \nQuigley Rigell Rothman (NJ) Ryan (OH) Sanchez, Loretta Schrader Schwartz Sherman Shuler Slaughter \nSmith (WA) Speier Sutton Thompson (CA) Tierney Tsongas Visclosky Wasserman \nSchultz \nWaxman Welch \nANSWERED ‘‘PRESENT’’—1 \nLipinski \nNOT VOTING—109 \nAckerman \nAndrews Baca Bass (CA) Becerra Bishop (GA) Brady (PA) Brown (FL) Butterfield Capuano Cardoza Carnahan Carney Carson (IN) Castor (FL) Chu Cicilline Clarke (MI) Clarke (NY) Clay Cleaver Clyburn Conyers Costa Crowley Cummings Davis (CA) Davis (IL) DeGette Doyle Edwards Ellison Engel Fattah Filner Frank (MA) Fudge Garamendi \nGonzalez Green, Al Grijalva Gutierrez Hahn Hanabusa Hastings (FL) Hinchey Hinojosa Honda Hoyer Israel Jackson (IL) Jackson Lee \n(TX) \nJohnson (GA) Johnson, E. B. Kaptur Keating Kildee Kucinich Larson (CT) Lee (CA) Levin Lewis (CA) Lewis (GA) Lowey Maloney Markey Matsui McCarthy (NY) McCollum McGovern Meeks Moore Napolitano Neal \nOlver Pallone Pascrell Pelosi Peters Pingree (ME) Polis Price (NC) Rangel Reyes Richardson Richmond Roybal-Allard Ruppersberger Rush Sa´nchez, Linda \nT. \nSarbanes Schakowsky Schiff Scott (VA) Scott, David Serrano Sewell Sires Stark Thompson (MS) Tonko Towns Van Hollen Vela´zquez \nWaters Watt Wilson (FL) Woolsey Yarmuth \nANNOUNCEMENT BY THE SPEAKER PRO TEMPORE \nThe SPEAKER pro tempore (during \nthe vote). There are 2 minutes remain-ing. \nb1639 \nMr. L\nATOURETTE changed his vote \nfrom ‘‘aye’’ to ‘‘no.’’ \nSo the resolution was agreed to. The result of the vote was announced \nas above recorded. \nA motion to reconsider was laid on \nthe table. \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00259 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4418 June 28, 2012 \nAUTHORIZING COMMITTEE ON \nOVERSIGHT AND GOVERNMENT REFORM TO INITIATE OR INTER-VENE IN JUDICIAL PROCEEDINGS TO ENFORCE CERTAIN SUB-POENAS \nMr. ISSA. Mr. Speaker, pursuant to \nHouse Resolution 708, I call up the res-olution (H. Res. 706) authorizing the Committee on Oversight and Govern-ment Reform to initiate or intervene in judicial proceedings to enforce certain subpoenas. \nThe Clerk read the title of the resolu-\ntion. \nThe SPEAKER pro tempore (Mr. \nB\nASSof New Hampshire). Pursuant to \nHouse Resolution 708, the resolution is considered read. \nThe text of the resolution is as fol-\nlows: \nH. R ES. 706 \nResolved, That the Chairman of the Com-\nmittee on Oversight and Government Reform is authorized to initiate or intervene in judi-cial proceedings in any Federal court of com-petent jurisdiction, on behalf of the Com-mittee on Oversight and Government Re-form, to seek declaratory judgments affirm-ing the duty of Eric H. Holder, Jr., Attorney General, U.S. Department of Justice, to com-ply with any subpoena that is a subject of the resolution accompanying House Report 112–546 issued to him by the Committee as part of its investigation into the United States Department of Justice operation known as ‘‘Fast and Furious’’ and related matters, and to seek appropriate ancillary relief, including injunctive relief. \nS\nEC. 2. The Committee on Oversight and \nGovernment Reform shall report as soon as practicable to the House with respect to any judicial proceedings which it initiates or in which it intervenes pursuant to this resolu-tion. \nS\nEC. 3. The Office of General Counsel of the \nHouse of Representatives shall, at the au-thorization of the Speaker, represent the Committee on Oversight and Government Reform in any litigation pursuant to this resolution. In giving that authorization, the Speaker shall consult with the Bipartisan Legal Advisory Group established pursuant to clause 8 of rule II. \nThe SPEAKER pro tempore. The gen-\ntleman from California (Mr. I SSA) and \nthe gentleman from Maryland (Mr. C\nUMMINGS ) each will control 10 min-\nutes. \nThe Chair recognizes the gentleman \nfrom California. \nMr. ISSA. Mr. Speaker, I yield 3 min-\nutes to the gentleman from California (Mr. L\nUNGREN ). \nMr. DANIEL E. LUNGREN of Cali-\nfornia. Mr. Speaker, we’ve just had a very important vote and some would ask what this second vote is about. \nThis second vote is a simple author-\nization for the committee involved to be able to essentially hire counsel that would allow us to go into court to seek a declaratory judgment by the Federal court to enforce the subpoenas that have been presented by this committee to the Attorney General of the United States. It’s a simple, straightforward resolution. \nWhy is it important? One of our obli-\ngations under the Constitution is to provide oversight of the executive branch. There are those in this body \nwho have been here and engaged in de-bate with respect to important items such as the PATRIOT Act and FISA. One of the things that we’ve attempted to assure our constituents was that we would ensure that the constitutional rights of Americans would not be tram-pled upon as we carry out the appro-priate responsibility of protecting this country and our constituents against terrorist attack. That requires us to provide active oversight over the exec-utive branch. \nSimilarly, in this case, we have an \nobligation to stand in the shoes of those we represent, to oversee the oper-ations of the executive branch—in this case, the Department of Justice—to en-sure that they are following the law. \nb1650 \nOne manner in which that can be \nfrustrated is by a department—in this case, the Department of Justice—that refuses to respond to lawful subpoenas and give us the information so that we can do that oversight. That is what we were talking about. \nThis Congress, this House of Rep-\nresentatives, was misled. I don’t know whether it was intentional or not. I do know we were misled by a representa-tion from the Justice Department in an official response to an inquiry by the Congress of the United States. That was not corrected for 10 months. \nYou can look at it a couple of ways. \nOne is that there was an attempt to slow-walk the Congress so that it could not carry out its constitutional respon-sibility. There is a lot of talk on this floor by both Democrats and Repub-licans as to how we have an obligation to oversee the executive branch. In fact, one of the genius points of our Founding Fathers’ Constitution is that \nconflict between or among the three branches of government, that natural tension. But that natural tension can-not exist and we cannot do that which we are called upon under the Constitu-tion to do faithfully if we are denied in-formation to oversee the operations of the Department of Justice. \nThe SPEAKER pro tempore. The \ntime of the gentleman has expired. \nMr. ISSA. I yield the gentleman an \nadditional 30 seconds. \nMr. DANIEL E. LUNGREN of Cali-\nfornia. So all we are doing simply is asking for the authorization so that this committee can have the represen-tation of counsel to see that these sub-poenas are carried out. Since we have been given every sense from the Jus-tice Department that it would be folly, in a sense, to suggest that they would carry out the actions that we just voted upon against the Attorney Gen-eral, this is the method by which we can achieve that which we are required to do; that is, to carry out oversight re-sponsibility against the executive de-partment, including the Department of Justice. \nMr. CUMMINGS. I yield 2 minutes to \nthe gentlelady from the District of Co-lumbia (Ms. N\nORTON ). Ms. NORTON. I thank the gentleman \nfor yielding. \nI have come back from walking out \nof this proceeding to address the seri-ous, baseless charge of a coverup. No one in the majority has been able to charge that the Attorney General or his top lieutenants knew about the gunwalking initiated in the Bush ad-ministration because there is no evi-dence of that after 16 months of inves-tigation. \nThis contempt resolution stems from \na letter from the Justice Department correcting the record resulting from a prior letter written in the Legislative Affairs section of the Justice Depart-ment that there was no gunwalking. That letter relied on statements of ATF officials and Justice Department officials who this Justice Department then fired and did its own investiga-tion. So what you have is contempt for correcting the record. \nWhat the Justice Department did was \nthe opposite of a coverup. But it is al-leged that if the Department has noth-ing to hide, it would simply turn over everything in its possession. The other side has gone so far as to say that when the President invoked executive privi-lege, he too was implicated in a cover-up. But the Supreme Court itself has said that while the privilege is not ab-solute—and here I am quoting—human experience teaches us that those who expect public dissemination of their re-marks may well temper candor with concerns for appearances. Thus, Presi-dents have repeatedly asserted execu-tive privilege to protect confidential executive branch deliberative mate-rials from congressional subpoena. \nThe SPEAKER pro tempore. The \ntime of the gentlewoman has expired. \nMr. CUMMINGS. I yield the gentle-\nlady 30 additional seconds. \nMs. NORTON. The last leg of today’s \nweak reed of contempt is the claim \nthat the President asserted executive privilege too late. Why not from the beginning? \nThe President, like every President \nbefore him, did not assert the privilege until negotiations broke down. But the committee proceeded without even ex-amining the basis for the privilege, as prior Chairs of our committee have done. A coverup is the most irrespon-sible allegation of this debate because no evidence of a coverup has been sub-mitted. \nThis subpoena is so partisan and po-\nlitical that I expect any court to do just what our committee should have done—compel the parties to sit down and negotiate. \nMr. ISSA. Mr. Speaker, it’s amazing \nthat people would say there’s no evi-dence of a coverup when somebody says, No, we didn’t do what we did, and then hides it for an additional 10 months. By any normal American standard, that would be a coverup. \nWith that, I yield 2 minutes to the \ngentleman from Texas (Mr. F\nARENTHOLD ). \nMr. FARENTHOLD. I thank the chair \nfor yielding. \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00260 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4419 June 28, 2012 \nI rise today in support of the motion \nfor civil contempt so we can get an at-torney to proceed. \nNormally under contempt, what hap-\npens is, we vote, like we just did, to hold someone in contempt, and it’s turned over to the Department of Jus-tice—in fact, the U.S. attorney for the District of Columbia—to pursue in dis-trict court. Unfortunately, the U.S. at-torney is an employee and reports to the Attorney General, who was just found in contempt. And I am concerned that past history of stonewalling delays that are associated with getting us information and cooperating with us on Fast and Furious will continue and, in fact, there will be no prosecution of the contempt resolution we just voted out. So it is absolutely critical that the committee be given the authority to pursue this on their own if the Jus-tice Department is not responsive. \nI, therefore, urge all of my colleagues \nto join me in support of this civil con-tempt resolution. \nMr. CUMMINGS. I yield 2 minutes to \nthe gentleman from Virginia (Mr. S\nCOTT). \nMr. SCOTT of Virginia. I thank the \ngentleman for yielding. \nThe contempt citation pending \nagainst Attorney General Holder is un-founded, unfair, and unwise. All of this involves questions about gunwalking. And we know that the Attorney Gen-eral has handed over thousands of doc-uments in response to multiple sub-poenas. So we know that the gunwalking policy began under the Bush administration. We know that President Bush’s Attorney General, Mi-chael Mukasey, was briefed on the pol-icy, and it continued. We know that when Attorney General Holder found out about it, he shut the program down and called for an investigation. \nIf we want to know why the policy \nstarted, we should ask officials who served when it started during the Bush administration. If we want to know what Attorney General Holder knew about Fast and Furious, we should call the former Acting Director of the ATF, Ken Melson, who is on the record as saying that he would have been the one to have informed the Attorney Gen-eral, but even he didn’t know about Fast and Furious. But unfortunately, requests from the Democratic members of the House Committee on Oversight and Government Reform to call these witnesses have been rejected. \nAt this point, there has been no ar-\nticulation of any useful information about the origins of gunwalking in Fast and Furious or the death of Agent Brian Terry that can be learned from the narrow set of documents still at issue, nor has there been any articula-tion of any legitimate legislative pur-pose that can be achieved. And, in fact, Chairman I\nSSA has silenced whistle-\nblowers who testified about legislation to strengthen law enforcement tools on our southwestern boarder. \nIf the Speaker now insists on holding \nAttorney General Holder in contempt for failing to respond to more sub-\npoenas, the Speaker should articulate with clarity what general purpose will be served by the response. If nothing legitimately useful is to be learned nor any legislative purpose is to be achieved with continued responses to these subpoenas, then it is time for the Attorney General to get back to work, \nalong with the Members of the House. \nMr. ISSA. Mr. Speaker, I’m not sure \nif I heard the gentleman right when he said that I ‘‘silenced whistleblowers’’ in order to keep them from talking about gun control. \nIs the gentleman disparaging and \nfalsely claiming that I did something that I know for a fact I did not? \nMr. CUMMINGS. Will the gentleman \nyield? \nMr. ISSA. Of course. Mr. CUMMINGS. I will tell you what \nyou did. When you called the whistle-blowers in, and the whistleblowers, who are ATF agents, and you know this— \nMr. ISSA. Reclaiming my time, it’s \npretty clear you are disparaging me, and you are disparaging me by making a claim that’s untrue. \nThe bottom line is, in committee, \nwitnesses were told that they need not answer questions that were not the subject of the hearing and, in fact, those witnesses were allowed and did answer questions by the minority hav-ing to do with gun control, an issue they prefer to talk about rather than the cause of Brian Terry’s death. \nWith that, I yield 2 minutes to the \ngentleman from Texas (Mr. M\nCCAUL). \nb1700 \nMr. M CCAUL. Mr. Speaker, as a \nformer Federal prosecutor at the De-partment of Justice, I do not take these proceedings lightly. Above all, those at the Department cherish their integrity. Mr. Speaker, that integrity has now been impugned. \nThis is not about politics. It’s about \npursuit of the truth and justice. The definition of contempt is the willful disobedience to or open disrespect for the rules or orders of a court or legisla-tive body. This definition falls squarely within the facts here. \nWhen insiders revealed the govern-\nment’s role in Operation Fast and Furi-ous, the Department of Justice falsely told Congress that whistleblowers weren’t telling the truth. As Congress fulfilled its oversight obligations and tried to get to the bottom of how guns were put in the hands of Mexican drug cartels, ultimately killing Border Pa-trol Brian Terry, this administration refused to turn over crucial documents that would shed light on this. Instead, they asserted executive privilege at the eleventh hour, calling into question the validity of the privilege itself and at the same time demonstrating that communications were held at the high-est levels in the government. In fact, the wiretaps, we all know, are approved at Main Justice. \nMr. Speaker, this Attorney General \nneeds to be held accountable. The Terry family, the families of the Mexi-\ncan people who have been slain, and the American people deserve no less. \nMr. CUMMINGS. I yield 2 minutes to \nthe gentleman from Texas (Mr. R\nEYES ). \nMr. REYES. It is indeed a sad day \ntoday. As an officer that spent 261⁄2 \nyears wearing the United States Border Patrol uniform, it is regrettable for me today that we’re here under these cir-cumstances. \nI want to acknowledge and thank the \nchairman and the ranking member for inviting me to go with them to Mexico City and visit at the U.S. Embassy about the circumstances around what led to the investigation of Fast and Fu-rious. And to me, it’s regrettable be-cause we are here discussing the death of a Border Patrol agent. I went to the memorial service for Agent Brian Terry. I visited with his mom and his family that day. I went there because as a former Border Patrol agent I wanted to express sympathy and sup-port, as I did so many times as a chief for agents that were killed in the line of duty. \nSo for me, it is particularly troubling \nthat we’re here politicizing the death of a United States Border Patrol agent. We ought to be about getting to the circumstances of the investigation led under a U.S. Attorney under OCDETF. Both the ranking member and the chairman know that that was the con-trolling entity in this case. \nI don’t know except to say that it’s \npure basic politics that we’ve now spun this up to the level of the Attorney General. Having had the experience to supervise my agents that were part of OCDETF investigations and having had a number of conversations with my friends on the other side of the aisle who were experienced prosecutors, ev-erybody here that has that experience knows that those controls don’t go up \nto the level of the Attorney General. \nThe SPEAKER pro tempore. The \ntime of the gentleman has expired. \nMr. CUMMINGS. I yield the gen-\ntleman an additional 30 seconds. \nMr. REYES. So we’re here taking a \nlot of time when we should be dis-cussing things that are a priority to the American people. We’re here under the worst of circumstances for the Terry family, which all they want is closure on the death of a son, on the death of a patriotic American citizen, and spinning it in a political sense. \nI really think that this is a sad day \nfor this House of Representatives, and we ought to do better for the American people. \nMr. ISSA. I yield 1 minute to the \ngentleman from Idaho (Mr. L\nABRADOR ). \nMr. LABRADOR. Mr. Speaker, once \nagain I sit here and I’m amazed by the language that is being used. We’ve had numerous hearings. We’ve had numer-ous investigations. We’ve had a lot of people come before Congress and give us false information. And the reality is that I hear again and again from the other side that there is no evidence of coverup; there is no evidence of cover-up. \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00261 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4420 June 28, 2012 \nBut the reality is that we have only \nreceived 5 percent of the documents that we have requested. There is no way for us to know exactly what hap-pened, who knew, and what did they know, unless we receive all of the docu-ments. All we’re asking the Attorney General to do is to provide the docu-ments that we have requested. We wouldn’t be standing here holding these contempt proceedings if he had given us the documents. And that’s why I ask everybody in this body to ac-tually vote for contempt. \nMr. CUMMINGS. May I inquire as to \nhow much time is left. \nThe SPEAKER pro tempore. The gen-\ntleman from Maryland has 3 minutes remaining, and the gentleman from California has 1\n3⁄4minutes remaining. \nMr. CUMMINGS. I reserve the bal-\nance of my time. \nMr. ISSA. Reserving the right to \nclose, I have no further requests for time. \nMr. CUMMINGS. Mr. Speaker, it’s in-\nteresting here today, what we just did with regard to the criminal contempt. I do believe that it is very unfortunate, and let me tell you why. We have an Attorney General who is indeed an honorable man. We who practice law look up to the Attorney General and any U.S. Attorney. They are folks like us who are well educated and who love their country. And Eric Holder, Jr., is no exception. \nOver and over again, he has tried to \ncooperate with this committee. And I’m sure that both sides—his side and our side—have become a little frus-trated at times. But as he said in a meeting a couple of weeks ago, he said that he’s willing to give the docu-ments, but he was asking that at some point his attorneys have an oppor-tunity to get back to work. \nNow, Leader P\nELOSI said something a \nmoment ago that we should not lose sight of, Mr. Speaker, when she spoke about the Constitution and that it re-quires Congress and the executive branch to avoid unnecessary conflicts and to seek accommodations that serve both of their interests. In the words of Attorney General William French Smith, under President Reagan: \nIt is the obligation of each branch to make \na principled effort to acknowledge and, if \npossible, to meet the legitimate needs of the other branch. \nI believe that this Attorney General \nhas bent over backwards trying to ac-commodate us, trying to provide the information, but at the same time, as he has said to us many times, to pro-tect the institution of the Attorney General of the United States. And when I say protect the institution, I mean protect the institution, the same types of things that have assertions of executive privilege, making sure that wiretap applications are not made pub-lic, making sure that confidential in-formants are not disclosed, making sure that ongoing investigations are not interfered with. \nAnd I’m not sure, but there may be \nsomething that happened—we’re not sure; we’re checking on it—happened in \nthis House already today, something that may have interfered with the trial already. \nSo as I close, I would submit that he \nhas done the very best that he could, and now we need to meet him halfway. \nI yield back the balance of my time. Mr. ISSA. Mr. Speaker, I yield myself \nsuch time as I may consume. \nThe SPEAKER pro tempore. The gen-\ntleman from California is recognized for 1\n3⁄4minutes. \nMr. ISSA. Thank you, Mr. Speaker. It’s been a long day for America, but \nit’s been a longer day for the Terry family. I’m going to urge everyone to vote for the ability to hire counsel, and that’s what the last vote is, and I be-lieve it will pass overwhelmingly. \nBut I’m going to use this time to \npledge to the America people, to pledge to the Terry family, and to pledge to my colleagues: this investigation has in fact been brought to a halt in one area—and the area is the Attorney General’s flat refusal to any longer co-operate with this committee. \nb1710 \nBut it doesn’t change the fact that in \nthe days and weeks to come, we will use what we can in the way of other tools, including some of the individuals that the minority has talked about today, to glean additional information, to find ways to prove accountability for the many people that had to be in-volved in this OCDETF operation in order for those guns to walk. We will continue to do that. We will try to find the truth. \nHopefully in the weeks to come, we \nalso will begin getting cooperation from the administration again. But if we don’t, I will tell the ranking mem-ber here today, it has always been my intention to look backwards to pre-vious gunwalking programs that we be-lieve were certainly poorly designed and resulted in weapons getting out of the hands of lawful people and into the hands of criminal elements. That’s not going to change. It’s not going to change because it’s our obligation to investigate and because this one we cannot let loose until the Terry family has been kept a promise that the rank-ing member and I both made. \nSo I take the ranking member at his \nword today that, in fact, he will not rest until we get some answers, and I commit the same that I will not, and I urge the passage of this resolution. \nI yield back the balance of my time. The SPEAKER pro tempore. All time \nfor debate has expired. \nPursuant to House Resolution 708, \nthe previous question is ordered on the resolution. \nThe question is on the resolution. \nThe question was taken; and the \nSpeaker pro tempore announced that the ayes appeared to have it. \nMr. CUMMINGS. Mr. Speaker, on \nthat I demand the yeas and nays. \nThe yeas and nays were ordered. The vote was taken by electronic de-\nvice, and there were—yeas 258, nays 95, answered ‘‘present’’ 5, not voting 74, as \nfollows: \n[Roll No. 442] \nYEAS—258 \nAdams \nAderholt Akin Alexander Altmire Amash Amodei Austria Bachmann Bachus Barber Barletta Barrow Bartlett Barton (TX) Bass (NH) Benishek Berg Biggert Bilbray Bilirakis Bishop (UT) Black Blackburn Bonner Bono Mack Boren Boswell Boustany Brady (TX) Brooks Broun (GA) Buchanan Bucshon Buerkle Burgess Burton (IN) Calvert Camp Campbell Canseco Cantor Capito Carter Cassidy Chabot Chaffetz Chandler Coble Coffman (CO) Cole Conaway Cravaack Crawford Crenshaw Critz Culberson Davis (KY) DeFazio Denham Dent DesJarlais Diaz-Balart Dold Donnelly (IN) Dreier Duffy Duncan (SC) Duncan (TN) Ellmers Emerson Farenthold Fincher Fitzpatrick Flake Fleischmann Fleming Flores Forbes Foxx Franks (AZ) Frelinghuysen Gallegly Gardner Garrett Gerlach Gibbs Gibson \nGingrey (GA) Gohmert Goodlatte Gosar Gowdy Granger Graves (GA) Graves (MO) Griffin (AR) Griffith (VA) Grimm Guinta Guthrie Hall Hanna Harper Hastings (WA) Hayworth Heck Hensarling Herger Herrera Beutler Hochul Huelskamp Huizenga (MI) Hultgren Hunter Hurt Issa Jenkins Johnson (IL) Johnson (OH) Johnson, Sam Jones Jordan Kelly Kind King (IA) King (NY) Kingston Kinzinger (IL) Kissell Kline Labrador Lamborn Lance Landry Lankford Latham LaTourette Latta LoBiondo Long Lucas Luetkemeyer Lummis Lungren, Daniel \nE. \nMack Manzullo Marchant Marino Matheson McCarthy (CA) McCaul McClintock McCotter McHenry McIntyre McKeon McKinley McMorris \nRodgers \nMeehan Mica Michaud Miller (FL) Miller (MI) Miller (NC) Miller, Gary Mulvaney Murphy (PA) Myrick Neugebauer Noem Nugent Nunes \nNunnelee Olson Owens Palazzo Paul Paulsen Pearce Pence Peterson Petri Pitts Platts Poe (TX) Pompeo Posey Price (GA) Quayle Rahall Reed Rehberg Reichert Renacci Ribble Rigell Rivera Roby Roe (TN) Rogers (AL) Rogers (KY) Rogers (MI) Rohrabacher Rokita Rooney Ros-Lehtinen Roskam Ross (AR) Ross (FL) Royce Runyan Ryan (WI) Scalise Schilling Schmidt Schock Schweikert Scott (SC) Scott, Austin Sensenbrenner Sessions Shimkus Shuster Simpson Smith (NE) Smith (NJ) Smith (TX) Southerland Stearns Stivers Stutzman Sullivan Terry Thompson (PA) Thornberry Tiberi Tipton Turner (NY) Turner (OH) Upton Walberg Walden \nWalsh (IL) Walz (MN) Webster West Westmoreland Whitfield Wilson (SC) Wittman Wolf Womack Woodall Yoder Young (AK) Young (FL) Young (IN) \nNAYS—95 \nAndrews Baldwin Berkley Berman Bishop (NY) \nBlumenauer Bonamici Braley (IA) Capps \nCarnahan Carney Castor (FL) \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00262 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4421 June 28, 2012 \nCohen \nConnolly (VA) Cooper Costello Courtney Crowley Cuellar Davis (CA) DeGette DeLauro Deutch Dicks Dingell Doggett Doyle Eshoo Farr Filner Garamendi Green, Gene Hanabusa Heinrich Higgins Himes Hinchey Hirono Holden Holt Hoyer Keating \nKildee Langevin Larsen (WA) Loebsack Lofgren, Zoe Luja´n \nLynch Maloney Matsui McCarthy (NY) McCollum McDermott McGovern McNerney Miller, George Moran Murphy (CT) Neal Olver Pallone Pascrell Pastor (AZ) Perlmutter Peters Pingree (ME) Polis Price (NC) Quigley Reyes \nRothman (NJ) Ruppersberger Ryan (OH) Sa´nchez, Linda \nT. \nSanchez, Loretta Schiff Schrader Schwartz Sherman Shuler Slaughter Smith (WA) Speier Stark Sutton Thompson (CA) Tierney Tonko Tsongas Vela´zquez \nVisclosky Wasserman \nSchultz \nWaxman Welch \nANSWERED ‘‘PRESENT’’—5 \nAckerman \nCosta Kaptur \nLipinski Towns \nNOT VOTING—74 \nBaca \nBass (CA) Becerra Bishop (GA) Brady (PA) Brown (FL) Butterfield Capuano Cardoza Carson (IN) Chu Cicilline Clarke (MI) Clarke (NY) Clay Cleaver Clyburn Conyers Cummings Davis (IL) Edwards Ellison Engel Fattah Fortenberry Frank (MA) \nFudge Gonzalez Green, Al Grijalva Gutierrez Hahn Harris Hartzler Hastings (FL) Hinojosa Honda Israel Jackson (IL) Jackson Lee \n(TX) \nJohnson (GA) Johnson, E. B. Kucinich Larson (CT) Lee (CA) Levin Lewis (CA) Lewis (GA) Lowey Markey \nMeeks Moore Nadler Napolitano Pelosi Rangel Richardson Richmond Roybal-Allard Rush Sarbanes Schakowsky Scott (VA) Scott, David Serrano Sewell Sires Thompson (MS) Van Hollen Waters Watt Wilson (FL) Woolsey Yarmuth \nb1734 \nMr. SULLIVAN changed his vote \nfrom ‘‘nay.’’ to ‘‘yea’’ \nMr. COSTA changed his vote from \n‘‘nay’’ to ‘‘present.’’ \nSo the resolution was agreed to. \nThe result of the vote was announced \nas above recorded. \nA motion to reconsider was laid on \nthe table. \nMr. FORTENBERRY. Mr. Speaker, I inad-\nvertently missed the vote on rollcall No. 442. My vote would have been ‘‘yes.’’ \nf \nNUCLEAR TERRORISM CONVEN-\nTIONS IMPLEMENTATION AND SAFETY OF MARITIME NAVIGA-TION ACT OF 2012 \nThe SPEAKER pro tempore (Mr. \nC\nRAVAACK ). The unfinished business is \nthe question on suspending the rules and passing the bill (H.R. 5889) to amend title 18, United States Code, to provide for protection of maritime navigation and prevention of nuclear terrorism, and for other purposes, as amended. \nThe Clerk read the title of the bill. The SPEAKER pro tempore. The \nquestion is on the motion offered by the gentleman from Texas (Mr. S\nMITH) \nthat the House suspend the rules and pass the bill. \nThe question was taken; and (two- \nthirds being in the affirmative) the rules were suspended and the bill, as amended, was passed. \nA motion to reconsider was laid on \nthe table. \nf \nSERGEANT RICHARD FRANKLIN \nABSHIRE POST OFFICE BUILDING \nThe SPEAKER pro tempore. The un-\nfinished business is the question on suspending the rules and passing the bill (H.R. 3412) to designate the facility of the United States Postal Service lo-cated at 1421 Veterans Memorial Drive in Abbeville, Louisiana, as the ‘‘Ser-geant Richard Franklin Abshire Post Office Building’’. \nThe Clerk read the title of the bill. The SPEAKER pro tempore. The \nquestion is on the motion offered by the gentleman from Texas (Mr. F\nARENTHOLD ) that the House suspend \nthe rules and pass the bill. \nThe question was taken; and (two- \nthirds being in the affirmative) the rules were suspended and the bill was passed. \nA motion to reconsider was laid on \nthe table. \nf \nSPC NICHOLAS SCOTT HARTGE \nPOST OFFICE \nThe SPEAKER pro tempore. The un-\nfinished business is the question on suspending the rules and passing the bill (H.R. 3501) to designate the facility of the United States Postal Service lo-cated at 125 Kerr Avenue in Rome City, Indiana, as the ‘‘SPC Nicholas Scott Hartge Post Office’’. \nThe Clerk read the title of the bill. The SPEAKER pro tempore. The \nquestion is on the motion offered by the gentleman from Texas (Mr. F\nARENTHOLD ) that the House suspend \nthe rules and pass the bill. \nThe question was taken; and (two- \nthirds being in the affirmative) the rules were suspended and the bill was passed. \nA motion to reconsider was laid on \nthe table. \nf \nb1740 \nFIRST SERGEANT LANDRES \nCHEEKS POST OFFICE BUILDING \nThe SPEAKER pro tempore. The un-\nfinished business is the question on suspending the rules and passing the bill (H.R. 3772) to designate the facility of the United States Postal Service lo-cated at 150 South Union Street in Can-ton, Mississippi, as the ‘‘First Sergeant Landres Cheeks Post Office Building’’. \nThe Clerk read the title of the bill. The SPEAKER pro tempore. The \nquestion is on the motion offered by the gentleman from Texas (Mr. F\nARENTHOLD ) that the House suspend \nthe rules and pass the bill. The question was taken; and (two- \nthirds being in the affirmative) the rules were suspended and the bill was passed. \nA motion to reconsider was laid on \nthe table. \nf \nREVEREND ABE BROWN POST \nOFFICE BUILDING \nThe SPEAKER pro tempore. The un-\nfinished business is the question on suspending the rules and passing the bill (H.R. 3276) to designate the facility of the United States Postal Service lo-cated at 2810 East Hillsborough Avenue in Tampa, Florida, as the ‘‘Reverend Abe Brown Post Office Building’’. \nThe Clerk read the title of the bill. The SPEAKER pro tempore. The \nquestion is on the motion offered by the gentleman from Texas (Mr. F\nARENTHOLD ) that the House suspend \nthe rules and pass the bill. \nThe question was taken; and (two- \nthirds being in the affirmative) the rules were suspended and the bill was passed. \nA motion to reconsider was laid on \nthe table. \nf \nAVIATION SECURITY STAKE-\nHOLDER PARTICIPATION ACT OF 2012 \nThe SPEAKER pro tempore. The un-\nfinished business is the question on suspending the rules and passing the bill (H.R. 1447) to amend title 49, United States Code, to direct the As-sistant Secretary of Homeland Secu-rity (Transportation Security Adminis-tration) to establish an Aviation Secu-rity Advisory Committee, and for other purposes, as amended. \nThe Clerk read the title of the bill. The SPEAKER pro tempore. The \nquestion is on the motion offered by the gentleman from New York (Mr. K\nING) that the House suspend the rules \nand pass the bill, as amended. \nThe question was taken; and (two- \nthirds being in the affirmative) the rules were suspended and the bill, as amended, was passed. \nA motion to reconsider was laid on \nthe table. \nf \nUSE OF GRANT FUNDS FOR \nPROJECTS CONDUCTED IN CON-JUNCTION WITH A NATIONAL LABORATORY OR RESEARCH FA-CILITY \nThe SPEAKER pro tempore. The un-\nfinished business is the question on suspending the rules and passing the bill (H.R. 5843) to amend the Homeland Security Act of 2002 to permit use of certain grant funds for training con-ducted in conjunction with a national laboratory or research facility. \nThe Clerk read the title of the bill. The SPEAKER pro tempore. The \nquestion is on the motion offered by the gentleman from New York (Mr. K\nING) that the House suspend the rules \nand pass the bill. \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00263 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4422 June 28, 2012 \nThe question was taken; and (two- \nthirds being in the affirmative) the rules were suspended and the bill was passed. \nA motion to reconsider was laid on \nthe table. \nf \nTRANSPORTATION WORKER IDEN-\nTIFICATION PROCESS REFORM ACT \nThe SPEAKER pro tempore. The un-\nfinished business is the question on suspending the rules and passing the bill (H.R. 3173) to direct the Secretary of Homeland Security to reform the process for the enrollment, activation, issuance, and renewal of a Transpor-tation Worker Identification Creden-tial (TWIC) to require, in total, not more than one in-person visit to a des-ignated enrollment center, as amended. \nThe Clerk read the title of the bill. The SPEAKER pro tempore. The \nquestion is on the motion offered by the gentleman from California (Mr. D\nANIEL E. L UNGREN ) that the House \nsuspend the rules and pass the bill, as amended. \nThe question was taken; and (two- \nthirds being in the affirmative) the rules were suspended and the bill, as amended, was passed. \nA motion to reconsider was laid on \nthe table. \nf \nTHE AFFORDABLE CARE ACT IS \nTHE LAW OF THE LAND \n(Ms. JACKSON LEE of Texas asked \nand was given permission to address the House for 1 minute.) \nMs. JACKSON LEE of Texas. I rise \ntoday because this is a great country. In fact, I would call it the greatest country in the world. \nThroughout my life’s history, al-\nthough we have traveled mountains and low valleys, I have been equal and unequal in this Nation. Yet today I feel as tall as the pine trees because our Supreme Court shed itself of diverse and sometimes divisive bickering and upheld the Constitution of the United States. \nIt granted to the American people af-\nfordable health care. It granted to the sickest of the sick the opportunity to be covered by insurance. It granted to seniors who fall into doughnut holes and who have to choose prescription drugs over food a relief line. It granted to hospitals that take in indigent pa-tients who may otherwise die on side-walks in America an opportunity to take care of those patients. It gave children with preexisting diseases an opportunity to live fully in this coun-try. \nSo now the Affordable Care Act is the \nlaw of the land. We have been vindi-cated. Every single, single vote of those Members who have lost and of those who have won, we’ve been vindi-cated. Thank God for the United States Supreme Court. ANNOUNCEMENT BY THE SPEAKER \nPRO TEMPORE \nThe SPEAKER pro tempore. The \nChair will entertain Special Order speeches without prejudice to the re-sumption of legislative business. \nf \nTHE PROGRESSIVE MESSAGE \nThe SPEAKER pro tempore. Under \nthe Speaker’s announced policy of Jan-uary 5, 2011, the gentleman from Min-nesota (Mr. E\nLLISON ) is recognized for \n60 minutes as the designee of the mi-nority leader. \nMr. ELLISON. Mr. Speaker, my name \nis K\nEITH ELLISON , and I claim this Spe-\ncial Order time on behalf of the Pro-gressive Caucus. I am very pleased to be joined by my dear friend from the great State of Ohio, Mr. D\nENNIS KUCI-\nNICH. \nThe Progressive Caucus has a Web \nsite we refer people to, which is cpc.grijalva.house.gov. I urge every-body to check it out because it has a lot of excellent information. \nThis we call The Progressive Mes-\nsage. Today, we are going to focus on three topics, Mr. Speaker. They will be in the areas of: (1) historic health care; (2) the travesty of justice perpetuated on Eric Holder; (3) the voter ID issue that is proliferating across the coun-try, that of trying to restrict and sup-press the votes of Americans. So that’s our Progressive Message for today. \nI want to introduce the first subject \nby saying that today was a historic day. The historic health care bill was passed many, many months ago; but until the Supreme Court of the United States said that this bill was constitu-tional, that this act was constitu-tional, it was always in jeopardy of being overturned. In the Progressive Caucus, many of us were signatories and cosponsors of H.R. 676, which is the single-payer bill—or health care for all and Medicare for all. \nPersonally, I think today is a dra-\nmatic step forward in the quest to make sure that all Americans are cov-ered and can go to a doctor. This is a very important step—it’s an advance— so I’m happy to see it. \nWith that, I would like to just turn \nsome time over to the gentleman from Ohio for any comments he may care to make about the health care bill or about the Supreme Court decision. \nI yield to the gentleman from Ohio. Mr. KUCINICH. I want to thank the \ngentleman from Minnesota, Congress-man E\nLLISON , for his leadership in the \nProgressive Caucus and to thank him for yielding me some time to talk about this momentous decision by the Supreme Court. First of all, a little bit of context. \nI represent Cleveland, Ohio. There \nare many people in Cleveland who are uninsured. There are many people in Cleveland who could not afford health care. There are many people who are working who can’t get their families covered. This issue of health care reform is \none of the defining issues in our coun-try, and it’s one that we finally grap-pled with in 2010 to come up with a bill that not everyone agreed with. As a matter of fact, as Mr. E\nLLISON will re-\nmember, I didn’t agree with this. I was not satisfied with health care reform within the context of a for-profit sys-tem because I wanted a not-for-profit system. Yet, while we had a for-profit system, one of the things we needed to do was to make sure children with pre-existing conditions would be covered; to make sure all of these lifetime caps on the amount of money that people could claim for expenses were removed; and to make sure that people were given a fighting chance with the insur-ance companies. \nb1750 \nWhat’s happened is the Affordable \nCare Act finally took a step in the di-rection of reform. It’s an important step, and the Supreme Court has said you can do that under Congress’ taxing authority, but it’s just a step. \nAll of us understand that there are \nstill millions of Americans who are finding health care out of reach, even with the help that the Affordable Care Act offers. That’s why at the State level there are still States, such as Vermont, that are looking at how they can go forward with a single-payer plan within their State. \nMr. ELLISON. Let me just ask the \ngentleman a question. \nYou had an amendment that we were \ntrying to move onto the Affordable Care Act which would allow States, if they chose to, to pursue alternatives like a single-payer system. \nDo you recall your amendment? Mr. KUCINICH. Keep in mind that \nthe Employee Retirement Income Se-curity Act essentially would stop States from going forward, so we asked \nbasically for a waiver of that. The amendment would have provided for a waiver so States would have no legal bar to pursue a single-payer system. That was essentially passed in com-mittee and then stripped out. \nThe point is we can enable it. Con-\ngress can facilitate that. The passage of affordable care, plus the Supreme Court saying Congress can move on health care, Congress can take a step, finally puts us in a position where we can elevate health care to the highest level of public concern. \nEvery American who is out there to-\nnight who’s worried about whether they would be able to get access to af-fordable health care suddenly realizes that it is possible. For those poor peo-ple across America who are wondering whether they are going to be shut out by one aspect of the Supreme Court de-cision, now it’s up to the States to re-affirm the position of the State in the life of their citizens by saying, if you’re a poor person, we’re not going to use the Supreme Court decision to block you from having access to the re-sources of the government with respect to health care. \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00264 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4423 June 28, 2012 \nI think that we need to recognize \nthat we’ve taken a big step here. As someone who wasn’t sure at first, as someone who, in a sense, reluctantly voted for the Affordable Care Act on the hope that by proving we could have reform within the context of a for-prof-it system, that it would open the door for further reforms, I’d say this is a great day. It shows that it’s possible to reform that for-profit system. \nI’m hopeful, as we’re celebrating \ntoday, that we look down the road to what we’re going to do in the future, which is to restart our efforts here, re-start the effort for a single-payer sys-tem, knowing at least that we have the assurance that more people are cov-ered, that you don’t have to worry about your child 26 and under, whether they are going to be covered under the policy, that you don’t have to worry about a child with a preexisting condi-tion, that you don’t have to worry about long-term caps, that you don’t have to worry about if you’re a senior where that doughnut hole is going to cause your budget to get crushed. What you have now is the government finally taking the side of the people and put-ting us in a position where we now are able, with integrity and with drive, to move towards the future where some-day we’re going to keep working for that single-payer system. \nMr. ELLISON. I don’t know if this \nhappened to you today, but it did hap-pen to me. I started thinking about all the door knocking that I did and think-ing about the health care horror sto-ries that I heard. \nI just want to ask you today, when \nyou reflect on 57 percent of the people filing for bankruptcy being motivated by medical debt, when you hear about people getting a lifetime cap and not being able to get any additional health care, even when they’ve got cancer or if they’ve got cancer, then they get dropped. \nMr. KUCINICH. The gentleman is \nright. The gentleman is correct. When you think of how many people—most bankruptcies, they’re connected to peo-ple not being able to pay hospital bills. Any single family has known the dread of having one individual get ill in the family, and everything people worked a lifetime for, they lose. \nMr. ELLISON. The gentleman might \nreflect on the fact that many of these people you’re referring to have insur-ance, and I yield to the gentleman. \nMr. KUCINICH. Oh, that’s right. Think about this now. You can have \ninsurance, and if you run up against \nlifetime caps on coverage, you’re out of luck. So many Americans have gotten in trouble financially because, even though they have insurance, they can’t pay the bills. The bills have sent Amer-icans into poverty. \nWe need to realize that we’ve taken a \nstep in the direction of a substantial support for the American people and their health care with the Affordable Care Act, but it’s not the final step. \nAgain, I am here to share with you, \nMr. Speaker, my willingness to con-tinue the effort towards a universal \nsingle-payer, not-for-profit health care. \nYou know what? Now that we’ve \nproven that reform of health care is possible, now that we have proven that health care is no longer the third rail of American politics, now that we have proven that the Court will uphold an effort by the Congress to move towards health care reform, well, now that we’ve proven that, we can say it is pos-sible to go to a place where we can have health care for all under a not- for-profit system. \nI thank the gentleman for his leader-\nship, and I look forward to working with you as we chart a new course in America for health care for all. Thank you. \nMr. ELLISON. Thank you. And to the gentleman from Ohio, who \nI know has some things to do, I just want to say that when the final chap-ter is written on the improvement and the advance in health care in America, there will certainly be chapters on how D\nENNIS KUCINICH , through your leader-\nship as a Member of the House of Rep-resentatives bill that you introduced through your Presidential run, where you really made health care a front- burner issue, you will have a chapter that will designate your great con-tributions to the American people to get quality, affordable, universal health care. \nSo I do thank you today, sir, because \nI can tell you that today is somewhat of a reflection. You should think about how your campaign for President and other work you have done really did move the ball down the track. So I thank you, and I honor you for it. \nMr. KUCINICH. I thank the gen-\ntleman. Thank you very much. \nMr. ELLISON. We’re joined by my \ngood friend, J\nOHN GARAMENDI from \nCalifornia. \nCongressman G ARAMENDI , on a day \nlike this, you must be full of thoughts about health care reform, the big lift, and all of the things that occurred. \nWhat are some of the thoughts that \noccur to you today, Congressman? \nMr. GARAMENDI. Thank you, Mr. \nE\nLLISON . Thank you so very much for \nyour consistent and strong voice on what we really need to do here in America to take care of people. \nAt the beginning of the day and at \nthe end of the day, our task is to fulfill that message of life, liberty, and the pursuit of happiness. This day really, in many ways, fulfills that. \nThink about it. Can you have life \nwithout health care? Well, probably not for very long. Most everybody I know has had a sickness at one point or another. If you don’t get health care, you may very well lose your life. \nHappiness? We know that most of the \nbankruptcies—this is before the great crash—are a direct result of health care and not having sufficient insur-ance or not having insurance. With re-gard to happiness, wow. \nOf course, liberty. You just think \nabout the number of Americans that are literally chained or tied to their \njob because they have health care there. If they want to leave, if they want to pursue a different course, they want to improve, they can’t, because they are tied to their job because of health care. They can’t get it. \nToday, the Supreme Court said that \nwhat this House did with the Afford-able Health Care Act is constitutional. It is constitutional. It is possible for us. As we just heard from Mr. K\nUCINICH , \nit is possible for us to reform the health care system. \nMy thoughts are so happy for Amer-\nica, so happy for that man that I saw 5 years ago that was on his deathbed, and he said, If I can just live another 5 months, I’ll be on Medicare and I can get the treatments that I need without bankrupting my family. Today he prob-ably will be able to get that. It’s a good day. \nb1800 \nI was the insurance commissioner for \n8 years in California. And if only I had this law, if only this law were in place, I could have hammered those insurance companies that were discriminating against people who had preexisting conditions. But I didn’t have this law. So they were able to get away with dis-criminating against women because they are women. Because they are of child-bearing age, they may have a child; and it might cost the insurance companies money. \nMy chief of staff had a child who was \nborn with an ailment. That kid, from the day of conception to the day after he was born, had insurance. As soon as the insurance company found out that that child had a serious problem, they stopped the insurance. The family al-most went into bankruptcy; but for the friends and support around them, they would have done so. That is over. \nEvery child born in America will con-\ntinue to have health care coverage, whether they are healthy or not. It’s a good day. It’s a good day for the chil-dren. It’s a good day for the people of America. \nMr. ELLISON. Well, Congressman, I \nshare your joy today. And I want to let you know that the fact is that there are a lot of really important parts of this bill, and not enough Americans understand what’s in the bill. \nI can remember back a couple of \nyears ago when I was trying to have community forums in my district, and people who didn’t understand the need for health care reform would get loud and boisterous in these meetings. And I would let them talk. I wouldn’t let them disrupt the meeting, but I would let them talk. And some of them ex-pressed themselves in very passionate ways. \nOne of the things they said to me \nwas, Did you read the bill? And they wouldn’t ask the question. They would basically make an accusation that I didn’t read the bill. Of course I had read the bill. \nAnd I think it’s now a good idea to \nreally help people understand what \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00265 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4424 June 28, 2012 \ngood things are in this bill. For exam-\nple, I think it’s important for people to understand that already in the bill, if you have a child under the age of 26, that child can be on your health care insurance. No more worries that your college graduate kid, who has not yet got that job, is just out there with no insurance. If you are a woman, they can’t discriminate against you any-more. If you have a preexisting condi-tion and you are a child, even at this moment, they can’t discriminate against you. And when the bill is fully in effect, they won’t be able to dis-criminate against anyone. \nIf you are a senior, we’re helping to \nmake the cost of prescription drugs more affordable by filling the doughnut hole. Also, for Medicare, we have a pro-vision in there that’s helping to make sure that preventative screenings are free in order to have healthy, strong seniors to prevent them from getting sick. There’s a medical loss ratio which says that the insurance company has to devote 85 percent of their receipts into health care, not all this other ad-ministrative stuff, including exorbi-tant pay. \nSo as we sit back and reflect on what \nis actually in there, I think it’s impor-tant to make those points. \nIs there anything you would like to \nadd? \nMr. GARAMENDI. Let me just take \nup some of those numbers because they’re very, very exciting. \nThirteen million Americans will re-\nceive $1.1 billion in rebates because the insurance companies have overcharged them. That didn’t happen before this bill. I didn’t have that power, as insur-ance commissioner, to do that; 54 mil-lion Americans that are in private health insurance plans will receive free preventative services as a result of this legislation. \nMr. ELLISON. Fifty-four million— \nwow. \nMr. GARAMENDI. And, of course, \nwomen—millions across this Nation— will receive free coverage for com-prehensive women’s preventative health services: Pap smears, breast x rays and the like. In 2011, 32.5 million seniors received one or more preventa-tive services. In 2012, 14 million seniors have already received these services. \n105 million Americans will no longer \nhave a lifetime limit on their coverage. Before this bill was in effect, if you go up to $100,000 or $200,000—if you had a serious illness, you could go through that, bam—that’s it. You don’t get any more coverage. No longer. No more limits. Lifetime limits are gone. \nSeventeen million children with pre-\nexisting conditions can no longer be de-nied coverage by insurance companies; 6.6 million young adults—what you were just talking about—you are talk-ing about my daughter. She graduated at the age of 21, 22; lost her insurance. The day after this bill passed, she said, Dad, can I get back on your policy? The answer was yes. Actually, it took 6 months, but it did happen. 5.3 million seniors in the doughnut hole—this is \nthe drug coverage portion—have saved $3.7 billion on prescription drugs al-ready. \nNow, our good friends, the Repub-\nlicans, want to repeal all of this. So you go through this list: 13 million Americans will not receive a rebate if the Republicans succeed in repealing the bill; 54 million Americans will not receive preventative services; 6.6 mil-lion young Americans will not be on their parents’ coverage between the age of 21 and 26. There are a lot of takeaways from what the Republicans want to do with their repeal. \nMr. ELLISON. If the gentleman \nwould yield, I think that is a very im-portant point to make. Sadly, as soon as the Affordable Care Act was upheld, our friends in the Republican Caucus immediately said, Well, we’re going to have a repeal vote. Well, they’ve al-ready had a repeal vote. What are we doing this over and over and over again for? Well, we’re doing it for a very im-portant reason: to make a political point. \nAs they were announcing another re-\npeal vote—another repeal vote—we haven’t done anything about student loans this week, which are expiring. We haven’t done anything about jobs. And we haven’t done anything about the transit bill, which is due to expire. I mean, it’s just really amazing how much time we have for stuff that doesn’t matter, just political games-manship. \nBut, you know, I must share this \nwith you, Congressman. I’m saddened \nby the fact that our Republican friends won’t join with us in this awesome good thing that happened to the Amer-ican people today. I wish they would fi-nally come around. It’s like, look, you know, you fought the health care— \nWell, first of all, between 2000 and \n2006, you had the White House, the Sen-ate, and the House of Representatives. You didn’t do anything except give a bunch of money to Big Pharma. And we’re trying to fix that right now. \nBut all this stuff they talk about. Oh, \nwe want to sell insurance across State lines. We want to do tort reform. They could have done all of that. They didn’t do it because they didn’t want to do it. Now they say that’s what they would have done, but that’s not what they did do when they could have done it. So there you go with that. \nSo now we, the Democrats, went and \ntook up health care. After many, many years of trying, we get it through. They fight it tooth and nail. To their credit, none of them supported the final vote on the Affordable Care Act. They were solid and unanimously against conferring the benefits that are contained in the Affordable Care Act. \nWell, now they got around to saying \nthe bill was unconstitutional. It’s un-\nconstitutional. And you heard this hue and cry day and night. And they even called themselves ‘‘constitutional con-servatives.’’ \nWell, the constitutional Court has \nsaid, This bill is constitutional. So you would think they would say, Okay, \nokay. We just wanted to make sure it’s constitutional. Now we’re ready to join hands with you and celebrate this great thing to make sure all Americans can go to the doctor. But what do they do? They schedule a repeal vote. \nHere’s what I want people to know, \nCongressman: according to the Con-gressional Budget Office—which is a nonpartisan entity—if they repeal this bill, it will add to the deficit $230 bil-lion. These are my friends who never tire of saying, Oh, we’re conferring debt on our children and grandchildren. They always say that. I’m sure it’s been tested by, you know, some high- paid individual who does that kind of stuff. They never tire of saying, Our children and grandchildren, we are pil-ing debt on our children and grand-children. \nBut if they strip the Affordable Care \nAct, as they plan on doing on July 11, they would drop a big debt and add to the deficit. \nMr. GARAMENDI. Thank you so very \nmuch, Mr. E\nLLISON . And thank you for \nyour leadership on this and so many other issues. \nI’m looking at that sign next to you: \n‘‘Republicans’ No-Jobs Agenda.’’ A re-peal of the Affordable Health Care Act and the Patients’ Bill of Rights is not going to create jobs. In fact, it is going to make it very, very difficult for small businesses because the Afford-able Health Care Act actually helps small businesses. \nMr. ELLISON. Right. \nb1810 \nMr. GARAMENDI. They don’t have \nthe mandate. Small businesses don’t have the mandate. But what they do have is an opportunity. They have an opportunity to get health insurance at an affordable cost, which they’ve never had before. Small business, one-person, or husband and wife, perhaps, and two or three employees, it literally was im-possible for them to get affordable health insurance for themselves and for their three employees. \nUnder this bill, they can get it. It’s \nsubsidized, to be sure. But they can fi-nally get insurance. And across the State of California and across this Na-tion we’re finding thousands upon thousands of businesses for the first time going into the insurance market, able to buy insurance, getting coverage for themselves and their employees while providing what insurance must do, which is the knowledge and the sta-bility that is necessary for the finances of that business to succeed. \nThe other thing—and I’m just going \nto pick up one more that’s very, very close to me—in California, the Afford-able Care Act provided funding for 1,154 clinics. Way back in 1978, when I was in the California legislature, and in 1976 as a member of the Assembly, I au-thored legislation to establish the Rural Health Act. And that built clin-ics in the rural part of California. And today, as a result of that, there are \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00266 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4425 June 28, 2012 \nclinics all across the State of Cali-\nfornia, and the Affordable Care Act keeps those clinics in business. \nThis is where many Californians and \nacross this Nation Americans access the health care system. It’s there in their community. These are the com-munity clinics that are so critically important in providing the health care that Americans need. The call for re-peal kills these clinics. These clinics will die if this bill is repealed. \nSo out across the State, even in the \nmost conservative part of my new dis-trict, Colusa County, there are clinics that are dependent upon this legisla-tion and will be able to continue as a result of the Affordable Care Act, found by the Supreme Court, including Chief Justice Roberts, to be constitutional. This is constitutional. The legislature, Congress, and the Senate and the President have the power to solve one of the great America dilemmas: The health care system. \nOver time, we’ll change this. We’ll \nmake modifications. Among those modifications ought to be an expansion of Medicare, which is efficient, effec-tive, and universally available to every American over the age of 65. How good it is. How hard and how determined people are—if I can just live to 65, I’ll have Medicare. It’s a great program. We ought to expand it. We ought to make it universal. \nMr. E\nLLISON , I don’t know how much \ntime you have. \nMr. ELLISON. We’ve got about 30 \nminutes or so. \nMr. GARAMENDI. Well, there are \nthings we can talk about. \nMr. ELLISON. I would actually like \nto take up what happened with Eric Holder today. \nMr. GARAMENDI. Let’s talk about \nthat. \nMr. ELLISON. The Holder case, Eric \nHolder, when he came in office, this program, the Fast and Furious, was on-going. It was a gunwalking program. The original theory was that if you put some guns into the stream of com-merce, then you can find out who’s buying them, who’s selling them, and try to get to the bottom of some of these cartels that trade in illegal guns, straw purchasers and so forth. Well, it was a poorly conceived plan, and trag-edy occurred. A border enforcement of-ficer, Officer Terry, was killed as a re-sult with one of these guns. We all pause in his honor and offer our sincere condolences to his family. \nWhen Attorney General Holder found \nout about this program, he shut the program down. But then, of course, as facts came to light, it is a legitimate source of investigation. And he sub-mitted to nine hearings, 8,000 pages of documentation. But when it finally got down to it, when there was information that was of a deliberative nature—not on the facts of what happened to Offi-cer Terry, but just exchange of infor-mation—and pending criminal informa-tion, which everyone in this room should know is not for public consump-tion, when that information was \nsought, the administration, the White House said, No, we’re going to exercise executive privilege. Obviously, if the President exercises executive privilege, the Attorney General has to abide by that decision. \nAnd despite all those facts, today on \nthe House floor the Republican major-ity, instead of dealing with jobs, in-stead of dealing with health care, in-stead of dealing with renewing the stu-dent loan interest rates, which are about to double; instead of dealing with the transportation bill, which is about to expire, we go do a witch hunt on Eric Holder. It’s really too bad. \nAny thoughts on this issue you care \nto share? \nMr. GARAMENDI. Well, I do. And \nlike most of my Democratic col-leagues, we just walked out of this Chamber and said this is not worthy of the dignity of the House of Representa-tives. And we weren’t going to honor this process with our presence. \nLet’s go back here. The Fast and Fu-\nrious programs actually began in the George W. Bush administration, I think, around 2005, 2006. And there were two iterations of it, two different projects that were underway out of the Phoenix office of the ATF. And they were trying to find out who the gun-runners were. We’ve all watched the Western movies and the gunrunners. Well, there are American gunrunners that were running guns to the narco folks in Mexico. We wanted to find out what is going on here, where are these guns coming from. And that was, once again, during the George W. Bush ad-ministration and had gone on for 2, 3 years. \nThe Obama administration comes in. \nEric Holder is chosen as Attorney Gen-eral. And the program continued. The tragedy occurred. An agent was killed. And from there, Fast and Furious—this is now what we call the walking of the guns—became known. Eric Holder shut it down. In that process, a letter was written to the Senate committee say-ing that it didn’t exist. Clearly, an error, I am told. But this House doesn’t know today. Never investigated by the committee. But I am told that there was information that the office in Phoenix, Arizona, misled the office in Washington, D.C., and a letter was sent forth that was incorrect. That should be the subject of the investigation: What happened here; what actually went on in Arizona. \nNot one witness from the actual op-\neration was called to testify. Not one. So this is really a very strange and botched investigation. If you want to get to the bottom of it, you’ve got to talk to the people that actually did it. It didn’t happen. The Democrats on the committee demanded several times: Bring forth the people who did the Fast and Furious from the Bush administra-tion into the Obama administration. Bring them forward. Get their testi-mony. Find out what happened. Find out about the communications between the Phoenix office and the Washington, \nD.C., office. It didn’t happen. \nSo in terms of an investigation, you \nhave a partial investigation focusing on the end of the story rather than on the full story. And today, the first time ever in the history of this Nation, this body voted to hold in contempt a Cabi-net official on a half-baked, insuffi-cient investigation that purposefully ignored calling witnesses that were ac-tually engaged in the Fast and Furious operation and who were responsible in the Phoenix office for that operation. \nb1820 \nIt was a farce. It was a political \nevent, and we walked out. Not a good day. \nAnd as you said a moment ago, there \nare things we must do. Men and women and families across this country are hurting. They’re unemployed. They want jobs. They want to go to work. Transportation, where’s the transpor-tation bill? We never did get one out of this House that was meaningful. We just passed a little thing so we can get to conference. It had nothing in it, but it allowed us to go to conference. Where’s that bill? How about student interest rates, where’s that bill? And what about the jobs program? \nWhat if the September 2011 proposal \nthat President Obama put forward, the American Jobs Act, what if we had taken that up? Three million, 4 million Americans would be working today. What if we had done that? But it didn’t happen. Our colleagues on the Repub-lican side refused to bring it up in this House and refused to allow it to be brought up in the Senate. That’s sad. That’s a very sad thing for America. It is one of the great ‘‘we should haves,’’ but we were prevented from doing so. \nMr. ELLISON. Well, Congressman, I \nhave some obligations that require me to curtail our hour a little early. You can carry on if you like. \nMr. GARAMENDI. Well, I, too, must \ngo. But I thank you very much for al-lowing me to talk about three very im-portant things. I appreciate that, Mr. E\nLLISON . \nMr. ELLISON. You are famous for \nnailing the need for a greater invest-ment in manufacturing and supporting American jobs, and I thank you for all of the great work you’re doing. \nMr. GARAMENDI. You must mean \nMake It in America. Spend our tax money on American-made equipment and jobs, not on Chinese or Japanese or anybody else, but on American jobs. We can do that. \nMr. ELLISON. We can do it. Let me wrap up by saying it has been \na great evening, a great day for the American people. The Affordable Care Act has been vindicated in the Su-preme Court. Unfortunately, the day is somewhat marred by the unfortunate behavior of the majority in trying to go after Eric Holder. Nonetheless, it’s another day in Washington. \nThe Progressive Caucus will be back \nnext week. Thank you very much. \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00267 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4426 June 28, 2012 \nI yield back the balance of my time. \nf \nAPPOINTMENT AS MEMBER TO \nUNITED STATES-CHINA ECO-NOMIC AND SECURITY REVIEW COMMISSION \nThe SPEAKER pro tempore. The \nChair announces the Speaker’s ap-pointment, pursuant to section 1238(b)(3) of the Floyd D. Spence Na-tional Defense Authorization Act for Fiscal Year 2001 (22 U.S.C. 7002), as amended, and the order of the House of January 5, 2011, of the following mem-ber on the part of the House to the United States-China Economic and Se-curity Review Commission for a term to expire December 31, 2014: \nMr. Peter Brookes, Springfield, Vir-\nginia \nf \nSUPREME COURT HEALTH CARE \nDECISION \nThe SPEAKER pro tempore. Under \nthe Speaker’s announced policy of Jan-uary 5, 2011, the gentleman from Geor-gia (Mr. G\nRAVES ) is recognized for 60 \nminutes as the designee of the major-ity leader. \nMr. GRAVES of Georgia. Mr. Speak-\ner, I rise today with a group of col-leagues of mine to speak in contrast to what we just heard. It is shocking to me, not only the news of today and the continuation of the overreach of the Federal Government, but to hear col-leagues on the other side of the aisle who are advocating for the Progressive Caucus, the progressive movement in this Nation celebrating, truly cele-brating the Supreme Court ruling of today which allows the Federal Gov-ernment to continue reaching into the homes of American families all across this country in a way that has never been done before, and granted so much more taxing power that has never been granted before, and yet they celebrate. \nAnd they used a lot of different \nterms, like ‘‘charting the new course.’’ That was a phrase that was used by the Progressive Caucus here just a moment ago—charting the new course. One has to wonder: What is this new course? It has been a course that the progressive movement has been on now for nearly a century; and today they are cele-brating that course continuing to be charted, and that is a course of more government and less liberty. And that is what this decision was all about today. It was about empowering gov-ernment and not empowering the American people. It is about creating more government and less liberty. That’s what the decision reflected today. \nI am joined today by many good \nfriends here in the House of Represent-atives who are on the side of liberty. They’re on the side of the American taxpayers, and they’re on the side of the private sector. They believe in free \nmarkets and capitalism and profits and success and dreaming, and they don’t think that the Federal Government has to get in the way of any of that. Mr. Speaker, I would like to first \nyield to the gentleman from New Jer-sey (Mr. G\nARRETT ) to get his insights \non today’s decisions. \nMr. GARRETT. Mr. Speaker, I thank \nMr. G RAVES for leading the floor to-\nnight on this very important matter. He joins me, I’m sure, in saying that we’re all extremely disappointed that we have to come to the floor tonight and that the Supreme Court ruled today that the Commerce Clause does not support the individual mandate, but it may be upheld within Congress’s power to lay and collect taxes. \nSo what we have found today is that \nCongress cannot use the Commerce Clause to compel you to do something. But, instead, Congress can tax you into submission. It should have been crystal clear that the Commerce Clause, which grants power to Congress to enforce free trade pacts amongst the States, could not use that clause to regulate it. \nIf Congress can force you to purchase \na product, then there is nothing gov-ernment cannot force you to do. This would have been a violation of your in-dividual liberties as well as the con-stitutional doctrine of enumerated powers in which Congress is only given few and specific powers. \nAs the Supreme Court’s syllabus of \nthis case states: \nThe Framers knew the difference between \ndoing something and doing nothing. They gave Congress the power to regulate com-merce, not to compel it. Ignoring that dis-tinction would undermine the principle that the Federal Government is a government of limited and enumerated powers. \nBut the Supreme Court instead told \nus that Congress has the power to tax and tax and tax until you submit to it. \nIs this at all consistent with the \nfounding principles of this country? Did those brave patriots who fought in the Revolutionary War and faced es-trangement from their families, who endured British cannon fire and mus-ket fire, weathered freezing winters and blazing summers, marched without shoes, slept without blankets, and suf-fered perpetual starvation all so that Congress could tax the people to form their behavior in Congress’s image? \nDid the Founders, who objected to \nthe Stamp Act, the Sugar Act, and the Declaratory Act, which led our great Nation to revolt, risk the charge of treason and put their lives, fortunes, and sacred honor at risk, all so that they could replace one King who de-manded more taxation, and now re-place it with a President who demands more taxation? No. \nWe are Americans, citizens of a con-\nstitutional Republic where individual liberty is our birthright, won by our Founding generation’s sacrifices. We are not and shall never be mere sub-jects of a government that can tax its way to tyranny. And disturbing as it is, there are many problems with this ma-jority Court’s rationale. \nYou see, the Obama administration \nhas been confused as to whether or not the monetary penalty for failure to pay \nis in fact a tax or not. But even if we accept the penalty as a tax, as the Court has rewritten the law to be, such a tax is still unconstitutional for many reasons. \nFirst, the Constitution lays out three \ntypes of permissible taxes. This tax is not accessed on income, so it is uncon-stitutional in that regard. This tax is not assessed uniformly and is triggered by economic inactivity so it is uncon-stitutional in that regard. And the tax is not apportioned among the States by population, so it is unconstitutional in that regard. \nEven more importantly, the Con-\nstitution does not grant Congress an independent power to tax for any pur-pose that it wants. Taxing to provide for the general welfare does not mean there is limitless power of Congress to tax. Rather, it means that a tax must be for a national purpose to achieve the ends that are outlined within the enu-merated powers. \nNow, this is not only my view; this \nwas the view of James Madison, who ought to know a little bit about the Constitution since he is the man most responsible for it. \nThere is nothing about the individual \nmandate defined as a tax that is sanc-tioned by the Constitution. \nBut we have strayed far from the \nConstitution of the Founders. No longer is the ability to tax constrained by the limits imposed by that great document. The growth and power of this government would render it not only unrecognizable, but also repulsive to the Founders. \nMadison and his fellow revolution-\naries worried about the growth of gov-ernment and the yielding of liberty. The writings they left for posterity are full of warnings about the fragility of limited government. Madison believed Republican governments would perpet-ually be on the defensive against the encroachments of aspiring tyrants. John Adams agreed when he said, ‘‘De-mocracy never lasts long.’’ \nAnd perhaps the most famous quote \nof all was Ben Franklin at the Con-stitutional Convention when he said we have produced ‘‘a republic, if you can keep it.’’ \nAnd now, 225 years later, we have ar-\nrived at this moment. \nWe should strive to restore the free \nsociety of our Founding Fathers that they fought for. If liberty is our goal, the Supreme Court has failed the American people. And so although we come here tonight extremely dis-appointed that the Supreme Court did not rise to the defense of the Constitu-tion, I can take solace with the knowl-edge that the people of this country will. \nb1830 \nSee, the Americans of this country \nrevere the Constitution, and they will not let it be trampled upon. They long cherish their liberties. They will not surrender them without a fight. \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00268 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4427 June 28, 2012 \nSince the enactment of ObamaCare, I \nhave seen the tireless efforts of patri-ots, both in my district, in the State, and across the country, trying to re-peal ObamaCare. I am inspired by their passion, by their determination to de-fend the Constitution. This generation of Americans will not allow history to say that we presided over the demise of the American experiment in limited government. \nNow, it is true that the struggle \nagainst ObamaCare has been long and difficult and sometimes met, as today, with disappointing results. But for those of us who still believe in our founding principles, I offer some advice from Thomas Jefferson, who said, ‘‘The ground of liberty is to be gained by inches.’’ \nSo we stand here tonight all to-\ngether, pledging to work alongside the people of this great Nation who will fight inch by inch in defense of the Constitution, and we will repeal ObamaCare. Mr. Speaker, ObamaCare must be repealed entirely, because if it is not, the constitutional Republic and the safeguards of our natural rights through limited government will be lost. \nMr. GRAVES of Georgia. I thank the \ngentleman from New Jersey for your inspirational remarks reflecting back on the history of this country and the great leaders and the Founders and the principles which this Nation was based upon. While the erosion continues—and we’ve seen more of it even today with the ruling—the resolve is even strong-er. \nSo to those that may be listening or \nwatching, you can know that there is a group of Members in the House of Rep-resentatives that are not going to let up, that are going to be fully resolved to repealing ObamaCare in its entirety, pulling it out, each and every root of this legislation, and empowering the people and not empowering govern-ment. Because, why? Because this is not a government of the Court, by the Court, or for the Court. This is a gov-ernment of the people, by the people, and for the people, and I am convinced that the people will have their voice heard in the next few months. \nSo as we heard from the progressives \nearlier in their continued march down this new chartered course of more gov-ernment and less liberty, we are thank-fully joined tonight by a great friend of liberty and a great advocate of liberty, and that is Louis Gohmert from Texas. \nI’d like to yield to the gentleman \nfrom Texas. \nMr. GOHMERT. I sure do appreciate \nmy friend from Georgia. He is an abso-lute patriot, standing for truth, jus-tice, and what used to be the American way. It is, according to the Supreme Court, not so much anymore. And I ap-preciate the gentleman for yielding. \nI’ve been going through this decision, \nand having been an attorney—and I’ve been a prosecutor and a judge and a chief justice. It was a small, three- judge court, but you learn things—you go to judicial conferences—about how \nto write opinions and things, never to the level of the United States Supreme Court. But as a certified member of the United States Supreme Court Bar, you follow the holdings of the courts. \nSo it’s been with great interest, after \nI got my wind back from having found that Chief Justice Roberts wrote the opinion for the five-person majority, okay, so we start going through the opinion. Let’s see how in the world he came to this conclusion. \nWell, I’ll be very brief in jumping \nthrough, even though it’s a very long opinion, including the dissents. But the first thing that the Court had to con-sider is the Anti-Injunction Act that was passed by Congress years ago that makes very clear that the Supreme Court cannot take up any issue regard-ing a tax unless the tax has actually been levied and someone required to pay the tax, and then someone against whom the tax has been levied—required to pay that tax—files suit, that person then has standing. Well, under ObamaCare, if the mandate is a tax, the penalty is a tax, then the Anti-In-junction Act would kick in and no one would be allowed to have standing be-fore the Federal district court, court of appeals, and certainly not the U.S. Su-preme Court. \nSo the first thing the Supreme Court \nhad to get past was the issue of: Is this penalty a tax? Because if it’s a tax, then the Supreme Court must throw this case out, announce that the plain-tiffs in these cases have no standing— and will not until around 2014—until such time as the tax is levied. \nSo the Court goes through, and if \nanybody prints out the decision, you can look at pages 11 through 15 specifi-cally where they discuss the Anti-In-junction Act. They point out just, in essence, what I have hopefully clari-fied: If it’s a penalty, then the Court can take it up. If the penalty that you must pay for not buying the insurance is a tax, then this case goes out, no Su-preme Court decision for at least 2 to 4 years. \nSo Chief Justice Roberts—brilliant \nman, there’s no question he’s a very brilliant intellectual—he indicates this and says: \nCongress’s decision to label this exac-\ntion a penalty rather than a tax is sig-nificant because the Affordable Care Act describes many other exactions it creates that are taxes. \nAnd he says this: Where Congress uses certain lan-\nguage in one part of a statute and dif-ferent language in another, it is gen-erally presumed that Congress acts in-tentionally. \nSo he goes on and he says: The Anti-Injunction Act and the Af-\nfordable Care Act are creatures of Con-gress’ own creation. How they relate to each other is up to Congress, and the best evidence—the Supreme Court’s words, Justice Roberts’ words—the best evidence of Congress’ intent is the stat-utory language, the statutory text. So he goes on to conclude that since \nCongress says in ObamaCare, the Af-fordable Care Act—boy, is that a mis-nomer, the Affordable Care Act—since Congress calls it a penalty, then Jus-tice Roberts and the majority say it’s not a tax; it is a penalty. \nSo around page 15 or so, 15, 16, they \ncome around and say—I guess, 15, okay: \nCongress made clear that the penalty \nis what it is—not a tax. Therefore, the Anti-Injunction Act does not apply, so our Court has jurisdiction. As he says, the Anti-Injunction Act, therefore, does not apply to this suit since it’s a penalty and not a tax. Therefore, as he says, we may proceed to the merits. \nOkay. So he clears it’s a penalty; it’s \nnot a tax. Because if it’s a tax, they can’t do anything; they’ve got to throw it out. Okay. So it’s a penalty, not a tax. \nSo then he goes on, after page 16, he \ngoes on in the majority opinion to dis-cuss this issue of whether or not it vio-lates the Commerce Clause, this pen-alty. He comes to the proper conclu-sion that if Congress can mandate a penalty for not buying a product, there’s nothing to stop Congress from intruding in every area of individual Americans’ lives. \nIt’s mentioned in this opinion that \nthe main purpose—one of the two main purposes is to bring down the cost of health care. The Supreme Court thinks that’s a legitimate reason to pass an act, bring down the cost of health care. But Justice Roberts and the majority decide it would violate the Commerce Clause, because if you can force indi-vidual Americans to buy a particular product in order to bring down the cost of health care, you can order anything. You and I can be ordered to join a gym and to start exercising X number of hours a week. \nWe’re told that the Federal Govern-\nment does not monitor debit card and credit card purchases—although, sup-posedly it could. Well, if it has a duty to bring down health care costs and it has the ability to watch your pur-chases, and, under ObamaCare, the Federal Government, through their re-lationship with General Electric— sweetheart deal they did with GE— they’re going to hold everybody’s med-ical records. So if they’re holding everybody’s medical records, then I don’t know why they wouldn’t go ahead and monitor everybody’s choles-terol rate, blood pressure, things like that. \nb1840 \nAnd so it could conceivably get to \nthe point where, gee, you get a letter from the government that says, we no-tice your cholesterol rate’s up to 250 or so and we notice you bought bacon this weekend. What were you thinking? You know, you’ve got to take that back. You can’t keep bacon. \nAnyway, there’s no limit to what \nCongress can do to intrude in people’s lives. And I’d point out to my friend from Georgia, liberals are constantly \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00269 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4428 June 28, 2012 \non the protection of bedroom privacy \nrights. I really thought that once they fully examined the potential effect of ObamaCare, they would be standing down here with you and me and my other friends hear, Louisiana, Georgia, they’d be out here saying, wait a minute. If the government has the right to order us to do or not do acts or buy or not buy products for the sole purpose of bringing down the costs of health care, there are studies that say some certain relational activities cre-ate more risk for health care problems than others, so if this is true, the Fed-eral Government would have the right not only to invade the kitchen and the bathroom, but head straight to the bedroom and dictate people’s rights. \nI didn’t want to go there, and I felt \nlike once we found out that Chief Jus-tice Roberts makes clear, this is a pen-alty, not a tax, it violates the Com-merce Clause to force people to buy a product like this, you would think that would be the end of it. \nBut then Chief Justice Roberts goes \non, and it doesn’t make sense because then he begins to say, well, it violates the Commerce Clause, but does it vio-late the Tax-and-Spend Clause? \nAnd then he goes through and makes \na case for saying, it’s not a penalty, it’s a tax. And he’s already told us that the best way to tell what it is is to look what Congress called it. And I think, in this case, not only look what Congress called it, look at what the President called it. \nI just happen to have a partial ex-\ncerpt or an excerpt from the transcript of a show the President did with his friend, George Stephanopolous. And Stephanopolous is asking him about it and said, you know, under this man-date, the government’s forcing people to spend money, fining you if you don’t. How is that not a tax? \nWell, President Obama goes on and \nhe lays out all this weak gibberish, and eventually gets—Stephanopolous inter-rupts him and says, okay, that may be, but it’s still a tax increase. And the President said, that’s not true, George. For us to say that you’ve got to take responsibility to get health insurance is absolutely not a tax increase. \nThe President also says, nobody con-\nsiders that a tax increase. \nHe’s not done making clear the will \nof the Congress and of the President, who pushed this bill to make it his shining bill that he had passed through Congress. Stephanopolous goes on and says, I want to check for myself, but your critics say it’s a tax increase. President Obama says, my critics say everything is a tax increase. \nStephanopolous: But you reject that \nit’s a tax increase. \nPresident Obama says, I absolutely \nreject that notion. Not a tax increase. \nSo you would think that if Chief Jus-\ntice Roberts and the majority, the other four, are going to uphold the President’s prize bill, he might accept what the President said he’s done in this bill. But oh, no. After finding that it’s not a tax, it’s \na penalty, then Chief Justice Roberts comes over to page 39 and he says, the joint dissenters argue that we cannot uphold section 5000(a) as a tax because Congress did not ‘‘frame it’’ as such. \nAnd then he goes on and he says, la-\nbels should not control here. \nWhat? He just said before, Congress’ \nown expressed written intent is the best evidence of what their intent is. And yet, now he comes over here, page 39 and says, wait, wait, wait. We have to look at what the intent is, but labels should not control. \nSo then he goes through and makes \nthis ridiculous argument that it is a tax. And he says over here, page 44, the Affordable Care Act’s requirement that certain individuals pay a financial pen-alty for not obtaining health insurance may be reasonably considered as a tax because the Constitution permits such tax. It’s not our role to forbid it or to pass upon its wisdom or fairness. \nBut then, one of the big mysteries in \nthis brilliant man’s opinion for the ma-jority uses the first person pronoun, I. Now, you know, anybody that’s been a judge, normally you go to judicial con-ferences, you have seminars, you have training in writing style. If it’s an indi-vidual judge, sole court opinion, then you’ll write it one way. If it’s a mul-tiple justice opinion you write it an-other way. \nYou see first person pronoun I in dis-\nsents, even though it’s really not the best grammar to use pronouns in dis-sents. But you don’t see them in well- written majority opinions. And Chief Justice Roberts is one of the best lin-guists we’ve had on the Court. \nAnd he takes Justice Ginsberg to \ntask a few different places in the ma-jority opinion, and yet, she is one of his voting justices to support the ma-jority. That doesn’t make sense. \nYou don’t normally see one justice \nwriting the majority opinion take off and criticize someone who’s voting with him. That doesn’t make sense. But here at page 44 he says, Justice Ginsberg questions the necessity of re-jecting the government’s commerce power argument, given that section 5000(a) can be upheld under the taxing power. \nHe says, Chief Justice Roberts, ma-\njority opinion, but the statute reads more naturally as a command to buy insurance than as a tax. So now he’s back to what he originally said before he says it is a tax. \nAnd then he says this: And I, Chief \nJustice Roberts, would uphold it, talk-ing basically of future perfect tense. I would uphold it as a command if the Constitution allowed it. I would uphold it. \nHe’s writing for the majority. There’s \nno reason for him to have the first per-son pronoun ‘‘I’’ there. It doesn’t make sense. I don’t know. Maybe this part he was writing as a dissent, and all of a sudden found himself in the majority, and amazingly, nobody caught this problem of style in writing the opinion. It doesn’t make sense that a man \nthat smart would have a product this poor, using first person, criticizing an-other justice in the majority with him, then saying what he would do. Well, he is doing, he’s writing the majority opinion. He has no business saying that. \nAnd then he goes through, it says the \nStates also can end Medicaid, expan-sion exceeds authority under the spending clause. But basically he comes back and upholds it, and then strikes down that you can’t force the States to do these things. \nBut, I remind my friends, the Presi-\ndent says it’s absolutely not a tax. The only way this bill gets upheld is if the Supreme Court finds it is a tax after they find jurisdiction by saying it’s not a tax. \nBut this is the same President who \nsaid, if you like your health insurance, you’re going to keep it. He said, if you like your doctor, you can keep your doctor. We found those were lies. \nHe said, it’s going to bring down the \ncost of health care. In every indication we’ve seen, insurance has dramatically gone up. And I get tired of hearing peo-ple say, because their memories are poor in here across the aisle, well, look at the good things in here. Twenty-six year olds can be on their own parents’ insurance. Gee, you can buy insurance across State lines because of us. We’ve taken care of the unfairness that some insurance used with preexisting condi-tions as an exclusion. \nBut I would encourage my friends, I \nknow my colleagues here remember, back when they had the House, they had the Senate majority, they had the White House, Republicans, many of us begged them, let us do some bipartisan bills together because we can agree. It’s not a problem to let 26-year olds stay on your parents’ insurance. Heck, the insurance companies love that be-cause they are usually healthy. It’s not a big cost. So we were going to be able to agree on that. \nIt was a Republican, heck, John \nShadegg is the first one I ever heard saying you’ve got to sell insurance across State lines. That was a Repub-lican idea, so of course most of us sup-ported that. \nb1850 \nAs for the preexisting conditions, \nmost of us are aware of circumstances in which insurance companies have been grossly unfair in using that exclu-sion. We were prepared to reach some agreements and have bipartisan, stand-alone bills. I know that my friend Dr. P\nRICE out here had some concern about \nhealth care, his having devoted his life to it before government, trying to fix what government had done to health care. People have been concerned about it. We were willing to agree on these things, but they would not have it. \nSo to say without ObamaCare we \ndon’t have these other things is simply not true, and it forgets current history. We were ready to agree on standalone \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00270 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4429 June 28, 2012 \nbills. They didn’t want a bipartisan \nagreement. They wanted the whole brass ring and to shove it around our heads, around our necks, and eventu-ally down our throats, and that is what has happened. I’ve been amazed at how many people have picked up laws and started reading them, and I would en-courage them to read this opinion. It’s a very, very strange opinion. It con-tradicts itself on so many levels. \nObamaCare takes away religious \nfreedom. I’m Baptist. I see what they’re doing to the Catholics, and I don’t want to someday say, ‘‘I saw what they did to the Catholics, and I remained silent,’’ and eventually there was nobody to object when they did it to me. We all have to stand together, and I’m grateful to stand with my friends. \nOne other comment. I heard my Dem-\nocrat friends before we spoke say, with-out this ObamaCare bill, these clinics will die. \nThere have been clinics before the \nObamaCare bill that helped. We have some in my district, and they’re doing wonderful work. They need more help. The best are, really, charitable institu-tions. The clinics are not going to die. \nWhat came from the President’s \nmouth and was also in his town hall was when a woman in the White House, as part of the town hall, said, Mr. President, at an advanced age, my mother got a pacemaker. If the doctor had not met her, the cardiologist was not going to let her have a pacemaker. After he met her, he said, absolutely, and she has lived years beyond that since she has had a pacemaker. So would you consider someone’s quality of life under your panels—we know they don’t want to call them ‘‘death panels,’’ but whatever you want to call them—will they be able to consider the quality of life that people have before they agree or disagree to let them have a procedure? \nThe President beat around the bush \nas he did with Stephanopoulos—and you can find the transcript. It’s avail-able on the Net—and ultimately said, You know, maybe we’re just better off telling your mother to take a pain pill. You don’t get a pacemaker. You don’t get these additional years of life. You get a pain pill. \nSo, when our friends across the aisle \ntonight say that the clinics will die, I would humbly submit that, based on the President’s own words, it’s not the clinics that will die under this bill. \nI thank you so much for your gen-\nerous yielding of so much time. It’s a \nbad opinion, and I appreciate having the time to walk through some of it. \nMr. GRAVES of Georgia. I thank the \ngentleman from Texas for walking us through the opinion. \nI hope all those who are viewing this \nunderstand that this is about a tax now. This is a new taxing authority, in essence, a broadening of the taxing au-thority. As Mr. G\nOHMERT brought up, \nthis is unheard of. We will now have a Federal Government that can do what-ever it wants to do through taxation. In just thinking about the difference \nbetween ‘‘tax’’ and ‘‘penalty,’’ I guess one way to find out is, who do you send the check to, right? I mean, where is the bill coming from? I imagine it’s going to be from the Internal Revenue Service. I remember being on the Ap-propriations Committee and having the IRS before us. It was wanting hundreds of millions of more dollars to hire more people for the implementation of ObamaCare, and now we all know why, and we know what that agency or that department collects. \nSo here is the crux of the decision \ntoday: \nWhile the Court might have said, \nwell, the Federal Government can’t tell you what to do, they can sure as heck punish you through taxes if you don’t do what they want you to do, which is to be followed up here by my friend from Kansas (Mr. H\nUELSKAMP ) who has \ngot some great insight. \nThank you for joining us. Mr. HUELSKAMP. Thank you, Con-\ngressman G\nRAVES . I appreciate your \nleadership. Sometimes we wish there had been someone like you on the Court today. \nActually, before we forget, as for one \nof the five votes that upheld ObamaCare, in any other court of law, that Justice would have recused her-self. The decision might have only been 4–4. Justice Kagan should not have been in on this decision. In any other court, she would have been recused. If a lawyer had refused to recuse himself as a judge, he would have been vio-lating ethical rules. Every attorney in this country knows that, including the Chief Justice, and they said nothing. \nDo you know what? I’m not here to \ntalk specifically about that. You talked about taxes. Our other Con-gressman friend did as well. \nIn this bill, there are 21 tax increases \nby the definition of the Court, but I want to talk about two in particular because I believe, when we look back on the American system of a once lim-ited government, this day, June 28, 2012, will stand as the definitive date in the advance of government tyranny. In today’s ruling, a slim majority of the Court turned the Constitution on its head and ruled that the Federal Gov-ernment, in effect, can force upon the American people anything it darned well pleases so long as it’s called a ‘‘tax.’’ \nLet’s not forget that, when our \nFounding Fathers put everything on the line, risking life, limb, and prop-erty to make us an independent Na-tion, they did so in order to ensure that no man was taxed without representa-tion. They also asserted that every man and woman has inalienable rights that are not to be violated by the gov-ernment. They enshrined these con-cepts in the Declaration of Independ-ence and, ultimately, in our Constitu-tion. \nToday, in my opinion, the Supreme \nCourt offered a perverse interpretation of the Bill of Rights. Just across the street from here, they said that, even \nthough you have a right to do some-thing, the decision to exercise that right will incur a tax. The decision to exercise that right, said the Chief Jus-tice of the U.S. Supreme Court, will incur a tax. \nCan you imagine the limitless possi-\nbilities for Washington? Why not ex-tend this interpretation to other parts of the Constitution? For example, why not tax the exercise of your First Amendment rights? \nSure, you’ve got First Amendment \nrights. Send your Member of Congress a letter, but pay a fine to the govern-ment. That makes sense under this rul-ing. Sell a newspaper or publish a blog. Don’t forget to tell the IRS and the new 16,500 agents they want to hire to enforce it. What about a right to a fair and speedy trial? That’s guaranteed, but you know, that’s yours to have but for a fee. \nThat’s the lack of logic. For average \nAmericans who love their Constitution, these are guaranteed. They’re not al-lowed to be imposed if you pay the fine or the fee. \nOne thing in particular I want to \ntalk about, Congressman G\nRAVES , is \nthat, in addition to this health insur-ance mandate tax, the President’s health care law creates what is clearly a religion tax. A religion tax? Yes, you heard me right, and it’s even if you morally or ethically disagree with something being promoted. \nRight now, HHS Secretary Kathleen \nSebelius and former Governor of Kan-sas, look at her record. Most Ameri-cans would completely disagree with her moral views, but if you disagree with her mandates of the President’s health care plan, it doesn’t matter. You will still have to pay for it. If you dare to follow your conscience and, maybe, actually practice your faith or no faith whatsoever and refuse to par-ticipate, you will be fined. Why? You will be taxed because of what you be-lieve and your desire to live it out. You will be forced to give your hard-earned money to the IRS in Washington, D.C., because of what you believe. That, my friends, is a religion tax. It’s a faith tax. It’s a direct attack on our freedom of religion. \nNow, today the Court didn’t rule on \nthat. There are dozens and dozens and dozens of lawsuits coming on about the HHS mandate coming out of ObamaCare. This is the start: a tax on religion. \nI have an employer who sent me an \nemail. He said, Well, Tim, everybody is talking about the individual mandate. What about the employer mandate? I don’t want to cover abortions for my employees. I refuse to participate. \nHe will be fined $3,000 at a minimum \nfor every single employee. Why? Be-cause of what he believes. \nThat’s why we started this country— \nfor freedom to believe as we ought, not as the government or as the king or as \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00271 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4430 June 28, 2012 \nthe Chief Justice would have us be-\nlieve. But they didn’t address this di-rectly in this decision; they’ll be com-ing. This is a shocking attack, I be-lieve, on the first supreme right in the First Amendment, which is the right to believe in and follow the God one chooses. \nb1900 \nThe Supreme Court may not have \ndealt ObamaCare the death it deserved, but it’s incumbent upon each and every one of us here in Congress and each and every American. I would have loved to have witnessed a home run, knock it out of the park and say it’s clearly un-constitutional. Again, if Justice Kagan had been ethical, it would have been a 4–4 decision. They didn’t worry about that. Ethics doesn’t matter. It’s just the end. It’s kind of the Progressive Caucus approach. The end justifies the means, but not in America. \nI ask all Americans to realize this de-\ncision is not about health care. It’s about liberty. When we have created and designed a method by which future Congresses, future Presidents, can get around any limit in the Constitution— the Constitution is a limit on my power, on every power of every Member in this Chamber and every Member across the way and every President of the United States. That’s what the Constitution does. It doesn’t empower us. It takes away our power. \nThis Court today has said, if you call \nit a tax, if you use those three words— even though the Chief Justice says ‘‘la-bels don’t matter.’’ He said labels don’t matter, and then he turns around and says the word ‘‘tax’’ does matter. If you do that, it makes it suddenly con-stitutional—anything you do, includ-ing attacking the very faith that is held by the Chief Justice himself. It says, You cannot hold that faith, Mr. Chief Justice, unless you’re willing to be fined by your own government. \nThat is a travesty of justice in this \ncountry. \nWhat this means is we cannot over-\nturn this with this President in the White House. This has taken an issue, and people are ready to work on it and say, You know what? This is going to be the issue for November 6. This is the choice. Do you want the government to mandate and control everything in your lives, as long as they use that magic word? They love to use the ‘‘tax’’ word. If you allow them to do that, you allow them to be in every \npart of your life, which is an absolute contradiction to what this country was founded upon. \nI appreciate the leadership of many \nin this room. I am just a freshman. I was not here when this debate started last time, as some of these colleagues who have been fighting all along. But I tell you, if the folks in the First Dis-trict of Kansas are any indication of what Americans are saying all over, this is the time. They’re going to dust off that Constitution. They’re going to read it and say, My goodness. I don’t want to lose this. It’s too precious. We’re leading the world, and now is \nthe time to take back our government, take back our Constitution, and take back power out of Washington, D.C. \nI appreciate the leadership of the \ngentleman from Georgia. \nMr. GRAVES of Georgia. I thank the \ngentleman from Kansas for your words. \nRegarding unintended consequences, \nI can tell you there are going to be an amazing amount of unintended con-sequences with the Affordable Care Act, which I’m not sure that we can call it that anymore. I think it’s more like the Limited Care Act. It’s the Very Expensive Care Act. \nFor the Progressives that were here \nearlier—and I know many folks lis-tened to them—they were celebrating. They were excited. They were happy, gleeful; whereas, we’re lamenting but resolved to do away with this once and for all. \nWhy would they be gleeful? Because \nit’s their movement. That’s what they’ve been trying to do now for al-most 100 years, and that is increase the size of government, get it into the lives of the American people, dictate their behavior, and limit freedom. \nI read recently that part of their \nagenda is to divorce the Declaration of Independence and the Constitution. But to use one and to prop up on that one so they can almost sort of claim that they are for the founding of this Nation—and we heard earlier when they used the Declaration of Independ-ence: life, liberty, and the pursuit of happiness. They were celebrating that this was the right bill to be in law be-cause of life, liberty, and the pursuit of happiness. If you can claim that with this legislation, there are no bounds in which you can go with this Federal Government, there are no limits. \nAs the gentleman from Kansas just \nraised, this is clearly not about health care. This is about freedom, and this is about liberty and preserving it for fu-ture generations. \nI would like to yield to the gen-\ntleman from Louisiana (Mr. L\nANDRY ). \nMr. LANDRY. Thank you, Mr. \nGRAVES . \nMr. H UELSKAMP was just on the \nmark. I will venture to say that to-day’s ruling actually extinguishes the fire of life, liberty, and the pursuit of happiness. It destroys life, liberty, and that pursuit. \nThe question today for this country \ncan best be summed up by President Ronald Reagan when he said, back in the 1960s, in a speech: \nWill history write that those who had \nthe most to lose did the least to pre-vent it from happening? \nThis is a sad and tragic day for the \nConstitution. Where are the limits of our government? While the Court has answered that the Commerce Clause does have its limits and gives us that ruling, it takes away by saying that Congress has unlimited taxing power. Its limits are unlimited. I guess that Congress now, when it sees fit to regu-late an issue, an industry, need only now to turn to its taxing power, as Mr. \nH\nUELSKAMP said. \nThis law was sold to us as a mandate \nand not a tax. It was reaffirmed by the President that this is not a tax. Yet, when the arguments were made to its constitutionality, this administration took the position that it was a tax, and the Court agreed. \nLet’s see the taxes. In 2010, an excise \ntax on charitable hospitals was en-\nacted; the codification of the economic substance doctrine; a tax hike of $4.5 billion was implemented; a black liq-uor tax hike, a tax that increases on the type of biofuel; a tax on innovator drug companies was enacted; a BlueCross/BlueShield tax hike was en-acted; a tax on indoor canning services was enacted; a medicine cabinet tax, so that Americans are no longer able to use their FSAs, flexible spending ac-counts, or HRAs, their health reim-bursement pretax dollars to purchase nonprescription over-the-counter medi-cine was implemented; the HSA with-draw tax hike was implemented; a tax that will take effect this year, the em-ployer reporting of insurance on W–4s. \nWhere are they going with that, Mr. \nG\nRAVES ? Where are they going with \nthat? \nRemember, not long ago we had a big \ndebate about that, that now we’re going to report to the IRS the amount of your insurance policy that your em-ployer gives you on your W–4, because they want to tax that as income. \nAnd then taxes that will take effect \nin 2013: a surtax on investment income; a hike in the medical payroll tax. \nWait, the medical payroll tax? I \nthought we had a payroll tax holiday. Not in 2013. We’re going to get an in-crease. \nA tax on medical device manufactur-\ners; a flexible spending account cap that is going to affect those parents who have special needs kids. \nSo those parents who have special \nneeds kids that the other side of this aisle claims to always want to rep-resent, this health care law is now going to tax. \nAn elimination of the tax deduction \nfor employers that cover prescription drugs; a $500,000 annual executive com-pensation limit; an individual mandate excise tax; an employer mandate excise tax; a tax on health insurers. \nAnd last but not least, in 2018, an ex-\ncise tax on comprehensive health in-surance plans, which will affect union employees. \nThis ladder of success that we had in \nthis country has now had three rings of it removed, because now the govern-ment tells the individual, if you live below a certain poverty line, you will be given food, shelter, and now health care tax free, no requirement by you who is receiving these, to pay anything back to the government, zero. \nb1910 \nWhat is the incentive to climb? Be-\ncause the moment you start to climb, you lose these amenities and the gov-ernment starts to take from you. So \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00272 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4431 June 28, 2012 \nthe decision becomes, can I jump high \nenough to grab a rung so that I can then start paying back and get more of the amenities that the government was giving us and I was provided? \nLet me conclude as I began, by ask-\ning: Will those who have the most to lose do the least to prevent it from happening? And as I spend time in this city, I have come to realize that the gi-ants of America who have been memo-rialized for their great contributions to our society did not contribute with the goal of being memorialized but did what was right and just in the eyes of the Lord, with no ego and no agenda other than for the greater good. And that is what this country so des-perately needs. We need those giants. \nMr. GRAVES of Georgia. I thank the \ngentleman from Louisiana. \nYou brought up one major compo-\nnent of all this legislation. I remember in one of the State of the Unions, the President said, We need tax reform. Tax reform. \nI think he got tax reform in this law. \nWhat did you say? Twenty-one new taxes are being implemented because of ObamaCare? There are 21 new taxes, and yet the Progressives earlier said, No, this is great for America. Free health care. Affordable health care. No one has to pay. They’ll actually get credits back. \nSomebody’s got to pay. That’s the \nway this place works. Whenever they’re promising you something, they’re taking from someone else. And you just laid out 21 different areas that impact every American that the Presi-dent promised he wouldn’t raise taxes on. So I appreciate you doing that. \nAnd next, the other component of it \nis, what’s left? What really was in this health care law, this Big Government expansion, this overreach into the homes of American families? A tremen-dous amount is left. \nI know Dr. P\nRICE from Georgia has \nbeen leading the fight not only against this measure, but for positive patient- centered and patient-driven measures as well. And I want to thank you for joining us and sharing with us. \nMr. PRICE of Georgia. Thank you, \nMr. G\nRAVES , so very much. I want to \ncommend you for your work on this issue and your leadership for principled solutions, principled solutions in the area of health care and everywhere else. \nI know that Republicans think every \nday is the Fourth of July and Demo-crats think that every day is April 15. Why would I say that? Today we’ve been highlighting it in this conversa-tion we’re having here, because our friends on the other side of the aisle be-lieve that every day is another day to raise taxes. \nToday the Supreme Court of the \nUnited States said, If you want to raise taxes, have at it. Raise them as high as you want. In fact, the Democrats are so incredibly happy this day because it’s not just that they can now raise taxes or fight to raise taxes on what we do, but goodness gracious, they can fight \nto raise taxes on what we don’t do. In fact, if you don’t do something, then the Federal Government can say, Oh, you’d better do that or we’re going to raise your taxes. And that is exactly what the Court said today, which confounds and astounds everybody. \nI was privileged to sit in the Court \ntoday, though, and hear the reading of the ruling, and Chief Justice Roberts said one thing that I found very, very interesting. He said, ‘‘It’s not our job to protect citizens from their political decisions.’’ \n‘‘It’s not our job to protect citizens \nfrom their political decisions.’’ And that’s exactly what this was. This deci-sion was fixed on Election Day in 2008. This decision came down on Election Day 2008. \nAs a physician, I want to talk for a \nvery brief moment here about the in-credible importance of Election Day 2012 because, as you said, Mr. G\nRAVES , \nthere are a lot of things in this bill that we’re not just talking about money. As a physician, I know what we’re talking about is people’s lives, the health care of the American people. And nothing could be so important, nothing could be so personal. \nAnd what the Court said today is, Let \nthe things in there stand. The $500 bil-lion reduction, the $500 billion decrease from the Medicare program—taking the Medicare program and saying, You don’t need that money, seniors in this country. You don’t need that money. We’re going to use it over here. \nWhat does that mean? What that \nmeans is that those seniors—your par-ents, your grandparents, the parents and grandparents of this great country, the people of the Greatest Generation cited by this country, are now going to have diminished health care. \nAnd how are they going to do it? \nThey’re not going to do it through the front door. They’re not going to say, We’re going to decrease this care for you transparently, openly. Oh, no. They’re going to do it through the backdoor, something called the Inde-pendent Payment Advisory Board that we’ve talked about before, the 15-mem-ber bureaucratic panel. Nonelected in-dividuals are going to have the power, under this law, to say, Dr. Smith, you can’t do that for Mrs. Jones. If you do it, we’re not going to pay you. That’s the coercive power of this government. That’s the coercive power that this Court today said is okay. \nWell, Mr. G\nRAVES , you and I both \nknow that it’s not okay for us, and it’s not okay for the American people. And that’s why we stand here tonight, and we say with every ounce of our being that the election that occurred in 2008 may have written this in stone, but there are some sandblasters out there. And what we’re going to do between now and the first Tuesday in November is to make certain that the American people understand and appreciate that there are folks in this town who are fighting as hard as we can to uphold the rule of law, to uphold the Constitu-\ntion, and to adhere to those funda-mental principles, especially in health care—the principles of affordability and accessibility and quality and choices for the American people. \nThe bad news was written today. The \ngood news is that you can solve all of these challenges in health care without putting the Federal Government in charge of the thing. We’ve got the solu-tions. We’ve talked about them before. We’ll be going on the road now talking about them from now until November, because the American people want to know that there is somebody fighting for them in this town on their behalf. And we are. \nWhat we need from the American \npeople is for them to stand up and say, No more. We will not tolerate a govern-ment that will reach into our lives and destroy quality health care in this country to the degree that the Court said it was okay to do today. \nI thank my friend for the wonderful \nwork you are doing and for yielding me this time. \nMr. GRAVES of Georgia. I thank the \ngentleman from Georgia. \nNot only are you a physician—you \nare not here speaking on behalf of phy-sicians. You are here speaking on be-half of patients all across this country and defending them. And I appreciate the great fight that you are putting on and the resolve that you have for each of us, as you are leading us here as Re-publicans here in the House. \nAs we go into the last 5 minutes here \nwith the gentleman from Utah (Mr. B\nISHOP ), he brought up the government \nright now taxes us on what we do or consume, but this is a first in which the government can now tax you on what you don’t do. That’s an amazing concept. I hadn’t really thought of it that way until Mr. P\nRICE brought it up. \nSo now the Federal Government has \nmoved into a realm which has never been here before, saying, Hey, because you’re not doing something, I’m going to tax you. So I’m going to determine what it is that you should be doing that you are not doing so, therefore, I can collect a little revenue. And here we are today with something such as this. \nAs we are just wrapping up this spir-\nited discussion here, earlier, Mr. B\nISHOP , you heard the Progressives \ncelebrating this decision today. \nWhat were they celebrating? The \nFederal Government can tax you if you do something. But today’s celebration was the fact that the Federal Govern-ment can tax you when you don’t do something. \nI appreciate you joining us tonight \nand giving your thoughts from the great State of Utah. \nMr. BISHOP of Utah. I appreciate the \ngentleman for yielding me a few mo-ments here. Truly, this is a unique day. And I’m happy to join my colleagues in talking about this particular issue. \nYou know, the old cliche is simply, a \nSupreme Court decision should not be \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00273 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4432 June 28, 2012 \nconfused with constitutional prin-\nciples. Today we had one case brought by States to the Supreme Court. And the administration has always said, This ObamaCare is not a tax. It is not a tax. \nWell, the Court said, on five of the \nnine decisions, Yes, it is a tax. And I guess it’s legal if you call it a tax. Four of the nine said not even that’s good enough; but, nonetheless, it’s a tax. \nb1920 \nIt’s appropriate that we talk about \nthat power of taxing because the most famous of all cases, McCulloch v. Maryland, which was one the major de-cisions actually made in this particular building, simply said the power to tax is the power to destroy. And we have that in front of us right now. \nI don’t think we should’ve expected \njudges to do what the legislative branch—in this case, Congress—ought do. And I think it’s positive that we move forward in this effort to make sure that this program does not go into effect and we take concerns for our constituents and maybe even learn something from it. \nThe idea of judicial review didn’t \nexist for the first decade and a half of this country. Marbury v. Madison didn’t happen until almost 15 years into the country. Washington, in the Constitutional Convention, also thought the veto should be what deter-mined constitutionality, kind of execu-tive review, and Jefferson always said there should be legislative review. \nSo I think perhaps our Founding Fa-\nthers thought all branches should be involved in that kind of concept. And I think there should be a fourth one added to it, which is the States at the same time, who started this process of going to the courts. But we don’t come on this floor often and quote anti-Fed-eralists because they lost. However, I want to today, because even though they were wrong on the Constitution, every once in a while they were right on some of the concepts. \nSo in the ‘‘17th Letter from a Fed-\neralist Farmer,’’ written either by Melancthon Smith or one of the Lees of Virginia—no one really knows who ac-tually did it—he talked about this idea that the States, if we have the concept of federalism, should have some power to do some real things. He simply said: \nI have often heard it observed that our peo-\nple are well informed and will not submit to oppressive governments, that the State gov-ernments will be ready advocates. But of what avail will these circumstances be if the State governments, thus allowed to be guardians of the people, possess no kind of power to stop the laws of Congress injurious to the people? \nOne of the things they quickly said is \nStates really don’t have the concept or the power to actually involve them-selves in this particular issue. There are some concepts that are out there. The repeal amendment, which is pro-posed by some legal scholars and has been proposed by some State organiza-tions, would actually give a tool for States to be involved in this discussion \nbecause it impacts those States. Right now, they simply have to accept what takes place here in the rarified air by the Potomac River. \nBut, indeed, if we gave the States a \ntool so if enough States were to ban to-gether to say, No, we disagree with this rule, we disagree with this regulation, we disagree with this law, we even dis-agree with this Supreme Court deci-sion, the States would have the ability to add a new check and a new balance to make sure that the common people of this country have some kind of voice in these decisions. \nI think one of the things we should \nlearn from today’s decision is that we desperately need another check and balance in our process to make fed-eralism a realistic and real term, and that means to involve the States in giving them some powers to have real decisions, not so they have to come to us as they have so far, begging, but so they can actually have a say. I think we would be better off as a Nation if we did it. \nThis decision today, if nothing more, \nshould add a resolve for us to solve a political problem politically, to do it here in the Halls of Congress, but maybe add another player in this proc-ess—the States—so they also have a say in this power to tax, which is the power to destroy. \nI realize we’re coming close to time. \nI want to give my good friend from Georgia the chance of giving the final word on this particular issue, and I ap-preciate his efforts to organize this op-portunity to talk about what has hap-pened today. \nMr. GRAVES of Georgia. Thank you \nfor your comments tonight and your great insight and reflecting back on early documents and early words that have been shared. \nMr. Speaker, as we conclude tonight, \nI want the American people to know that we are resolved to restore the lib-erty that was lost today through the full repeal of ObamaCare. That will be our focus as Republicans in the House. \nI yield back the balance of my time. \nf \nCONFERENCE REPORT ON H.R. 4348, \nMOVING AHEAD FOR PROGRESS IN THE 21ST CENTURY ACT \nMr. MICA (during the Special Order \nof Mr. G\nRAVES of Georgia) submitted \nthe following conference report and statement on the bill (H.R. 4348) to pro-vide an extension of Federal-aid high-way, highway safety, motor carrier safety, transit, and other programs funded out of the Highway Trust Fund pending enactment of a multiyear law reauthorizing such programs, and for other purposes: \nCONFERENCE REPORT (H. R EPT. 112–557) \nThe committee of conference on the dis-\nagreeing votes of the two Houses on the amendment of the Senate to the bill (H.R. 4348), to provide an extension of Federal-aid highway, highway safety, motor carrier safe-ty, transit, and other programs funded out of the Highway Trust Fund pending enactment \nof a multiyear law reauthorizing such pro-grams, and for other purposes, having met, after full and free conference, have agreed to recommend and do recommend to their re-spective Houses as follows: \nThat the House recede from its disagree-\nment to the amendment of the Senate to the text of the bill and agree to the same with an amendment as follows: \nIn lieu of the matter proposed to be in-\nserted by the Senate amendment, insert the following: \nSECTION 1. SHORT TITLE; ORGANIZATION OF ACT \nINTO DIVISIONS; TABLE OF CON-TENTS. \n(a) S HORT TITLE.—This Act may be cited as \nthe ‘‘Moving Ahead for Progress in the 21st Cen-tury Act’’ or the ‘‘MAP–21’’. \n(b) D\nIVISIONS .—This Act is organized into 8 \ndivisions as follows: \n(1) Division A–Federal-aid Highways and \nHighway Safety Construction Programs. \n(2) Division B–Public Transportation. (3) Division C–Transportation Safety and Sur-\nface Transportation Policy. \n(4) Division D–Finance. (5) Division E–Research and Education. (6) Division F–Miscellaneous. (7) Division G–Surface Transportation Exten-\nsion. \n(8) Division H–Budgetary Effects. (c) T\nABLE OF CONTENTS .—The table of con-\ntents for this Act is as follows: \nSec. 1. Short title; organization of Act into divi-\nsions; table of contents. \nSec. 2. Definitions. Sec. 3. Effective date. \nDIVISION A—FEDERAL-AID HIGHWAYS \nAND HIGHWAY SAFETY CONSTRUCTION PROGRAMS \nTITLE I—FEDERAL-AID HIGHWAYS \nSubtitle A—Authorizations and Programs \nSec. 1101. Authorization of appropriations. \nSec. 1102. Obligation ceiling. Sec. 1103. Definitions. Sec. 1104. National Highway System. Sec. 1105. Apportionment. Sec. 1106. National highway performance pro-\ngram. \nSec. 1107. Emergency relief. Sec. 1108. Surface transportation program. Sec. 1109. Workforce development. Sec. 1110. Highway use tax evasion projects. Sec. 1111. National bridge and tunnel inventory \nand inspection standards. \nSec. 1112. Highway safety improvement pro-\ngram. \nSec. 1113. Congestion mitigation and air quality \nimprovement program. \nSec. 1114. Territorial and Puerto Rico highway \nprogram. \nSec. 1115. National freight policy. Sec. 1116. Prioritization of projects to improve \nfreight movement. \nSec. 1117. State freight advisory committees. Sec. 1118. State freight plans. Sec. 1119. Federal lands and tribal transpor-\ntation programs. \nSec. 1120. Projects of national and regional sig-\nnificance. \nSec. 1121. Construction of ferry boats and ferry \nterminal facilities. \nSec. 1122. Transportation alternatives. Sec. 1123. Tribal high priority projects program. \nSubtitle B—Performance Management \nSec. 1201. Metropolitan transportation plan-\nning. \nSec. 1202. Statewide and nonmetropolitan \ntransportation planning. \nSec. 1203. National goals and performance man-\nagement measures. \nSubtitle C—Acceleration of Project Delivery \nSec. 1301. Declaration of policy and project de-\nlivery initiative. \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00274 Fmt 4634 Sfmt 6343 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4433 June 28, 2012 \nSec. 1302. Advance acquisition of real property \ninterests. \nSec. 1303. Letting of contracts. Sec. 1304. Innovative project delivery methods. Sec. 1305. Efficient environmental reviews for \nproject decisionmaking. \nSec. 1306. Accelerated decisionmaking. Sec. 1307. Assistance to affected Federal and \nState agencies. \nSec. 1308. Limitations on claims. Sec. 1309. Accelerating completion of complex \nprojects within 4 years. \nSec. 1310. Integration of planning and environ-\nmental review. \nSec. 1311. Development of programmatic mitiga-\ntion plans. \nSec. 1312. State assumption of responsibility for \ncategorical exclusions. \nSec. 1313. Surface transportation project deliv-\nery program. \nSec. 1314. Application of categorical exclusions \nfor multimodal projects. \nSec. 1315. Categorical exclusions in emer-\ngencies. \nSec. 1316. Categorical exclusions for projects \nwithin the right-of-way. \nSec. 1317. Categorical exclusion for projects of \nlimited Federal assistance. \nSec. 1318. Programmatic agreements and addi-\ntional categorical exclusions. \nSec. 1319. Accelerated decisionmaking in envi-\nronmental reviews. \nSec. 1320. Memoranda of agency agreements for \nearly coordination. \nSec. 1321. Environmental procedures initiative. Sec. 1322. Review of State environmental re-\nviews and approvals for the pur-pose of eliminating duplication of environmental reviews. \nSec. 1323. Review of Federal project and pro-\ngram delivery. \nSubtitle D—Highway Safety \nSec. 1401. Jason’s law. \nSec. 1402. Open container requirements. Sec. 1403. Minimum penalties for repeat offend-\ners for driving while intoxicated or driving under the influence. \nSec. 1404. Adjustments to penalty provisions. Sec. 1405. Highway worker safety. \nSubtitle E—Miscellaneous \nSec. 1501. Real-time ridesharing. \nSec. 1502. Program efficiencies. Sec. 1503. Project approval and oversight. Sec. 1504. Standards. Sec. 1505. Justification reports for access points \non the Interstate System. \nSec. 1506. Construction. Sec. 1507. Maintenance. Sec. 1508. Federal share payable. \nSec. 1509. Transferability of Federal-aid high-\nway funds. \nSec. 1510. Idle reduction technology. Sec. 1511. Special permits during periods of na-\ntional emergency. \nSec. 1512. Tolling. Sec. 1513. Miscellaneous parking amendments. Sec. 1514. HOV facilities. Sec. 1515. Funding flexibility for transportation \nemergencies. \nSec. 1516. Defense access road program en-\nhancements to address transpor-tation infrastructure in the vicin-ity of military installations. \nSec. 1517. Mapping. Sec. 1518. Buy America provisions. Sec. 1519. Consolidation of programs; repeal of \nobsolete provisions. \nSec. 1520. Denali Commission. Sec. 1521. Uniform Relocation Assistance and \nReal Property Acquisition Policies Act of 1970 amendments. \nSec. 1522. Extension of public transit vehicle ex-\nemption from axle weight restric-tions. \nSec. 1523. Use of debris from demolished bridges \nand overpasses. \nSec. 1524. Use of youth service and conserva-\ntion corps. Sec. 1525. State autonomy for culvert pipe selec-\ntion. \nSec. 1526. Evacuation routes. Sec. 1527. Consolidation of grants. Sec. 1528. Appalachian development highway \nsystem. \nSec. 1529. Engineering judgment. Sec. 1530. Transportation training and employ-\nment programs. \nSec. 1531. Notice of certain grant awards. Sec. 1532. Budget justification. Sec. 1533. Prohibition on use of funds for auto-\nmated traffic enforcement. \nSec. 1534. Public-private partnerships. Sec. 1535. Report on Highway Trust Fund ex-\npenditures. \nSec. 1536. Sense of Congress on harbor mainte-\nnance. \nSec. 1537. Estimate of harbor maintenance \nneeds. \nSec. 1538. Asian carp. Sec. 1539. Rest areas. \nSubtitle F—Gulf Coast Restoration \nSec. 1601. Short title. \nSec. 1602. Gulf Coast Restoration Trust Fund. Sec. 1603. Gulf Coast natural resources restora-\ntion and economic recovery. \nSec. 1604. Gulf Coast Ecosystem Restoration \nScience, Observation, Monitoring, and Technology program. \nSec. 1605. Centers of excellence research grants. Sec. 1606. Effect. Sec. 1607. Restoration and protection activity \nlimitations. \nSec. 1608. Inspector General. \nTITLE II—AMERICA FAST FORWARD \nFINANCING INNOVATION \nSec. 2001. Short title. \nSec. 2002. Transportation Infrastructure Fi-\nnance and Innovation Act of 1998 amendments. \nDIVISION B—PUBLIC TRANSPORTATION \nSec. 20001. Short title. \nSec. 20002. Repeals. Sec. 20003. Policies and purposes. Sec. 20004. Definitions. Sec. 20005. Metropolitan transportation plan-\nning. \nSec. 20006. Statewide and nonmetropolitan \ntransportation planning. \nSec. 20007. Urbanized area formula grants. Sec. 20008. Fixed guideway capital investment \ngrants. \nSec. 20009. Mobility of seniors and individuals \nwith disabilities. \nSec. 20010. Formula grants for rural areas. \nSec. 20011. Research, development, demonstra-\ntion, and deployment projects. \nSec. 20012. Technical assistance and standards \ndevelopment. \nSec. 20013. Private sector participation. Sec. 20014. Bus testing facilities. Sec. 20015. Human resources and training. Sec. 20016. General provisions. Sec. 20017. Public Transportation Emergency \nRelief Program. \nSec. 20018. Contract requirements. Sec. 20019. Transit asset management. Sec. 20020. Project management oversight. Sec. 20021. Public transportation safety. Sec. 20022. Alcohol and controlled substances \ntesting. \nSec. 20023. Nondiscrimination. Sec. 20024. Administrative provisions. Sec. 20025. National transit database. Sec. 20026. Apportionment of appropriations for \nformula grants. \nSec. 20027. State of good repair grants. Sec. 20028. Authorizations. Sec. 20029. Bus and bus facilities formula \ngrants. \nSec. 20030. Technical and conforming amend-\nments. \nDIVISION C—TRANSPORTATION SAFETY \nAND SURFACE TRANSPORTATION POLICY \nTITLE I—MOTOR VEHICLE AND HIGHWAY \nSAFETY IMPROVEMENT ACT OF 2012 \nSec. 31001. Short title. \nSec. 31002. Definition. Subtitle A—Highway Safety \nSec. 31101. Authorization of appropriations. \nSec. 31102. Highway safety programs. Sec. 31103. Highway safety research and devel-\nopment. \nSec. 31104. National driver register. Sec. 31105. National priority safety programs. Sec. 31106. High visibility enforcement program. Sec. 31107. Agency accountability. Sec. 31108. Emergency medical services. Sec. 31109. Repeal of programs. \nSubtitle B—Enhanced Safety Authorities \nSec. 31201. Definition of motor vehicle equip-\nment. \nSec. 31202. Permit reminder system for non-use \nof safety belts. \nSec. 31203. Civil penalties. Sec. 31204. Motor vehicle safety research and \ndevelopment. \nSec. 31205. Odometer requirements. Sec. 31206. Increased penalties and damages for \nodometer fraud. \nSec. 31207. Extend prohibitions on importing \nnoncompliant vehicles and equip-ment to defective vehicles and equipment. \nSec. 31208. Conditions on importation of vehi-\ncles and equipment. \nSec. 31209. Port inspections; samples for exam-\nination or testing. \nSubtitle C—Transparency and Accountability \nSec. 31301. Public availability of recall informa-\ntion. \nSec. 31302. National Highway Traffic Safety \nAdministration outreach to manu-facturer, dealer, and mechanic personnel. \nSec. 31303. Public availability of communica-\ntions to dealers. \nSec. 31304. Corporate responsibility for National \nHighway Traffic Safety Adminis-tration reports. \nSec. 31305. Passenger motor vehicle information \nprogram. \nSec. 31306. Promotion of vehicle defect report-\ning. \nSec. 31307. Whistleblower protections for motor \nvehicle manufacturers, part sup-pliers, and dealership employees. \nSec. 31308. Anti-revolving door. Sec. 31309. Study of crash data collection. Sec. 31310. Update means of providing notifica-\ntion; improving efficacy of recalls. \nSec. 31311. Expanding choices of remedy avail-\nable to manufacturers of replace-ment equipment. \nSec. 31312. Recall obligations and bankruptcy \nof manufacturer. \nSec. 31313. Repeal of insurance reports and in-\nformation provision. \nSec. 31314. Monroney sticker to permit addi-\ntional safety rating categories. \nSubtitle D—Vehicle Electronics and Safety \nStandards \nSec. 31401. National Highway Traffic Safety \nAdministration electronics, soft-ware, and engineering expertise. \nSec. 31402. Electronic systems performance. \nSubtitle E—Child Safety Standards \nSec. 31501. Child safety seats. \nSec. 31502. Child restraint anchorage systems. Sec. 31503. Rear seat belt reminders. Sec. 31504. Unattended passenger reminders. Sec. 31505. New deadline. \nSubtitle F—Improved Daytime and Nighttime \nVisibility of Agricultural Equipment \nSec. 31601. Rulemaking on visibility of agricul-\ntural equipment. \nTITLE II—COMMERCIAL MOTOR VEHICLE \nSAFETY ENHANCEMENT ACT OF 2012 \nSec. 32001. Short title. \nSec. 32002. References to title 49, United States \nCode. \nSubtitle A—Commercial Motor Vehicle \nRegistration \nSec. 32101. Registration of motor carriers. \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00275 Fmt 4634 Sfmt 6343 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4434 June 28, 2012 \nSec. 32102. Safety fitness of new operators. \nSec. 32103. Reincarnated carriers. Sec. 32104. Financial responsibility require-\nments. \nSec. 32105. USDOT number registration require-\nment. \nSec. 32106. Registration fee system. Sec. 32107. Registration update. Sec. 32108. Increased penalties for operating \nwithout registration. \nSec. 32109. Revocation of registration for immi-\nnent hazard. \nSec. 32110. Revocation of registration and other \npenalties for failure to respond to subpoena. \nSec. 32111. Fleetwide out of service order for op-\nerating without required registra-tion. \nSec. 32112. Motor carrier and officer patterns of \nsafety violations. \nSubtitle B—Commercial Motor Vehicle Safety \nSec. 32201. Crashworthiness standards. \nSec. 32202. Canadian safety rating reciprocity. \nSec. 32203. State reporting of foreign commer-\ncial driver convictions. \nSec. 32204. Authority to disqualify foreign com-\nmercial drivers. \nSec. 32205. Revocation of foreign motor carrier \noperating authority for failure to pay civil penalties. \nSec. 32206. Rental truck accident study. \nSubtitle C—Driver Safety \nSec. 32301. Hours of service study and elec-\ntronic logging devices. \nSec. 32302. Driver medical qualifications. Sec. 32303. Commercial driver’s license notifica-\ntion system. \nSec. 32304. Commercial motor vehicle operator \ntraining. \nSec. 32305. Commercial driver’s license program. Sec. 32306. Commercial motor vehicle driver in-\nformation systems. \nSec. 32307. Employer responsibilities. Sec. 32308. Program to assist Veterans to ac-\nquire commercial driver’s licenses. \nSubtitle D—Safe Roads Act of 2012 \nSec. 32401. Short title. \nSec. 32402. National clearinghouse for con-\ntrolled substance and alcohol test results of commercial motor vehi-cle operators. \nSubtitle E—Enforcement \nSec. 32501. Inspection demand and display of \ncredentials. \nSec. 32502. Out of service penalty for denial of \naccess to records. \nSec. 32503. Penalties for violation of operation \nout of service orders. \nSec. 32504. Impoundment and immobilization of \ncommercial motor vehicles for im-minent hazard. \nSec. 32505. Increased penalties for evasion of \nregulations. \nSec. 32506. Violations relating to commercial \nmotor vehicle safety regulation and operators. \nSec. 32507. Emergency disqualification for immi-\nnent hazard. \nSec. 32508. Disclosure to State and local law en-\nforcement agencies. \nSec. 32509. Grade crossing safety regulations. \nSubtitle F—Compliance, Safety, Accountability \nSec. 32601. Motor carrier safety assistance pro-\ngram. \nSec. 32602. Performance and registration infor-\nmation systems management pro-gram. \nSec. 32603. Authorization of appropriations. Sec. 32604. Grants for commercial driver’s li-\ncense program implementation. \nSec. 32605. Commercial vehicle information sys-\ntems and networks. \nSubtitle G—Motorcoach Enhanced Safety Act of \n2012 \nSec. 32701. Short title. Sec. 32702. Definitions. \nSec. 32703. Regulations for improved occupant \nprotection, passenger evacuation, and crash avoidance. \nSec. 32704. Fire prevention and mitigation. Sec. 32705. Occupant protection, collision \navoidance, fire causation, and fire extinguisher research and testing. \nSec. 32706. Concurrence of research and rule-\nmaking. \nSec. 32707. Improved oversight of motorcoach \nservice providers. \nSec. 32708. Report on feasibility, benefits, and \ncosts of establishing a system of certification of training programs. \nSec. 32709. Commercial driver’s license pas-\nsenger endorsement requirements. \nSec. 32710. Safety inspection program for com-\nmercial motor vehicles of pas-sengers. \nSec. 32711. Regulations. \nSubtitle H—Safe Highways and Infrastructure \nPreservation \nSec. 32801. Comprehensive truck size and \nweight limits study. \nSec. 32802. Compilation of existing State truck \nsize and weight limit laws. \nSubtitle I—Miscellaneous \nPART I—M\nISCELLANEOUS \nSec. 32911. Prohibition of coercion. \nSec. 32912. Motor carrier safety advisory com-\nmittee. \nSec. 32913. Waivers, exemptions, and pilot pro-\ngrams. \nSec. 32914. Registration requirements. Sec. 32915. Additional motor carrier registration \nrequirements. \nSec. 32916. Registration of freight forwarders \nand brokers. \nSec. 32917. Effective periods of registration. Sec. 32918. Financial security of brokers and \nfreight forwarders. \nSec. 32919. Unlawful brokerage activities. \nPART II—H\nOUSEHOLD GOODS TRANSPORTATION \nSec. 32921. Additional registration requirements \nfor household goods motor car-riers. \nSec. 32922. Failure to give up possession of \nhousehold goods. \nSec. 32923. Settlement authority. \nPART III—T\nECHNICAL AMENDMENTS \nSec. 32931. Update of obsolete text. \nSec. 32932. Correction of interstate commerce \ncommission references. \nSec. 32933. Technical and conforming amend-\nments. \nSec. 32934. Exemptions from requirements for \ncovered farm vehicles. \nTITLE III—HAZARDOUS MATERIALS \nTRANSPORTATION SAFETY IMPROVE-MENT ACT OF 2012 \nSec. 33001. Short title. \nSec. 33002. Definition. Sec. 33003. References to title 49, United States \nCode. \nSec. 33004. Training for emergency responders. Sec. 33005. Paperless Hazard Communications \nPilot Program. \nSec. 33006. Improving data collection, analysis, \nand reporting. \nSec. 33007. Hazardous material technical assess-\nment, research and development, and analysis program. \nSec. 33008. Hazardous Material Enforcement \nTraining. \nSec. 33009. Inspections. Sec. 33010. Civil penalties. Sec. 33011. Reporting of fees. Sec. 33012. Special permits, approvals, and ex-\nclusions. \nSec. 33013. Highway routing disclosures. Sec. 33014. Motor carrier safety permits. Sec. 33015. Wetlines. Sec. 33016. Hazmat employee training require-\nments and grants. \nSec. 33017. Authorization of appropriations. TITLE IV—SPORT FISH RESTORATION AND \nRECREATIONAL BOATING SAFETY ACT OF 2012 \nSec. 34001. Short title. \nSec. 34002. Amendment of Federal Aid in Sport \nFish Restoration Act. \nTITLE V—MISCELLANEOUS \nSec. 35001. Overflights in Grand Canyon Na-\ntional Park. \nSec. 35002. Commercial air tour operations. Sec. 35003. Qualifications for public aircraft \nstatus. \nDIVISION D—FINANCE \nSec. 40001. Short title. TITLE I—EXTENSION OF HIGHWAY TRUST \nFUND EXPENDITURE AUTHORITY AND RELATED TAXES \nSec. 40101. Extension of trust fund expenditure \nauthority. \nSec. 40102. Extension of highway-related taxes. \nTITLE II—REVENUE PROVISIONS \nSubtitle A—Leaking Underground Storage Tank \nTrust Fund \nSec. 40201. Transfer from Leaking Underground \nStorage Tank Trust Fund to Highway Trust Fund. \nSubtitle B—Pension Provisions \nPART I—P\nENSION FUNDING STABILIZATION \nSec. 40211. Pension funding stabilization. \nPART II—PBGC P REMIUMS \nSec. 40221. Single employer plan annual pre-\nmium rates. \nSec. 40222. Multiemployer annual premium \nrates. \nPART III—I MPROVEMENTS OF PBGC \nSec. 40231. Pension Benefit Guaranty Corpora-\ntion Governance Improvement. \nSec. 40232. Participant and plan sponsor advo-\ncate. \nSec. 40233. Quality control procedures for the \nPension Benefit Guaranty Cor-poration. \nSec. 40234. Line of credit repeal. \nPART IV—T\nRANSFERS OF EXCESS PENSION \nASSETS \nSec. 40241. Extension for transfers of excess \npension assets to retiree health accounts. \nSec. 40242. Transfer of excess pension assets to \nretiree group term life insurance accounts. \nSubtitle C—Additional Transfers to Highway \nTrust Fund \nSec. 40251. Additional transfers to Highway \nTrust Fund. \nDIVISION E—RESEARCH AND EDUCATION \nSec. 50001. Short title. \nTITLE I—FUNDING \nSec. 51001. Authorization of appropriations. \nTITLE II—RESEARCH, TECHNOLOGY, AND \nEDUCATION \nSec. 52001. Research, technology, and edu-\ncation. \nSec. 52002. Surface transportation research, de-\nvelopment, and technology. \nSec. 52003. Research and technology develop-\nment and deployment. \nSec. 52004. Training and education. Sec. 52005. State planning and research. \nSec. 52006. International highway transpor-\ntation program. \nSec. 52007. Surface transportation environ-\nmental cooperative research pro-gram. \nSec. 52008. National cooperative freight re-\nsearch. \nSec. 52009. University transportation centers \nprogram. \nSec. 52010. University transportation research. Sec. 52011. Bureau of Transportation Statistics. Sec. 52012. Administrative authority. \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00276 Fmt 4634 Sfmt 6343 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4435 June 28, 2012 \nSec. 52013. Transportation research and devel-\nopment strategic planning. \nTITLE III—INTELLIGENT \nTRANSPORTATION SYSTEMS RESEARCH \nSec. 53001. Use of funds for ITS activities. \nSec. 53002. Goals and purposes. Sec. 53003. General authorities and require-\nments. \nSec. 53004. Research and development. Sec. 53005. National architecture and stand-\nards. \nSec. 53006. Vehicle-to-vehicle and vehicle-to-in-\nfrastructure communications sys-tems deployment. \nDIVISION F—MISCELLANEOUS \nTITLE I—REAUTHORIZATION OF CERTAIN \nPROGRAMS \nSubtitle A—Secure Rural Schools and \nCommunity Self-determination Program \nSec. 100101. Secure Rural Schools and Commu-\nnity Self-Determination Program. \nSubtitle B—Payment in Lieu of Taxes Program \nSec. 100111. Payments in lieu of taxes. \nSubtitle C—Offsets \nSec. 100121. Phased retirement authority. \nSec. 100122. Roll-your-own cigarette machines. Sec. 100123. Change in FMAP increase for dis-\naster recovery states. \nSec. 100124. Repeals. Sec. 100125. Limitation on payments from the \nAbandoned Mine Reclamation Fund. \nTITLE II—FLOOD INSURANCE \nSubtitle A—Flood Insurance Reform and \nModernization \nSec. 100201. Short title. \nSec. 100202. Definitions. Sec. 100203. Extension of National Flood Insur-\nance Program. \nSec. 100204. Availability of insurance for multi-\nfamily properties. \nSec. 100205. Reform of premium rate structure. Sec. 100207. Premium adjustment. Sec. 100208. Enforcement. Sec. 100209. Escrow of flood insurance pay-\nments. \nSec. 100210. Minimum deductibles for claims \nunder the National Flood Insur-ance Program. \nSec. 100211. Considerations in determining \nchargeable premium rates. \nSec. 100212. Reserve fund. Sec. 100213. Repayment plan for borrowing au-\nthority. \nSec. 100214. Payment of condominium claims. Sec. 100215. Technical mapping advisory coun-\ncil. \nSec. 100216. National flood mapping program. Sec. 100217. Scope of appeals. Sec. 100218. Scientific Resolution Panel. Sec. 100219. Removal of limitation on State con-\ntributions for updating flood maps. \nSec. 100220. Coordination. Sec. 100221. Interagency coordination study. Sec. 100222. Notice of flood insurance avail-\nability under RESPA. \nSec. 100223. Participation in State disaster \nclaims mediation programs. \nSec. 100224. Oversight and expense reimburse-\nments of insurance companies. \nSec. 100225. Mitigation. Sec. 100226. Flood Protection Structure Accredi-\ntation Task Force. \nSec. 100227. Flood in progress determinations. Sec. 100228. Clarification of residential and \ncommercial coverage limits. \nSec. 100229. Local data requirement. Sec. 100230. Eligibility for flood insurance for \npersons residing in communities that have made adequate progress on the reconstruction or improve-ment of a flood protection system. \nSec. 100231. Studies and reports. Sec. 100232. Reinsurance. \nSec. 100233. GAO study on business interrup-\ntion and additional living ex-penses coverages. \nSec. 100234. Policy disclosures. Sec. 100235. Report on inclusion of building \ncodes in floodplain management criteria. \nSec. 100236. Study of participation and afford-\nability for certain policyholders. \nSec. 100237. Study and report concerning the \nparticipation of Indian tribes and members of Indian tribes in the National Flood Insurance Pro-gram. \nSec. 100238. Technical corrections. Sec. 100239. Use of private insurance to satisfy \nmandatory purchase requirement. \nSec. 100240. Levees constructed on certain prop-\nerties. \nSec. 100241. Insurance coverage for private \nproperties affected by flooding from Federal lands. \nSec. 100242. Permissible land use under Federal \nflood insurance plan. \nSec. 100243. CDBG eligibility for flood insur-\nance outreach activities and com-munity building code administra-tion grants. \nSec. 100244. Termination of force-placed insur-\nance. \nSec. 100245. FEMA authority on transfer of \npolicies. \nSec. 100246. Reimbursement of certain expenses. Sec. 100247. FIO study on risks, hazards, and \ninsurance. \nSec. 100248. Flood protection improvements con-\nstructed on certain properties. \nSec. 100249. No cause of action. \nSubtitle B—Alternative Loss Allocation \nSec. 100251. Short title. \nSec. 100252. Assessing and modeling named \nstorms over coastal States. \nSec. 100253. Alternative loss allocation system \nfor indeterminate claims. \nSubtitle C—HEARTH Act Amendment \nSec. 100261. HEARTH Act technical corrections. \nTITLE III—STUDENT LOAN INTEREST RATE \nEXTENSION \nSec. 100301. Federal Direct Stafford Loan inter-\nest rate extension. \nSec. 100302. Eligibility for, and interest charges \non, Federal Direct Stafford Loans \nfor new borrowers on or after July 1, 2013. \nDIVISION G—SURFACE TRANSPORTATION \nEXTENSION \nSec. 110001. Short title. \nTITLE I—FEDERAL-AID HIGHWAYS \nSec. 111001. Extension of Federal-aid highway \nprograms. \nTITLE II—EXTENSION OF HIGHWAY \nSAFETY PROGRAMS \nSec. 112001. Extension of National Highway \nTraffic Safety Administration highway safety programs. \nSec. 112002. Extension of Federal Motor Carrier \nSafety Administration programs. \nSec. 112003. Additional programs. \nTITLE III—PUBLIC TRANSPORTATION \nPROGRAMS \nSec. 113001. Allocation of funds for planning \nprograms. \nSec. 113002. Special rule for urbanized area for-\nmula grants. \nSec. 113003. Allocating amounts for capital in-\nvestment grants. \nSec. 113004. Apportionment of formula grants \nfor other than urbanized areas. \nSec. 113005. Apportionment based on fixed \nguideway factors. \nSec. 113006. Authorizations for public transpor-\ntation. \nSec. 113007. Amendments to SAFETEA–LU. TITLE IV—EFFECTIVE DATE \nSec. 114001. Effective date. \nDIVISION H—BUDGETARY EFFECTS \nSec. 120001. Budgetary effects. \nSEC. 2. DEFINITIONS. \nIn this Act, the following definitions apply: \n(1) D EPARTMENT .—The term ‘‘Department’’ \nmeans the Department of Transportation. \n(2) S ECRETARY .—The term ‘‘Secretary’’ means \nthe Secretary of Transportation. \nSEC. 3. EFFECTIVE DATE. \n(a) I NGENERAL .—Except as otherwise pro-\nvided, divisions A, B, C (other than sections 32603(d), 32603(g), 32912, and 34002 of that divi-sion) and E, including the amendments made by those divisions, take effect on October 1, 2012. \n(b) R\nEFERENCES .—Except as otherwise pro-\nvided, any reference to the date of enactment of the MAP–21 or to the date of enactment of the Federal Public Transportation Act of 2012 in the divisions described in subsection (a) or in an amendment made by those divisions shall be deemed to be a reference to the effective date of those divisions. \nDIVISION A—FEDERAL-AID HIGHWAYS \nAND HIGHWAY SAFETY CONSTRUCTION PROGRAMS \nTITLE I—FEDERAL-AID HIGHWAYS \nSubtitle A—Authorizations and Programs \nSEC. 1101. AUTHORIZATION OF APPROPRIATIONS. \n(a) I NGENERAL .—The following sums are au-\nthorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Ac-count): \n(1) F\nEDERAL -AID HIGHWAY PROGRAM .—For the \nnational highway performance program under section 119 of title 23, United States Code, the surface transportation program under section 133 of that title, the highway safety improve-ment program under section 148 of that title, the congestion mitigation and air quality improve-ment program under section 149 of that title, and to carry out section 134 of that title— \n(A) $37,476,819,674 for fiscal year 2013; and (B) $37,798,000,000 for fiscal year 2014. (2) T\nRANSPORTATION INFRASTRUCTURE FINANCE \nAND INNOVATION PROGRAM .—For credit assist-\nance under the transportation infrastructure fi-nance and innovation program under chapter 6 of title 23, United States Code— \n(A) $750,000,000 for fiscal year 2013; and (B) $1,000,000,000 for fiscal year 2014. (3) F\nEDERAL LANDS AND TRIBAL TRANSPOR -\nTATION PROGRAMS .— \n(A) T RIBAL TRANSPORTATION PROGRAM .—For \nthe tribal transportation program under section 202 of title 23, United States Code, $450,000,000 for each of fiscal years 2013 and 2014. \n(B) F\nEDERAL LANDS TRANSPORTATION PRO -\nGRAM .—For the Federal lands transportation \nprogram under section 203 of title 23, United States Code, $300,000,000 for each of fiscal years 2013 and 2014, of which $240,000,000 of the amount made available for each fiscal year shall be the amount for the National Park Service and $30,000,000 of the amount made available for each fiscal year shall be the amount for the United States Fish and Wildlife Service. \n(C) F\nEDERAL LANDS ACCESS PROGRAM .—For \nthe Federal lands access program under section 204 of title 23, United States Code, $250,000,000 for each of fiscal years 2013 and 2014. \n(4) T\nERRITORIAL AND PUERTO RICO HIGHWAY \nPROGRAM .—For the territorial and Puerto Rico \nhighway program under section 165 of title 23, United States Code, $190,000,000 for each of fis-cal years 2013 and 2014. \n(b) D\nISADVANTAGED BUSINESS ENTERPRISES .— \n(1) F INDINGS .—Congress finds that— \n(A) while significant progress has occurred \ndue to the establishment of the disadvantaged business enterprise program, discrimination and related barriers continue to pose significant ob-stacles for minority- and women-owned busi-nesses seeking to do business in federally-as-sisted surface transportation markets across the United States; \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00277 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4436 June 28, 2012 \n(B) the continuing barriers described in sub-\nparagraph (A) merit the continuation of the dis-advantaged business enterprise program; \n(C) Congress has received and reviewed testi-\nmony and documentation of race and gender discrimination from numerous sources, includ-ing congressional hearings and roundtables, sci-entific reports, reports issued by public and pri-vate agencies, news stories, reports of discrimi-nation by organizations and individuals, and discrimination lawsuits, which show that race- and gender-neutral efforts alone are insufficient to address the problem; \n(D) the testimony and documentation de-\nscribed in subparagraph (C) demonstrate that discrimination across the United States poses a barrier to full and fair participation in surface transportation-related businesses of women business owners and minority business owners and has impacted firm development and many aspects of surface transportation-related busi-ness in the public and private markets; and \n(E) the testimony and documentation de-\nscribed in subparagraph (C) provide a strong basis that there is a compelling need for the con-tinuation of the disadvantaged business enter-prise program to address race and gender dis-crimination in surface transportation-related business. \n(2) D\nEFINITIONS .—In this subsection, the fol-\nlowing definitions apply: \n(A) S MALL BUSINESS CONCERN .— \n(i) I N GENERAL .—The term ‘‘small business \nconcern’’ means a small business concern (as the term is used in section 3 of the Small Business Act (15 U.S.C. 632)). \n(ii) E\nXCLUSIONS .—The term ‘‘small business \nconcern’’ does not include any concern or group of concerns controlled by the same socially and economically disadvantaged individual or indi-viduals that have average annual gross receipts during the preceding 3 fiscal years in excess of $22,410,000, as adjusted annually by the Sec-retary for inflation. \n(B) S\nOCIALLY AND ECONOMICALLY DISADVAN -\nTAGED INDIVIDUALS .—The term ‘‘socially and \neconomically disadvantaged individuals’’ has the meaning given the term in section 8(d) of the Small Business Act (15 U.S.C. 637(d)) and rel-evant subcontracting regulations issued pursu-ant to that Act, except that women shall be pre-sumed to be socially and economically disadvan-taged individuals for purposes of this sub-section. \n(3) A\nMOUNTS FOR SMALL BUSINESS CONCERNS .— \nExcept to the extent that the Secretary deter-mines otherwise, not less than 10 percent of the amounts made available for any program under divisions A and B of this Act and section 403 of title 23, United States Code, shall be expended through small business concerns owned and controlled by socially and economically dis-advantaged individuals. \n(4) A\nNNUAL LISTING OF DISADVANTAGED BUSI -\nNESS ENTERPRISES .—Each State shall annually— \n(A) survey and compile a list of the small busi-\nness concerns referred to in paragraph (2) in the State, including the location of the small busi-ness concerns in the State; and \n(B) notify the Secretary, in writing, of the \npercentage of the small business concerns that are controlled by— \n(i) women; (ii) socially and economically disadvantaged \nindividuals (other than women); and \n(iii) individuals who are women and are oth-\nerwise socially and economically disadvantaged individuals. \n(5) U\nNIFORM CERTIFICATION .— \n(A) I N GENERAL .—The Secretary shall estab-\nlish minimum uniform criteria for use by State governments in certifying whether a concern qualifies as a small business concern for the purpose of this subsection. \n(B) I\nNCLUSIONS .—The minimum uniform cri-\nteria established under subparagraph (A) shall include, with respect to a potential small busi-ness concern— (i) on-site visits; \n(ii) personal interviews with personnel; (iii) issuance or inspection of licenses; (iv) analyses of stock ownership; (v) listings of equipment; (vi) analyses of bonding capacity; (vii) listings of work completed; (viii) examination of the resumes of principal \nowners; \n(ix) analyses of financial capacity; and (x) analyses of the type of work preferred. (6) R\nEPORTING .—The Secretary shall establish \nminimum requirements for use by State govern-ments in reporting to the Secretary— \n(A) information concerning disadvantaged \nbusiness enterprise awards, commitments, and achievements; and \n(B) such other information as the Secretary \ndetermines to be appropriate for the proper mon-itoring of the disadvantaged business enterprise program. \n(7) C\nOMPLIANCE WITH COURT ORDERS .—Noth-\ning in this subsection limits the eligibility of an individual or entity to receive funds made avail-able under divisions A and B of this Act and section 403 of title 23, United States Code, if the entity or person is prevented, in whole or in part, from complying with paragraph (2) be-cause a Federal court issues a final order in which the court finds that a requirement or the implementation of paragraph (2) is unconstitu-tional. \nSEC. 1102. OBLIGATION CEILING. \n(a) G ENERAL LIMITATION .—Subject to sub-\nsection (e), and notwithstanding any other pro-vision of law, the obligations for Federal-aid highway and highway safety construction pro-grams shall not exceed— \n(1) $39,699,000,000 for fiscal year 2013; and (2) $40,256,000,000 for fiscal year 2014. (b) E\nXCEPTIONS .—The limitations under sub-\nsection (a) shall not apply to obligations under or for— \n(1) section 125 of title 23, United States Code; (2) section 147 of the Surface Transportation \nAssistance Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714); \n(3) section 9 of the Federal-Aid Highway Act \nof 1981 (95 Stat. 1701); \n(4) subsections (b) and (j) of section 131 of the \nSurface Transportation Assistance Act of 1982 (96 Stat. 2119); \n(5) subsections (b) and (c) of section 149 of the \nSurface Transportation and Uniform Relocation Assistance Act of 1987 (101 Stat. 198); \n(6) sections 1103 through 1108 of the Inter-\nmodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2027); \n(7) section 157 of title 23, United States Code \n(as in effect on June 8, 1998); \n(8) section 105 of title 23, United States Code \n(as in effect for fiscal years 1998 through 2004, but only in an amount equal to $639,000,000 for each of those fiscal years); \n(9) Federal-aid highway programs for which \nobligation authority was made available under the Transportation Equity Act for the 21st Cen-tury (112 Stat. 107) or subsequent Acts for mul-tiple years or to remain available until ex-pended, but only to the extent that the obliga-tion authority has not lapsed or been used; \n(10) section 105 of title 23, United States Code \n(but, for each of fiscal years 2005 through 2011, only in an amount equal to $639,000,000 for each of those fiscal years); \n(11) section 1603 of SAFETEA–LU (23 U.S.C. \n118 note; 119 Stat. 1248), to the extent that funds obligated in accordance with that section were not subject to a limitation on obligations at the time at which the funds were initially made available for obligation; and \n(12) section 119 of title 23, United States Code \n(but, for each of fiscal years 2013 through 2014, only in an amount equal to $639,000,000 for each of those fiscal years). \n(c) D\nISTRIBUTION OF OBLIGATION AUTHOR -\nITY.—For each of fiscal years 2013 through 2014, \nthe Secretary— (1) shall not distribute obligation authority \nprovided by subsection (a) for the fiscal year for— \n(A) amounts authorized for administrative ex-\npenses and programs by section 104(a) of title 23, United States Code; and \n(B) amounts authorized for the Bureau of \nTransportation Statistics; \n(2) shall not distribute an amount of obliga-\ntion authority provided by subsection (a) that is equal to the unobligated balance of amounts— \n(A) made available from the Highway Trust \nFund (other than the Mass Transit Account) for Federal-aid highway and highway safety con-struction programs for previous fiscal years the funds for which are allocated by the Secretary (or apportioned by the Secretary under sections 202 or 204 of title 23, United States Code); and \n(B) for which obligation authority was pro-\nvided in a previous fiscal year; \n(3) shall determine the proportion that— (A) the obligation authority provided by sub-\nsection (a) for the fiscal year, less the aggregate of amounts not distributed under paragraphs (1) and (2) of this subsection; bears to \n(B) the total of the sums authorized to be ap-\npropriated for the Federal-aid highway and highway safety construction programs (other than sums authorized to be appropriated for provisions of law described in paragraphs (1) through (11) of subsection (b) and sums author-ized to be appropriated for section 119 of title 23, United States Code, equal to the amount re-ferred to in subsection (b)(12) for the fiscal year), less the aggregate of the amounts not dis-tributed under paragraphs (1) and (2) of this subsection; \n(4) shall distribute the obligation authority \nprovided by subsection (a), less the aggregate amounts not distributed under paragraphs (1) and (2), for each of the programs (other than programs to which paragraph (1) applies) that are allocated by the Secretary under this Act and title 23, United States Code, or apportioned by the Secretary under sections 202 or 204 of that title, by multiplying— \n(A) the proportion determined under para-\ngraph (3); by \n(B) the amounts authorized to be appropriated \nfor each such program for the fiscal year; and \n(5) shall distribute the obligation authority \nprovided by subsection (a), less the aggregate amounts not distributed under paragraphs (1) and (2) and the amounts distributed under paragraph (4), for Federal-aid highway and highway safety construction programs that are apportioned by the Secretary under title 23, United States Code (other than the amounts ap-portioned for the national highway performance program in section 119 of title 23, United States Code, that are exempt from the limitation under subsection (b)(12) and the amounts apportioned under section 204 of that title) in the proportion that— \n(A) amounts authorized to be appropriated for \nthe programs that are apportioned under title 23, United States Code, to each State for the fis-cal year; bears to \n(B) the total of the amounts authorized to be \nappropriated for the programs that are appor-tioned under title 23, United States Code, to all States for the fiscal year. \n(d) R\nEDISTRIBUTION OF UNUSED OBLIGATION \nAUTHORITY .—Notwithstanding subsection (c), \nthe Secretary shall, after August 1 of each of fiscal years 2013 through 2014— \n(1) revise a distribution of the obligation au-\nthority made available under subsection (c) if an amount distributed cannot be obligated dur-ing that fiscal year; and \n(2) redistribute sufficient amounts to those \nStates able to obligate amounts in addition to those previously distributed during that fiscal year, giving priority to those States having large unobligated balances of funds apportioned under sections 144 (as in effect on the day before the date of enactment of this Act) and 104 of title 23, United States Code. \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00278 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4437 June 28, 2012 \n(e) A PPLICABILITY OF OBLIGATION LIMITA -\nTIONS TO TRANSPORTATION RESEARCH PRO-\nGRAMS .— \n(1) I N GENERAL .—Except as provided in para-\ngraph (2), obligation limitations imposed by sub-section (a) shall apply to contract authority for transportation research programs carried out under— \n(A) chapter 5 of title 23, United States Code; \nand \n(B) division E of this Act. (2) E\nXCEPTION .—Obligation authority made \navailable under paragraph (1) shall— \n(A) remain available for a period of 4 fiscal \nyears; and \n(B) be in addition to the amount of any limi-\ntation imposed on obligations for Federal-aid highway and highway safety construction pro-grams for future fiscal years. \n(f) R\nEDISTRIBUTION OF CERTAIN AUTHORIZED \nFUNDS.— \n(1) I N GENERAL .—Not later than 30 days after \nthe date of distribution of obligation authority under subsection (c) for each of fiscal years 2013 through 2014, the Secretary shall distribute to the States any funds (excluding funds author-ized for the program under section 202 of title 23, United States Code) that— \n(A) are authorized to be appropriated for the \nfiscal year for Federal-aid highway programs; and \n(B) the Secretary determines will not be allo-\ncated to the States (or will not be apportioned to the States under section 204 of title 23, United States Code), and will not be available for obli-gation, for the fiscal year because of the imposi-tion of any obligation limitation for the fiscal year. \n(2) R\nATIO.—Funds shall be distributed under \nparagraph (1) in the same proportion as the dis-tribution of obligation authority under sub-section (c)(5). \n(3) A\nVAILABILITY .—Funds distributed to each \nState under paragraph (1) shall be available for any purpose described in section 133(c) of title 23, United States Code. \nSEC. 1103. DEFINITIONS. \n(a) D EFINITIONS .—Section 101(a) of title 23, \nUnited States Code, is amended— \n(1) by striking paragraphs (6), (7), (9), (12), \n(19), (20), (24), (25), (26), (28), (38), and (39); \n(2) by redesignating paragraphs (2), (3), (4), \n(5), (8), (13), (14), (15), (16), (17), (18), (21), (22), (23), (27), (29), (30), (31), (32), (33), (34), (35), (36), and (37) as paragraphs (3), (4), (5), (6), (9), (12), (13), (14), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), (26), (28), (29), (33), and (34), respectively; \n(3) by inserting after paragraph (1) the fol-\nlowing: \n‘‘(2) A\nSSET MANAGEMENT .—The term ‘asset \nmanagement’ means a strategic and systematic process of operating, maintaining, and improv-ing physical assets, with a focus on both engi-neering and economic analysis based upon qual-ity information, to identify a structured se-quence of maintenance, preservation, repair, re-habilitation, and replacement actions that will achieve and sustain a desired state of good re-pair over the lifecycle of the assets at minimum practicable cost.’’; \n(4) in paragraph (4) (as redesignated by para-\ngraph (2))— \n(A) in the matter preceding subparagraph (A), \nby inserting ‘‘or any project eligible for assist-ance under this title’’ after ‘‘of a highway’’; \n(B) by striking subparagraph (A) and insert-\ning the following: \n‘‘(A) preliminary engineering, engineering, \nand design-related services directly relating to the construction of a highway project, including engineering, design, project development and management, construction project management and inspection, surveying, mapping (including the establishment of temporary and permanent geodetic control in accordance with specifica-tions of the National Oceanic and Atmospheric Administration), and architectural-related serv-\nices;’’; \n(C) in subparagraph (B)— (i) by inserting ‘‘reconstruction,’’ before ‘‘re-\nsurfacing’’; and \n(ii) by striking ‘‘and rehabilitation’’ and in-\nserting ‘‘rehabilitation, and preservation’’; \n(D) in subparagraph (E) by striking ‘‘rail-\nway’’ and inserting ‘‘railway-highway’’; and \n(E) in subparagraph (F) by striking ‘‘obsta-\ncles’’ and inserting ‘‘hazards’’; \n(5) in paragraph (6) (as so redesignated)— (A) by inserting ‘‘public’’ before ‘‘highway eli-\ngible’’; and \n(B) by inserting ‘‘functionally’’ before ‘‘classi-\nfied’’; \n(6) by inserting after paragraph (6) (as so re-\ndesignated) the following: \n‘‘(7) F\nEDERAL LANDS ACCESS TRANSPORTATION \nFACILITY .—The term ‘Federal Lands access \ntransportation facility’ means a public highway, road, bridge, trail, or transit system that is lo-cated on, is adjacent to, or provides access to Federal lands for which title or maintenance re-sponsibility is vested in a State, county, town, township, tribal, municipal, or local govern-ment. \n‘‘(8) F\nEDERAL LANDS TRANSPORTATION FACIL -\nITY.—The term ‘Federal lands transportation fa-\ncility’ means a public highway, road, bridge, trail, or transit system that is located on, is ad-jacent to, or provides access to Federal lands for which title and maintenance responsibility is vested in the Federal Government, and that ap-pears on the national Federal lands transpor-tation facility inventory described in section 203(c).’’; \n(7) in paragraph (11)(B) by inserting ‘‘includ-\ning public roads on dams’’ after ‘‘drainage structure’’; \n(8) in paragraph (14) (as so redesignated)— (A) by striking ‘‘as a’’ and inserting ‘‘as an \nair quality’’; and \n(B) by inserting ‘‘air quality’’ before ‘‘attain-\nment area’’; \n(9) in paragraph (18) (as so redesignated) by \nstriking ‘‘an undertaking to construct a par-ticular portion of a highway, or if the context so implies, the particular portion of a highway so constructed or any other undertaking’’ and in-serting ‘‘any undertaking’’; \n(10) in paragraph (19) (as so redesignated)— (A) by striking ‘‘the State transportation de-\npartment and’’; and \n(B) by inserting ‘‘and the recipient’’ after \n‘‘Secretary’’; \n(11) by striking paragraph (23) (as so redesig-\nnated) and inserting the following: \n‘‘(23) S\nAFETY IMPROVEMENT PROJECT .—The \nterm ‘safety improvement project’ means a strat-egy, activity, or project on a public road that is consistent with the State strategic highway safety plan and corrects or improves a roadway feature that constitutes a hazard to road users or addresses a highway safety problem.’’; \n(12) by inserting after paragraph (26) (as so \nredesignated) the following: \n‘‘(27) S\nTATE STRATEGIC HIGHWAY SAFETY \nPLAN.—The term ‘State strategic highway safety \nplan’ has the same meaning given such term in section 148(a).’’; \n(13) by striking paragraph (29) (as so redesig-\nnated) and inserting the following: \n‘‘(29) T\nRANSPORTATION ALTERNATIVES .—The \nterm ‘transportation alternatives’ means any of the following activities when carried out as part of any program or project authorized or funded under this title, or as an independent program or project related to surface transportation: \n‘‘(A) Construction, planning, and design of \non-road and off-road trail facilities for pedes-trians, bicyclists, and other nonmotorized forms of transportation, including sidewalks, bicycle infrastructure, pedestrian and bicycle signals, traffic calming techniques, lighting and other safety-related infrastructure, and transpor-tation projects to achieve compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). ‘‘(B) Construction, planning, and design of \ninfrastructure-related projects and systems that will provide safe routes for non-drivers, includ-ing children, older adults, and individuals with disabilities to access daily needs. \n‘‘(C) Conversion and use of abandoned rail-\nroad corridors for trails for pedestrians, bicyclists, or other nonmotorized transportation users. \n‘‘(D) Construction of turnouts, overlooks, and \nviewing areas. \n‘‘(E) Community improvement activities, in-\ncluding— \n‘‘(i) inventory, control, or removal of outdoor \nadvertising; \n‘‘(ii) historic preservation and rehabilitation \nof historic transportation facilities; \n‘‘(iii) vegetation management practices in \ntransportation rights-of-way to improve road-way safety, prevent against invasive species, and provide erosion control; and \n‘‘(iv) archaeological activities relating to im-\npacts from implementation of a transportation project eligible under this title. \n‘‘(F) Any environmental mitigation activity, \nincluding pollution prevention and pollution abatement activities and mitigation to— \n‘‘(i) address stormwater management, control, \nand water pollution prevention or abatement re-lated to highway construction or due to high-way runoff, including activities described in sec-tions 133(b)(11), 328(a), and 329; or \n‘‘(ii) reduce vehicle-caused wildlife mortality \nor to restore and maintain connectivity among terrestrial or aquatic habitats.’’; and \n(14) by inserting after paragraph (29) (as so \nredesignated) the following: \n‘‘(30) T\nRANSPORTATION SYSTEMS MANAGEMENT \nAND OPERATIONS .— \n‘‘(A) I N GENERAL .—The term ‘transportation \nsystems management and operations’ means in-tegrated strategies to optimize the performance of existing infrastructure through the implemen-tation of multimodal and intermodal, cross-ju-risdictional systems, services, and projects de-signed to preserve capacity and improve secu-rity, safety, and reliability of the transportation system. \n‘‘(B) I\nNCLUSIONS .—The term ‘transportation \nsystems management and operations’ includes— \n‘‘(i) actions such as traffic detection and sur-\nveillance, corridor management, freeway man-agement, arterial management, active transpor-tation and demand management, work zone management, emergency management, traveler information services, congestion pricing, park-ing management, automated enforcement, traffic control, commercial vehicle operations, freight management, and coordination of highway, rail, transit, bicycle, and pedestrian operations; and \n‘‘(ii) coordination of the implementation of re-\ngional transportation system management and operations investments (such as traffic incident management, traveler information services, emergency management, roadway weather man-agement, intelligent transportation systems, communication networks, and information shar-ing systems) requiring agreements, integration, and interoperability to achieve targeted system performance, reliability, safety, and customer service levels. \n‘‘(31) T\nRIBAL TRANSPORTATION FACILITY .—The \nterm ‘tribal transportation facility’ means a public highway, road, bridge, trail, or transit system that is located on or provides access to tribal land and appears on the national tribal transportation facility inventory described in section 202(b)(1). \n‘‘(32) T\nRUCK STOP ELECTRIFICATION SYSTEM .— \nThe term ‘truck stop electrification system’ means a system that delivers heat, air condi-tioning, electricity, or communications to a heavy-duty vehicle.’’. \n(b) S\nENSE OF CONGRESS .—Section 101(c) of title \n23, United States Code, is amended by striking ‘‘system’’ and inserting ‘‘highway’’. \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00279 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4438 June 28, 2012 \nSEC. 1104. NATIONAL HIGHWAY SYSTEM. \n(a) I NGENERAL .—Section 103 of title 23, \nUnited States Code, is amended to read as fol-lows: \n‘‘§ 103. National Highway System \n‘‘(a) I\nNGENERAL .—For the purposes of this \ntitle, the Federal-aid system is the National Highway System, which includes the Interstate System. \n‘‘(b) N\nATIONAL HIGHWAY SYSTEM .— \n‘‘(1) D ESCRIPTION .—The National Highway \nSystem consists of the highway routes and con-nections to transportation facilities that shall— \n‘‘(A) serve major population centers, inter-\nnational border crossings, ports, airports, public transportation facilities, and other intermodal transportation facilities and other major travel destinations; \n‘‘(B) meet national defense requirements; and ‘‘(C) serve interstate and interregional travel \nand commerce. \n‘‘(2) C\nOMPONENTS .—The National Highway \nSystem described in paragraph (1) consists of the following: \n‘‘(A) The National Highway System depicted \non the map submitted by the Secretary of Trans-portation to Congress with the report entitled ‘Pulling Together: The National Highway Sys-tem and its Connections to Major Intermodal Terminals’ and dated May 24, 1996, and modi-fications approved by the Secretary before the date of enactment of the MAP–21. \n‘‘(B) Other urban and rural principal arterial \nroutes, and border crossings on those routes, that were not included on the National High-way System before the date of enactment of the MAP–21. \n‘‘(C) Other connector highways (including toll \nfacilities) that were not included in the National Highway System before the date of enactment of the MAP–21 but that provide motor vehicle ac-cess between arterial routes on the National Highway System and a major intermodal trans-portation facility. \n‘‘(D) A strategic highway network that— ‘‘(i) consists of a network of highways that \nare important to the United States strategic de-fense policy, that provide defense access, con-tinuity, and emergency capabilities for the movement of personnel, materials, and equip-ment in both peacetime and wartime, and that were not included on the National Highway System before the date of enactment of the MAP–21; \n‘‘(ii) may include highways on or off the \nInterstate System; and \n‘‘(iii) shall be designated by the Secretary, in \nconsultation with appropriate Federal agencies and the States. \n‘‘(E) Major strategic highway network con-\nnectors that— \n‘‘(i) consist of highways that provide motor \nvehicle access between major military installa-tions and highways that are part of the stra-tegic highway network but were not included on the National Highway System before the date of enactment of the MAP–21; and \n‘‘(ii) shall be designated by the Secretary, in \nconsultation with appropriate Federal agencies and the States. \n‘‘(3) M\nODIFICATIONS TO NHS .— \n‘‘(A) I N GENERAL .—The Secretary may make \nany modification, including any modification consisting of a connector to a major intermodal terminal, to the National Highway System that is proposed by a State if the Secretary deter-mines that the modification— \n‘‘(i) meets the criteria established for the Na-\ntional Highway System under this title after the date of enactment of the MAP–21; and \n‘‘(ii) enhances the national transportation \ncharacteristics of the National Highway System. \n‘‘(B) C\nOOPERATION .— \n‘‘(i) I N GENERAL .—In proposing a modification \nunder this paragraph, a State shall cooperate with local and regional officials. \n‘‘(ii) U\nRBANIZED AREAS .—In an urbanized \narea, the local officials shall act through the metropolitan planning organization designated \nfor the area under section 134. \n‘‘(c) I NTERSTATE SYSTEM .— \n‘‘(1) D ESCRIPTION .— \n‘‘(A) I N GENERAL .—The Dwight D. Eisenhower \nNational System of Interstate and Defense High-ways within the United States (including the District of Columbia and Puerto Rico) consists of highways designed, located, and selected in accordance with this paragraph. \n‘‘(B) D\nESIGN .— \n‘‘(i) I N GENERAL .—Except as provided in \nclause (ii), highways on the Interstate System shall be designed in accordance with the stand-ards of section 109(b). \n‘‘(ii) E\nXCEPTION .—Highways on the Interstate \nSystem in Alaska and Puerto Rico shall be de-signed in accordance with such geometric and construction standards as are adequate for cur-rent and probable future traffic demands and the needs of the locality of the highway. \n‘‘(C) L\nOCATION .—Highways on the Interstate \nSystem shall be located so as— \n‘‘(i) to connect by routes, as direct as prac-\nticable, the principal metropolitan areas, cities, and industrial centers; \n‘‘(ii) to serve the national defense; and ‘‘(iii) to the maximum extent practicable, to \nconnect at suitable border points with routes of continental importance in Canada and Mexico. \n‘‘(D) S\nELECTION OF ROUTES .—To the maximum \nextent practicable, each route of the Interstate System shall be selected by joint action of the State transportation departments of the State in which the route is located and the adjoining States, in cooperation with local and regional officials, and subject to the approval of the Sec-retary. \n‘‘(2) M\nAXIMUM MILEAGE .—The mileage of \nhighways on the Interstate System shall not ex-ceed 43,000 miles, exclusive of designations under paragraph (4). \n‘‘(3) M\nODIFICATIONS .—The Secretary may ap-\nprove or require modifications to the Interstate System in a manner consistent with the policies and procedures established under this sub-section. \n‘‘(4) I\nNTERSTATE SYSTEM DESIGNATIONS .— \n‘‘(A) A DDITIONS .—If the Secretary determines \nthat a highway on the National Highway Sys-tem meets all standards of a highway on the Interstate System and that the highway is a log-ical addition or connection to the Interstate Sys-tem, the Secretary may, upon the affirmative recommendation of the State or States in which the highway is located, designate the highway as a route on the Interstate System. \n‘‘(B) D\nESIGNATIONS AS FUTURE INTERSTATE \nSYSTEM ROUTES .— \n‘‘(i) I N GENERAL .—Subject to clauses (ii) \nthrough (vi), if the Secretary determines that a highway on the National Highway System would be a logical addition or connection to the Interstate System and would qualify for des-ignation as a route on the Interstate System under subparagraph (A) if the highway met all standards of a highway on the Interstate Sys-tem, the Secretary may, upon the affirmative recommendation of the State or States in which the highway is located, designate the highway as a future Interstate System route. \n‘‘(ii) W\nRITTEN AGREEMENT .—A designation \nunder clause (i) shall be made only upon the written agreement of each State described in that clause that the highway will be constructed to meet all standards of a highway on the Inter-state System by not later than the date that is 25 years after the date of the agreement. \n‘‘(iii) F\nAILURE TO COMPLETE CONSTRUCTION .— \nIf a State described in clause (i) has not sub-stantially completed the construction of a high-way designated under this subparagraph by the date specified in clause (ii), the Secretary shall remove the designation of the highway as a fu-ture Interstate System route. \n‘‘(iv) E\nFFECT OF REMOVAL .—Removal of the \ndesignation of a highway under clause (iii) shall not preclude the Secretary from desig-nating the highway as a route on the Interstate \nSystem under subparagraph (A) or under any other provision of law providing for addition to the Interstate System. \n‘‘(v) R\nETROACTIVE EFFECT .—An agreement de-\nscribed in clause (ii) that is entered into before August 10, 2005, shall be deemed to include the 25-year time limitation described in that clause, regardless of any earlier construction comple-tion date in the agreement. \n‘‘(vi) R\nEFERENCES .—No law, rule, regulation, \nmap, document, or other record of the United States, or of any State or political subdivision of a State, shall refer to any highway designated as a future Interstate System route under this subparagraph, and no such highway shall be signed or marked, as a highway on the Inter-state System, until such time as the highway— \n‘‘(I) is constructed to the geometric and con-\nstruction standards for the Interstate System; and \n‘‘(II) has been designated as a route on the \nInterstate System. \n‘‘(C) F\nINANCIAL RESPONSIBILITY .—Except as \nprovided in this title, the designation of a high-way under this paragraph shall create no addi-tional Federal financial responsibility with re-spect to the highway. \n‘‘(5) E\nXEMPTION OF INTERSTATE SYSTEM .— \n‘‘(A) I N GENERAL .—Except as provided in sub-\nparagraph (B), the Interstate System shall not be considered to be a historic site under section 303 of title 49 or section 138 of this title, regard-less of whether the Interstate System or portions or elements of the Interstate System are listed on, or eligible for listing on, the National Reg-ister of Historic Places. \n‘‘(B) I\nNDIVIDUAL ELEMENTS .—Subject to sub-\nparagraph (C)— \n‘‘(i) the Secretary shall determine, through \nthe administrative process established for ex-empting the Interstate System from section 106 of the National Historic Preservation Act (16 U.S.C. 470f), those individual elements of the Interstate System that possess national or excep-tional historic significance (such as a historic bridge or a highly significant engineering fea-ture); and \n‘‘(ii) those elements shall be considered to be \nhistoric sites under section 303 of title 49 or sec-tion 138 of this title, as applicable. \n‘‘(C) C\nONSTRUCTION , MAINTENANCE , RESTORA -\nTION, AND REHABILITATION ACTIVITIES .—Sub-\nparagraph (B) does not prohibit a State from carrying out construction, maintenance, preser-vation, restoration, or rehabilitation activities for a portion of the Interstate System referred to in subparagraph (B) upon compliance with sec-tion 303 of title 49 or section 138 of this title, as applicable, and section 106 of the National His-toric Preservation Act (16 U.S.C. 470f).’’. \n(b) I\nNCLUSION OF CERTAIN ROUTE SEGMENTS \nONINTERSTATE SYSTEM .— \n(1) I N GENERAL .—Section 1105(e)(5)(A) of the \nIntermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2031; 109 Stat. 597; 115 Stat. 872) is amended— \n(A) in the first sentence, by striking ‘‘and in \nsubsections (c)(18) and (c)(20)’’ and inserting ‘‘, in subsections (c)(18) and (c)(20), and in sub-paragraphs (A)(iii) and (B) of subsection (c)(26)’’; and \n(B) in the second sentence, by striking ‘‘that \nthe segment’’ and all that follows through the period and inserting ‘‘that the segment meets the Interstate System design standards approved by the Secretary under section 109(b) of title 23, United States Code, and is planned to connect to an existing Interstate System segment by the date that is 25 years after the date of enactment of the MAP–21.’’. \n(2) R\nOUTE DESIGNATION .—Section \n1105(e)(5)(C)(i) of the Intermodal Surface Trans-portation Efficiency Act of 1991 (105 Stat. 2032; 109 Stat. 598) is amended by adding at the end the following: ‘‘The routes referred to subpara-graphs (A)(iii) and (B)(i) of subsection (c)(26) are designated as Interstate Route I-11.’’. \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00280 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4439 June 28, 2012 \n(c) C ONFORMING AMENDMENTS .— \n(1) A NALYSIS .—The analysis for chapter 1 of \ntitle 23, United States Code, is amended by strik-ing the item relating to section 103 and inserting the following: \n‘‘103. National Highway System.’’. \n(2) S\nECTION 113 .—Section 113 of title 23, United \nStates Code, is amended— \n(A) in subsection (a) by striking ‘‘the Federal- \naid systems’’ and inserting ‘‘Federal-aid high-ways’’; and \n(B) in subsection (b), in the first sentence, by \nstriking ‘‘of the Federal-aid systems’’ and in-serting ‘‘Federal-aid highway’’. \n(3) S\nECTION 123 .—Section 123(a) of title 23, \nUnited States Code, is amended in the first sen-tence by striking ‘‘Federal-aid system’’ and in-serting ‘‘Federal-aid highway’’. \n(4) S\nECTION 217 .—Section 217(b) of title 23, \nUnited States Code, is amended in the sub-section heading by striking ‘‘N\nATIONAL HIGH-\nWAY SYSTEM ’’ and inserting ‘‘N ATIONAL HIGH-\nWAYPERFORMANCE PROGRAM ’’. \n(5) S ECTION 304 .—Section 304 of title 23, United \nStates Code, is amended in the first sentence by striking ‘‘the Federal-aid highway systems’’ and inserting ‘‘Federal-aid highways’’. \n(6) S\nECTION 317 .—Section 317(d) of title 23, \nUnited States Code, is amended by striking ‘‘system’’ and inserting ‘‘highway’’. \nSEC. 1105. APPORTIONMENT. \n(a) I NGENERAL .—Section 104 of title 23, \nUnited States Code, is amended to read as fol-lows: \n‘‘§ 104. Apportionment \n‘‘(a) A\nDMINISTRATIVE EXPENSES .— \n‘‘(1) I N GENERAL .—There are authorized to be \nappropriated from the Highway Trust Fund (other than the Mass Transit Account) to be made available to the Secretary for administra-tive expenses of the Federal Highway Adminis-tration— \n‘‘(A) $454,180,326 for fiscal year 2013; and ‘‘(B) $440,000,000 for fiscal year 2014. ‘‘(2) P\nURPOSES .—The amounts authorized to \nbe appropriated by this subsection shall be used— \n‘‘(A) to administer the provisions of law to be \nfunded from appropriations for the Federal-aid highway program and programs authorized under chapter 2; \n‘‘(B) to make transfers of such sums as the \nSecretary determines to be appropriate to the Appalachian Regional Commission for adminis-trative activities associated with the Appa-lachian development highway system; and \n‘‘(C) to reimburse, as appropriate, the Office \nof Inspector General of the Department of Transportation for the conduct of annual audits of financial statements in accordance with sec-tion 3521 of title 31. \n‘‘(3) A\nVAILABILITY .—The amounts made avail-\nable under paragraph (1) shall remain available until expended. \n‘‘(b) D\nIVISION OF STATE APPORTIONMENTS \nAMONG PROGRAMS .—The Secretary shall dis-\ntribute the amount apportioned to a State for a fiscal year under subsection (c) among the na-tional highway performance program, the sur-face transportation program, the highway safe-ty improvement program, and the congestion mitigation and air quality improvement pro-gram, and to carry out section 134 as follows: \n‘‘(1) N\nATIONAL HIGHWAY PERFORMANCE PRO -\nGRAM .—For the national highway performance \nprogram, 63.7 percent of the amount remaining after distributing amounts under paragraphs (4) and (5). \n‘‘(2) S\nURFACE TRANSPORTATION PROGRAM .— \nFor the surface transportation program, 29.3 percent of the amount remaining after distrib-uting amounts under paragraphs (4) and (5). \n‘‘(3) H\nIGHWAY SAFETY IMPROVEMENT PRO -\nGRAM .—For the highway safety improvement \nprogram, 7 percent of the amount remaining after distributing amounts under paragraphs (4) and (5). ‘‘(4) C\nONGESTION MITIGATION AND AIR QUALITY \nIMPROVEMENT PROGRAM .—For the congestion \nmitigation and air quality improvement pro-gram, an amount determined by multiplying the amount determined for the State under sub-section (c) by the proportion that— \n‘‘(A) the amount apportioned to the State for \nthe congestion mitigation and air quality im-provement program for fiscal year 2009; bears to \n‘‘(B) the total amount of funds apportioned to \nthe State for that fiscal year for the programs referred to in section 105(a)(2) (except for the high priority projects program referred to in sec-tion 105(a)(2)(H)), as in effect on the day before the date of enactment of the MAP–21. \n‘‘(5) M\nETROPOLITAN PLANNING .—To carry out \nsection 134, an amount determined by multi-plying the amount determined for the State under subsection (c) by the proportion that— \n‘‘(A) the amount apportioned to the State to \ncarry out section 134 for fiscal year 2009; bears to \n‘‘(B) the total amount of funds apportioned to \nthe State for that fiscal year for the programs referred to in section 105(a)(2) (except for the high priority projects program referred to in sec-tion 105(a)(2)(H)), as in effect on the day before the date of enactment of the MAP–21. \n‘‘(c) C\nALCULATION OF STATE AMOUNTS .— \n‘‘(1) F OR FISCAL YEAR 2013 .— \n‘‘(A) C ALCULATION OF AMOUNT .—For fiscal \nyear 2013, the amount for each State of com-bined apportionments for the national highway performance program under section 119, the sur-face transportation program under section 133, the highway safety improvement program under section 148, the congestion mitigation and air quality improvement program under section 149, and to carry out section 134 shall be equal to the combined amount of apportionments that the State received for fiscal year 2012. \n‘‘(B) S\nTATE APPORTIONMENT .—On October 1 of \nsuch fiscal year, the Secretary shall apportion the sum authorized to be appropriated for ex-penditure on the national highway performance program under section 119, the surface transpor-tation program under section 133, the highway safety improvement program under section 148, the congestion mitigation and air quality im-provement program under section 149, and to carry out section 134 in accordance with sub-paragraph (A). \n‘‘(2) F\nOR FISCAL YEAR 2014 .— \n‘‘(A) S TATE SHARE .—For fiscal year 2014, the \namount for each State of combined apportion-ments for the national highway performance program under section 119, the surface transpor-tation program under section 133, the highway safety improvement program under section 148, the congestion mitigation and air quality im-provement program under section 149, and to carry out section 134 shall be determined as fol-lows: \n‘‘(i) I\nNITIAL AMOUNT .—The initial amount for \neach State shall be determined by multiplying the total amount available for apportionment by the share for each State which shall be equal to the proportion that— \n‘‘(I) the amount of apportionments that the \nState received for fiscal year 2012; bears to \n‘‘(II) the amount of those apportionments re-\nceived by all States for that fiscal year. \n‘‘(ii) A\nDJUSTMENTS TO AMOUNTS .—The initial \namounts resulting from the calculation under clause (i) shall be adjusted to ensure that, for each State, the amount of combined apportion-ments for the programs shall not be less than 95 percent of the estimated tax payments attrib-utable to highway users in the State paid into the Highway Trust Fund (other than the Mass Transit Account) in the most recent fiscal year for which data are available. \n‘‘(B) S\nTATE APPORTIONMENT .—On October 1 of \nsuch fiscal year, the Secretary shall apportion the sum authorized to be appropriated for ex-penditure on the national highway performance program under section 119, the surface transpor-tation program under section 133, the highway safety improvement program under section 148, \nthe congestion mitigation and air quality im-provement program under section 149, and to carry out section 134 in accordance with sub-paragraph (A). \n‘‘(d) M\nETROPOLITAN PLANNING .— \n‘‘(1) U SE OF AMOUNTS .— \n‘‘(A) U SE.— \n‘‘(i) I N GENERAL .—Except as provided in \nclause (ii), the amounts apportioned to a State under subsection (b)(5) shall be made available by the State to the metropolitan planning orga-nizations responsible for carrying out section 134 in the State. \n‘‘(ii) S\nTATES RECEIVING MINIMUM APPORTION -\nMENT .—A State that received the minimum ap-\nportionment for use in carrying out section 134 for fiscal year 2009 may, subject to the approval of the Secretary, use the funds apportioned under subsection (b)(5) to fund transportation planning outside of urbanized areas. \n‘‘(B) U\nNUSED FUNDS .—Any funds that are not \nused to carry out section 134 may be made avail-able by a metropolitan planning organization to the State to fund activities under section 135. \n‘‘(2) D\nISTRIBUTION OF AMOUNTS WITHIN \nSTATES .— \n‘‘(A) I N GENERAL .—The distribution within \nany State of the planning funds made available to organizations under paragraph (1) shall be in accordance with a formula that— \n‘‘(i) is developed by each State and approved \nby the Secretary; and \n‘‘(ii) takes into consideration, at a minimum, \npopulation, status of planning, attainment of air quality standards, metropolitan area trans-portation needs, and other factors necessary to provide for an appropriate distribution of funds to carry out section 134 and other applicable re-quirements of Federal law. \n‘‘(B) R\nEIMBURSEMENT .—Not later than 15 \nbusiness days after the date of receipt by a State of a request for reimbursement of expenditures made by a metropolitan planning organization for carrying out section 134, the State shall re-imburse, from amounts distributed under this paragraph to the metropolitan planning organi-zation by the State, the metropolitan planning organization for those expenditures. \n‘‘(3) D\nETERMINATION OF POPULATION FIG -\nURES.—For the purpose of determining popu-\nlation figures under this subsection, the Sec-retary shall use the latest available data from the decennial census conducted under section 141(a) of title 13, United States Code. \n‘‘(e) C\nERTIFICATION OF APPORTIONMENTS .— \n‘‘(1) I N GENERAL .—The Secretary shall— \n‘‘(A) on October 1 of each fiscal year, certify \nto each of the State transportation departments the amount that has been apportioned to the State under this section for the fiscal year; and \n‘‘(B) to permit the States to develop adequate \nplans for the use of amounts apportioned under this section, advise each State of the amount that will be apportioned to the State under this section for a fiscal year not later than 90 days before the beginning of the fiscal year for which the sums to be apportioned are authorized. \n‘‘(2) N\nOTICE TO STATES .—If the Secretary has \nnot made an apportionment under this section for a fiscal year beginning after September 30, 1998, by not later than the date that is the twen-ty-first day of that fiscal year, the Secretary shall submit, by not later than that date, to the Committee on Transportation and Infrastruc-ture of the House of Representatives and the Committee on Environment and Public Works of the Senate, a written statement of the reason for not making the apportionment in a timely man-ner. \n‘‘(3) A\nPPORTIONMENT CALCULATIONS .— \n‘‘(A) I N GENERAL .—The calculation of official \napportionments of funds to the States under this title is a primary responsibility of the Depart-ment and shall be carried out only by employees (and not contractors) of the Department. \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00281 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4440 June 28, 2012 \n‘‘(B) P ROHIBITION ON USE OF FUNDS TO HIRE \nCONTRACTORS .—None of the funds made avail-\nable under this title shall be used to hire con-tractors to calculate the apportionments of funds to States. \n‘‘(f) T\nRANSFER OF HIGHWAY AND TRANSIT \nFUNDS.— \n‘‘(1) T RANSFER OF HIGHWAY FUNDS FOR TRAN -\nSIT PROJECTS .— \n‘‘(A) I N GENERAL .—Subject to subparagraph \n(B), amounts made available for transit projects or transportation planning under this title may be transferred to and administered by the Sec-retary in accordance with chapter 53 of title 49. \n‘‘(B) N\nON-FEDERAL SHARE .—The provisions of \nthis title relating to the non-Federal share shall apply to the amounts transferred under sub-paragraph (A). \n‘‘(2) T\nRANSFER OF TRANSIT FUNDS FOR HIGH -\nWAY PROJECTS .— \n‘‘(A) I N GENERAL .—Subject to subparagraph \n(B), amounts made available for highway projects or transportation planning under chap-ter 53 of title 49 may be transferred to and ad-ministered by the Secretary in accordance with this title. \n‘‘(B) N\nON-FEDERAL SHARE .—The provisions of \nchapter 53 of title 49 relating to the non-Federal share shall apply to amounts transferred under subparagraph (A). \n‘‘(3) T\nRANSFER OF FUNDS AMONG STATES OR TO \nFEDERAL HIGHWAY ADMINISTRATION .— \n‘‘(A) I N GENERAL .—Subject to subparagraph \n(B), the Secretary may, at the request of a State, transfer amounts apportioned or allocated under this title to the State to another State, or to the Federal Highway Administration, for the purpose of funding 1 or more projects that are eligible for assistance with amounts so appor-tioned or allocated. \n‘‘(B) A\nPPORTIONMENT .—The transfer shall \nhave no effect on any apportionment of amounts to a State under this section. \n‘‘(C) F\nUNDS SUBALLOCATED TO URBANIZED \nAREAS .—Amounts that are apportioned or allo-\ncated to a State under subsection (b)(3) (as in effect on the day before the date of enactment of the MAP–21) or subsection (b)(2) and attributed to an urbanized area of a State with a popu-lation of more than 200,000 individuals under section 133(d) may be transferred under this paragraph only if the metropolitan planning or-ganization designated for the area concurs, in writing, with the transfer request. \n‘‘(4) T\nRANSFER OF OBLIGATION AUTHORITY .— \nObligation authority for amounts transferred under this subsection shall be transferred in the same manner and amount as the amounts for the projects that are transferred under this sec-tion. \n‘‘(g) R\nEPORT TO CONGRESS .—For each fiscal \nyear, the Secretary shall make available to the public, in a user-friendly format via the Inter-net, a report that describes— \n‘‘(1) the amount obligated, by each State, for \nFederal-aid highways and highway safety con-struction programs during the preceding fiscal year; \n‘‘(2) the balance, as of the last day of the pre-\nceding fiscal year, of the unobligated apportion-ment of each State by fiscal year under this sec-tion; \n‘‘(3) the balance of unobligated sums available \nfor expenditure at the discretion of the Sec-retary for such highways and programs for the fiscal year; and \n‘‘(4) the rates of obligation of funds appor-\ntioned or set aside under this section, according to— \n‘‘(A) program; ‘‘(B) funding category of subcategory; ‘‘(C) type of improvement; ‘‘(D) State; and ‘‘(E) sub-State geographical area, including \nurbanized and rural areas, on the basis of the population of each such area.’’. \n(b) C\nONFORMING AMENDMENT .—Section 146(a) \nof title 23, United States Code, is amended by striking ‘‘sections 104(b)(l) and 104(b)(3)’’ and \ninserting ‘‘section 104(b)(2)’’. \nSEC. 1106. NATIONAL HIGHWAY PERFORMANCE \nPROGRAM. \n(a) I NGENERAL .—Section 119 of title 23, \nUnited States Code, is amended to read as fol-lows: \n‘‘§ 119. National highway performance pro-\ngram \n‘‘(a) E\nSTABLISHMENT .—The Secretary shall es-\ntablish and implement a national highway per-formance program under this section. \n‘‘(b) P\nURPOSES .—The purposes of the national \nhighway performance program shall be— \n‘‘(1) to provide support for the condition and \nperformance of the National Highway System; \n‘‘(2) to provide support for the construction of \nnew facilities on the National Highway System; and \n‘‘(3) to ensure that investments of Federal-aid \nfunds in highway construction are directed to support progress toward the achievement of per-formance targets established in an asset man-agement plan of a State for the National High-way System. \n‘‘(c) E\nLIGIBLE FACILITIES .—Except as provided \nin subsection (d), to be eligible for funding ap-portioned under section 104(b)(1) to carry out this section, a facility shall be located on the National Highway System, as defined in section 103. \n‘‘(d) E\nLIGIBLE PROJECTS .—Funds apportioned \nto a State to carry out the national highway performance program may be obligated only for a project on an eligible facility that is— \n‘‘(1)(A) a project or part of a program of \nprojects supporting progress toward the achieve-ment of national performance goals for improv-ing infrastructure condition, safety, mobility, or freight movement on the National Highway Sys-tem; and \n‘‘(B) consistent with sections 134 and 135; and ‘‘(2) for 1 or more of the following purposes: ‘‘(A) Construction, reconstruction, resur-\nfacing, restoration, rehabilitation, preservation, or operational improvement of segments of the National Highway System. \n‘‘(B) Construction, replacement (including re-\nplacement with fill material), rehabilitation, preservation, and protection (including scour countermeasures, seismic retrofits, impact pro-tection measures, security countermeasures, and protection against extreme events) of bridges on the National Highway System. \n‘‘(C) Construction, replacement (including re-\nplacement with fill material), rehabilitation, preservation, and protection (including impact protection measures, security countermeasures, and protection against extreme events) of tun-nels on the National Highway System. \n‘‘(D) Inspection and evaluation, as described \nin section 144, of bridges and tunnels on the Na-tional Highway System, and inspection and evaluation of other highway infrastructure as-sets on the National Highway System, including signs and sign structures, earth retaining walls, and drainage structures. \n‘‘(E) Training of bridge and tunnel inspectors, \nas described in section 144. \n‘‘(F) Construction, rehabilitation, or replace-\nment of existing ferry boats and ferry boat fa-cilities, including approaches, that connect road segments of the National Highway System. \n‘‘(G) Construction, reconstruction, resur-\nfacing, restoration, rehabilitation, and preserva-tion of, and operational improvements for, a Federal-aid highway not on the National High-way System, and construction of a transit project eligible for assistance under chapter 53 of title 49, if— \n‘‘(i) the highway project or transit project is \nin the same corridor as, and in proximity to, a fully access-controlled highway designated as a part of the National Highway System; \n‘‘(ii) the construction or improvements will re-\nduce delays or produce travel time savings on the fully access-controlled highway described in clause (i) and improve regional traffic flow; and ‘‘(iii) the construction or improvements are \nmore cost-effective, as determined by benefit- cost analysis, than an improvement to the fully access-controlled highway described in clause (i). \n‘‘(H) Bicycle transportation and pedestrian \nwalkways in accordance with section 217. \n‘‘(I) Highway safety improvements for seg-\nments of the National Highway System. \n‘‘(J) Capital and operating costs for traffic \nand traveler information monitoring, manage-ment, and control facilities and programs. \n‘‘(K) Development and implementation of a \nState asset management plan for the National Highway System in accordance with this sec-tion, including data collection, maintenance, and integration and the cost associated with ob-taining, updating, and licensing software and equipment required for risk-based asset manage-ment and performance-based management. \n‘‘(L) Infrastructure-based intelligent transpor-\ntation systems capital improvements. \n‘‘(M) Environmental restoration and pollution \nabatement in accordance with section 328. \n‘‘(N) Control of noxious weeds and aquatic \nnoxious weeds and establishment of native spe-cies in accordance with section 329. \n‘‘(O) Environmental mitigation efforts related \nto projects funded under this section, as de-scribed in subsection (g). \n‘‘(P) Construction of publicly owned intracity \nor intercity bus terminals servicing the National Highway System. \n‘‘(e) S\nTATE PERFORMANCE MANAGEMENT .— \n‘‘(1) I N GENERAL .—A State shall develop a \nrisk-based asset management plan for the Na-tional Highway System to improve or preserve the condition of the assets and the performance of the system. \n‘‘(2) P\nERFORMANCE DRIVEN PLAN .—A State \nasset management plan shall include strategies leading to a program of projects that would make progress toward achievement of the State targets for asset condition and performance of the National Highway System in accordance with section 150(d) and supporting the progress toward the achievement of the national goals identified in section 150(b). \n‘‘(3) S\nCOPE.—In developing a risk-based asset \nmanagement plan, the Secretary shall encour-age States to include all infrastructure assets within the right-of-way corridor in such plan. \n‘‘(4) P\nLAN CONTENTS .—A State asset manage-\nment plan shall, at a minimum, be in a form that the Secretary determines to be appropriate and include— \n‘‘(A) a summary listing of the pavement and \nbridge assets on the National Highway System in the State, including a description of the con-dition of those assets; \n‘‘(B) asset management objectives and meas-\nures; \n‘‘(C) performance gap identification; ‘‘(D) lifecycle cost and risk management anal-\nysis; \n‘‘(E) a financial plan; and ‘‘(F) investment strategies. ‘‘(5) R\nEQUIREMENT FOR PLAN .—Notwith-\nstanding section 120, with respect to the second fiscal year beginning after the date of establish-ment of the process established in paragraph (8) or any subsequent fiscal year, if the Secretary determines that a State has not developed and implemented a State asset management plan consistent with this section, the Federal share payable on account of any project or activity carried out by the State in that fiscal year under this section shall be 65 percent. \n‘‘(6) C\nERTIFICATION OF PLAN DEVELOPMENT \nPROCESS .— \n‘‘(A) I N GENERAL .—Not later than 90 days \nafter the date on which a State submits a re-quest for approval of the process used by the State to develop the State asset management plan for the National Highway System, the Sec-retary shall— \n‘‘(i) review the process; and ‘‘(ii)(I) certify that the process meets the re-\nquirements established by the Secretary; or \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00282 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4441 June 28, 2012 \n‘‘(II) deny certification and specify actions \nnecessary for the State to take to correct defi-ciencies in the State process. \n‘‘(B) R\nECERTIFICATION .—Not less frequently \nthan once every 4 years, the Secretary shall re-view and recertify that the process used by a State to develop and maintain the State asset management plan for the National Highway System meets the requirements for the process, as established by the Secretary. \n‘‘(C) O\nPPORTUNITY TO CURE .—If the Secretary \ndenies certification under subparagraph (A), the Secretary shall provide the State with— \n‘‘(i) not less than 90 days to cure the defi-\nciencies of the plan, during which time period all penalties and other legal impacts of a denial of certification shall be stayed; and \n‘‘(ii) a written statement of the specific ac-\ntions the Secretary determines to be necessary for the State to cure the plan. \n‘‘(7) P\nERFORMANCE ACHIEVEMENT .—A State \nthat does not achieve or make significant progress toward achieving the targets of the State for performance measures described in sec-tion 150(d) for the National Highway System for 2 consecutive reports submitted under this para-graph shall include in the next report submitted a description of the actions the State will under-take to achieve the targets. \n‘‘(8) P\nROCESS .—Not later than 18 months after \nthe date of enactment of the MAP–21, the Sec-retary shall, by regulation and in consultation with State departments of transportation, estab-lish the process to develop the State asset man-agement plan described in paragraph (1). \n‘‘(f) I\nNTERSTATE SYSTEM AND NHS B RIDGE \nCONDITIONS .— \n‘‘(1) C ONDITION OF INTERSTATE SYSTEM .— \n‘‘(A) P ENALTY .—If, during 2 consecutive re-\nporting periods, the condition of the Interstate System, excluding bridges on the Interstate Sys-tem, in a State falls below the minimum condi-tion level established by the Secretary under section 150(c)(3), the State shall be required, during the following fiscal year— \n‘‘(i) to obligate, from the amounts apportioned \nto the State under section 104(b)(1), an amount that is not less than the amount of funds appor-tioned to the State for fiscal year 2009 under the Interstate maintenance program for the pur-poses described in this section (as in effect on the day before the date of enactment of the MAP–21), except that for each year after fiscal year 2013, the amount required to be obligated under this clause shall be increased by 2 percent over the amount required to be obligated in the previous fiscal year; and \n‘‘(ii) to transfer, from the amounts appor-\ntioned to the State under section 104(b)(2) (other than amounts suballocated to metropolitan areas and other areas of the State under section 133(d)) to the apportionment of the State under section 104(b)(1), an amount equal to 10 percent of the amount of funds apportioned to the State for fiscal year 2009 under the Interstate mainte-nance program for the purposes described in this section (as in effect on the day before the date of enactment of the MAP–21). \n‘‘(B) R\nESTORATION .—The obligation require-\nment for the Interstate System in a State re-quired by subparagraph (A) for a fiscal year shall remain in effect for each subsequent fiscal year until such time as the condition of the Interstate System in the State exceeds the min-imum condition level established by the Sec-retary. \n‘‘(2) C\nONDITION OF NHS BRIDGES .— \n‘‘(A) P ENALTY .—If the Secretary determines \nthat, for the 3-year-period preceding the date of the determination, more than 10 percent of the total deck area of bridges in the State on the National Highway System is located on bridges that have been classified as structurally defi-cient, an amount equal to 50 percent of funds apportioned to such State for fiscal year 2009 to carry out section 144 (as in effect the day before enactment of MAP–21) shall be set aside from amounts apportioned to a State for a fiscal year under section 104(b)(1) only for eligible projects \non bridges on the National Highway System. \n‘‘(B) R\nESTORATION .—The set-aside require-\nment for bridges on the National Highway Sys-tem in a State under subparagraph (A) for a fis-cal year shall remain in effect for each subse-quent fiscal year until such time as less than 10 percent of the total deck area of bridges in the State on the National Highway System is lo-cated on bridges that have been classified as structurally deficient, as determined by the Sec-retary. \n‘‘(g) E\nNVIRONMENTAL MITIGATION .— \n‘‘(1) E LIGIBLE ACTIVITIES .—In accordance \nwith all applicable Federal law (including regu-lations), environmental mitigation efforts re-ferred to in subsection (d)(2)(O) include partici-pation in natural habitat and wetlands mitiga-tion efforts relating to projects funded under this title, which may include— \n‘‘(A) participation in mitigation banking or \nother third-party mitigation arrangements, such as— \n‘‘(i) the purchase of credits from commercial \nmitigation banks; \n‘‘(ii) the establishment and management of \nagency-sponsored mitigation banks; and \n‘‘(iii) the purchase of credits or establishment \nof in-lieu fee mitigation programs; \n‘‘(B) contributions to statewide and regional \nefforts to conserve, restore, enhance, and create natural habitats and wetlands; and \n‘‘(C) the development of statewide and re-\ngional environmental protection plans, includ-ing natural habitat and wetland conservation and restoration plans. \n‘‘(2) I\nNCLUSION OF OTHER ACTIVITIES .—The \nbanks, efforts, and plans described in paragraph (1) include any such banks, efforts, and plans developed in accordance with applicable law (including regulations). \n‘‘(3) T\nERMS AND CONDITIONS .—The following \nterms and conditions apply to natural habitat and wetlands mitigation efforts under this sub-section: \n‘‘(A) Contributions to the mitigation effort \nmay— \n‘‘(i) take place concurrent with, or in advance \nof, commitment of funding under this title to a project or projects; and \n‘‘(ii) occur in advance of project construction \nonly if the efforts are consistent with all appli-cable requirements of Federal law (including regulations) and State transportation planning processes. \n‘‘(B) Credits from any agency-sponsored miti-\ngation bank that are attributable to funding under this section may be used only for projects funded under this title, unless the agency pays to the Secretary an amount equal to the Federal funds attributable to the mitigation bank credits the agency uses for purposes other than mitiga-tion of a project funded under this title. \n‘‘(4) P\nREFERENCE .—At the discretion of the \nproject sponsor, preference shall be given, to the maximum extent practicable, to mitigating an environmental impact through the use of a miti-gation bank, in-lieu fee, or other third-party mitigation arrangement, if the use of credits from the mitigation bank or in-lieu fee, or the other third-party mitigation arrangement for the project, is approved by the applicable Fed-eral agency.’’. \n(b) T\nRANSITION PERIOD .— \n(1) I N GENERAL .—Except as provided in para-\ngraph (2), until such date as a State has in ef-fect an approved asset management plan and has established performance targets as described in sections 119 and 150 of title 23, United States Code, that will contribute to achieving the na-tional goals for the condition and performance of the National Highway System, but not later than 18 months after the date on which the Sec-retary promulgates the final regulation required under section 150(c) of that title, the Secretary shall approve obligations of funds apportioned to a State to carry out the national highway performance program under section 119 of that title, for projects that otherwise meet the re-\nquirements of that section. \n(2) E\nXTENSION .—The Secretary may extend the \ntransition period for a State under paragraph (1) if the Secretary determines that the State has made a good faith effort to establish an asset management plan and performance targets re-ferred to in that paragraph. \n(c) C\nONFORMING AMENDMENT .—The analysis \nfor chapter 1 of title 23, United States Code, is amended by striking the item relating to section 119 and inserting the following: \n‘‘119. National highway performance program.’’. \nSEC. 1107. EMERGENCY RELIEF. \nSection 125 of title 23, United States Code, is \namended to read as follows: \n‘‘§ 125. Emergency relief \n‘‘(a) I NGENERAL .—Subject to this section and \nsection 120, an emergency fund is authorized for expenditure by the Secretary for the repair or reconstruction of highways, roads, and trails, in any area of the United States, including Indian reservations, that the Secretary finds have suf-fered serious damage as a result of— \n‘‘(1) a natural disaster over a wide area, such \nas by a flood, hurricane, tidal wave, earth-quake, severe storm, or landslide; or \n‘‘(2) catastrophic failure from any external \ncause. \n‘‘(b) R\nESTRICTION ON ELIGIBILITY .— \n‘‘(1) D EFINITION OF CONSTRUCTION PHASE .—In \nthis subsection, the term ‘construction phase’ means the phase of physical construction of a highway or bridge facility that is separate from any other identified phases, such as planning, design, or right-of-way phases, in the State transportation improvement program. \n‘‘(2) R\nESTRICTION .—In no case shall funds be \nused under this section for the repair or recon-struction of a bridge— \n‘‘(A) that has been permanently closed to all \nvehicular traffic by the State or responsible local official because of imminent danger of col-lapse due to a structural deficiency or physical deterioration; or \n‘‘(B) if a construction phase of a replacement \nstructure is included in the approved Statewide transportation improvement program at the time of an event described in subsection (a). \n‘‘(c) F\nUNDING .— \n‘‘(1) I N GENERAL .—Subject to the limitations \ndescribed in paragraph (2), there are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) such sums as are necessary to establish the fund authorized by this section and to replenish that fund on an annual basis. \n‘‘(2) L\nIMITATIONS .—The limitations referred to \nin paragraph (1) are that— \n‘‘(A) not more than $100,000,000 is authorized \nto be obligated in any 1 fiscal year commencing after September 30, 1980, to carry out this sec-tion, except that, if for any fiscal year the total of all obligations under this section is less than the amount authorized to be obligated for the fiscal year, the unobligated balance of that amount shall— \n‘‘(i) remain available until expended; and ‘‘(ii) be in addition to amounts otherwise \navailable to carry out this section for each year; and \n‘‘(B)(i) pending such appropriation or replen-\nishment, the Secretary may obligate from any funds appropriated at any time for obligation in accordance with this title, including existing Federal-aid appropriations, such sums as are necessary for the immediate prosecution of the work herein authorized; and \n‘‘(ii) funds obligated under this subparagraph \nshall be reimbursed from the appropriation or replenishment. \n‘‘(d) E\nLIGIBILITY .— \n‘‘(1) I N GENERAL .—The Secretary may expend \nfunds from the emergency fund authorized by this section only for the repair or reconstruction of highways on Federal-aid highways in accord-ance with this chapter, except that— \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00283 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4442 June 28, 2012 \n‘‘(A) no funds shall be so expended unless an \nemergency has been declared by the Governor of the State with concurrence by the Secretary, unless the President has declared the emergency to be a major disaster for the purposes of the Robert T. Stafford Disaster Relief and Emer-gency Assistance Act (42 U.S.C. 5121 et seq.) for which concurrence of the Secretary is not re-quired; and \n‘‘(B) the Secretary has received an application \nfrom the State transportation department that includes a comprehensive list of all eligible project sites and repair costs by not later than 2 years after the natural disaster or catastrophic failure. \n‘‘(2) C\nOST LIMITATION .— \n‘‘(A) D EFINITION OF COMPARABLE FACILITY .— \nIn this paragraph, the term ‘comparable facility’ means a facility that meets the current geo-metric and construction standards required for the types and volume of traffic that the facility will carry over its design life. \n‘‘(B) L\nIMITATION .—The total cost of a project \nfunded under this section may not exceed the cost of repair or reconstruction of a comparable facility. \n‘‘(3) D\nEBRIS REMOVAL .—The costs of debris re-\nmoval shall be an eligible expense under this section only for— \n‘‘(A) an event not declared a major disaster or \nemergency by the President under the Robert T. Stafford Disaster Relief and Emergency Assist-ance Act (42 U.S.C. 5121 et seq.); or \n‘‘(B) an event declared a major disaster or \nemergency by the President under that Act if the debris removal is not eligible for assistance under section 403, 407, or 502 of that Act (42 U.S.C. 5170b, 5173, 5192). \n‘‘(4) T\nERRITORIES .—The total obligations for \nprojects under this section for any fiscal year in the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Is-lands shall not exceed $20,000,000. \n‘‘(5) S\nUBSTITUTE TRAFFIC .—Notwithstanding \nany other provision of this section, actual and necessary costs of maintenance and operation of ferryboats or additional transit service pro-viding temporary substitute highway traffic service, less the amount of fares charged for comparable service, may be expended from the emergency fund authorized by this section for Federal-aid highways. \n‘‘(e) T\nRIBAL TRANSPORTATION FACILITIES , \nFEDERAL LANDS TRANSPORTATION FACILITIES , \nANDPUBLIC ROADS ON FEDERAL LANDS.— \n‘‘(1) D EFINITION OF OPEN TO PUBLIC TRAVEL .— \nIn this subsection, the term ‘open to public trav-el’ means, with respect to a road, that, except during scheduled periods, extreme weather con-ditions, or emergencies, the road is open to the general public for use with a standard pas-senger vehicle, without restrictive gates or pro-hibitive signs or regulations, other than for gen-eral traffic control or restrictions based on size, weight, or class of registration. \n‘‘(2) E\nXPENDITURE OF FUNDS .—Notwith-\nstanding subsection (d)(1), the Secretary may expend funds from the emergency fund author-ized by this section, independently or in co-operation with any other branch of the Federal Government, a State agency, a tribal govern-ment, an organization, or a person, for the re-pair or reconstruction of tribal transportation facilities, Federal lands transportation facilities, and other federally owned roads that are open to public travel, whether or not those facilities are Federal-aid highways. \n‘‘(3) R\nEIMBURSEMENT .— \n‘‘(A) I N GENERAL .—The Secretary may reim-\nburse Federal and State agencies (including po-litical subdivisions) for expenditures made for projects determined eligible under this section, including expenditures for emergency repairs made before a determination of eligibility. \n‘‘(B) T\nRANSFERS .—With respect to reimburse-\nments described in subparagraph (A)— \n‘‘(i) those reimbursements to Federal agencies \nand Indian tribal governments shall be trans-ferred to the account from which the expendi-\nture was made, or to a similar account that re-mains available for obligation; and \n‘‘(ii) the budget authority associated with the \nexpenditure shall be restored to the agency from which the authority was derived and shall be available for obligation until the end of the fis-cal year following the year in which the trans-fer occurs. \n‘‘(f) T\nREATMENT OF TERRITORIES .—For pur-\nposes of this section, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands shall be considered to be States and parts of the United States, and the chief executive officer of each such territory shall be considered to be a Governor of a State. \n‘‘(g) P\nROTECTING PUBLIC SAFETY AND MAIN-\nTAINING ROADWAYS .—The Secretary may use not \nmore than 5 percent of amounts from the emer-gency fund authorized by this section to carry out projects that the Secretary determines are necessary to protect the public safety or to maintain or protect roadways that are included within the scope of an emergency declaration by the Governor of the State or by the President, in accordance with this section, and the Governor deems to be an ongoing concern in order to maintain vehicular traffic on the roadway.’’. \nSEC. 1108. SURFACE TRANSPORTATION PRO-\nGRAM. \n(a) E LIGIBLE PROJECTS .—Section 133(b) of title \n23, United States Code, is amended— \n(1) in the matter preceding paragraph (1) by \nstriking ‘‘section 104(b)(3)’’ and inserting ‘‘sec-tion 104(b)(2)’’; \n(2) by striking paragraph (1); (3) by redesignating paragraphs (2) through \n(15) as paragraphs (5) through (18), respectively; \n(4) by inserting before paragraph (5) (as so re-\ndesignated) the following: \n‘‘(1) Construction, reconstruction, rehabilita-\ntion, resurfacing, restoration, preservation, or operational improvements for highways, includ-ing construction of designated routes of the Ap-palachian development highway system and local access roads under section 14501 of title 40. \n‘‘(2) Replacement (including replacement with \nfill material), rehabilitation, preservation, pro-tection (including painting, scour counter-measures, seismic retrofits, impact protection measures, security countermeasures, and protec-tion against extreme events) and application of calcium magnesium acetate, sodium acetate/for-mate, or other environmentally acceptable, mini-mally corrosive anti-icing and deicing composi-tions for bridges (and approaches to bridges and other elevated structures) and tunnels on public roads of all functional classifications, including any such construction or reconstruction nec-essary to accommodate other transportation modes. \n‘‘(3) Construction of a new bridge or tunnel at \na new location on a Federal-aid highway. \n‘‘(4) Inspection and evaluation of bridges and \ntunnels and training of bridge and tunnel in-spectors (as defined in section 144), and inspec-tion and evaluation of other highway assets (in-cluding signs, retaining walls, and drainage structures).’’; \n(5) by striking paragraph (6) (as so redesig-\nnated) and inserting the following: \n‘‘(6) Carpool projects, fringe and corridor \nparking facilities and programs, including elec-tric vehicle and natural gas vehicle infrastruc-ture in accordance with section 137, bicycle transportation and pedestrian walkways in ac-cordance with section 217, and the modifications of public sidewalks to comply with the Ameri-cans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).’’; \n(6) by striking paragraph (7) (as so redesig-\nnated) and inserting the following: \n‘‘(7) Highway and transit safety infrastruc-\nture improvements and programs, installation of safety barriers and nets on bridges, hazard eliminations, projects to mitigate hazards caused by wildlife, and railway-highway grade cross-ings.’’; (7) in paragraph (11) (as so redesignated) by \nstriking ‘‘enhancement activities’’ and inserting ‘‘alternatives’’; \n(8) by striking paragraph (14) (as so redesig-\nnated) and inserting the following: \n‘‘(14) Environmental mitigation efforts relat-\ning to projects funded under this title in the same manner and to the same extent as such ac-tivities are eligible under section 119(g).’’; and \n(9) by inserting after paragraph (18) (as so re-\ndesignated) the following: \n‘‘(19) Projects and strategies designed to sup-\nport congestion pricing, including electric toll collection and travel demand management strat-egies and programs. \n‘‘(20) Recreational trails projects eligible for \nfunding under section 206. \n‘‘(21) Construction of ferry boats and ferry \nterminal facilities eligible for funding under sec-tion 129(c). \n‘‘(22) Border infrastructure projects eligible \nfor funding under section 1303 of the SAFETEA–LU (23 U.S.C. 101 note; Public Law 109–59). \n‘‘(23) Truck parking facilities eligible for \nfunding under section 1401 of the MAP–21. \n‘‘(24) Development and implementation of a \nState asset management plan for the National Highway System in accordance with section 119, including data collection, maintenance, and in-tegration and the costs associated with obtain-ing, updating, and licensing software and equipment required for risk based asset manage-ment and performance based management, and for similar activities related to the development and implementation of a performance based management program for other public roads. \n‘‘(25) A project that, if located within the \nboundaries of a port terminal, includes only such surface transportation infrastructure modifications as are necessary to facilitate di-rect intermodal interchange, transfer, and ac-cess into and out of the port. \n‘‘(26) Construction and operational improve-\nments for any minor collector if— \n‘‘(A) the minor collector, and the project to be \ncarried out with respect to the minor collector, are in the same corridor as, and in proximity to, a Federal-aid highway designated as part of the National Highway System; \n‘‘(B) the construction or improvements will \nenhance the level of service on the Federal-aid highway described in subparagraph (A) and im-prove regional traffic flow; and \n‘‘(C) the construction or improvements are \nmore cost-effective, as determined by a benefit- cost analysis, than an improvement to the Fed-eral-aid highway described in subparagraph (A).’’. \n(b) L\nOCATION OF PROJECTS .—Section 133 of \ntitle 23, United States Code, is amended by strik-ing subsection (c) and inserting the following: \n‘‘(c) L\nOCATION OF PROJECTS .—Surface trans-\nportation program projects may not be under-taken on roads functionally classified as local or rural minor collectors unless the roads were on a Federal-aid highway system on January 1, 1991, except— \n‘‘(1) as provided in subsection (g); ‘‘(2) for projects described in paragraphs (2), \n(4), (6), (7), (11), (20), (25), and (26) of subsection (b); and \n‘‘(3) as approved by the Secretary.’’. (c) A\nLLOCATION OF APPORTIONED FUNDS.— \nSection 133 of the title 23, United States Code, is amended by striking subsection (d) and insert-ing the following: \n‘‘(d) A\nLLOCATIONS OF APPORTIONED FUNDS TO \nAREAS BASED ON POPULATION .— \n‘‘(1) C ALCULATION .—Of the funds apportioned \nto a State under section 104(b)(2)— \n‘‘(A) 50 percent for a fiscal year shall be obli-\ngated under this section, in proportion to their relative shares of the population of the State— \n‘‘(i) in urbanized areas of the State with an \nurbanized area population of over 200,000; \n‘‘(ii) in areas of the State other than urban \nareas with a population greater than 5,000; and \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00284 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4443 June 28, 2012 \n‘‘(iii) in other areas of the State; and \n‘‘(B) 50 percent may be obligated in any area \nof the State. \n‘‘(2) M ETROPOLITAN AREAS .—Funds attributed \nto an urbanized area under paragraph (1)(A)(i) may be obligated in the metropolitan area estab-lished under section 134 that encompasses the urbanized area. \n‘‘(3) C\nONSULTATION WITH REGIONAL TRANSPOR -\nTATION PLANNING ORGANIZATIONS .—For purposes \nof paragraph (1)(A)(ii), before obligating fund-ing attributed to an area with a population greater than 5,000 and less than 200,000, a State shall consult with the regional transportation planning organizations that represent the area, if any. \n‘‘(4) D\nISTRIBUTION AMONG URBANIZED AREAS \nOF OVER 200 ,000 POPULATION .— \n‘‘(A) I N GENERAL .—Except as provided in sub-\nparagraph (B), the amount of funds that a State is required to obligate under paragraph (1)(A)(i) shall be obligated in urbanized areas described in paragraph (1)(A)(i) based on the relative pop-ulation of the areas. \n‘‘(B) O\nTHER FACTORS .—The State may obligate \nthe funds described in subparagraph (A) based on other factors if the State and the relevant metropolitan planning organizations jointly apply to the Secretary for the permission to base the obligation on other factors and the Sec-retary grants the request. \n‘‘(5) A\nPPLICABILITY OF PLANNING REQUIRE -\nMENTS .—Programming and expenditure of funds \nfor projects under this section shall be con-sistent with sections 134 and 135.’’. \n(d) A\nDMINISTRATION .—Section 133 of title 23, \nUnited States Code, is amended by striking sub-section (e) and inserting the following: \n‘‘(e) A\nDMINISTRATION .— \n‘‘(1) S UBMISSION OF PROJECT AGREEMENT .—For \neach fiscal year, each State shall submit a project agreement that— \n‘‘(A) certifies that the State will meet all the \nrequirements of this section; and \n‘‘(B) notifies the Secretary of the amount of \nobligations needed to carry out the program under this section. \n‘‘(2) R\nEQUEST FOR ADJUSTMENTS OF \nAMOUNTS .—Each State shall request from the \nSecretary such adjustments to the amount of ob-ligations referred to in paragraph (1)(B) as the State determines to be necessary. \n‘‘(3) E\nFFECT OF APPROVAL BY THE SEC -\nRETARY .—Approval by the Secretary of a project \nagreement under paragraph (1) shall be deemed a contractual obligation of the United States to pay surface transportation program funds made available under this title.’’. \n(e) O\nBLIGATION AUTHORITY .—Section 133(f)(1) \nof title 23, United States Code, is amended by striking ‘‘2004 through 2006 and the period of fiscal years 2007 through 2009’’ and inserting ‘‘2011 through 2014’’. \n(f) B\nRIDGES NOT ON FEDERAL -AID HIGH-\nWAYS .—Section 133 of the title 23, United States \nCode, is amended by adding at the end the fol-lowing: \n‘‘(g) B\nRIDGES NOT ON FEDERAL -AIDHIGH-\nWAYS .— \n‘‘(1) D EFINITION OF OFF -SYSTEM BRIDGE .—In \nthis subsection, the term ‘off-system bridge’ means a highway bridge located on a public road, other than a bridge on a Federal-aid high-way. \n‘‘(2) S\nPECIAL RULE .— \n‘‘(A) S ET-ASIDE .—Of the amounts apportioned \nto a State for fiscal year 2013 and each fiscal year thereafter under this section, the State shall obligate for activities described in sub-section (b)(2) for off-system bridges an amount that is not less than 15 percent of the amount of funds apportioned to the State for the highway bridge program for fiscal year 2009, except that amounts allocated under subsection (d) shall not be obligated to carry out this subsection. \n‘‘(B) R\nEDUCTION OF EXPENDITURES .—The Sec-\nretary, after consultation with State and local officials, may reduce the requirement for ex-penditures for off-system bridges under subpara-\ngraph (A) with respect to the State if the Sec-retary determines that the State has inadequate needs to justify the expenditure. \n‘‘(3) C\nREDIT FOR BRIDGES NOT ON FEDERAL -AID \nHIGHWAYS .—Notwithstanding any other provi-\nsion of law, with respect to any project not on a Federal-aid highway for the replacement of a bridge or rehabilitation of a bridge that is whol-ly funded from State and local sources, is eligi-ble for Federal funds under this section, is non-controversial, is certified by the State to have been carried out in accordance with all stand-ards applicable to such projects under this sec-tion, and is determined by the Secretary upon completion to be no longer a deficient bridge— \n‘‘(A) any amount expended after the date of \nenactment of this subsection from State and local sources for the project in excess of 20 per-cent of the cost of construction of the project may be credited to the non-Federal share of the cost of other bridge projects in the State that are eligible for Federal funds under this section; and \n‘‘(B) that crediting shall be conducted in ac-\ncordance with procedures established by the Secretary. \n‘‘(h) S\nPECIAL RULE FOR AREAS OF LESSTHAN \n5,000 P OPULATION .— \n‘‘(1) S PECIAL RULE .—Notwithstanding sub-\nsection (c), and except as provided in paragraph (2), up to 15 percent of the amounts required to be obligated by a State under subsection (d)(1)(A)(iii) for each of fiscal years 2013 through 2014 may be obligated on roads func-tionally classified as minor collectors. \n‘‘(2) S\nUSPENSION .—The Secretary may suspend \nthe application of paragraph (1) with respect to a State if the Secretary determines that the au-thority provided under paragraph (1) is being used excessively by the State.’’. \nSEC. 1109. WORKFORCE DEVELOPMENT. \n(a) O N-THE-JOBTRAINING .—Section 140(b) of \ntitle 23, United States Code, is amended— \n(1) in the second sentence, by striking ‘‘When-\never apportionments are made under section 104(b)(3) of this title,’’ and inserting ‘‘From ad-ministrative funds made available under section 104(a),’’; and \n(2) in the fourth sentence, by striking ‘‘and \nthe bridge program under section 144’’. \n(b) D\nISADVANTAGED BUSINESS ENTERPRISE .— \nSection 140(c) of title 23, United States Code, is amended in the second sentence by striking ‘‘Whenever apportionments are made under sec-tion 104(b)(3),’’ and inserting ‘‘From administra-tive funds made available under section 104(a),’’. \nSEC. 1110. HIGHWAY USE TAX EVASION \nPROJECTS. \nSection 143 of title 23, United States Code, is \namended— \n(1) in subsection (b)— (A) by striking paragraph (2) and inserting \nthe following: \n‘‘(2) F\nUNDING .— \n‘‘(A) I N GENERAL .—From administrative funds \nmade available under section 104(a), the Sec-retary shall deduct such sums as are necessary, not to exceed $10,000,000 for each of fiscal years 2013 and 2014, to carry out this section. \n‘‘(B) A\nLLOCATION OF FUNDS .—Funds made \navailable to carry out this section may be allo-cated to the Internal Revenue Service and the States at the discretion of the Secretary, except that of funds so made available for each fiscal year, $2,000,000 shall be available only to carry out intergovernmental enforcement efforts, in-cluding research and training.’’; and \n(B) in paragraph (8) by striking ‘‘section \n104(b)(3)’’ and inserting ‘‘section 104(b)(2)’’; and \n(2) in subsection (c)(3) by striking ‘‘for each of \nfiscal years 2005 through 2009,’’ and inserting ‘‘for each fiscal year,’’. SEC. 1111. NATIONAL BRIDGE AND TUNNEL IN-\nVENTORY AND INSPECTION STAND-ARDS. \n(a) I NGENERAL .—Section 144 of title 23, \nUnited States Code, is amended to read as fol-lows: \n‘‘§ 144. National bridge and tunnel inventory \nand inspection standards \n‘‘(a) F\nINDINGS AND DECLARATIONS .— \n‘‘(1) F INDINGS .—Congress finds that— \n‘‘(A) the condition of the bridges of the United \nStates has improved since the date of enactment of the Transportation Equity Act for the 21st Century (Public Law 105–178; 112 Stat. 107), yet continued improvement to bridge conditions is essential to protect the safety of the traveling public and allow for the efficient movement of people and goods on which the economy of the United States relies; and \n‘‘(B) the systematic preventative maintenance \nof bridges, and replacement and rehabilitation of deficient bridges, should be undertaken through an overall asset management approach to transportation investment. \n‘‘(2) D\nECLARATIONS .—Congress declares that it \nis in the vital interest of the United States— \n‘‘(A) to inventory, inspect, and improve the \ncondition of the highway bridges and tunnels of the United States; \n‘‘(B) to use a data-driven, risk-based ap-\nproach and cost-effective strategy for systematic preventative maintenance, replacement, and re-habilitation of highway bridges and tunnels to ensure safety and extended service life; \n‘‘(C) to use performance-based bridge manage-\nment systems to assist States in making timely investments; \n‘‘(D) to ensure accountability and link per-\nformance outcomes to investment decisions; and \n‘‘(E) to ensure connectivity and access for \nresidents of rural areas of the United States through strategic investments in National High-way System bridges and bridges on all public roads. \n‘‘(b) N\nATIONAL BRIDGE AND TUNNEL INVEN-\nTORIES .—The Secretary, in consultation with \nthe States and Federal agencies with jurisdic-tion over highway bridges and tunnels, shall— \n‘‘(1) inventory all highway bridges on public \nroads, on and off Federal-aid highways, includ-ing tribally owned and Federally owned bridges, that are bridges over waterways, other topo-graphical barriers, other highways, and rail-roads; \n‘‘(2) inventory all tunnels on public roads, on \nand off Federal-aid highways, including tribally owned and Federally owned tunnels; \n‘‘(3) classify the bridges according to service-\nability, safety, and essentiality for public use, including the potential impacts to emergency evacuation routes and to regional and national freight and passenger mobility if the service-ability of the bridge is restricted or diminished; \n‘‘(4) based on that classification, assign each \na risk-based priority for systematic preventative maintenance, replacement, or rehabilitation; and \n‘‘(5) determine the cost of replacing each \nstructurally deficient bridge identified under this subsection with a comparable facility or the cost of rehabilitating the bridge. \n‘‘(c) G\nENERAL BRIDGE AUTHORITY .— \n‘‘(1) I N GENERAL .—Except as provided in para-\ngraph (2) and notwithstanding any other provi-sion of law, the General Bridge Act of 1946 (33 U.S.C. 525 et seq.) shall apply to bridges author-ized to be replaced, in whole or in part, by this title. \n‘‘(2) E\nXCEPTION .—Section 502(b) of the Gen-\neral Bridge Act of 1946 (33 U.S.C. 525(b)) and section 9 of the Act of March 3, 1899 (33 U.S.C. 401), shall not apply to any bridge constructed, reconstructed, rehabilitated, or replaced with assistance under this title, if the bridge is over waters that— \n‘‘(A) are not used and are not susceptible to \nuse in the natural condition of the bridge or by \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00285 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4444 June 28, 2012 \nreasonable improvement as a means to transport \ninterstate or foreign commerce; and \n‘‘(B) are— ‘‘(i) not tidal; or ‘‘(ii) if tidal, used only by recreational boat-\ning, fishing, and other small vessels that are less than 21 feet in length. \n‘‘(d) I\nNVENTORY UPDATES AND REPORTS .— \n‘‘(1) I N GENERAL .—The Secretary shall— \n‘‘(A) annually revise the inventories author-\nized by subsection (b); and \n‘‘(B) submit to the Committee on Transpor-\ntation and Infrastructure of the House of Rep-resentatives and the Committee on Environment and Public Works of the Senate a report on the inventories. \n‘‘(2) I\nNSPECTION REPORT .—Not later than 2 \nyears after the date of enactment of the MAP– 21, each State and appropriate Federal agency shall report element level data to the Secretary, as each bridge is inspected pursuant to this sec-tion, for all highway bridges on the National Highway System. \n‘‘(3) G\nUIDANCE .—The Secretary shall provide \nguidance to States and Federal agencies for im-plementation of this subsection, while respecting the existing inspection schedule of each State. \n‘‘(4) B\nRIDGES NOT ON NATIONAL HIGHWAY SYS -\nTEM.—The Secretary shall— \n‘‘(A) conduct a study on the benefits, cost-ef-\nfectiveness, and feasibility of requiring element- level data collection for bridges not on the Na-tional Highway System; and \n‘‘(B) submit to the Committee on Transpor-\ntation and Infrastructure of the House of Rep-resentatives and the Committee on Environment and Public Works of the Senate a report on the results of the study. \n‘‘(e) B\nRIDGES WITHOUT TAXING POWERS .— \n‘‘(1) I N GENERAL .—Notwithstanding any other \nprovision of law, any bridge that is owned and operated by an agency that does not have tax-ing powers and whose functions include oper-ating a federally assisted public transit system subsidized by toll revenues shall be eligible for assistance under this title, but the amount of such assistance shall in no event exceed the cu-mulative amount which such agency has ex-pended for capital and operating costs to sub-sidize such transit system. \n‘‘(2) I\nNSUFFICIENT ASSETS .—Before authorizing \nan expenditure of funds under this subsection, the Secretary shall determine that the applicant agency has insufficient reserves, surpluses, and projected revenues (over and above those re-quired for bridge and transit capital and oper-ating costs) to fund the bridge project or activity eligible for assistance under this title. \n‘‘(3) C\nREDITING OF NON -FEDERAL FUNDS .—Any \nnon-Federal funds expended for the seismic ret-rofit of the bridge may be credited toward the non-Federal share required as a condition of re-ceipt of any Federal funds for seismic retrofit of the bridge made available after the date of the expenditure. \n‘‘(f) R\nEPLACEMENT OF DESTROYED BRIDGES \nANDFERRY BOATSERVICE .— \n‘‘(1) I N GENERAL .—Notwithstanding any other \nprovision of law, a State may use the funds ap-portioned under section 104(b)(2) to construct any bridge that replaces— \n‘‘(A) any low water crossing (regardless of the \nlength of the low water crossing); \n‘‘(B) any bridge that was destroyed prior to \nJanuary 1, 1965; \n‘‘(C) any ferry that was in existence on Janu-\nary 1, 1984; or \n‘‘(D) any road bridge that is rendered obsolete \nas a result of a Corps of Engineers flood control or channelization project and is not rebuilt with funds from the Corps of Engineers. \n‘‘(2) F\nEDERAL SHARE .—The Federal share pay-\nable on any bridge construction carried out under paragraph (1) shall be 80 percent of the cost of the construction. \n‘‘(g) H\nISTORIC BRIDGES .— \n‘‘(1) D EFINITION OF HISTORIC BRIDGE .—In this \nsubsection, the term ‘historic bridge’ means any bridge that is listed on, or eligible for listing on, \nthe National Register of Historic Places. \n‘‘(2) C OORDINATION .—The Secretary shall, in \ncooperation with the States, encourage the re-tention, rehabilitation, adaptive reuse, and fu-ture study of historic bridges. \n‘‘(3) S\nTATE INVENTORY .—The Secretary shall \nrequire each State to complete an inventory of all bridges on and off Federal-aid highways to determine the historic significance of the bridges. \n‘‘(4) E\nLIGIBILITY .— \n‘‘(A) I N GENERAL .—Subject to subparagraph \n(B), reasonable costs associated with actions to preserve, or reduce the impact of a project under this chapter on, the historic integrity of a his-toric bridge shall be eligible as reimbursable project costs under section 133 if the load capac-ity and safety features of the historic bridge are adequate to serve the intended use for the life of the historic bridge. \n‘‘(B) B\nRIDGES NOT USED FOR VEHICLE TRAF -\nFIC.—In the case of a historic bridge that is no \nlonger used for motorized vehicular traffic, the costs eligible as reimbursable project costs pur-suant to this chapter shall not exceed the esti-mated cost of demolition of the historic bridge. \n‘‘(5) P\nRESERVATION .—Any State that proposes \nto demolish a historic bridge for a replacement project with funds made available to carry out this section shall first make the historic bridge available for donation to a State, locality, or re-sponsible private entity if the State, locality, or responsible entity enters into an agreement— \n‘‘(A) to maintain the bridge and the features \nthat give the historic bridge its historic signifi-cance; and \n‘‘(B) to assume all future legal and financial \nresponsibility for the historic bridge, which may include an agreement to hold the State trans-portation department harmless in any liability action. \n‘‘(6) C\nOSTS INCURRED .— \n‘‘(A) I N GENERAL .—Costs incurred by the State \nto preserve a historic bridge (including funds made available to the State, locality, or private entity to enable it to accept the bridge) shall be \neligible as reimbursable project costs under this chapter in an amount not to exceed the cost of demolition. \n‘‘(B) A\nDDITIONAL FUNDING .—Any bridge pre-\nserved pursuant to this paragraph shall not be eligible for any other funds authorized pursuant to this title. \n‘‘(h) N\nATIONAL BRIDGE AND TUNNEL INSPEC -\nTION STANDARDS .— \n‘‘(1) R EQUIREMENT .— \n‘‘(A) I N GENERAL .—The Secretary shall estab-\nlish and maintain inspection standards for the proper inspection and evaluation of all highway bridges and tunnels for safety and service-ability. \n‘‘(B) U\nNIFORMITY .—The standards under this \nsubsection shall be designed to ensure uni-formity of the inspections and evaluations. \n‘‘(2) M\nINIMUM REQUIREMENTS OF INSPECTION \nSTANDARDS .—The standards established under \nparagraph (1) shall, at a minimum— \n‘‘(A) specify, in detail, the method by which \nthe inspections shall be carried out by the States, Federal agencies, and tribal govern-ments; \n‘‘(B) establish the maximum time period be-\ntween inspections; \n‘‘(C) establish the qualifications for those \ncharged with carrying out the inspections; \n‘‘(D) require each State, Federal agency, and \ntribal government to maintain and make avail-able to the Secretary on request— \n‘‘(i) written reports on the results of highway \nbridge and tunnel inspections and notations of any action taken pursuant to the findings of the inspections; and \n‘‘(ii) current inventory data for all highway \nbridges and tunnels reflecting the findings of the most recent highway bridge and tunnel in-spections conducted; and \n‘‘(E) establish a procedure for national certifi-\ncation of highway bridge inspectors and tunnel inspectors. ‘‘(3) S\nTATE COMPLIANCE WITH INSPECTION \nSTANDARDS .—The Secretary shall, at a min-\nimum— \n‘‘(A) establish, in consultation with the \nStates, Federal agencies, and interested and knowledgeable private organizations and indi-viduals, procedures to conduct reviews of State compliance with— \n‘‘(i) the standards established under this sub-\nsection; and \n‘‘(ii) the calculation or reevaluation of bridge \nload ratings; and \n‘‘(B) establish, in consultation with the \nStates, Federal agencies, and interested and knowledgeable private organizations and indi-viduals, procedures for States to follow in re-porting to the Secretary— \n‘‘(i) critical findings relating to structural or \nsafety-related deficiencies of highway bridges and tunnels; and \n‘‘(ii) monitoring activities and corrective ac-\ntions taken in response to a critical finding de-scribed in clause (i). \n‘‘(4) R\nEVIEWS OF STATE COMPLIANCE .— \n‘‘(A) I N GENERAL .—The Secretary shall annu-\nally review State compliance with the standards established under this section. \n‘‘(B) N\nONCOMPLIANCE .—If an annual review \nin accordance with subparagraph (A) identifies noncompliance by a State, the Secretary shall— \n‘‘(i) issue a report detailing the issues of the \nnoncompliance by December 31 of the calendar year in which the review was made; and \n‘‘(ii) provide the State an opportunity to ad-\ndress the noncompliance by— \n‘‘(I) developing a corrective action plan to \nremedy the noncompliance; or \n‘‘(II) resolving the issues of noncompliance \nnot later than 45 days after the date of notifica-tion. \n‘‘(5) P\nENALTY FOR NONCOMPLIANCE .— \n‘‘(A) I N GENERAL .—If a State fails to satisfy \nthe requirements of paragraph (4)(B) by August 1 of the calendar year following the year of a finding of noncompliance, the Secretary shall, on October 1 of that year, and each year there-after as may be necessary, require the State to dedicate funds apportioned to the State under sections 119 and 133 after the date of enactment of the MAP–21 to correct the noncompliance with the minimum inspection standards estab-lished under this subsection. \n‘‘(B) A\nMOUNT .—The amount of the funds to be \ndirected to correcting noncompliance in accord-ance with subparagraph (A) shall— \n‘‘(i) be determined by the State based on an \nanalysis of the actions needed to address the noncompliance; and \n‘‘(ii) require approval by the Secretary. ‘‘(6) U\nPDATE OF STANDARDS .—Not later than 3 \nyears after the date of enactment of the MAP– 21, the Secretary shall update inspection stand-ards to cover— \n‘‘(A) the methodology, training, and qualifica-\ntions for inspectors; and \n‘‘(B) the frequency of inspection. ‘‘(7) R\nISK-BASED APPROACH .—In carrying out \nthe revisions required by paragraph (6), the Sec-retary shall consider a risk-based approach to determining the frequency of bridge inspections. \n‘‘(i) T\nRAINING PROGRAM FOR BRIDGE AND TUN-\nNELINSPECTORS .— \n‘‘(1) I N GENERAL .—The Secretary, in coopera-\ntion with the State transportation departments, shall maintain a program designed to train ap-propriate personnel to carry out highway bridge and tunnel inspections. \n‘‘(2) R\nEVISIONS .—The training program shall \nbe revised from time to time to take into account new and improved techniques. \n‘‘(j) A\nVAILABILITY OF FUNDS.—In carrying out \nthis section— \n‘‘(1) the Secretary may use funds made avail-\nable to the Secretary under sections 104(a) and 503; \n‘‘(2) a State may use amounts apportioned to \nthe State under section 104(b)(1) and 104(b)(3); \n‘‘(3) an Indian tribe may use funds made \navailable to the Indian tribe under section 202; and \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00286 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4445 June 28, 2012 \n‘‘(4) a Federal agency may use funds made \navailable to the agency under section 503.’’. \n(b) C ONFORMING AMENDMENT .—The analysis \nfor chapter 1 of title 23, United States Code, is amended by striking the item relating to section 144 and inserting the following: \n‘‘144. National bridge and tunnel inventory and \ninspection standards.’’. \nSEC. 1112. HIGHWAY SAFETY IMPROVEMENT PRO-\nGRAM. \n(a) I NGENERAL .—Section 148 of title 23, \nUnited States Code, is amended to read as fol-lows: \n‘‘§ 148. Highway safety improvement program \n‘‘(a) D\nEFINITIONS .—In this section, the fol-\nlowing definitions apply: \n‘‘(1) H IGH RISK RURAL ROAD .—The term ‘high \nrisk rural road’ means any roadway function-ally classified as a rural major or minor col-lector or a rural local road with significant safe-ty risks, as defined by a State in accordance with an updated State strategic highway safety plan. \n‘‘(2) H\nIGHWAY BASEMAP .—The term ‘highway \nbasemap’ means a representation of all public roads that can be used to geolocate attribute data on a roadway. \n‘‘(3) H\nIGHWAY SAFETY IMPROVEMENT PRO -\nGRAM .—The term ‘highway safety improvement \nprogram’ means projects, activities, plans, and reports carried out under this section. \n‘‘(4) H\nIGHWAY SAFETY IMPROVEMENT \nPROJECT .— \n‘‘(A) I N GENERAL .—The term ‘highway safety \nimprovement project’ means strategies, activi-ties, and projects on a public road that are con-sistent with a State strategic highway safety plan and— \n‘‘(i) correct or improve a hazardous road loca-\ntion or feature; or \n‘‘(ii) address a highway safety problem. ‘‘(B) I\nNCLUSIONS .—The term ‘highway safety \nimprovement project’ includes, but is not limited to, a project for 1 or more of the following: \n‘‘(i) An intersection safety improvement. ‘‘(ii) Pavement and shoulder widening (in-\ncluding addition of a passing lane to remedy an unsafe condition). \n‘‘(iii) Installation of rumble strips or another \nwarning device, if the rumble strips or other warning devices do not adversely affect the safety or mobility of bicyclists and pedestrians, including persons with disabilities. \n‘‘(iv) Installation of a skid-resistant surface at \nan intersection or other location with a high frequency of crashes. \n‘‘(v) An improvement for pedestrian or bicy-\nclist safety or safety of persons with disabilities. \n‘‘(vi) Construction and improvement of a rail-\nway-highway grade crossing safety feature, in-cluding installation of protective devices. \n‘‘(vii) The conduct of a model traffic enforce-\nment activity at a railway-highway crossing. \n‘‘(viii) Construction of a traffic calming fea-\nture. \n‘‘(ix) Elimination of a roadside hazard. ‘‘(x) Installation, replacement, and other im-\nprovement of highway signage and pavement markings, or a project to maintain minimum lev-els of retroreflectivity, that addresses a highway safety problem consistent with a State strategic highway safety plan. \n‘‘(xi) Installation of a priority control system \nfor emergency vehicles at signalized intersec-tions. \n‘‘(xii) Installation of a traffic control or other \nwarning device at a location with high crash potential. \n‘‘(xiii) Transportation safety planning. ‘‘(xiv) Collection, analysis, and improvement \nof safety data. \n‘‘(xv) Planning integrated interoperable emer-\ngency communications equipment, operational activities, or traffic enforcement activities (in-cluding police assistance) relating to work zone safety. \n‘‘(xvi) Installation of guardrails, barriers (in-\ncluding barriers between construction work zones and traffic lanes for the safety of road \nusers and workers), and crash attenuators. \n‘‘(xvii) The addition or retrofitting of struc-\ntures or other measures to eliminate or reduce crashes involving vehicles and wildlife. \n‘‘(xviii) Installation of yellow-green signs and \nsignals at pedestrian and bicycle crossings and in school zones. \n‘‘(xix) Construction and operational improve-\nments on high risk rural roads. \n‘‘(xx) Geometric improvements to a road for \nsafety purposes that improve safety. \n‘‘(xxi) A road safety audit. ‘‘(xxii) Roadway safety infrastructure im-\nprovements consistent with the recommenda-tions included in the publication of the Federal Highway Administration entitled ‘Highway De-sign Handbook for Older Drivers and Pedes-trians’ (FHWA–RD–01–103), dated May 2001 or as subsequently revised and updated. \n‘‘(xxiii) Truck parking facilities eligible for \nfunding under section 1401 of the MAP–21. \n‘‘(xxiv) Systemic safety improvements. ‘‘(5) M\nODEL INVENTORY OF ROADWAY ELE -\nMENTS .—The term ‘model inventory of roadway \nelements’ means the listing and standardized coding by the Federal Highway Administration of roadway and traffic data elements critical to safety management, analysis, and decision-making. \n‘‘(6) P\nROJECT TO MAINTAIN MINIMUM LEVELS \nOF RETROREFLECTIVITY .—The term ‘project to \nmaintain minimum levels of retroreflectivity’ means a project that is designed to maintain a highway sign or pavement marking retroreflectivity at or above the minimum levels prescribed in Federal or State regulations. \n‘‘(7) R\nOAD SAFETY AUDIT .—The term ‘road \nsafety audit’ means a formal safety performance examination of an existing or future road or intersection by an independent multidisci-plinary audit team. \n‘‘(8) R\nOAD USERS .—The term ‘road user’ means \na motorist, passenger, public transportation op-erator or user, truck driver, bicyclist, motorcy-clist, or pedestrian, including a person with dis-abilities. \n‘‘(9) S\nAFETY DATA .— \n‘‘(A) I N GENERAL .—The term ‘safety data’ \nmeans crash, roadway, and traffic data on a public road. \n‘‘(B) I\nNCLUSION .—The term ‘safety data’ in-\ncludes, in the case of a railway-highway grade crossing, the characteristics of highway and train traffic, licensing, and vehicle data. \n‘‘(10) S\nAFETY PROJECT UNDER ANY OTHER SEC -\nTION.— \n‘‘(A) I N GENERAL .—The term ‘safety project \nunder any other section’ means a project carried out for the purpose of safety under any other section of this title. \n‘‘(B) I\nNCLUSION .—The term ‘safety project \nunder any other section’ includes— \n‘‘(i) a project consistent with the State stra-\ntegic highway safety plan that promotes the awareness of the public and educates the public concerning highway safety matters (including motorcycle safety); \n‘‘(ii) a project to enforce highway safety laws; \nand \n‘‘(iii) a project to provide infrastructure and \ninfrastructure-related equipment to support emergency services. \n‘‘(11) S\nTATE HIGHWAY SAFETY IMPROVEMENT \nPROGRAM .—The term ‘State highway safety im-\nprovement program’ means a program of high-way safety improvement projects, activities, plans and reports carried out as part of the Statewide transportation improvement program under section 135(g). \n‘‘(12) S\nTATE STRATEGIC HIGHWAY SAFETY \nPLAN.—The term ‘State strategic highway safety \nplan’ means a comprehensive plan, based on safety data, developed by a State transportation department that— \n‘‘(A) is developed after consultation with— ‘‘(i) a highway safety representative of the \nGovernor of the State; ‘‘(ii) regional transportation planning organi-\nzations and metropolitan planning organiza-tions, if any; \n‘‘(iii) representatives of major modes of trans-\nportation; \n‘‘(iv) State and local traffic enforcement offi-\ncials; \n‘‘(v) a highway-rail grade crossing safety rep-\nresentative of the Governor of the State; \n‘‘(vi) representatives conducting a motor car-\nrier safety program under section 31102, 31106, or 31309 of title 49; \n‘‘(vii) motor vehicle administration agencies; ‘‘(viii) county transportation officials; ‘‘(ix) State representatives of nonmotorized \nusers; and \n‘‘(x) other major Federal, State, tribal, and \nlocal safety stakeholders; \n‘‘(B) analyzes and makes effective use of \nState, regional, local, or tribal safety data; \n‘‘(C) addresses engineering, management, op-\neration, education, enforcement, and emergency services elements (including integrated, inter-operable emergency communications) of high-way safety as key factors in evaluating high-way projects; \n‘‘(D) considers safety needs of, and high-fa-\ntality segments of, all public roads, including non-State-owned public roads and roads on trib-al land; \n‘‘(E) considers the results of State, regional, or \nlocal transportation and highway safety plan-ning processes; \n‘‘(F) describes a program of strategies to re-\nduce or eliminate safety hazards; \n‘‘(G) is approved by the Governor of the State \nor a responsible State agency; \n‘‘(H) is consistent with section 135(g); and ‘‘(I) is updated and submitted to the Secretary \nfor approval as required under subsection (d)(2). \n‘‘(13) S\nYSTEMIC SAFETY IMPROVEMENT .—The \nterm ‘systemic safety improvement’ means an improvement that is widely implemented based on high-risk roadway features that are cor-related with particular crash types, rather than crash frequency. \n‘‘(b) P\nROGRAM .— \n‘‘(1) I N GENERAL .—The Secretary shall carry \nout a highway safety improvement program. \n‘‘(2) P URPOSE .—The purpose of the highway \nsafety improvement program shall be to achieve a significant reduction in traffic fatalities and serious injuries on all public roads, including non-State-owned public roads and roads on trib-al land. \n‘‘(c) E\nLIGIBILITY .— \n‘‘(1) I N GENERAL .—To obligate funds appor-\ntioned under section 104(b)(3) to carry out this section, a State shall have in effect a State highway safety improvement program under which the State— \n‘‘(A) develops, implements, and updates a \nState strategic highway safety plan that identi-fies and analyzes highway safety problems and opportunities as provided in subsections (a)(12) and (d); \n‘‘(B) produces a program of projects or strate-\ngies to reduce identified safety problems; and \n‘‘(C) evaluates the strategic highway safety \nplan on a regularly recurring basis in accord-ance with subsection (d)(1) to ensure the accu-racy of the data and priority of proposed strate-gies. \n‘‘(2) I\nDENTIFICATION AND ANALYSIS OF HIGH -\nWAY SAFETY PROBLEMS AND OPPORTUNITIES .—As \npart of the State highway safety improvement program, a State shall— \n‘‘(A) have in place a safety data system with \nthe ability to perform safety problem identifica-tion and countermeasure analysis— \n‘‘(i) to improve the timeliness, accuracy, com-\npleteness, uniformity, integration, and accessi-bility of the safety data on all public roads, in-cluding non-State-owned public roads and roads on tribal land in the State; \n‘‘(ii) to evaluate the effectiveness of data im-\nprovement efforts; \n‘‘(iii) to link State data systems, including \ntraffic records, with other data systems within the State; \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00287 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4446 June 28, 2012 \n‘‘(iv) to improve the compatibility and inter-\noperability of safety data with other State transportation-related data systems and the compatibility and interoperability of State safe-ty data systems with data systems of other States and national data systems; \n‘‘(v) to enhance the ability of the Secretary to \nobserve and analyze national trends in crash occurrences, rates, outcomes, and cir-cumstances; and \n‘‘(vi) to improve the collection of data on non-\nmotorized crashes; \n‘‘(B) based on the analysis required by sub-\nparagraph (A)— \n‘‘(i) identify hazardous locations, sections, \nand elements (including roadside obstacles, rail-way-highway crossing needs, and unmarked or poorly marked roads) that constitute a danger to motorists (including motorcyclists), bicyclists, pedestrians, and other highway users; \n‘‘(ii) using such criteria as the State deter-\nmines to be appropriate, establish the relative severity of those locations, in terms of crashes (including crash rates), fatalities, serious inju-ries, traffic volume levels, and other relevant data; \n‘‘(iii) identify the number of fatalities and se-\nrious injuries on all public roads by location in the State; \n‘‘(iv) identify highway safety improvement \nprojects on the basis of crash experience, crash potential, crash rate, or other data-supported means; and \n‘‘(v) consider which projects maximize oppor-\ntunities to advance safety; \n‘‘(C) adopt strategic and performance-based \ngoals that— \n‘‘(i) address traffic safety, including behav-\nioral and infrastructure problems and opportu-nities on all public roads; \n‘‘(ii) focus resources on areas of greatest need; \nand \n‘‘(iii) are coordinated with other State high-\nway safety programs; \n‘‘(D) advance the capabilities of the State for \nsafety data collection, analysis, and integration in a manner that— \n‘‘(i) complements the State highway safety \nprogram under chapter 4 and the commercial ve-hicle safety plan under section 31102 of title 49; \n‘‘(ii) includes all public roads, including pub-\nlic non-State-owned roads and roads on tribal land; \n‘‘(iii) identifies hazardous locations, sections, \nand elements on all public roads that constitute a danger to motorists (including motorcyclists), bicyclists, pedestrians, persons with disabilities, and other highway users; \n‘‘(iv) includes a means of identifying the rel-\native severity of hazardous locations described in clause (iii) in terms of crashes (including crash rate), serious injuries, fatalities, and traf-fic volume levels; and \n‘‘(v) improves the ability of the State to iden-\ntify the number of fatalities and serious injuries on all public roads in the State with a break-down by functional classification and owner-ship in the State; \n‘‘(E)(i) determine priorities for the correction \nof hazardous road locations, sections, and ele-ments (including railway-highway crossing im-provements), as identified through safety data analysis; \n‘‘(ii) identify opportunities for preventing the \ndevelopment of such hazardous conditions; and \n‘‘(iii) establish and implement a schedule of \nhighway safety improvement projects for hazard correction and hazard prevention; and \n‘‘(F)(i) establish an evaluation process to ana-\nlyze and assess results achieved by highway safety improvement projects carried out in ac-cordance with procedures and criteria estab-lished by this section; and \n‘‘(ii) use the information obtained under \nclause (i) in setting priorities for highway safety improvement projects. \n‘‘(d) U\nPDATES TO STRATEGIC HIGHWAY SAFETY \nPLANS.— ‘‘(1) E STABLISHMENT OF REQUIREMENTS .— \n‘‘(A) I N GENERAL .—Not later than 1 year after \nthe date of enactment of the MAP–21, the Sec-retary shall establish requirements for regularly recurring State updates of strategic highway safety plans. \n‘‘(B) C\nONTENTS OF UPDATED STRATEGIC HIGH -\nWAY SAFETY PLANS .—In establishing require-\nments under this subsection, the Secretary shall ensure that States take into consideration, with respect to updated strategic highway safety plans— \n‘‘(i) the findings of road safety audits; ‘‘(ii) the locations of fatalities and serious in-\njuries; \n‘‘(iii) the locations that do not have an empir-\nical history of fatalities and serious injuries, but possess risk factors for potential crashes; \n‘‘(iv) rural roads, including all public roads, \ncommensurate with fatality data; \n‘‘(v) motor vehicle crashes that include fatali-\nties or serious injuries to pedestrians and bicyclists; \n‘‘(vi) the cost-effectiveness of improvements; ‘‘(vii) improvements to rail-highway grade \ncrossings; and \n‘‘(viii) safety on all public roads, including \nnon-State-owned public roads and roads on trib-al land. \n‘‘(2) A\nPPROVAL OF UPDATED STRATEGIC HIGH -\nWAY SAFETY PLANS .— \n‘‘(A) I N GENERAL .—Each State shall— \n‘‘(i) update the strategic highway safety plans \nof the State in accordance with the requirements established by the Secretary under this sub-section; and \n‘‘(ii) submit the updated plans to the Sec-\nretary, along with a detailed description of the process used to update the plan. \n‘‘(B) R\nEQUIREMENTS FOR APPROVAL .—The Sec-\nretary shall not approve the process for an up-dated strategic highway safety plan unless— \n‘‘(i) the updated strategic highway safety \nplan is consistent with the requirements of this subsection and subsection (a)(12); and \n‘‘(ii) the process used is consistent with the re-\nquirements of this subsection. \n‘‘(3) P\nENALTY FOR FAILURE TO HAVE AN AP -\nPROVED UPDATED STRATEGIC HIGHWAY SAFETY \nPLAN.—If a State does not have an updated \nstrategic highway safety plan with a process ap-proved by the Secretary by August 1 of the fiscal year beginning after the date of establishment of the requirements under paragraph (1), the State shall not be eligible to receive any additional limitation pursuant to the redistribution of the limitation on obligations for Federal-aid high-way and highway safety construction programs that occurs after August 1 for each succeeding fiscal year until the fiscal year during which the plan is approved. \n‘‘(e) E\nLIGIBLE PROJECTS .— \n‘‘(1) I N GENERAL .—Funds apportioned to the \nState under section 104(b)(3) may be obligated to carry out— \n‘‘(A) any highway safety improvement project \non any public road or publicly owned bicycle or pedestrian pathway or trail; \n‘‘(B) as provided in subsection (g); or ‘‘(C) any project to maintain minimum levels \nof retroreflectivity with respect to a public road, without regard to whether the project is in-cluded in an applicable State strategic highway safety plan. \n‘‘(2) U\nSE OF OTHER FUNDING FOR SAFETY .— \n‘‘(A) E FFECT OF SECTION .—Nothing in this sec-\ntion prohibits the use of funds made available under other provisions of this title for highway safety improvement projects. \n‘‘(B) U\nSE OF OTHER FUNDS .—States are en-\ncouraged to address the full scope of the safety needs and opportunities of the States by using funds made available under other provisions of this title (except a provision that specifically prohibits that use). \n‘‘(f) D\nATAIMPROVEMENT .— \n‘‘(1) D EFINITION OF DATA IMPROVEMENT AC -\nTIVITIES .—In this subsection, the following defi-\nnitions apply: ‘‘(A) I N GENERAL .—The term ‘data improve-\nment activities’ means a project or activity to further the capacity of a State to make more in-formed and effective safety infrastructure in-vestment decisions. \n‘‘(B) I\nNCLUSIONS .—The term ‘data improve-\nment activities’ includes a project or activity— \n‘‘(i) to create, update, or enhance a highway \nbasemap of all public roads in a State; \n‘‘(ii) to collect safety data, including data \nidentified as part of the model inventory for roadway elements, for creation of or use on a highway basemap of all public roads in a State; \n‘‘(iii) to store and maintain safety data in an \nelectronic manner; \n‘‘(iv) to develop analytical processes for safety \ndata elements; \n‘‘(v) to acquire and implement roadway safety \nanalysis tools; and \n‘‘(vi) to support the collection, maintenance, \nand sharing of safety data on all public roads and related systems associated with the analyt-ical usage of that data. \n‘‘(2) M\nODEL INVENTORY OF ROADWAY ELE -\nMENTS .—The Secretary shall— \n‘‘(A) establish a subset of the model inventory \nof roadway elements that are useful for the in-ventory of roadway safety; and \n‘‘(B) ensure that States adopt and use the \nsubset to improve data collection. \n‘‘(g) S\nPECIAL RULES.— \n‘‘(1) H IGH-RISK RURAL ROAD SAFETY .—If the \nfatality rate on rural roads in a State increases over the most recent 2-year period for which data are available, that State shall be required to obligate in the next fiscal year for projects on high risk rural roads an amount equal to at least 200 percent of the amount of funds the State received for fiscal year 2009 for high risk rural roads under subsection (f) of this section, as in effect on the day before the date of enact-ment of the MAP–21. \n‘‘(2) O\nLDER DRIVERS .—If traffic fatalities and \nserious injuries per capita for drivers and pedes-trians over the age of 65 in a State increases during the most recent 2-year period for which data are available, that State shall be required to include, in the subsequent Strategic Highway Safety Plan of the State, strategies to address the increases in those rates, taking into account the recommendations included in the publica-tion of the Federal Highway Administration en-titled ‘Highway Design Handbook for Older Drivers and Pedestrians’ (FHWA–RD–01–103), and dated May 2001, or as subsequently revised and updated. \n‘‘(h) R\nEPORTS .— \n‘‘(1) I N GENERAL .—A State shall submit to the \nSecretary a report that— \n‘‘(A) describes progress being made to imple-\nment highway safety improvement projects under this section; \n‘‘(B) assesses the effectiveness of those im-\nprovements; and \n‘‘(C) describes the extent to which the im-\nprovements funded under this section have con-tributed to reducing— \n‘‘(i) the number and rate of fatalities on all \npublic roads with, to the maximum extent prac-ticable, a breakdown by functional classifica-tion and ownership in the State; \n‘‘(ii) the number and rate of serious injuries \non all public roads with, to the maximum extent practicable, a breakdown by functional classi-fication and ownership in the State; and \n‘‘(iii) the occurrences of fatalities and serious \ninjuries at railway-highway crossings. \n‘‘(2) C\nONTENTS ; SCHEDULE .—The Secretary \nshall establish the content and schedule for the submission of the report under paragraph (1). \n‘‘(3) T\nRANSPARENCY .—The Secretary shall \nmake strategic highway safety plans submitted under subsection (d) and reports submitted under this subsection available to the public through— \n‘‘(A) the website of the Department; and ‘‘(B) such other means as the Secretary deter-\nmines to be appropriate. \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00288 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4447 June 28, 2012 \n‘‘(4) D ISCOVERY AND ADMISSION INTO EVIDENCE \nOF CERTAIN REPORTS , SURVEYS , AND INFORMA -\nTION.—Notwithstanding any other provision of \nlaw, reports, surveys, schedules, lists, or data compiled or collected for any purpose relating to this section, shall not be subject to discovery or admitted into evidence in a Federal or State court proceeding or considered for other pur-poses in any action for damages arising from any occurrence at a location identified or ad-dressed in the reports, surveys, schedules, lists, or other data. \n‘‘(i) S\nTATE PERFORMANCE TARGETS .—If the \nSecretary determines that a State has not met or made significant progress toward meeting the performance targets of the State established under section 150(d) by the date that is 2 years after the date of the establishment of the per-formance targets, the State shall— \n‘‘(1) use obligation authority equal to the ap-\nportionment of the State for the prior year under section 104(b)(3) only for highway safety improvement projects under this section until the Secretary determines that the State has met or made significant progress toward meeting the performance targets of the State; and \n‘‘(2) submit annually to the Secretary, until \nthe Secretary determines that the State has met or made significant progress toward meeting the performance targets of the State, an implemen-tation plan that— \n‘‘(A) identifies roadway features that con-\nstitute a hazard to road users; \n‘‘(B) identifies highway safety improvement \nprojects on the basis of crash experience, crash potential, or other data-supported means; \n‘‘(C) describes how highway safety improve-\nment program funds will be allocated, including projects, activities, and strategies to be imple-mented; \n‘‘(D) describes how the proposed projects, ac-\ntivities, and strategies funded under the State highway safety improvement program will allow the State to make progress toward achieving the safety performance targets of the State; and \n‘‘(E) describes the actions the State will un-\ndertake to meet the performance targets of the State. \n‘‘(j) F\nEDERAL SHARE OF HIGHWAY SAFETY IM-\nPROVEMENT PROJECTS .—Except as provided in \nsections 120 and 130, the Federal share of the cost of a highway safety improvement project carried out with funds apportioned to a State under section 104(b)(3) shall be 90 percent.’’. \n(b) S\nTUDY OF HIGH-RISK RURAL ROADS BEST \nPRACTICES .— \n(1) S TUDY .— \n(A) I N GENERAL .—The Secretary shall conduct \na study of the best practices for implementing cost-effective roadway safety infrastructure im-provements on high-risk rural roads. \n(B) M\nETHODOLOGY .—In carrying out the \nstudy, the Secretary shall— \n(i) conduct a thorough literature review; (ii) survey current practices of State depart-\nments of transportation; and \n(iii) survey current practices of local units of \ngovernment, as appropriate. \n(C) C\nONSULTATION .—In carrying out the \nstudy, the Secretary shall consult with— \n(i) State departments of transportation; (ii) county engineers and public works profes-\nsionals; \n(iii) appropriate local officials; and (iv) appropriate private sector experts in the \nfield of roadway safety infrastructure. \n(2) R\nEPORT .— \n(A) I N GENERAL .—Not later than 1 year after \nthe date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Com-mittee on Transportation and Infrastructure of the House of Representatives a report on the re-sults of the study. \n(B) C\nONTENTS .—The report shall include— \n(i) a summary of cost-effective roadway safety \ninfrastructure improvements; \n(ii) a summary of the latest research on the fi-\nnancial savings and reduction in fatalities and serious bodily injury crashes from the implemen-\ntation of cost-effective roadway safety infra-structure improvements; and \n(iii) recommendations for State and local gov-\nernments on best practice methods to install cost-effective roadway safety infrastructure on high-risk rural roads. \n(3) M\nANUAL .— \n(A) D EVELOPMENT .—Based on the results of \nthe study under paragraph (2), the Secretary, in consultation with the individuals and entities described in paragraph (1)(C), shall develop a best practices manual to support Federal, State, and local efforts to reduce fatalities and serious bodily injury crashes on high-risk rural roads through the use of cost-effective roadway safety infrastructure improvements. \n(B) A\nVAILABILITY .—The manual shall be made \navailable to State and local governments not later than 180 days after the date of submission of the report under paragraph (2). \n(C) C\nONTENTS .—The manual shall include, at \na minimum, a list of cost-effective roadway safe-ty infrastructure improvements and best prac-tices on the installation of cost-effective road-way safety infrastructure improvements on high-risk rural roads. \n(D) U\nSE OF MANUAL .—Use of the manual shall \nbe voluntary and the manual shall not establish any binding standards or legal duties on State or local governments, or any other person. \nSEC. 1113. CONGESTION MITIGATION AND AIR \nQUALITY IMPROVEMENT PROGRAM. \n(a) E LIGIBLE PROJECTS .—Section 149(b) of title \n23, United States Code, is amended— \n(1) in the matter preceding paragraph (1)— (A) by striking ‘‘in subsection (c)’’ and insert-\ning ‘‘in subsection (d)’’; and \n(B) by striking ‘‘section 104(b)(2)’’ and insert-\ning ‘‘section 104(b)(4)’’; \n(2) in paragraph (5)— (A) by inserting ‘‘add turning lanes,’’ after \n‘‘improve intersections,’’; and \n(B) by striking ‘‘paragraph;’’ and inserting \n‘‘paragraph, including programs or projects to improve incident and emergency response or im-prove mobility, such as through real-time traf-fic, transit, and multimodal traveler informa-tion;’’; \n(3) in paragraph (6) by striking ‘‘or’’ at the \nend; \n(4) in paragraph (7)(A)(ii) by striking ‘‘pub-\nlished in the list under subsection (f)(2)’’ and inserting ‘‘verified technologies (as defined in section 791 of the Energy Policy Act of 2005 (42 U.S.C. 16131))’’; \n(5) by striking the matter following paragraph \n(7); \n(6) by redesignating paragraph (7) as para-\ngraph (8); and \n(7) by inserting after paragraph (6) the fol-\nlowing: \n‘‘(7) if the project or program shifts traffic de-\nmand to nonpeak hours or other transportation modes, increases vehicle occupancy rates, or otherwise reduces demand for roads through such means as telecommuting, ridesharing, carsharing, alternative work hours, and pricing; or’’. \n(b) S\nPECIAL RULES.—Section 149 of title 23, \nUnited States Code, is amended— \n(1) by redesignating subsections (c) through \n(h) as subsections (d) through (i) respectively; \n(2) by inserting after subsection (b) the fol-\nlowing: \n‘‘(c) S PECIAL RULES.— \n‘‘(1) P ROJECTS FOR PM –10 NONATTAINMENT \nAREAS .—A State may obligate funds apportioned \nto the State under section 104(b)(4) for a project or program for an area that is nonattainment for ozone or carbon monoxide, or both, and for PM–10 resulting from transportation activities, without regard to any limitation of the Depart-ment of Transportation relating to the type of ambient air quality standard such project or program addresses. \n‘‘(2) E\nLECTRIC VEHICLE AND NATURAL GAS VE -\nHICLE INFRASTRUCTURE .—A State may obligate funds apportioned under section 104(b)(4) for a \nproject or program to establish electric vehicle charging stations or natural gas vehicle refuel-ing stations for the use of battery powered or natural gas fueled trucks or other motor vehicles at any location in the State except that such stations may not be established or supported where commercial establishments serving motor vehicle users are prohibited by section 111 of title 23, United States Code. \n‘‘(3) HOV \nFACILITIES .—No funds may be pro-\nvided under this section for a project which will result in the construction of new capacity avail-able to single occupant vehicles unless the project consists of a high occupancy vehicle fa-cility available to single occupant vehicles only at other than peak travel times.’’; \n(3) by striking subsection (d) (as redesignated \nby paragraph (1)) and inserting the following: \n‘‘(d) S\nTATES FLEXIBILITY .— \n‘‘(1) S TATES WITHOUT A NONATTAINMENT \nAREA.—If a State does not have, and never has \nhad, a nonattainment area designated under the Clean Air Act (42 U.S.C. 7401 et seq.), the State may use funds apportioned to the State under section 104(b)(4) for any project in the State that— \n‘‘(A) would otherwise be eligible under sub-\nsection (b) as if the project were carried out in a nonattainment or maintenance area; or \n‘‘(B) is eligible under the surface transpor-\ntation program under section 133. \n‘‘(2) S\nTATES WITH A NONATTAINMENT AREA .— \n‘‘(A) I N GENERAL .—If a State has a nonattain-\nment area or maintenance area and received funds in fiscal year 2009 under section 104(b)(2)(D), as in effect on the day before the date of enactment of the MAP–21, above the amount of funds that the State would have re-ceived based on the nonattainment and mainte-nance area population of the State under sub-paragraphs (B) and (C) of section 104(b)(2), as in effect on the day before the date of enactment of the MAP–21, the State may use for any project that is eligible under the surface trans-portation program under section 133 an amount of funds apportioned to such State under sec-tion 104(b)(4) that is equal to the product ob-tained by multiplying— \n‘‘(i) the amount apportioned to such State \nunder section 104(b)(4) (excluding the amount of funds reserved under paragraph (l)); by \n‘‘(ii) the ratio calculated under subparagraph \n(B). \n‘‘(B) R\nATIO.—For purposes of this paragraph, \nthe ratio shall be calculated as the proportion that— \n‘‘(i) the amount for fiscal year 2009 such State \nwas permitted by section 149(c)(2), as in effect on the day before the date of enactment of the MAP–21, to obligate in any area of the State for projects eligible under section 133, as in effect on the day before the date of enactment of the MAP–21t; bears to \n‘‘(ii) the total apportionment to such State for \nfiscal year 2009 under section 104(b)(2), as in ef-fect on the day before the date of enactment of the MAP–21. \n‘‘(3) C\nHANGES IN DESIGNATION .—If a new non-\nattainment area is designated or a previously designated nonattainment area is redesignated as an attainment area in a State under the Clean Air Act (42 U.S.C. 7401 et seq.), the Sec-retary shall modify the amount such State is permitted to obligate in any area of the State for projects eligible under section 133.’’; \n(4) in subsection (f)(3) (as redesignated by \nparagraph (1)) by striking ‘‘104(b)(2)’’ and in-serting ‘‘104(b)(4)’’; \n(5) in subsection (g) (as redesignated by para-\ngraph (1)) by striking paragraph (3) and insert-ing the following: \n‘‘(3) P\nRIORITY CONSIDERATION .—States and \nmetropolitan planning organizations shall give priority in areas designated as nonattainment or maintenance for PM2.5 under the Clean Air Act (42 U.S.C. 7401 et seq.) in distributing funds re-ceived for congestion mitigation and air quality \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00289 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4448 June 28, 2012 \nprojects and programs from apportionments \nunder section 104(b)(4) to projects that are prov-en to reduce PM2.5, including diesel retrofits.’’; \n(6) by striking subsection (i) (as redesignated \nby paragraph (1)) and inserting the following: \n‘‘(i) E\nVALUATION AND ASSESSMENT OF \nPROJECTS .— \n‘‘(1) D ATABASE .— \n‘‘(A) I N GENERAL .—Using appropriate assess-\nments of projects funded under the congestion mitigation and air quality program and results from other research, the Secretary shall main-tain and disseminate a cumulative database de-scribing the impacts of the projects, including specific information about each project, such as the project name, location, sponsor, cost, and, to the extent already measured by the project sponsor, cost-effectiveness, based on reductions in congestion and emissions. \n‘‘(B) A\nVAILABILITY .—The database shall be \npublished or otherwise made readily available by the Secretary in electronically accessible for-mat and means, such as the Internet, for public review. \n‘‘(2) C\nOST EFFECTIVENESS .— \n‘‘(A) I N GENERAL .—The Secretary, in consulta-\ntion with the Administrator of the Environ-mental Protection Agency, shall evaluate projects on a periodic basis and develop a table or other similar medium that illustrates the cost- effectiveness of a range of project types eligible for funding under this section as to how the projects mitigate congestion and improve air quality. \n‘‘(B) C\nONTENTS .—The table described in sub-\nparagraph (A) shall show measures of cost-ef-fectiveness, such as dollars per ton of emissions reduced, and assess those measures over a vari-ety of timeframes to capture impacts on the planning timeframes outlined in section 134. \n‘‘(C) U\nSE OF TABLE .—States and metropolitan \nplanning organizations shall consider the infor-mation in the table when selecting projects or developing performance plans under subsection (l). \n‘‘(j) O\nPTIONAL PROGRAMMATIC ELIGIBILITY .— \n‘‘(1) I N GENERAL .—At the discretion of a met-\nropolitan planning organization, a technical as-sessment of a selected program of projects may be conducted through modeling or other means to demonstrate the emissions reduction projec-tion required under this section. \n‘‘(2) A\nPPLICABILITY .—If an assessment de-\nscribed in paragraph (1) successfully dem-onstrates an emissions reduction, all projects in-cluded in such assessment shall be eligible for obligation under this section without further demonstration of emissions reduction of indi-vidual projects included in such assessment. \n‘‘(k) P\nRIORITY FOR USE OF FUNDS IN PM2.5 \nAREAS.— \n‘‘(1) I N GENERAL .—For any State that has a \nnonattainment or maintenance area for fine particulate matter, an amount equal to 25 per-cent of the funds apportioned to each State under section 104(b)(4) for a nonattainment or maintenance area that are based all or in part on the weighted population of such area in fine particulate matter nonattainment shall be obli-gated to projects that reduce such fine particu-late matter emissions in such area, including diesel retrofits. \n‘‘(2) C\nONSTRUCTION EQUIPMENT AND VEHI -\nCLES.—In order to meet the requirements of \nparagraph (1), a State or metropolitan planning organization may elect to obligate funds to in-stall diesel emission control technology on nonroad diesel equipment or on-road diesel equipment that is operated on a highway con-struction project within a PM2.5 nonattainment or maintenance area. \n‘‘(l) P\nERFORMANCE PLAN.— \n‘‘(1) I N GENERAL .—Each metropolitan plan-\nning organization serving a transportation man-agement area (as defined in section 134) with a population over 1,000,000 people representing a nonattainment or maintenance area shall de-velop a performance plan that— ‘‘(A) includes an area baseline level for traffic \ncongestion and on-road mobile source emissions for which the area is in nonattainment or main-tenance; \n‘‘(B) describes progress made in achieving the \nperformance targets described in section 150(d); and \n‘‘(C) includes a description of projects identi-\nfied for funding under this section and how such projects will contribute to achieving emis-sion and traffic congestion reduction targets. \n‘‘(2) U\nPDATED PLANS .—Performance plans \nshall be updated biennially and include a sepa-rate report that assesses the progress of the pro-gram of projects under the previous plan in achieving the air quality and traffic congestion targets of the previous plan. \n‘‘(m) O\nPERATING ASSISTANCE .—A State may \nobligate funds apportioned under section 104(b)(2) in an area of such State that is other-wise eligible for obligations of such funds for op-erating costs under chapter 53 of title 49 or on a system that was previously eligible under this section.’’. \n(c) A\nIRQUALITY AND CONGESTION MITIGATION \nMEASURE OUTCOMES ASSESSMENT STUDY .— \n(1) I N GENERAL .—The Secretary, in consulta-\ntion with the Administrator of the Environ-mental Protection Agency, shall examine the outcomes of actions funded under the conges-tion mitigation and air quality improvement program since the date of enactment of the SAFETEA–LU (Public Law 109–59). \n(2) G\nOALS.—The goals of the program shall in-\nclude— \n(A) the assessment and documentation, \nthrough outcomes research conducted on a rep-resentative sample of cases, of— \n(i) the emission reductions achieved by feder-\nally supported surface transportation actions intended to reduce emissions or lessen traffic congestion; and \n(ii) the air quality and human health impacts \nof those actions, including potential unrecog-nized or indirect consequences, attributable to those actions; \n(B) an expanded base of empirical evidence on \nthe air quality and human health impacts of ac-tions described in paragraph (1); and \n(C) an increase in knowledge of— (i) the factors determining the air quality and \nhuman health changes associated with trans-portation emission reduction actions; and \n(ii) other information to more accurately un-\nderstand the validity of current estimation and modeling routines and ways to improve those routines. \n(3) A\nDMINISTRATIVE ELEMENTS .—To carry out \nthis subsection, the Secretary shall— \n(A) make a grant for the coordination, selec-\ntion, management, and reporting of component studies to an independent scientific research or-ganization with the necessary experience in suc-cessfully conducting accountability and other studies on mobile source air pollutants and asso-ciated health effects; \n(B) ensure that case studies are identified and \nconducted by teams selected through a competi-tive solicitation overseen by an independent committee of unbiased experts; and \n(C) ensure that all findings and reports are \npeer-reviewed and published in a form that pre-sents the findings together with reviewer com-ments. \n(4) R\nEPORT .—The Secretary shall submit to \nthe Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives— \n(A) not later than 1 year after the date of en-\nactment of the MAP–21, and for the following year, a report providing an initial scoping and plan, and status updates, respectively, for the program under this subsection; and \n(B) not later than 2 years after the date of en-\nactment of the MAP–21, a final report that de-scribes the findings of, and recommendations re-sulting from, the program under this subsection. (5) F\nUNDING .—Of the amounts made available \nto carry out section 104(a) for fiscal year 2013, the Secretary shall make available to carry out this subsection not more than $1,000,000. \nSEC. 1114. TERRITORIAL AND PUERTO RICO \nHIGHWAY PROGRAM. \n(a) I NGENERAL .—Section 165 of title 23, \nUnited States Code, is amended to read as fol-lows: \n‘‘§ 165. Territorial and Puerto Rico highway \nprogram \n‘‘(a) D\nIVISION OF FUNDS.—Of funds made \navailable in a fiscal year for the territorial and Puerto Rico highway program— \n‘‘(1) $150,000,000 shall be for the Puerto Rico \nhighway program under subsection (b); and \n‘‘(2) $40,000,000 shall be for the territorial \nhighway program under subsection (c). \n‘‘(b) P\nUERTO RICOHIGHWAY PROGRAM .— \n‘‘(1) I N GENERAL .—The Secretary shall allo-\ncate funds made available to carry out this sub-section to the Commonwealth of Puerto Rico to carry out a highway program in the Common-wealth. \n‘‘(2) T\nREATMENT OF FUNDS .—Amounts made \navailable to carry out this subsection for a fiscal year shall be administered as follows: \n‘‘(A) A\nPPORTIONMENT .— \n‘‘(i) I N GENERAL .—For the purpose of imposing \nany penalty under this title or title 49, the amounts shall be treated as being apportioned to Puerto Rico under sections 104(b) and 144 (as in effect for fiscal year 1997) for each program funded under those sections in an amount deter-mined by multiplying— \n‘‘(I) the aggregate of the amounts for the fis-\ncal year; by \n‘‘(II) the proportion that— ‘‘(aa) the amount of funds apportioned to \nPuerto Rico for each such program for fiscal year 1997; bears to \n‘‘(bb) the total amount of funds apportioned \nto Puerto Rico for all such programs for fiscal year 1997. \n‘‘(ii) E\nXCEPTION .—Funds identified under \nclause (i) as having been apportioned for the national highway system, the surface transpor-tation program, and the Interstate maintenance program shall be deemed to have been appor-tioned 50 percent for the national highway per-formance program and 50 percent for the surface transportation program for purposes of imposing such penalties. \n‘‘(B) P\nENALTY .—The amounts treated as being \napportioned to Puerto Rico under each section referred to in subparagraph (A) shall be deemed to be required to be apportioned to Puerto Rico under that section for purposes of the imposition of any penalty under this title or title 49. \n‘‘(C) E\nLIGIBLE USES OF FUNDS .—Of amounts \nallocated to Puerto Rico for the Puerto Rico Highway Program for a fiscal year— \n‘‘(i) at least 50 percent shall be available only \nfor purposes eligible under section 119; \n‘‘(ii) at least 25 percent shall be available only \nfor purposes eligible under section 148; and \n‘‘(iii) any remaining funds may be obligated \nfor activities eligible under chapter 1. \n‘‘(3) E\nFFECT ON APPORTIONMENTS .—Except as \notherwise specifically provided, Puerto Rico shall not be eligible to receive funds apportioned to States under this title. \n‘‘(c) T\nERRITORIAL HIGHWAY PROGRAM .— \n‘‘(1) T ERRITORY DEFINED .—In this subsection, \nthe term ‘territory’ means any of the following territories of the United States: \n‘‘(A) American Samoa. ‘‘(B) The Commonwealth of the Northern \nMariana Islands. \n‘‘(C) Guam. ‘‘(D) The United States Virgin Islands. ‘‘(2) P\nROGRAM .— \n‘‘(A) I N GENERAL .—Recognizing the mutual \nbenefits that will accrue to the territories and the United States from the improvement of high-ways in the territories, the Secretary may carry out a program to assist each government of a \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00290 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4449 June 28, 2012 \nterritory in the construction and improvement of \na system of arterial and collector highways, and necessary inter-island connectors, that is— \n‘‘(i) designated by the Governor or chief exec-\nutive officer of each territory; and \n‘‘(ii) approved by the Secretary. ‘‘(B) F\nEDERAL SHARE .—The Federal share of \nFederal financial assistance provided to terri-tories under this subsection shall be in accord-ance with section 120(g). \n‘‘(3) T\nECHNICAL ASSISTANCE .— \n‘‘(A) I N GENERAL .—To continue a long-range \nhighway development program, the Secretary may provide technical assistance to the govern-ments of the territories to enable the territories, on a continuing basis— \n‘‘(i) to engage in highway planning; \n‘‘(ii) to conduct environmental evaluations; ‘‘(iii) to administer right-of-way acquisition \nand relocation assistance programs; and \n‘‘(iv) to design, construct, operate, and main-\ntain a system of arterial and collector highways, including necessary inter-island connectors. \n‘‘(B) F\nORM AND TERMS OF ASSISTANCE .—Tech-\nnical assistance provided under subparagraph (A), and the terms for the sharing of informa-tion among territories receiving the technical as-sistance, shall be included in the agreement re-quired by paragraph (5). \n‘‘(4) N\nONAPPLICABILITY OF CERTAIN PROVI -\nSIONS .— \n‘‘(A) I N GENERAL .—Except to the extent that \nprovisions of this chapter are determined by the Secretary to be inconsistent with the needs of the territories and the intent of this subsection, this chapter (other than provisions of this chap-ter relating to the apportionment and allocation of funds) shall apply to funds made available under this subsection. \n‘‘(B) A\nPPLICABLE PROVISIONS .—The agreement \nrequired by paragraph (5) for each territory shall identify the sections of this chapter that are applicable to that territory and the extent of the applicability of those sections. \n‘‘(5) A\nGREEMENT .— \n‘‘(A) I N GENERAL .—Except as provided in sub-\nparagraph (D), none of the funds made avail-able under this subsection shall be available for obligation or expenditure with respect to any territory until the chief executive officer of the territory has entered into an agreement (includ-ing an agreement entered into under section 215 as in effect on the day before the enactment of this section) with the Secretary providing that the government of the territory shall— \n‘‘(i) implement the program in accordance \nwith applicable provisions of this chapter and paragraph (4); \n‘‘(ii) design and construct a system of arterial \nand collector highways, including necessary inter-island connectors, in accordance with standards that are— \n‘‘(I) appropriate for each territory; and ‘‘(II) approved by the Secretary; ‘‘(iii) provide for the maintenance of facilities \nconstructed or operated under this subsection in a condition to adequately serve the needs of present and future traffic; and \n‘‘(iv) implement standards for traffic oper-\nations and uniform traffic control devices that are approved by the Secretary. \n‘‘(B) T\nECHNICAL ASSISTANCE .—The agreement \nrequired by subparagraph (A) shall— \n‘‘(i) specify the kind of technical assistance to \nbe provided under the program; \n‘‘(ii) include appropriate provisions regarding \ninformation sharing among the territories; and \n‘‘(iii) delineate the oversight role and respon-\nsibilities of the territories and the Secretary. \n‘‘(C) R EVIEW AND REVISION OF AGREEMENT .— \nThe agreement entered into under subparagraph (A) shall be reevaluated and, as necessary, re-vised, at least every 2 years. \n‘‘(D) E\nXISTING AGREEMENTS .—With respect to \nan agreement under this subsection or an agree-ment entered into under section 215 of this title as in effect on the day before the date of enact-ment of this subsection— ‘‘(i) the agreement shall continue in force \nuntil replaced by an agreement entered into in accordance with subparagraph (A); and \n‘‘(ii) amounts made available under this sub-\nsection under the existing agreement shall be available for obligation or expenditure so long as the agreement, or the existing agreement en-tered into under subparagraph (A), is in effect. \n‘‘(6) E\nLIGIBLE USES OF FUNDS .— \n‘‘(A) I N GENERAL .—Funds made available \nunder this subsection may be used only for the following projects and activities carried out in a territory: \n‘‘(i) Eligible surface transportation program \nprojects described in section 133(b). \n‘‘(ii) Cost-effective, preventive maintenance \nconsistent with section 116(e). \n‘‘(iii) Ferry boats, terminal facilities, and ap-\nproaches, in accordance with subsections (b) and (c) of section 129. \n‘‘(iv) Engineering and economic surveys and \ninvestigations for the planning, and the financ-ing, of future highway programs. \n‘‘(v) Studies of the economy, safety, and con-\nvenience of highway use. \n‘‘(vi) The regulation and equitable taxation of \nhighway use. \n‘‘(vii) Such research and development as are \nnecessary in connection with the planning, de-sign, and maintenance of the highway system. \n‘‘(B) P\nROHIBITION ON USE OF FUNDS FOR ROU -\nTINE MAINTENANCE .—None of the funds made \navailable under this subsection shall be obli-gated or expended for routine maintenance. \n‘‘(7) L\nOCATION OF PROJECTS .—Territorial high-\nway program projects (other than those de-scribed in paragraphs (2), (4), (7), (8), (14), and (19) of section 133(b)) may not be undertaken on roads functionally classified as local.’’. \n(b) C\nONFORMING AMENDMENTS .— \n(1) T ECHNICAL AND CONFORMING AMEND -\nMENT .—The analysis for chapter 1 of title 23, \nUnited States Code, is amended by striking the item relating to section 165 and inserting the fol-lowing: \n‘‘165. Territorial and Puerto Rico highway pro-\ngram.’’. \n(2) T\nERRITORIAL HIGHWAY PROGRAM .— \n(A) R EPEAL .—Section 215 of title 23, United \nStates Code, is repealed. \n(B) T ECHNICAL AND CONFORMING AMEND -\nMENT .—The analysis for chapter 2 of title 23, \nUnited States Code, is amended by striking the item relating to section 215. \n(C) D\nUNCAN HUNTER NATIONAL DEFENSE AU -\nTHORIZATION ACT FOR FISCAL YEAR 2009 .—Section \n3512(e) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (48 U.S.C. 1421r(e)) is amended by striking ‘‘section 215’’ and inserting ‘‘section 165’’. \nSEC. 1115. NATIONAL FREIGHT POLICY. \n(a) I NGENERAL .—Chapter 1 of title 23, United \nStates Code, is amended by adding at the end the following: \n‘‘§ 167. National freight policy \n‘‘(a) I\nNGENERAL .—It is the policy of the \nUnited States to improve the condition and per-formance of the national freight network to en-sure that the national freight network provides the foundation for the United States to compete in the global economy and achieve each goal de-scribed in subsection (b). \n‘‘(b) G\nOALS.—The goals of the national freight \npolicy are— \n‘‘(1) to invest in infrastructure improvements \nand to implement operational improvements that— \n‘‘(A) strengthen the contribution of the na-\ntional freight network to the economic competi-tiveness of the United States; \n‘‘(B) reduce congestion; and ‘‘(C) increase productivity, particularly for \ndomestic industries and businesses that create high-value jobs; \n‘‘(2) to improve the safety, security, and resil-\nience of freight transportation; \n‘‘(3) to improve the state of good repair of the \nnational freight network; ‘‘(4) to use advanced technology to improve \nthe safety and efficiency of the national freight network; \n‘‘(5) to incorporate concepts of performance, \ninnovation, competition, and accountability into the operation and maintenance of the national freight network; and \n‘‘(6) to improve the economic efficiency of the \nnational freight network. \n‘‘(7) to reduce the environmental impacts of \nfreight movement on the national freight net-work; \n‘‘(c) E\nSTABLISHMENT OF A NATIONAL FREIGHT \nNETWORK .— \n‘‘(1) I N GENERAL .—The Secretary shall estab-\nlish a national freight network in accordance with this section to assist States in strategically directing resources toward improved system per-formance for efficient movement of freight on highways, including national highway system, freight intermodal connectors and aerotropolis transportation systems. \n‘‘(2) N\nETWORK COMPONENTS .—The national \nfreight network shall consist of— \n‘‘(A) the primary freight network, as des-\nignated by the Secretary under subsection (d) (referred to in this section as the ‘primary freight network’) as most critical to the move-ment of freight; \n‘‘(B) the portions of the Interstate System not \ndesignated as part of the primary freight net-work; and \n‘‘(C) critical rural freight corridors established \nunder subsection (e). \n‘‘(d) D\nESIGNATION OF PRIMARY FREIGHT NET-\nWORK .— \n‘‘(1) I NITIAL DESIGNATION OF PRIMARY FREIGHT \nNETWORK .— \n‘‘(A) D ESIGNATION .—Not later than 1 year \nafter the date of enactment of this section, the Secretary shall designate a primary freight net-work— \n‘‘(i) based on an inventory of national freight \nvolume conducted by the Administrator of the Federal Highway Administration, in consulta-tion with stakeholders, including system users, transport providers, and States; and \n‘‘(ii) that shall be comprised of not more than \n27,000 centerline miles of existing roadways that are most critical to the movement of freight. \n‘‘(B) F\nACTORS FOR DESIGNATION .—In desig-\nnating the primary freight network, the Sec-retary shall consider— \n‘‘(i) the origins and destinations of freight \nmovement in the United States; \n‘‘(ii) the total freight tonnage and value of \nfreight moved by highways; \n‘‘(iii) the percentage of annual average daily \ntruck traffic in the annual average daily traffic on principal arterials; \n‘‘(iv) the annual average daily truck traffic \non principal arterials; \n‘‘(v) land and maritime ports of entry; ‘‘(vi) access to energy exploration, develop-\nment, installation, or production areas; \n‘‘(vii) population centers; and ‘‘(viii) network connectivity. ‘‘(2) A\nDDITIONAL MILES ON PRIMARY FREIGHT \nNETWORK .—In addition to the miles initially des-\nignated under paragraph (1), the Secretary may increase the number of miles designated as part of the primary freight network by not more than 3,000 additional centerline miles of roadways (which may include existing or planned roads) critical to future efficient movement of goods on the primary freight network. \n‘‘(3) R\nEDESIGNATION OF PRIMARY FREIGHT NET -\nWORK .—Effective beginning 10 years after the \ndesignation of the primary freight network and every 10 years thereafter, using the designation factors described in paragraph (1), the Secretary shall redesignate the primary freight network (including additional mileage described in para-graph (2)). \n‘‘(e) C\nRITICAL RURAL FREIGHT CORRIDORS .—A \nState may designate a road within the borders of the State as a critical rural freight corridor if the road— \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00291 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4450 June 28, 2012 \n‘‘(1) is a rural principal arterial roadway and \nhas a minimum of 25 percent of the annual aver-age daily traffic of the road measured in pas-senger vehicle equivalent units from trucks (FHWA vehicle class 8 to 13); \n‘‘(2) provides access to energy exploration, de-\nvelopment, installation, or production areas; \n‘‘(3) connects the primary freight network, a \nroadway described in paragraph (1) or (2), or Interstate System to facilities that handle more than— \n‘‘(A) 50,000 20-foot equivalent units per year; \nor \n‘‘(B) 500,000 tons per year of bulk commod-\nities. \n‘‘(f) N\nATIONAL FREIGHT STRATEGIC PLAN.— \n‘‘(1) I NITIAL DEVELOPMENT OF NATIONAL \nFREIGHT STRATEGIC PLAN .—Not later than 3 \nyears after the date of enactment of this section, the Secretary shall, in consultation with State departments of transportation and other appro-priate public and private transportation stake-holders, develop and post on the Department of Transportation public website a national freight strategic plan that shall include— \n‘‘(A) an assessment of the condition and per-\nformance of the national freight network; \n‘‘(B) an identification of highway bottlenecks \non the national freight network that create sig-nificant freight congestion problems, based on a quantitative methodology developed by the Sec-retary, which shall, at a minimum, include— \n‘‘(i) information from the Freight Analysis \nNetwork of the Federal Highway Administra-tion; and \n‘‘(ii) to the maximum extent practicable, an \nestimate of the cost of addressing each bottle-neck and any operational improvements that could be implemented; \n‘‘(C) forecasts of freight volumes for the 20- \nyear period beginning in the year during which the plan is issued; \n‘‘(D) an identification of major trade gate-\nways and national freight corridors that con-nect major population centers, trade gateways, and other major freight generators for current and forecasted traffic and freight volumes, the identification of which shall be revised, as ap-propriate, in subsequent plans; \n‘‘(E) an assessment of statutory, regulatory, \ntechnological, institutional, financial, and other barriers to improved freight transportation per-formance (including opportunities for over-coming the barriers); \n‘‘(F) an identification of routes providing ac-\ncess to energy exploration, development, instal-lation, or production areas; \n‘‘(G) best practices for improving the perform-\nance of the national freight network; \n‘‘(H) best practices to mitigate the impacts of \nfreight movement on communities; \n‘‘(I) a process for addressing multistate \nprojects and encouraging jurisdictions to col-laborate; and \n‘‘(J) strategies to improve freight intermodal \nconnectivity. \n‘‘(2) U\nPDATES TO NATIONAL FREIGHT STRATEGIC \nPLAN.—Not later than 5 years after the date of \ncompletion of the first national freight strategic plan under paragraph (1), and every 5 years thereafter, the Secretary shall update and repost on the Department of Transportation public website a revised national freight stra-tegic plan. \n‘‘(g) F\nREIGHT TRANSPORTATION CONDITIONS \nANDPERFORMANCE REPORTS .—Not later than 2 \nyears after the date of enactment of this section, and biennially thereafter, the Secretary shall prepare a report that contains a description of the conditions and performance of the national freight network in the United States. \n‘‘(h) T\nRANSPORTATION INVESTMENT DATA AND \nPLANNING TOOLS.— \n‘‘(1) I N GENERAL .—Not later than 1 year after \nthe date of enactment of this section, the Sec-retary shall— \n‘‘(A) begin development of new tools and im-\nprovement of existing tools or improve existing tools to support an outcome-oriented, perform-\nance-based approach to evaluate proposed freight-related and other transportation projects, including— \n‘‘(i) methodologies for systematic analysis of \nbenefits and costs; \n‘‘(ii) tools for ensuring that the evaluation of \nfreight-related and other transportation projects could consider safety, economic competitiveness, environmental sustainability, and system condi-tion in the project selection process; and \n‘‘(iii) other elements to assist in effective \ntransportation planning; \n‘‘(B) identify transportation-related model \ndata elements to support a broad range of eval-uation methods and techniques to assist in mak-ing transportation investment decisions; and \n‘‘(C) at a minimum, in consultation with other \nrelevant Federal agencies, consider any im-provements to existing freight flow data collec-tion efforts that could reduce identified freight data gaps and deficiencies and help improve forecasts of freight transportation demand. \n‘‘(2) C\nONSULTATION .—The Secretary shall con-\nsult with Federal, State, and other stakeholders to develop, improve, and implement the tools and collect the data in paragraph (1). \n‘‘(i) D\nEFINITION OF AEROTROPOLIS TRANSPOR -\nTATION SYSTEM .—In this section, the term \n‘aerotropolis transportation system’ means a planned and coordinated multimodal freight and passenger transportation network that, as determined by the Secretary, provides efficient, cost-effective, sustainable, and intermodal connectivity to a defined region of economic sig-nificance centered around a major airport.’’. \n(b) C\nONFORMING AMENDMENT .—The analysis \nfor chapter 1 of title 23, United States Code, is amended by adding at the end the following: \n‘‘167. National freight program.’’. \nSEC. 1116. PRIORITIZATION OF PROJECTS TO IM-\nPROVE FREIGHT MOVEMENT. \n(a) I NGENERAL .—Notwithstanding section 120 \nof title 23, United States Code, the Secretary may increase the Federal share payable for any project to 95 percent for projects on the Inter-state System and 90 percent for any other project if the Secretary certifies that the project meets the requirements of this section. \n(b) I\nNCREASED FUNDING .—To be eligible for the \nincreased Federal funding share under this sec-tion, a project shall— \n(1) demonstrate the improvement made by the \nproject to the efficient movement of freight, in-cluding making progress towards meeting per-formance targets for freight movement estab-lished under section 150(d) of title 23, United States Code; and \n(2) be identified in a State freight plan devel-\noped pursuant to section 1118. \n(c) E\nLIGIBLE PROJECTS .—Eligible projects to \nimprove the movement of freight under this sec-tion may include, but are not limited to— \n(1) construction, reconstruction, rehabilita-\ntion, and operational improvements directly re-lating to improving freight movement; \n(2) intelligent transportation systems and \nother technology to improve the flow of freight; \n(3) efforts to reduce the environmental impacts \nof freight movement on the primary freight net-work; \n(4) railway-highway grade separation; (5) geometric improvements to interchanges \nand ramps. \n(6) truck-only lanes; (7) climbing and runaway truck lanes; (8) truck parking facilities eligible for funding \nunder section 1401; \n(9) real-time traffic, truck parking, roadway \ncondition, and multimodal transportation infor-mation systems; \n(10) improvements to freight intermodal con-\nnectors; and \n(11) improvements to truck bottlenecks. \nSEC. 1117. STATE FREIGHT ADVISORY COMMIT-\nTEES. \n(a) I NGENERAL .—The Secretary shall encour-\nage each State to establish a freight advisory committee consisting of a representative cross- \nsection of public and private sector freight stakeholders, including representatives of ports, shippers, carriers, freight-related associations, the freight industry workforce, the transpor-tation department of the State, and local gov-ernments. \n(b) R\nOLE OF COMMITTEE .—A freight advisory \ncommittee of a State described in subsection (a) shall— \n(1) advise the State on freight-related prior-\nities, issues, projects, and funding needs; \n(2) serve as a forum for discussion for State \ntransportation decisions affecting freight mobil-ity; \n(3) communicate and coordinate regional pri-\norities with other organizations; \n(4) promote the sharing of information be-\ntween the private and public sectors on freight issues; and \n(5) participate in the development of the \nfreight plan of the State described in section 1118. \nSEC. 1118. STATE FREIGHT PLANS. \n(a) I NGENERAL .—The Secretary shall encour-\nage each State to develop a freight plan that provides a comprehensive plan for the immediate and long-range planning activities and invest-ments of the State with respect to freight. \n(b) P\nLANCONTENTS .—A freight plan described \nin subsection (a) shall include, at a minimum— \n(1) an identification of significant freight sys-\ntem trends, needs, and issues with respect to the State; \n(2) a description of the freight policies, strate-\ngies, and performance measures that will guide the freight-related transportation investment de-cisions of the State; \n(3) a description of how the plan will improve \nthe ability of the State to meet the national freight goals established under section 167 of title 23, United States Code; \n(4) evidence of consideration of innovative \ntechnologies and operational strategies, includ-ing intelligent transportation systems, that im-prove the safety and efficiency of freight move-ment; \n(5) in the case of routes on which travel by \nheavy vehicles (including mining, agricultural, energy cargo or equipment, and timber vehicles) is projected to substantially deteriorate the con-dition of roadways, a description of improve-ments that may be required to reduce or impede the deterioration; and \n(6) an inventory of facilities with freight mo-\nbility issues, such as truck bottlenecks, within the State, and a description of the strategies the State is employing to address those freight mo-bility issues. \n(c) R\nELATIONSHIP TO LONG-RANGE PLAN.—A \nfreight plan described in subsection (a) may be developed separate from or incorporated into the statewide strategic long-range transportation plan required by section 135 of title 23, United States Code. \nSEC. 1119. FEDERAL LANDS AND TRIBAL TRANS-\nPORTATION PROGRAMS. \n(a) I NGENERAL .—Chapter 2 of title 23, United \nStates Code, is amended by striking sections 201 through 204 and inserting the following: \n‘‘§ 201. Federal lands and tribal transpor-\ntation programs \n‘‘(a) P\nURPOSE .—Recognizing the need for all \npublic Federal and tribal transportation facili-ties to be treated under uniform policies similar to the policies that apply to Federal-aid high-ways and other public transportation facilities, the Secretary of Transportation, in collabora-tion with the Secretaries of the appropriate Fed-eral land management agencies, shall coordi-nate a uniform policy for all public Federal and tribal transportation facilities that shall apply to Federal lands transportation facilities, tribal transportation facilities, and Federal lands ac-cess transportation facilities. \n‘‘(b) A\nVAILABILITY OF FUNDS.— \n‘‘(1) A VAILABILITY .—Funds authorized for the \ntribal transportation program, the Federal lands \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00292 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4451 June 28, 2012 \ntransportation program, and the Federal lands \naccess program shall be available for contract upon apportionment, or on October 1 of the fis-cal year for which the funds were authorized if no apportionment is required. \n‘‘(2) A\nMOUNT REMAINING .—Any amount re-\nmaining unexpended for a period of 3 years after the close of the fiscal year for which the funds were authorized shall lapse. \n‘‘(3) O\nBLIGATIONS .—The Secretary of the de-\npartment responsible for the administration of funds under this subsection may incur obliga-tions, approve projects, and enter into contracts under such authorizations, which shall be con-sidered to be contractual obligations of the United States for the payment of the cost there-of, the funds of which shall be considered to have been expended when obligated. \n‘‘(4) E\nXPENDITURE .— \n‘‘(A) I N GENERAL .—Any funds authorized for \nany fiscal year after the date of enactment of this section under the Federal lands transpor-tation program, the Federal lands access pro-gram, and the tribal transportation program shall be considered to have been expended if a sum equal to the total of the sums authorized for the fiscal year and previous fiscal years have been obligated. \n‘‘(B) C\nREDITED FUNDS .—Any funds described \nin subparagraph (A) that are released by pay-ment of final voucher or modification of project authorizations shall be— \n‘‘(i) credited to the balance of unobligated au-\nthorizations; and \n‘‘(ii) immediately available for expenditure. ‘‘(5) A\nPPLICABILITY .—This section shall not \napply to funds authorized before the date of en-actment of this paragraph. \n‘‘(6) C\nONTRACTUAL OBLIGATION .— \n‘‘(A) I N GENERAL .—Notwithstanding any other \nprovision of law (including regulations), the au-thorization by the Secretary, or the Secretary of the appropriate Federal land management agen-cy if the agency is the contracting office, of en-gineering and related work for the development, design, and acquisition associated with a con-struction project, whether performed by contract or agreement authorized by law, or the approval by the Secretary of plans, specifications, and es-timates for construction of a project, shall be considered to constitute a contractual obligation of the Federal Government to pay the total eligi-ble cost of— \n‘‘(i) any project funded under this title; and ‘‘(ii) any project funded pursuant to agree-\nments authorized by this title or any other title. \n‘‘(B) E\nFFECT .—Nothing in this paragraph— \n‘‘(i) affects the application of the Federal \nshare associated with the project being under-taken under this section; or \n‘‘(ii) modifies the point of obligation associ-\nated with Federal salaries and expenses. \n‘‘(7) F\nEDERAL SHARE .— \n‘‘(A) T RIBAL AND FEDERAL LANDS TRANSPOR -\nTATION PROGRAM .—The Federal share of the \ncost of a project carried out under the Federal lands transportation program or the tribal transportation program shall be 100 percent. \n‘‘(B) F\nEDERAL LANDS ACCESS PROGRAM .—The \nFederal share of the cost of a project carried out under the Federal lands access program shall be determined in accordance with section 120. \n‘‘(c) T\nRANSPORTATION PLANNING .— \n‘‘(1) T RANSPORTATION PLANNING PROCE -\nDURES .—In consultation with the Secretary of \neach appropriate Federal land management agency, the Secretary shall implement transpor-tation planning procedures for Federal lands and tribal transportation facilities that are con-sistent with the planning processes required under sections 134 and 135. \n‘‘(2) A\nPPROVAL OF TRANSPORTATION IMPROVE -\nMENT PROGRAM .—The transportation improve-\nment program developed as a part of the trans-portation planning process under this section shall be approved by the Secretary. \n‘‘(3) I\nNCLUSION IN OTHER PLANS .—Each region-\nally significant tribal transportation program, Federal lands transportation program, and Fed-\neral lands access program project shall be— \n‘‘(A) developed in cooperation with State and \nmetropolitan planning organizations; and \n‘‘(B) included in appropriate tribal transpor-\ntation program plans, Federal lands transpor-tation program plans, Federal lands access pro-gram plans, State and metropolitan plans, and transportation improvement programs. \n‘‘(4) I\nNCLUSION IN STATE PROGRAMS .—The ap-\nproved tribal transportation program, Federal lands transportation program, and Federal lands access program transportation improve-ment programs shall be included in appropriate State and metropolitan planning organization plans and programs without further action on the transportation improvement program. \n‘‘(5) A\nSSET MANAGEMENT .—The Secretary and \nthe Secretary of each appropriate Federal land management agency shall, to the extent appro-priate, implement safety, bridge, pavement, and congestion management systems for facilities funded under the tribal transportation program and the Federal lands transportation program in support of asset management. \n‘‘(6) D\nATA COLLECTION .— \n‘‘(A) D ATA COLLECTION .—The Secretaries of \nthe appropriate Federal land management agen-cies shall collect and report data necessary to implement the Federal lands transportation pro-gram, the Federal lands access program, and the tribal transportation program in accordance with the Indian Self-Determination and Edu-cation Assistance Act (25 U.S.C. 450 et seq.), in-cluding— \n‘‘(i) inventory and condition information on \nFederal lands transportation facilities and tribal transportation facilities; and \n‘‘(ii) bridge inspection and inventory informa-\ntion on any Federal bridge open to the public. \n‘‘(B) S\nTANDARDS .—The Secretary, in coordina-\ntion with the Secretaries of the appropriate Fed-eral land management agencies, shall define the collection and reporting data standards. \n‘‘(7) A\nDMINISTRATIVE EXPENSES .—To imple-\nment the activities described in this subsection, including direct support of transportation plan-ning activities among Federal land management agencies, the Secretary may use not more than 5 percent for each fiscal year of the funds au-thorized for programs under sections 203 and 204. \n‘‘(d) R\nEIMBURSABLE AGREEMENTS .—In car-\nrying out work under reimbursable agreements with any State, local, or tribal government under this title, the Secretary— \n‘‘(1) may, without regard to any other provi-\nsion of law (including regulations), record obli-gations against accounts receivable from the en-tity; and \n‘‘(2) shall credit amounts received from the en-\ntity to the appropriate account, which shall occur not later than 90 days after the date of the original request by the Secretary for pay-ment. \n‘‘(e) T\nRANSFERS .— \n‘‘(1) I N GENERAL .—To enable the efficient use \nof funds made available for the Federal lands transportation program and the Federal lands access program, the funds may be transferred by the Secretary within and between each program with the concurrence of, as appropriate— \n‘‘(A) the Secretary; ‘‘(B) the affected Secretaries of the respective \nFederal land management agencies; \n‘‘(C) State departments of transportation; and ‘‘(D) local government agencies. ‘‘(2) C\nREDIT .—The funds described in para-\ngraph (1) shall be credited back to the loaning entity with funds that are currently available for obligation at the time of the credit. \n‘‘§ 202. Tribal transportation program \n‘‘(a) U\nSE OF FUNDS.— \n‘‘(1) I N GENERAL .—Funds made available \nunder the tribal transportation program shall be used by the Secretary of Transportation and the Secretary of the Interior to pay the costs of— ‘‘(A)(i) transportation planning, research, \nmaintenance, engineering, rehabilitation, res-toration, construction, and reconstruction of tribal transportation facilities; \n‘‘(ii) adjacent vehicular parking areas; ‘‘(iii) interpretive signage; ‘‘(iv) acquisition of necessary scenic easements \nand scenic or historic sites; \n‘‘(v) provisions for pedestrians and bicycles; ‘‘(vi) environmental mitigation in or adjacent \nto tribal land— \n‘‘(I) to improve public safety and reduce vehi-\ncle-caused wildlife mortality while maintaining habitat connectivity; and \n‘‘(II) to mitigate the damage to wildlife, \naquatic organism passage, habitat, and eco-system connectivity, including the costs of con-structing, maintaining, replacing, or removing culverts and bridges, as appropriate; \n‘‘(vii) construction and reconstruction of \nroadside rest areas, including sanitary and water facilities; and \n‘‘(viii) other appropriate public road facilities \nas determined by the Secretary; \n‘‘(B) operation and maintenance of transit \nprograms and facilities that are located on, or provide access to, tribal land, or are adminis-tered by a tribal government; and \n‘‘(C) any transportation project eligible for as-\nsistance under this title that is located within, or that provides access to, tribal land, or is asso-ciated with a tribal government. \n‘‘(2) C\nONTRACT .—In connection with an activ-\nity described in paragraph (1), the Secretary and the Secretary of the Interior may enter into a contract or other appropriate agreement with respect to the activity with— \n‘‘(A) a State (including a political subdivision \nof a State); or \n‘‘(B) an Indian tribe. ‘‘(3) I\nNDIAN LABOR .—Indian labor may be em-\nployed, in accordance with such rules and regu-lations as may be promulgated by the Secretary of the Interior, to carry out any construction or other activity described in paragraph (1). \n‘‘(4) F\nEDERAL EMPLOYMENT .—No maximum \nlimitation on Federal employment shall be appli-cable to the construction or improvement of trib-al transportation facilities. \n‘‘(5) F\nUNDS FOR CONSTRUCTION AND IMPROVE -\nMENT .—All funds made available for the con-\nstruction and improvement of tribal transpor-tation facilities shall be administered in con-formity with regulations and agreements jointly approved by the Secretary and the Secretary of the Interior. \n‘‘(6) A\nDMINISTRATIVE EXPENSES .—Of the funds \nauthorized to be appropriated for the tribal transportation program, not more than 6 percent may be used by the Secretary or the Secretary of the Interior for program management and over-sight and project-related administrative ex-penses. \n‘‘(7) T\nRIBAL TECHNICAL ASSISTANCE CENTERS .— \nThe Secretary of the Interior may reserve amounts from administrative funds of the Bu-reau of Indian Affairs that are associated with the tribal transportation program to fund tribal technical assistance centers under section 504(b). \n‘‘(8) M\nAINTENANCE .— \n‘‘(A) U SE OF FUNDS .—Notwithstanding any \nother provision of this title, of the amount of funds allocated to an Indian tribe from the trib-al transportation program, for the purpose of maintenance (excluding road sealing, which shall not be subject to any limitation), the Sec-retary shall not use an amount more than the greater of— \n‘‘(i) an amount equal to 25 percent; or ‘‘(ii) $500,000. ‘‘(B) R\nESPONSIBILITY OF BUREAU OF INDIAN \nAFFAIRS AND SECRETARY OF THE INTERIOR .— \n‘‘(i) B UREAU OF INDIAN AFFAIRS .—The Bureau \nof Indian Affairs shall retain primary responsi-bility, including annual funding request respon-sibility, for Bureau of Indian Affairs road main-tenance programs on Indian reservations. \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00293 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4452 June 28, 2012 \n‘‘(ii) S ECRETARY OF THE INTERIOR .—The Sec-\nretary of the Interior shall ensure that funding made available under this subsection for mainte-nance of tribal transportation facilities for each fiscal year is supplementary to, and not in lieu of, any obligation of funds by the Bureau of In-dian Affairs for road maintenance programs on Indian reservations. \n‘‘(C) T\nRIBAL -STATE ROAD MAINTENANCE AGREE -\nMENTS .— \n‘‘(i) I N GENERAL .—An Indian tribe and a State \nmay enter into a road maintenance agreement under which an Indian tribe shall assume the responsibility of the State for— \n‘‘(I) tribal transportation facilities; and ‘‘(II) roads providing access to tribal transpor-\ntation facilities. \n‘‘(ii) R\nEQUIREMENTS .—Agreements entered \ninto under clause (i) shall— \n‘‘(I) be negotiated between the State and the \nIndian tribe; and \n‘‘(II) not require the approval of the Sec-\nretary. \n‘‘(9) C OOPERATION .— \n‘‘(A) I N GENERAL .—The cooperation of States, \ncounties, or other local subdivisions may be ac-cepted in construction and improvement. \n‘‘(B) F\nUNDS RECEIVED .—Any funds received \nfrom a State, county, or local subdivision shall be credited to appropriations available for the tribal transportation program. \n‘‘(10) C\nOMPETITIVE BIDDING .— \n‘‘(A) C ONSTRUCTION .— \n‘‘(i) I N GENERAL .—Subject to clause (ii) and \nsubparagraph (B), construction of each project shall be performed by contract awarded by com-petitive bidding. \n‘‘(ii) E\nXCEPTION .—Clause (i) shall not apply if \nthe Secretary or the Secretary of the Interior af-firmatively finds that, under the circumstances relating to the project, a different method is in the public interest. \n‘‘(B) A\nPPLICABILITY .—Notwithstanding sub-\nparagraph (A), section 23 of the Act of June 25, 1910 (25 U.S.C. 47) and section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e(b)) shall apply to all funds administered by the Secretary of the Interior that are appropriated for the construction and improvement of tribal transportation facilities. \n‘‘(b) F\nUNDS DISTRIBUTION .— \n‘‘(1) N ATIONAL TRIBAL TRANSPORTATION FACIL -\nITY INVENTORY .— \n‘‘(A) I N GENERAL .—The Secretary of the Inte-\nrior, in cooperation with the Secretary, shall maintain a comprehensive national inventory of tribal transportation facilities that are eligible for assistance under the tribal transportation program. \n‘‘(B) T\nRANSPORTATION FACILITIES INCLUDED IN \nTHE INVENTORY .—For purposes of identifying \nthe tribal transportation system and deter-mining the relative transportation needs among Indian tribes, the Secretary shall include, at a minimum, transportation facilities that are eligi-ble for assistance under the tribal transpor-tation program that an Indian tribe has re-quested, including facilities that— \n‘‘(i) were included in the Bureau of Indian \nAffairs system inventory prior to October 1, 2004; \n‘‘(ii) are owned by an Indian tribal govern-\nment; \n‘‘(iii) are owned by the Bureau of Indian Af-\nfairs; \n‘‘(iv) were constructed or reconstructed with \nfunds from the Highway Trust Fund under the Indian reservation roads program since 1983; \n‘‘(v) are public roads or bridges within the ex-\nterior boundary of Indian reservations, Alaska Native villages, and other recognized Indian communities (including communities in former Indian reservations in the State of Oklahoma) in which the majority of residents are American Indians or Alaska Natives; \n‘‘(vi) are public roads within or providing ac-\ncess to an Indian reservation or Indian trust land or restricted Indian land that is not subject to fee title alienation without the approval of \nthe Federal Government, or Indian or Alaska Native villages, groups, or communities in which Indians and Alaska Natives reside, whom the Secretary of the Interior has determined are eli-gible for services generally available to Indians under Federal laws specifically applicable to In-dians; or \n‘‘(vii) are primary access routes proposed by \ntribal governments, including roads between vil-lages, roads to landfills, roads to drinking water sources, roads to natural resources identified for economic development, and roads that provide access to intermodal terminals, such as airports, harbors, or boat landings. \n‘‘(C) L\nIMITATION ON PRIMARY ACCESS \nROUTES .—For purposes of this paragraph, a pro-\nposed primary access route is the shortest prac-ticable route connecting 2 points of the proposed route. \n‘‘(D) A\nDDITIONAL FACILITIES .—Nothing in this \nparagraph precludes the Secretary from includ-ing additional transportation facilities that are eligible for funding under the tribal transpor-tation program in the inventory used for the na-tional funding allocation if such additional fa-cilities are included in the inventory in a uni-form and consistent manner nationally. \n‘‘(E) B\nRIDGES .—All bridges in the inventory \nshall be recorded in the national bridge inven-tory administered by the Secretary under section 144. \n‘‘(2) R\nEGULATIONS .—Notwithstanding sections \n563(a) and 565(a) of title 5, the Secretary of the Interior shall maintain any regulations gov-erning the tribal transportation program. \n‘‘(3) B\nASIS FOR FUNDING FORMULA .— \n‘‘(A) B ASIS.— \n‘‘(i) I N GENERAL .—After making the set asides \nauthorized under subparagraph (C) and sub-sections (c), (d), and (e) on October 1 of each fiscal year, the Secretary shall distribute the re-mainder authorized to be appropriated for the tribal transportation program under this section among Indian tribes as follows: \n‘‘(I) For fiscal year 2013— ‘‘(aa) for each Indian tribe, 80 percent of the \ntotal relative need distribution factor and popu-lation adjustment factor for the fiscal year 2011 funding amount made available to that Indian tribe; and \n‘‘(bb) the remainder using tribal shares as de-\nscribed in subparagraphs (B) and (C). \n‘‘(II) For fiscal year 2014— ‘‘(aa) for each Indian tribe, 60 percent of the \ntotal relative need distribution factor and popu-lation adjustment factor for the fiscal year 2011 funding amount made available to that Indian tribe; and \n‘‘(bb) the remainder using tribal shares as de-\nscribed in subparagraphs (B) and (C). \n‘‘(III) For fiscal year 2015— ‘‘(aa) for each Indian tribe, 40 percent of the \ntotal relative need distribution factor and popu-lation adjustment factor for the fiscal year 2011 funding amount made available to that Indian tribe; and \n‘‘(bb) the remainder using tribal shares as de-\nscribed in subparagraphs (B) and (C). \n‘‘(IV) For fiscal year 2016 and thereafter— ‘‘(aa) for each Indian tribe, 20 percent of the \ntotal relative need distribution factor and popu-lation adjustment factor for the fiscal year 2011 funding amount made available to that Indian tribe; and \n‘‘(bb) the remainder using tribal shares as de-\nscribed in subparagraphs (B) and (C). \n‘‘(ii) T\nRIBAL HIGH PRIORITY PROJECTS .—The \nHigh Priority Projects program as included in the Tribal Transportation Allocation Method-ology of part 170 of title 25, Code of Federal Regulations (as in effect on the date of enact-ment of the MAP–21), shall not continue in ef-fect. \n‘‘(B) T\nRIBAL SHARES .—Tribal shares under \nthis program shall be determined using the na-tional tribal transportation facility inventory as calculated for fiscal year 2012, and the most re-cent data on American Indian and Alaska Na-\ntive population within each Indian tribe’s Amer-ican Indian/Alaska Native Reservation or Statis-tical Area, as computed under the Native Amer-ican Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.), in the fol-lowing manner: \n‘‘(i) 27 percent in the ratio that the total eligi-\nble road mileage in each tribe bears to the total eligible road mileage of all American Indians and Alaskan Natives. For the purposes of this calculation, eligible road mileage shall be com-puted based on the inventory described in para-graph (1), using only facilities included in the inventory described in clause (i), (ii), or (iii) of paragraph (1)(B). \n‘‘(ii) 39 percent in the ratio that the total pop-\nulation in each tribe bears to the total popu-lation of all American Indians and Alaskan Na-tives. \n‘‘(iii) 34 percent shall be divided equally \namong each Bureau of Indian Affairs region. Within each region, such share of funds shall be distributed to each Indian tribe in the ratio that the average total relative need distribution fac-tors and population adjustment factors from fis-cal years 2005 through 2011 for a tribe bears to the average total of relative need distribution factors and population adjustment factors for fiscal years 2005 through 2011 in that region. \n‘‘(C) T\nRIBAL SUPPLEMENTAL FUNDING .— \n‘‘(i) T RIBAL SUPPLEMENTAL FUNDING \nAMOUNT .—Of funds made available for each fis-\ncal year for the tribal transportation program, the Secretary shall set aside the following amount for a tribal supplemental program: \n‘‘(I) If the amount made available for the trib-\nal transportation program is less than or equal to $275,000,000, 30 percent of such amount. \n‘‘(II) If the amount made available for the \ntribal transportation program exceeds $275,000,000— \n‘‘(aa) $82,500,000; plus ‘‘(bb) 12.5 percent of the amount made avail-\nable for the tribal transportation program in ex-cess of $275,000,000. \n‘‘(ii) T\nRIBAL SUPPLEMENTAL ALLOCATION .— \nThe Secretary shall distribute tribal supple-mental funds as follows: \n‘‘(I) D\nISTRIBUTION AMONG REGIONS .—Of the \namounts set aside under clause (i), the Secretary shall distribute to each region of the Bureau of Indian Affairs a share of tribal supplemental funds in proportion to the regional total of trib-al shares based on the cumulative tribal shares of all Indian tribes within such region under subparagraph (B). \n‘‘(II) D\nISTRIBUTION WITHIN A REGION .—Of the \namount that a region receives under subclause (I), the Secretary shall distribute tribal supple-mental funding among Indian tribes within such region as follows: \n‘‘(aa) T\nRIBAL SUPPLEMENTAL AMOUNTS .—The \nSecretary shall determine— \n‘‘(AA) which such Indian tribes would be enti-\ntled under subparagraph (A) to receive in a fis-cal year less funding than they would receive in fiscal year 2011 pursuant to the relative need distribution factor and population adjustment factor, as described in subpart C of part 170 of title 25, Code of Federal Regulations (as in ef-fect on the date of enactment of the MAP–21); and \n‘‘(BB) the combined amount that such Indian \ntribes would be entitled to receive in fiscal year 2011 pursuant to such relative need distribution factor and population adjustment factor in ex-cess of the amount that they would be entitled to receive in the fiscal year under subparagraph (B). \n‘‘(bb) C\nOMBINED AMOUNT .—Subject to sub-\nclause (III), the Secretary shall distribute to each Indian tribe that meets the criteria de-scribed in item (aa)(AA) a share of funding under this subparagraph in proportion to the share of the combined amount determined under item (aa)(BB) attributable to such Indian tribe. \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00294 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4453 June 28, 2012 \n‘‘(III) C EILING .—An Indian tribe may not re-\nceive under subclause (II) and based on its trib-al share under subparagraph (A) a combined amount that exceeds the amount that such In-dian tribe would be entitled to receive in fiscal year 2011 pursuant to the relative need distribu-tion factor and population adjustment factor, as described in subpart C of part 170 of title 25, Code of Federal Regulations (as in effect on the date of enactment of the MAP–21). \n‘‘(IV) O\nTHER AMOUNTS .—If the amount made \navailable for a region under subclause (I) ex-ceeds the amount distributed among Indian tribes within that region under subclause (II), the Secretary shall distribute the remainder of such region’s funding under such subclause among all Indian tribes in that region in propor-tion to the combined amount that each such In-dian tribe received under subparagraph (A) and subclauses (I), (II), and (III).] \n‘‘(4) T\nRANSFERRED FUNDS .— \n‘‘(A) I N GENERAL .—Not later than 30 days \nafter the date on which funds are made avail-able to the Secretary of the Interior under this paragraph, the funds shall be distributed to, and made available for immediate use by, eligi-ble Indian tribes, in accordance with the for-mula for distribution of funds under the tribal transportation program. \n‘‘(B) U\nSE OF FUNDS .—Notwithstanding any \nother provision of this section, funds made available to Indian tribes for tribal transpor-tation facilities shall be expended on projects identified in a transportation improvement pro-gram approved by the Secretary. \n‘‘(5) H\nEALTH AND SAFETY ASSURANCES .—Not-\nwithstanding any other provision of law, an In-dian tribal government may approve plans, specifications, and estimates and commence road and bridge construction with funds made available from the tribal transportation program through a contract or agreement under Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), if the Indian tribal government— \n‘‘(A) provides assurances in the contract or \nagreement that the construction will meet or ex-ceed applicable health and safety standards; \n‘‘(B) obtains the advance review of the plans \nand specifications from a State-licensed civil en-gineer that has certified that the plans and specifications meet or exceed the applicable health and safety standards; and \n‘‘(C) provides a copy of the certification under \nsubparagraph (A) to the Deputy Assistant Sec-retary for Tribal Government Affairs, Depart-ment of Transportation, or the Assistant Sec-retary for Indian Affairs, Department of the In-terior, as appropriate. \n‘‘(6) C\nONTRACTS AND AGREEMENTS WITH INDIAN \nTRIBES .— \n‘‘(A) I N GENERAL .—Notwithstanding any other \nprovision of law or any interagency agreement, program guideline, manual, or policy directive, all funds made available through the Secretary of the Interior under this chapter and section 125(e) for tribal transportation facilities to pay for the costs of programs, services, functions, and activities, or portions of programs, services, functions, or activities, that are specifically or functionally related to the cost of planning, re-search, engineering, and construction of any tribal transportation facility shall be made available, upon request of the Indian tribal gov-ernment, to the Indian tribal government for contracts and agreements for such planning, re-search, engineering, and construction in accord-ance with Indian Self-Determination and Edu-cation Assistance Act (25 U.S.C. 450 et seq.). \n‘‘(B) E\nXCLUSION OF AGENCY PARTICIPATION .— \nAll funds, including contract support costs, for programs, functions, services, or activities, or portions of programs, services, functions, or ac-tivities, including supportive administrative functions that are otherwise contractible to which subparagraph (A) applies, shall be paid in accordance with subparagraph (A), without regard to the organizational level at which the Department of the Interior has previously car-\nried out such programs, functions, services, or activities. \n‘‘(7) C\nONTRACTS AND AGREEMENTS WITH INDIAN \nTRIBES .— \n‘‘(A) I N GENERAL .—Notwithstanding any other \nprovision of law or any interagency agreement, program guideline, manual, or policy directive, all funds made available to an Indian tribal government under this chapter for a tribal transportation facility program or project shall be made available, on the request of the Indian tribal government, to the Indian tribal govern-ment for use in carrying out, in accordance with the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), contracts and agreements for the planning, research, de-sign, engineering, construction, and mainte-nance relating to the program or project. \n‘‘(B) E\nXCLUSION OF AGENCY PARTICIPATION .— \nIn accordance with subparagraph (A), all funds, including contract support costs, for a program or project to which subparagraph (A) applies shall be paid to the Indian tribal govern-ment without regard to the organizational level at which the Department of the Interior has previously carried out, or the Department of Transportation has previously carried out under the tribal transportation program, the programs, functions, services, or activities involved. \n‘‘(C) C\nONSORTIA .—Two or more Indian tribes \nthat are otherwise eligible to participate in a program or project to which this chapter applies may form a consortium to be considered as a single Indian tribe for the purpose of partici-pating in the project under this section. \n‘‘(D) S\nECRETARY AS SIGNATORY .—Notwith-\nstanding any other provision of law, the Sec-retary is authorized to enter into a funding agreement with an Indian tribal government to carry out a tribal transportation facility pro-gram or project under subparagraph (A) that is located on an Indian reservation or provides ac-cess to the reservation or a community of the In-dian tribe. \n‘‘(E) F\nUNDING .—The amount an Indian tribal \ngovernment receives for a program or project under subparagraph (A) shall equal the sum of the funding that the Indian tribal government would otherwise receive for the program or project in accordance with the funding formula established under this subsection and such addi-tional amounts as the Secretary determines equal the amounts that would have been with-held for the costs of the Bureau of Indian Af-fairs for administration of the program or project. \n‘‘(F) E\nLIGIBILITY .— \n‘‘(i) I N GENERAL .—Subject to clause (ii) and \nthe approval of the Secretary, funds may be made available under subparagraph (A) to an Indian tribal government for a program or project in a fiscal year only if the Indian tribal government requesting such funds demonstrates to the satisfaction of the Secretary financial sta-bility and financial management capability dur-ing the 3 fiscal years immediately preceding the fiscal year for which the request is being made. \n‘‘(ii) C\nONSIDERATIONS .—An Indian tribal gov-\nernment that had no uncorrected significant and material audit exceptions in the required annual audit of the contracts or self-governance funding agreements made by the Indian tribe with any Federal agency under the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450 et seq.) during the 3-fiscal year pe-riod referred in clause (i) shall be conclusive evi-dence of the financial stability and financial management capability of the Indian tribe for purposes of clause (i). \n‘‘(G) A\nSSUMPTION OF FUNCTIONS AND DUTIES .— \nAn Indian tribal government receiving funding under subparagraph (A) for a program or project shall assume all functions and duties that the Secretary of the Interior would have performed with respect to a program or project under this chapter, other than those functions and duties that inherently cannot be legally transferred under the Indian Self-Determination \nand Education Assistance Act (25 U.S.C. 450 et seq.). \n‘‘(H) P\nOWERS .—An Indian tribal government \nreceiving funding under subparagraph (A) for a program or project shall have all powers that the Secretary of the Interior would have exer-cised in administering the funds transferred to the Indian tribal government for such program or project under this section if the funds had not been transferred, except to the extent that such powers are powers that inherently cannot be legally transferred under the Indian Self-De-termination and Education Assistance Act (25 U.S.C. 450 et seq.). \n‘‘(I) D\nISPUTE RESOLUTION .—In the event of a \ndisagreement between the Secretary or the Sec-retary of the Interior and an Indian tribe over whether a particular function, duty, or power may be lawfully transferred to the Indian tribe under the Indian Self-Determination and Edu-cation Assistance Act (25 U.S.C. 450 et seq.), the Indian tribe shall have the right to pursue all alternative dispute resolution and appeal proce-dures authorized by that Act, including regula-tions issued to carry out the Act. \n‘‘(J) T\nERMINATION OF CONTRACT OR AGREE -\nMENT .—On the date of the termination of a con-\ntract or agreement under this section by an In-dian tribal government, the Secretary shall transfer all funds that would have been allo-cated to the Indian tribal government under the contract or agreement to the Secretary of the In-terior to provide continued transportation serv-ices in accordance with applicable law. \n‘‘(c) P\nLANNING .— \n‘‘(1) I N GENERAL .—For each fiscal year, not \nmore than 2 percent of the funds made available for the tribal transportation program shall be allocated among Indian tribal governments that apply for transportation planning pursuant to the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.). \n‘‘(2) R\nEQUIREMENT .—An Indian tribal govern-\nment, in cooperation with the Secretary of the Interior and, as appropriate, with a State, local government, or metropolitan planning organiza-tion, shall carry out a transportation planning process in accordance with section 201(c). \n‘‘(3) S\nELECTION AND APPROVAL OF PROJECTS .— \nA project funded under this section shall be— \n‘‘(A) selected by the Indian tribal government \nfrom the transportation improvement program; and \n‘‘(B) subject to the approval of the Secretary \nof the Interior and the Secretary. \n‘‘(d) T\nRIBAL TRANSPORTATION FACILITY \nBRIDGES .— \n‘‘(1) N ATIONWIDE PRIORITY PROGRAM .—The \nSecretary shall maintain a nationwide priority program for improving deficient bridges eligible for the tribal transportation program. \n‘‘(2) F\nUNDING .—Before making any distribu-\ntion under subsection (b), the Secretary shall set aside not more than 2 percent of the funds made available under the tribal transportation pro-gram for each fiscal year to be allocated— \n‘‘(A) to carry out any planning, design, engi-\nneering, preconstruction, construction, and in-spection of a project to replace, rehabilitate, seismically retrofit, paint, apply calcium magne-sium acetate, sodium acetate/formate, or other environmentally acceptable, minimally corrosive anti-icing and deicing composition; or \n‘‘(B) to implement any countermeasure for de-\nficient tribal transportation facility bridges, in-cluding multiple-pipe culverts. \n‘‘(3) E\nLIGIBLE BRIDGES .—To be eligible to re-\nceive funding under this subsection, a bridge de-scribed in paragraph (1) shall— \n‘‘(A) have an opening of not less than 20 feet; ‘‘(B) be classified as a tribal transportation \nfacility; and \n‘‘(C) be structurally deficient or functionally \nobsolete. \n‘‘(4) A\nPPROVAL REQUIREMENT .—The Secretary \nmay make funds available under this subsection for preliminary engineering, construction, and \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00295 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4454 June 28, 2012 \nconstruction engineering activities after ap-\nproval of required documentation and verification of eligibility in accordance with this title. \n‘‘(e) S\nAFETY .— \n‘‘(1) F UNDING .—Before making any distribu-\ntion under subsection (b), the Secretary shall set aside not more than 2 percent of the funds made available under the tribal transportation pro-gram for each fiscal year to be allocated based on an identification and analysis of highway safety issues and opportunities on tribal land, as determined by the Secretary, on application of the Indian tribal governments for eligible projects described in section 148(a)(4). \n‘‘(2) P\nROJECT SELECTION .—An Indian tribal \ngovernment, in cooperation with the Secretary of the Interior and, as appropriate, with a State, local government, or metropolitan plan-ning organization, shall select projects from the transportation improvement program, subject to the approval of the Secretary and the Secretary of the Interior. \n‘‘(f) F\nEDERAL -AIDELIGIBLE PROJECTS .—Before \napproving as a project on a tribal transpor-tation facility any project eligible for funds ap-portioned under section 104 in a State, the Sec-retary shall, for projects on tribal transpor-tation facilities, determine that the obligation of funds for the project is supplementary to and not in lieu of the obligation of a fair and equi-table share of funds apportioned to the State under section 104. \n‘‘§ 203. Federal lands transportation program \n‘‘(a) U\nSE OF FUNDS.— \n‘‘(1) I N GENERAL .—Funds made available \nunder the Federal lands transportation program shall be used by the Secretary of Transportation and the Secretary of the appropriate Federal land management agency to pay the costs of— \n‘‘(A) program administration, transportation \nplanning, research, preventive maintenance, en-gineering, rehabilitation, restoration, construc-tion, and reconstruction of Federal lands trans-portation facilities, and— \n‘‘(i) adjacent vehicular parking areas; ‘‘(ii) acquisition of necessary scenic easements \nand scenic or historic sites; \n‘‘(iii) provision for pedestrians and bicycles; ‘‘(iv) environmental mitigation in or adjacent \nto Federal land open to the public— \n‘‘(I) to improve public safety and reduce vehi-\ncle-caused wildlife mortality while maintaining habitat connectivity; and \n‘‘(II) to mitigate the damage to wildlife, \naquatic organism passage, habitat, and eco-system connectivity, including the costs of con-structing, maintaining, replacing, or removing culverts and bridges, as appropriate; \n‘‘(v) construction and reconstruction of road-\nside rest areas, including sanitary and water fa-cilities; \n‘‘(vi) congestion mitigation; and ‘‘(vii) other appropriate public road facilities, \nas determined by the Secretary; \n‘‘(B) operation and maintenance of transit fa-\ncilities; \n‘‘(C) any transportation project eligible for as-\nsistance under this title that is on a public road within or adjacent to, or that provides access to, Federal lands open to the public; and \n‘‘(D) not more $10,000,000 of the amounts made \navailable per fiscal year to carry out this section for activities eligible under subparagraph (A)(iv). \n‘‘(2) C\nONTRACT .—In connection with an activ-\nity described in paragraph (1), the Secretary and the Secretary of the appropriate Federal land management agency may enter into a con-tract or other appropriate agreement with re-spect to the activity with— \n‘‘(A) a State (including a political subdivision \nof a State); or \n‘‘(B) an Indian tribe. ‘‘(3) A\nDMINISTRATION .—All appropriations for \nthe construction and improvement of Federal lands transportation facilities shall be adminis-tered in conformity with regulations and agree-\nments jointly approved by the Secretary and the Secretary of the appropriate Federal land man-aging agency. \n‘‘(4) C\nOOPERATION .— \n‘‘(A) I N GENERAL .—The cooperation of States, \ncounties, or other local subdivisions may be ac-cepted in construction and improvement. \n‘‘(B) F\nUNDS RECEIVED .—Any funds received \nfrom a State, county, or local subdivision shall be credited to appropriations available for the class of Federal lands transportation facilities to which the funds were contributed. \n‘‘(5) C\nOMPETITIVE BIDDING .— \n‘‘(A) I N GENERAL .—Subject to subparagraph \n(B), construction of each project shall be per-formed by contract awarded by competitive bid-ding. \n‘‘(B) E\nXCEPTION .—Subparagraph (A) shall not \napply if the Secretary or the Secretary of the appropriate Federal land management agency affirmatively finds that, under the cir-cumstances relating to the project, a different method is in the public interest. \n‘‘(b) A\nGENCY PROGRAM DISTRIBUTIONS .— \n‘‘(1) I N GENERAL .—On October 1, 2011, and on \nOctober 1 of each fiscal year thereafter, the Sec-retary shall allocate the sums authorized to be appropriated for the fiscal year for the Federal lands transportation program on the basis of applications of need, as determined by the Sec-retary— \n‘‘(A) in consultation with the Secretaries of \nthe applicable Federal land management agen-cies; and \n‘‘(B) in coordination with the transportation \nplans required under section 201 of the respec-tive transportation systems of— \n‘‘(i) the National Park Service; ‘‘(ii) the Forest Service; ‘‘(iii) the United States Fish and Wildlife \nService; \n‘‘(iv) the Corps of Engineers; and ‘‘(v) the Bureau of Land Management. ‘‘(2) A\nPPLICATIONS .— \n‘‘(A) R EQUIREMENTS .—Each application sub-\nmitted by a Federal land management agency shall include proposed programs at various po-tential funding levels, as defined by the Sec-retary following collaborative discussions with applicable Federal land management agencies. \n‘‘(B) C\nONSIDERATION BY SECRETARY .—In eval-\nuating an application submitted under subpara-graph (A), the Secretary shall consider the ex-tent to which the programs support— \n‘‘(i) the transportation goals of— ‘‘(I) a state of good repair of transportation \nfacilities; \n‘‘(II) a reduction of bridge deficiencies, and ‘‘(III) an improvement of safety; ‘‘(ii) high-use Federal recreational sites or \nFederal economic generators; and \n‘‘(iii) the resource and asset management \ngoals of the Secretary of the respective Federal land management agency. \n‘‘(C) P\nERMISSIVE CONTENTS .—Applications \nmay include proposed programs the duration of which extend over a multiple-year period to sup-port long-term transportation planning and re-source management initiatives. \n‘‘(c) N\nATIONAL FEDERAL LANDS TRANSPOR -\nTATION FACILITY INVENTORY .— \n‘‘(1) I N GENERAL .—The Secretaries of the ap-\npropriate Federal land management agencies, in cooperation with the Secretary, shall maintain a comprehensive national inventory of public Fed-eral lands transportation facilities. \n‘‘(2) T\nRANSPORTATION FACILITIES INCLUDED IN \nTHE INVENTORIES .—To identify the Federal \nlands transportation system and determine the relative transportation needs among Federal land management agencies, the inventories shall include, at a minimum, facilities that— \n‘‘(A) provide access to high-use Federal recre-\nation sites or Federal economic generators, as determined by the Secretary in coordination with the respective Secretaries of the appro-priate Federal land management agencies; and ‘‘(B) are owned by 1 of the following agencies: \n‘‘(i) The National Park Service. ‘‘(ii) The Forest Service. ‘‘(iii) The United States Fish and Wildlife \nService. \n‘‘(iv) The Bureau of Land Management. ‘‘(v) The Corps of Engineers. ‘‘(3) A\nVAILABILITY .—The inventories shall be \nmade available to the Secretary. \n‘‘(4) U PDATES .—The Secretaries of the appro-\npriate Federal land management agencies shall update the inventories of the appropriate Fed-eral land management agencies, as determined by the Secretary after collaborative discussions with the Secretaries of the appropriate Federal land management agencies. \n‘‘(5) R\nEVIEW .—A decision to add or remove a \nfacility from the inventory shall not be consid-ered a Federal action for purposes of review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). \n‘‘(d) B\nICYCLE SAFETY .—The Secretary of the \nappropriate Federal land management agency shall prohibit the use of bicycles on each feder-ally owned road that has a speed limit of 30 miles per hour or greater and an adjacent paved path for use by bicycles within 100 yards of the road unless the Secretary determines that the bi-cycle level of service on that roadway is rated B or higher. \n‘‘§ 204. Federal lands access program \n‘‘(a) U\nSE OF FUNDS.— \n‘‘(1) I N GENERAL .—Funds made available \nunder the Federal lands access program shall be used by the Secretary of Transportation and the Secretary of the appropriate Federal land man-agement agency to pay the cost of— \n‘‘(A) transportation planning, research, engi-\nneering, preventive maintenance, rehabilitation, restoration, construction, and reconstruction of Federal lands access transportation facilities lo-cated on or adjacent to, or that provide access to, Federal land, and— \n‘‘(i) adjacent vehicular parking areas; ‘‘(ii) acquisition of necessary scenic easements \nand scenic or historic sites; \n‘‘(iii) provisions for pedestrians and bicycles; ‘‘(iv) environmental mitigation in or adjacent \nto Federal land to improve public safety and re-duce vehicle-caused wildlife mortality while maintaining habitat connectivity; \n‘‘(v) construction and reconstruction of road-\nside rest areas, including sanitary and water fa-cilities; and \n‘‘(vi) other appropriate public road facilities, \nas determined by the Secretary; \n‘‘(B) operation and maintenance of transit fa-\ncilities; and \n‘‘(C) any transportation project eligible for as-\nsistance under this title that is within or adja-cent to, or that provides access to, Federal land. \n‘‘(2) C\nONTRACT .—In connection with an activ-\nity described in paragraph (1), the Secretary and the Secretary of the appropriate Federal land management agency may enter into a con-tract or other appropriate agreement with re-spect to the activity with— \n‘‘(A) a State (including a political subdivision \nof a State); or \n‘‘(B) an Indian tribe. ‘‘(3) A\nDMINISTRATION .—All appropriations for \nthe construction and improvement of Federal lands access transportation facilities shall be administered in conformity with regulations and agreements approved by the Secretary. \n‘‘(4) C\nOOPERATION .— \n‘‘(A) I N GENERAL .—The cooperation of States, \ncounties, or other local subdivisions may be ac-cepted in construction and improvement. \n‘‘(B) F\nUNDS RECEIVED .—Any funds received \nfrom a State, county, or local subdivision for a Federal lands access transportation facility project shall be credited to appropriations avail-able under the Federal lands access program. \n‘‘(5) C\nOMPETITIVE BIDDING .— \n‘‘(A) I N GENERAL .—Subject to subparagraph \n(B), construction of each project shall be per-formed by contract awarded by competitive bid-ding. \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00296 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4455 June 28, 2012 \n‘‘(B) E XCEPTION .—Subparagraph (A) shall not \napply if the Secretary or the Secretary of the appropriate Federal land management agency affirmatively finds that, under the cir-cumstances relating to the project, a different method is in the public interest. \n‘‘(b) P\nROGRAM DISTRIBUTIONS .— \n‘‘(1) I N GENERAL .—Funding made available to \ncarry out the Federal lands access program shall be allocated among those States that have Federal land, in accordance with the following formula: \n‘‘(A) 80 percent of the available funding for \nuse in those States that contain at least 1\n1⁄2per-\ncent of the total public land in the United States managed by the agencies described in paragraph (2), to be distributed as follows: \n‘‘(i) 30 percent in the ratio that— ‘‘(I) recreational visitation within each such \nState; bears to \n‘‘(II) the recreational visitation within all \nsuch States. \n‘‘(ii) 5 percent in the ratio that— ‘‘(I) the Federal land area within each such \nState; bears to \n‘‘(II) the Federal land area in all such States. ‘‘(iii) 55 percent in the ratio that— ‘‘(I) the Federal public road miles within each \nsuch State; bears to \n‘‘(II) the Federal public road miles in all such \nStates. \n‘‘(iv) 10 percent in the ratio that— ‘‘(I) the number of Federal public bridges \nwithin each such State; bears to \n‘‘(II) the number of Federal public bridges in \nall such States. \n‘‘(B) 20 percent of the available funding for \nuse in those States that do not contain at least 1\n1⁄2percent of the total public land in the United \nStates managed by the agencies described in paragraph (2), to be distributed as follows: \n‘‘(i) 30 percent in the ratio that— ‘‘(I) recreational visitation within each such \nState; bears to \n‘‘(II) the recreational visitation within all \nsuch States. \n‘‘(ii) 5 percent in the ratio that— ‘‘(I) the Federal land area within each such \nState; bears to \n‘‘(II) the Federal land area in all such States. ‘‘(iii) 55 percent in the ratio that— ‘‘(I) the Federal public road miles within each \nsuch State; bears to \n‘‘(II) the Federal public road miles in all such \nStates. \n‘‘(iv) 10 percent in the ratio that— ‘‘(I) the number of Federal public bridges \nwithin each such State; bears to \n‘‘(II) the number of Federal public bridges in \nall such States. \n‘‘(2) D\nATA SOURCE .—Data necessary to dis-\ntribute funding under paragraph (1) shall be provided by the following Federal land manage-ment agencies: \n‘‘(A) The National Park Service. ‘‘(B) The Forest Service. ‘‘(C) The United States Fish and Wildlife \nService. \n‘‘(D) The Bureau of Land Management. ‘‘(E) The Corps of Engineers. ‘‘(c) P\nROGRAMMING DECISIONS COMMITTEE .— \n‘‘(1) I N GENERAL .—Programming decisions \nshall be made within each State by a committee comprised of— \n‘‘(A) a representative of the Federal Highway \nAdministration; \n‘‘(B) a representative of the State Department \nof Transportation; and \n‘‘(C) a representative of any appropriate polit-\nical subdivision of the State. \n‘‘(2) C\nONSULTATION REQUIREMENT .—The com-\nmittee described in paragraph (1) shall cooper-ate with each applicable Federal agency in each State before any joint discussion or final pro-gramming decision. \n‘‘(3) P\nROJECT PREFERENCE .—In making a pro-\ngramming decision under paragraph (1), the committee shall give preference to projects that provide access to, are adjacent to, or are located \nwithin high-use Federal recreation sites or Fed-eral economic generators, as identified by the Secretaries of the appropriate Federal land management agencies.’’. \n(b) P\nUBLIC LANDS DEVELOPMENT ROADS AND \nTRAILS .—Section 214 of title 23, United States \nCode, is repealed. \n(c) C ONFORMING AMENDMENTS .— \n(1) C HAPTER 2 ANALYSIS .—The analysis for \nchapter 2 of title 23, United States Code, is amended— \n(A) by striking the items relating to sections \n201 through 204 and inserting the following: \n‘‘201. Federal lands and tribal transportation \nprograms. \n‘‘202. Tribal transportation program. ‘‘203. Federal lands transportation program. ‘‘204. Federal lands access program.’’; and \n(B) by striking the item relating to section 214. (2) D\nEFINITION .—Section 138(a) of title 23, \nUnited States Code, is amended in the third sen-tence by striking ‘‘park road or parkway under section 204 of this title’’ and inserting ‘‘Federal lands transportation facility’’. \n(3) R\nULES, REGULATIONS , AND RECOMMENDA -\nTIONS .—Section 315 of title 23, United States \nCode, is amended by striking ‘‘204(f)’’ and in-serting ‘‘202(a)(5), 203(a)(3),’’. \nSEC. 1120. PROJECTS OF NATIONAL AND RE-\nGIONAL SIGNIFICANCE. \nSection 1301 of the SAFETEA–LU (23 U.S.C. \n101 note; 119 Stat. 1198) is amended— \n(1) in subsection (b), by striking ‘‘States’’ and \ninserting ‘‘eligible applicants’’; \n(2) in subsection (c), by striking paragraph (3) \nand inserting the following: \n‘‘(3) E LIGIBLE APPLICANT .—The term ‘eligible \napplicant’ means— \n‘‘(A) a State department of transportation or \na group of State departments of transportation; \n‘‘(B) a tribal government or consortium of \ntribal governments; \n‘‘(C) a transit agency; or ‘‘(D) a multi-State or multi-jurisdictional \ngroup of the agencies described in subpara-graphs (A) through (C).’’; \n(3) in subsection (d)(2), by striking ‘‘75’’ and \ninserting ‘‘50’’; \n(4) in subsection (e), by striking ‘‘State’’ and \ninserting ‘‘eligible applicant’’; \n(5) in subsection (f)(3) by striking subpara-\ngraph (B) and inserting the following: \n‘‘(B) improves roadways vital to national en-\nergy security; and’’; \n(6) in subsection (g)(1) by adding at the end \nthe following: \n‘‘(E) C\nONGRESSIONAL APPROVAL .—The Sec-\nretary may not issue a letter of intent, enter into a full funding grant agreement under para-graph (2), or make any other obligation or com-mitment to fund a project under this section if a joint resolution of disapproval is enacted dis-approving funding for the project before the last day of the 60-day period described in subpara-graph (B).’’; \n(7) in subsection (k), by adding at the end the \nfollowing: \n‘‘(3) P\nROJECT SELECTION JUSTIFICATIONS .— \n‘‘(A) I N GENERAL .—Not later than 30 days \nafter the date on which the Secretary selects a project for funding under this section, the Sec-retary shall submit to the Committee on Trans-portation and Infrastructure of the House of Representatives and the Committee on Environ-ment and Public Works of the Senate a report that describes the reasons for selecting the project, based on the criteria described in sub-section (f). \n‘‘(B) I\nNCLUSIONS .—The report submitted under \nsubparagraph (A) shall specify each criteria de-scribed in subsection (f) that the project meets. \n‘‘(C) A\nVAILABILITY .—The Secretary shall \nmake available on the website of the Depart-ment the report submitted under subparagraph (A).’’; and \n(8) by striking subsections (l) and (m) and in-\nserting the following: ‘‘(l) R\nEPORT .— \n‘‘(1) I N GENERAL .—Not later than 2 years after \nthe date of enactment of the MAP–21, the Sec-retary shall submit a report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Envi-ronment and Public Works of the Senate regard-ing projects of national and regional signifi-cance. \n‘‘(2) P\nURPOSE .—The purpose of the report \nissued under this subsection shall be to identify projects of national and regional significance that— \n‘‘(A) will significantly improve the perform-\nance of the Federal-aid highway system, nation-ally or regionally; \n‘‘(B) is able to— ‘‘(i) generate national economic benefits that \nreasonably exceed the costs of the projects, in-cluding increased access to jobs, labor, and other critical economic inputs; \n‘‘(ii) reduce long-term congestion, including \nimpacts in the State, region, and the United States, and increase speed, reliability, and ac-cessibility of the movement of people or freight; and \n‘‘(iii) improve transportation safety, including \nreducing transportation accidents, and serious injuries and fatalities; and \n‘‘(C) can be supported by an acceptable degree \nof non-Federal financial commitments. \n‘‘(3) C\nONTENTS .—The report issued under this \nsubsection shall include— \n‘‘(A) a comprehensive list of each project of \nnational and regional significance that— \n‘‘(i) has been complied through a survey of \nState departments of transportation; and \n‘‘(ii) has been classified by the Secretary as a \nproject of regional or national significance in accordance with this section; \n‘‘(B) an analysis of the information collected \nunder paragraph (1), including a discussion of the factors supporting each classification of a project as a project of regional or national sig-nificance; and \n‘‘(C) recommendations on financing for eligi-\nble project costs. \n‘‘(m) A\nUTHORIZATION OF APPROPRIATIONS .— \nThere is authorized to be appropriated to carry out this section $500,000,000 for fiscal year 2013, to remain available until expended.’’. \nSEC. 1121. CONSTRUCTION OF FERRY BOATS AND \nFERRY TERMINAL FACILITIES. \n(a) C ONSTRUCTION OF FERRY BOATS AND \nFERRY TERMINAL FACILITIES .—Section 147 of \ntitle 23, United States Code, is amended— \n(1) by striking subsections (c) and (d); (2) by redesignating subsections (e) and (f) as \nsubsections (f) and (g), respectively; and \n(3) by inserting after subsection (b) the fol-\nlowing: \n‘‘(c) D\nISTRIBUTION OF FUNDS.—Of the \namounts made available to ferry systems and public entities responsible for developing ferries under this section for a fiscal year, 100 percent shall be allocated in accordance with the for-mula set forth in subsection (d). \n‘‘(d) F\nORMULA .—Of the amounts allocated \npursuant to subsection (c)— \n‘‘(1) 20 percent shall be allocated among eligi-\nble entities in the proportion that— \n‘‘(A) the number of ferry passengers carried \nby each ferry system in the most recent fiscal year; bears to \n‘‘(B) the number of ferry passengers carried \nby all ferry systems in the most recent fiscal year; \n‘‘(2) 45 percent shall be allocated among eligi-\nble entities in the proportion that— \n‘‘(A) the number of vehicles carried by each \nferry system in the most recent fiscal year; bears to \n‘‘(B) the number of vehicles carried by all \nferry systems in the most recent fiscal year; and \n‘‘(3) 35 percent shall be allocated among eligi-\nble entities in the proportion that— \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00297 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4456 June 28, 2012 \n‘‘(A) the total route miles serviced by each \nferry system; bears to \n‘‘(B) the total route miles serviced by all ferry \nsystems. \n‘‘(e) A UTHORIZATION OF APPROPRIATIONS .— \nThere is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $67,000,000 for each of fiscal years 2013 and 2014.’’. \n(b) N\nATIONAL FERRY DATABASE .—Section \n1801(e) of the SAFETEA–LU (23 U.S.C. 129 note; Public Law 109–59) is amended— \n(1) in paragraph (2), by inserting ‘‘, including \nany Federal, State, and local government fund-ing sources,’’ after ‘‘sources’’; and \n(2) in paragraph (4)— (A) in subparagraph (B), by striking ‘‘and’’ at \nthe end; \n(B) by redesignating subparagraph (C) as sub-\nparagraph (D); \n(C) by inserting after subparagraph (B), the \nfollowing: \n‘‘(C) ensure that the database is consistent \nwith the national transit database maintained by the Federal Transit Administration; and’’; and \n(D) in subparagraph (D) (as redesignated by \nsubparagraph (B)), by striking ‘‘2009’’ and in-serting ‘‘2014’’. \nSEC. 1122. TRANSPORTATION ALTERNATIVES. \n(a) I NGENERAL .—Section 213 of title 23, \nUnited States Code, is amended to read as fol-lows: \n‘‘§ 213. Transportation alternatives \n‘‘(a) R\nESERVATION OF FUNDS.— \n‘‘(1) I N GENERAL .—On October 1 of each of fis-\ncal years 2013 and 2014, the Secretary shall pro-portionally reserve from the funds apportioned to a State under section 104(b) to carry out the requirements of this section an amount equal to the amount obtained by multiplying the amount determined under paragraph (2) by the ratio that— \n‘‘(A) the amount apportioned to the State for \nthe transportation enhancements program for fiscal year 2009 under section 133(d)(2), as in ef-fect on the day before the date of enactment of the MAP-21; bears to \n‘‘(B) the total amount of funds apportioned to \nall States for that fiscal year for the transpor-tation enhancements program for fiscal year 2009. \n‘‘(2) C\nALCULATION OF NATIONAL AMOUNT .— \nThe Secretary shall determine an amount for each fiscal year that is equal to 2 percent of the amounts authorized to be appropriated for such fiscal year from the Highway Trust Fund (other than the Mass Transit Account) to carry out chapters 1, 2, 5, and 6 of this title. \n‘‘(b) E\nLIGIBLE PROJECTS .—A State may obli-\ngate the funds reserved under this section for any of the following projects or activities: \n‘‘(1) Transportation alternatives, as defined in \nsection 101. \n‘‘(2) The recreational trails program under \nsection 206. \n‘‘(3) The safe routes to school program under \nsection 1404 of the SAFETEA–LU (23 U.S.C. 402 note; Public Law 109–59). \n‘‘(4) Planning, designing, or constructing bou-\nlevards and other roadways largely in the right- of-way of former Interstate System routes or other divided highways. \n‘‘(c) A\nLLOCATIONS OF FUNDS.— \n‘‘(1) C ALCULATION .—Of the funds reserved in \na State under this section— \n‘‘(A) 50 percent for a fiscal year shall be obli-\ngated under this section to any eligible entity in proportion to their relative shares of the popu-lation of the State— \n‘‘(i) in urbanized areas of the State with an \nurbanized area population of over 200,000; \n‘‘(ii) in areas of the State other than urban \nareas with a population greater than 5,000; and \n‘‘(iii) in other areas of the State; and ‘‘(B) 50 percent shall be obligated in any area \nof the State. ‘‘(2) M\nETROPOLITAN AREAS .—Funds attributed \nto an urbanized area under paragraph (1)(A)(i) may be obligated in the metropolitan area estab-lished under section 134 that encompasses the urbanized area. \n‘‘(3) D\nISTRIBUTION AMONG URBANIZED AREAS \nOF OVER 200 ,000 POPULATION .— \n‘‘(A) I N GENERAL .—Except as provided in \nparagraph (1)(B), the amount of funds that a State is required to obligate under paragraph (1)(A)(i) shall be obligated in urbanized areas described in paragraph (1)(A)(i) based on the relative population of the areas. \n‘‘(B) O\nTHER FACTORS .—A State may obligate \nthe funds described in subparagraph (A) based on other factors if the State and the relevant metropolitan planning organizations jointly apply to the Secretary for the permission to base the obligation on other factors and the Sec-retary grants the request. \n‘‘(4) A\nCCESS TO FUNDS .— \n‘‘(A) I N GENERAL .—Each State or metropolitan \nplanning organization required to obligate funds in accordance with paragraph (1) shall develop a competitive process to allow eligible entities to submit projects for funding that achieve the objectives of this subsection. \n‘‘(B) D\nEFINITION OF ELIGIBLE ENTITY .—In this \nparagraph, the term ‘eligible entity’ means— \n‘‘(i) a local government; ‘‘(ii) a regional transportation authority; ‘‘(iii) a transit agency; ‘‘(iv) a natural resource or public land agen-\ncy; \n‘‘(v) a school district, local education agency, \nor school; \n‘‘(vi) a tribal government; and ‘‘(vii) any other local or regional govern-\nmental entity with responsibility for or oversight of transportation or recreational trails (other than a metropolitan planning organization or a State agency) that the State determines to be eli-gible, consistent with the goals of this sub-section. \n‘‘(5) S\nELECTION OF PROJECTS .—For funds re-\nserved in a State under this section and suballo-cated to a metropolitan planning area under paragraph (1)(A)(i), each such metropolitan planning organization shall select projects car-ried out within the boundaries of the applicable metropolitan planning area, in consultation with the relevant State. \n‘‘(d) F\nLEXIBILITY OF EXCESS RESERVED FUND-\nING.—Beginning in the second fiscal year after \nthe date of enactment of the MAP-21, if on Au-gust 1 of that fiscal year the unobligated bal-ance of available funds reserved by a State under this section exceeds 100 percent of such reserved amount in such fiscal year, the State may thereafter obligate the amount of excess funds for any activity— \n‘‘(1) that is eligible to receive funding under \nthis section; or \n‘‘(2) for which the Secretary has approved the \nobligation of funds for any State under section 149. \n‘‘(e) T\nREATMENT OF PROJECTS .—Notwith-\nstanding any other provision of law, projects funded under this section (excluding those car-ried out under subsection (f)) shall be treated as projects on a Federal-aid highway under this chapter. \n‘‘(f) C\nONTINUATION OF CERTAIN RECREATIONAL \nTRAILS PROJECTS .—Each State shall— \n‘‘(1) obligate an amount of funds reserved \nunder this section equal to the amount of the funds apportioned to the State for fiscal year 2009 under section 104(h)(2) for projects relating to recreational trails under section 206; \n‘‘(2) return 1 percent of those funds to the \nSecretary for the administration of that pro-gram; and \n‘‘(3) comply with the provisions of the admin-\nistration of the recreational trails program under section 206, including the use of appor-tioned funds described under subsection (d)(3)(A) of that section. \n‘‘(g) S\nTATE FLEXIBILITY .—A State may opt out \nof the recreational trails program under sub-section (f) if the Governor of the State notifies \nthe Secretary not later than 30 days prior to ap-portionments being made for any fiscal year.’’. \n(b) C\nONFORMING AMENDMENT .—The analysis \nfor chapter 2 of title 23, United States Code, is amended by striking the item relating to section 213 and inserting the following: \n‘‘213. Transportation alternatives’’. \nSEC. 1123. TRIBAL HIGH PRIORITY PROJECTS \nPROGRAM. \n(a) D EFINITIONS .—In this section: \n(1) E MERGENCY OR DISASTER .—The term \n‘‘emergency or disaster’’ means damage to a tribal transportation facility that— \n(A) renders the tribal transportation facility \nimpassable or unusable; \n(B) is caused by— (i) a natural disaster over a widespread area; \nor \n(ii) a catastrophic failure from an external \ncause; and \n(C) would be eligible under the emergency re-\nlief program under section 125 of title 23, United States Code, but does not meet the funding thresholds required by that section. \n(2) L\nIST.—The term ‘‘list’’ means the funding \npriority list developed under subsection (c)(5). \n(3) P ROGRAM .—The term ‘‘program’’ means \nthe Tribal High Priority Projects program estab-lished under subsection (b)(1). \n(4) P\nROJECT .—The term ‘‘project’’ means a \nproject provided funds under the program. \n(b) P ROGRAM .— \n(1) I N GENERAL .—The Secretary shall use \namounts made available under subsection (h) to carry out a Tribal High Priority Projects pro-gram under which funds shall be provided to eli-gible applicants in accordance with this section. \n(2) E\nLIGIBLE APPLICANTS .—Applicants eligible \nfor program funds under this section include— \n(A) an Indian tribe whose annual allocation \nof funding under section 202 of title 23, United States Code, is insufficient to complete the high-est priority project of the Indian tribe; \n(B) a governmental subdivision of an Indian \ntribe— \n(i) that is authorized to administer the fund-\ning of the Indian tribe under section 202 of title 23, United States Code; and \n(ii) for which the annual allocation under \nthat section is insufficient to complete the high-est priority project of the Indian tribe; or \n(C) any Indian tribe that has an emergency or \ndisaster with respect to a transportation facility included on the national inventory of tribal transportation facilities under section 202(b)(1) of title 23, United States Code. \n(c) P\nROJECT APPLICATIONS ; FUNDING .— \n(1) I N GENERAL .—To apply for funds under \nthis section, an eligible applicant shall submit to the Department of the Interior or the Depart-ment an application that includes— \n(A) project scope of work, including \ndeliverables, budget, and timeline; \n(B) the amount of funds requested; (C) project information addressing— (i) the ranking criteria identified in para-\ngraph (3); or \n(ii) the nature of the emergency or disaster; (D) documentation that the project meets the \ndefinition of a tribal transportation facility and is included in the national inventory of tribal transportation facilities under section 202(b)(1) of title 23, United States Code; \n(E) documentation of official tribal action re-\nquesting the project; \n(F) documentation from the Indian tribe pro-\nviding authority for the Secretary of the Interior to place the project on a transportation improve-ment program if the project is selected and ap-proved; and \n(G) any other information the Secretary of the \nInterior or Secretary considers appropriate to make a determination. \n(2) L\nIMITATION ON APPLICATIONS .—An appli-\ncant for funds under the program may only have 1 application for assistance under this sec-tion pending at any 1 time, including any emer-gency or disaster application. \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00298 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4457 June 28, 2012 \n(3) A PPLICATION RANKING .— \n(A) I N GENERAL .—The Secretary of the Inte-\nrior and the Secretary shall determine the eligi-bility of, and fund, program applications, sub-ject to the availability of funds. \n(B) R\nANKING CRITERIA .—The project ranking \ncriteria for applications under this section shall include— \n(i) the existence of safety hazards with docu-\nmented fatality and injury accidents; \n(ii) the number of years since the Indian tribe \nlast completed a construction project funded by section 202 of title 23, United States Code; \n(iii) the readiness of the Indian tribe to pro-\nceed to construction or bridge design need; \n(iv) the percentage of project costs matched by \nfunds that are not provided under section 202 of title 23, United States Code, with projects with a greater percentage of other sources of match-ing funds ranked ahead of lesser matches); \n(v) the amount of funds requested, with re-\nquests for lesser amounts given greater priority; \n(vi) the challenges caused by geographic isola-\ntion; and \n(vii) all weather access for employment, com-\nmerce, health, safety, educational resources, or housing. \n(4) P\nROJECT SCORING MATRIX .—The project \nscoring matrix established in the appendix to part 170 of title 25, Code of Regulations (as in effect on the date of enactment of this Act) shall be used to rank all applications accepted under this section. \n(5) F\nUNDING PRIORITY LIST .— \n(A) I N GENERAL .—The Secretary of the Inte-\nrior and the Secretary shall jointly produce a funding priority list that ranks the projects ap-proved for funding under the program. \n(B) L\nIMITATION .—The number of projects on \nthe list shall be limited by the amount of fund-ing made available. \n(6) T\nIMELINE .—The Secretary of the Interior \nand the Secretary shall— \n(A) require applications for funding no sooner \nthan 60 days after funding is made available pursuant to subsection (a); \n(B) notify all applicants and Regions in writ-\ning of acceptance of applications; \n(C) rank all accepted applications in accord-\nance with the project scoring matrix, develop the funding priority list, and return unaccepted applications to the applicant with an expla-nation of deficiencies; \n(D) notify all accepted applicants of the \nprojects included on the funding priority list no later than 180 days after the application dead-line has passed pursuant to subparagraph (A); and \n(E) distribute funds to successful applicants. (d) E\nMERGENCY OR DISASTER PROJECT APPLI-\nCATIONS .— \n(1) I N GENERAL .—Notwithstanding subsection \n(c)(6), an eligible applicant may submit an emer-gency or disaster project application at any time during the fiscal year. \n(2) C\nONSIDERATION AS PRIORITY .—The Sec-\nretary shall— \n(A) consider project applications submitted \nunder paragraph (1) to be a priority; and \n(B) fund the project applications in accord-\nance with paragraph (3). \n(3) F UNDING .— \n(A) I N GENERAL .—If an eligible applicant sub-\nmits an application for a project under this sub-section before the issuance of the list under sub-section (c)(5) and the project is determined to be eligible for program funds, the Secretary of the Interior shall provide funding for the project be-fore providing funding for other approved projects on the list. \n(B) S\nUBMISSION AFTER ISSUANCE OF LIST .—If \nan eligible applicant submits an application under this subsection after the issuance of the list under subsection (c)(5) and the distribution of program funds in accordance with the list, the Secretary of the Interior shall provide fund-ing for the project on the date on which unobli-gated funds provided to projects on the list are returned to the Department of the Interior. (C) E\nFFECT ON OTHER PROJECTS .—If the Sec-\nretary of the Interior uses funding previously designated for a project on the list to fund an emergency or disaster project under this sub-section, the project on the list that did not re-ceive funding as a result of the redesignation of funds shall move to the top of the list the fol-lowing year. \n(4) E\nMERGENCY OR DISASTER PROJECT COST .— \nThe cost of a project submitted as an emergency or disaster under this subsection shall be at least 10 percent of the distribution of funds of the Indian tribe under section 202(b) of title 23, United States Code. \n(e) L\nIMITATION ON USE OF FUNDS.—Program \nfunds shall not be used for— \n(1) transportation planning; (2) research; (3) routine maintenance activities; (4) structures and erosion protection unrelated \nto transportation and roadways; \n(5) general reservation planning not involving \ntransportation; \n(6) landscaping and irrigation systems not in-\nvolving transportation programs and projects; \n(7) work performed on projects that are not in-\ncluded on a transportation improvement pro-gram approved by the Federal Highway Admin-istration, unless otherwise authorized by the Secretary of the Interior and the Secretary; \n(8) the purchase of equipment unless other-\nwise authorized by Federal law; or \n(9) the condemnation of land for recreational \ntrails. \n(f) L\nIMITATION ON PROJECT AMOUNTS .— \nProject funding shall be limited to a maximum of $1,000,000 per application, except that fund-ing for disaster or emergency projects shall also be limited to the estimated cost of repairing damage to the tribal transportation facility. \n(g) C\nOSTESTIMATE CERTIFICATION .—All cost \nestimates prepared for a project shall be re-quired to be submitted by the applicant to the Secretary of the Interior and the Secretary for certification and approval. \n(h) A\nUTHORIZATION OF APPROPRIATIONS .— \n(1) I N GENERAL .—There is authorized to be ap-\npropriated $30,000,000 out of the general fund of the Treasury to carry out the program for each of fiscal years 2013 and 2014. \n(2) A\nDMINISTRATION .—The funds made avail-\nable under paragraph (1) shall be administered in the same manner as funds made available for the tribal transportation program under section 202 of title 23, United States Code, except that— \n(A) the funds made available for the program \nshall remain available until September 30 of the third fiscal year after the year appropriated; and \n(B) the Federal share of the cost of a project \nshall be 100 percent. \nSubtitle B—Performance Management \nSEC. 1201. METROPOLITAN TRANSPORTATION \nPLANNING. \n(a) I NGENERAL .—Section 134 of title 23, \nUnited States Code, is amended to read as fol-lows: \n‘‘§ 134. Metropolitan transportation planning \n‘‘(a) P\nOLICY .—It is in the national interest— \n‘‘(1) to encourage and promote the safe and \nefficient management, operation, and develop-ment of surface transportation systems that will serve the mobility needs of people and freight and foster economic growth and development within and between States and urbanized areas, while minimizing transportation-related fuel consumption and air pollution through metro-politan and statewide transportation planning processes identified in this chapter; and \n‘‘(2) to encourage the continued improvement \nand evolution of the metropolitan and statewide transportation planning processes by metropoli-tan planning organizations, State departments of transportation, and public transit operators as guided by the planning factors identified in subsection (h) and section 135(d). \n‘‘(b) D\nEFINITIONS .—In this section and section \n135, the following definitions apply: ‘‘(1) M ETROPOLITAN PLANNING AREA .—The \nterm ‘metropolitan planning area’ means the ge-ographic area determined by agreement between the metropolitan planning organization for the area and the Governor under subsection (e). \n‘‘(2) M\nETROPOLITAN PLANNING ORGANIZA -\nTION.—The term ‘metropolitan planning organi-\nzation’ means the policy board of an organiza-tion established as a result of the designation process under subsection (d). \n‘‘(3) N\nONMETROPOLITAN AREA .—The term \n‘nonmetropolitan area’ means a geographic area outside designated metropolitan planning areas. \n‘‘(4) N\nONMETROPOLITAN LOCAL OFFICIAL .—The \nterm ‘nonmetropolitan local official’ means elected and appointed officials of general pur-pose local government in a nonmetropolitan area with responsibility for transportation. \n‘‘(5) R\nEGIONAL TRANSPORTATION PLANNING OR -\nGANIZATION .—The term ‘regional transportation \nplanning organization’ means a policy board of an organization established as the result of a designation under section 135(m). \n‘‘(6) TIP.—The term ‘TIP’ means a transpor-\ntation improvement program developed by a met-ropolitan planning organization under sub-section (j). \n‘‘(7) U\nRBANIZED AREA .—The term ‘urbanized \narea’ means a geographic area with a popu-lation of 50,000 or more, as determined by the Bureau of the Census. \n‘‘(c) G\nENERAL REQUIREMENTS .— \n‘‘(1) D EVELOPMENT OF LONG -RANGE PLANS AND \nTIPS.—To accomplish the objectives in sub-\nsection (a), metropolitan planning organizations designated under subsection (d), in cooperation with the State and public transportation opera-tors, shall develop long-range transportation plans and transportation improvement programs through a performance-driven, outcome-based approach to planning for metropolitan areas of the State. \n‘‘(2) C\nONTENTS .—The plans and TIPs for each \nmetropolitan area shall provide for the develop-ment and integrated management and operation of transportation systems and facilities (includ-ing accessible pedestrian walkways and bicycle transportation facilities) that will function as an intermodal transportation system for the metropolitan planning area and as an integral part of an intermodal transportation system for the State and the United States. \n‘‘(3) P\nROCESS OF DEVELOPMENT .—The process \nfor developing the plans and TIPs shall provide for consideration of all modes of transportation and shall be continuing, cooperative, and com-prehensive to the degree appropriate, based on the complexity of the transportation problems to be addressed. \n‘‘(d) D\nESIGNATION OF METROPOLITAN PLAN-\nNING ORGANIZATIONS .— \n‘‘(1) I N GENERAL .—To carry out the transpor-\ntation planning process required by this section, a metropolitan planning organization shall be designated for each urbanized area with a pop-ulation of more than 50,000 individuals— \n‘‘(A) by agreement between the Governor and \nunits of general purpose local government that together represent at least 75 percent of the af-fected population (including the largest incor-porated city (based on population) as deter-mined by the Bureau of the Census); or \n‘‘(B) in accordance with procedures estab-\nlished by applicable State or local law. \n‘‘(2) S\nTRUCTURE .—Not later than 2 years after \nthe date of enactment of MAP-21, each metro-politan planning organization that serves an area designated as a transportation manage-ment area shall consist of— \n‘‘(A) local elected officials; ‘‘(B) officials of public agencies that admin-\nister or operate major modes of transportation in the metropolitan area, including representation by providers of public transportation; and \n‘‘(C) appropriate State officials. ‘‘(3) L\nIMITATION ON STATUTORY CONSTRUC -\nTION.—Nothing in this subsection shall be con-\nstrued to interfere with the authority, under \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00299 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4458 June 28, 2012 \nany State law in effect on December 18, 1991, of \na public agency with multimodal transportation responsibilities— \n‘‘(A) to develop the plans and TIPs for adop-\ntion by a metropolitan planning organization; and \n‘‘(B) to develop long-range capital plans, co-\nordinate transit services and projects, and carry out other activities pursuant to State law. \n‘‘(4) C\nONTINUING DESIGNATION .—A designation \nof a metropolitan planning organization under this subsection or any other provision of law shall remain in effect until the metropolitan planning organization is redesignated under paragraph (5). \n‘‘(5) R\nEDESIGNATION PROCEDURES .— \n‘‘(A) I N GENERAL .—A metropolitan planning \norganization may be redesignated by agreement between the Governor and units of general pur-pose local government that together represent at least 75 percent of the existing planning area population (including the largest incorporated city (based on population) as determined by the Bureau of the Census) as appropriate to carry out this section. \n‘‘(B) R\nESTRUCTURING .—A metropolitan plan-\nning organization may be restructured to meet the requirements of paragraph (2) without un-dertaking a redesignation. \n‘‘(6) D\nESIGNATION OF MORE THAN 1 METROPOLI -\nTAN PLANNING ORGANIZATION .—More than 1 met-\nropolitan planning organization may be des-ignated within an existing metropolitan plan-ning area only if the Governor and the existing metropolitan planning organization determine that the size and complexity of the existing met-ropolitan planning area make designation of more than 1 metropolitan planning organization for the area appropriate. \n‘‘(e) M\nETROPOLITAN PLANNING AREABOUND -\nARIES .— \n‘‘(1) I N GENERAL .—For the purposes of this \nsection, the boundaries of a metropolitan plan-ning area shall be determined by agreement be-tween the metropolitan planning organization and the Governor. \n‘‘(2) I\nNCLUDED AREA .—Each metropolitan \nplanning area— \n‘‘(A) shall encompass at least the existing ur-\nbanized area and the contiguous area expected to become urbanized within a 20-year forecast period for the transportation plan; and \n‘‘(B) may encompass the entire metropolitan \nstatistical area or consolidated metropolitan sta-tistical area, as defined by the Bureau of the Census. \n‘‘(3) I\nDENTIFICATION OF NEW URBANIZED AREAS \nWITHIN EXISTING PLANNING AREA BOUNDARIES .— \nThe designation by the Bureau of the Census of new urbanized areas within an existing metro-politan planning area shall not require the re-designation of the existing metropolitan plan-ning organization. \n‘‘(4) E\nXISTING METROPOLITAN PLANNING AREAS \nIN NONATTAINMENT .— \n‘‘(A) I N GENERAL .—Notwithstanding para-\ngraph (2), except as provided in subparagraph (B), in the case of an urbanized area designated as a nonattainment area for ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.) as of the date of enactment of the SAFETEA-LU, the boundaries of the metropoli-tan planning area in existence as of such date of enactment shall be retained. \n‘‘(B) E\nXCEPTION .—The boundaries described \nin subparagraph (A) may be adjusted by agree-ment of the Governor and affected metropolitan planning organizations in the manner described in subsection (d)(5). \n‘‘(5) N\nEW METROPOLITAN PLANNING AREAS IN \nNONATTAINMENT .—In the case of an urbanized \narea designated after the date of enactment of the SAFETEA-LU, as a nonattainment area for ozone or carbon monoxide, the boundaries of the metropolitan planning area— \n‘‘(A) shall be established in the manner de-\nscribed in subsection (d)(1); \n‘‘(B) shall encompass the areas described in \nparagraph (2)(A); ‘‘(C) may encompass the areas described in \nparagraph (2)(B); and \n‘‘(D) may address any nonattainment area \nidentified under the Clean Air Act (42 U.S.C. 7401 et seq.) for ozone or carbon monoxide. \n‘‘(f) C\nOORDINATION IN MULTISTATE AREAS.— \n‘‘(1) I N GENERAL .—The Secretary shall encour-\nage each Governor with responsibility for a por-tion of a multistate metropolitan area and the appropriate metropolitan planning organiza-tions to provide coordinated transportation planning for the entire metropolitan area. \n‘‘(2) I\nNTERSTATE COMPACTS .—The consent of \nCongress is granted to any 2 or more States— \n‘‘(A) to enter into agreements or compacts, not \nin conflict with any law of the United States, for cooperative efforts and mutual assistance in support of activities authorized under this sec-tion as the activities pertain to interstate areas and localities within the States; and \n‘‘(B) to establish such agencies, joint or other-\nwise, as the States may determine desirable for making the agreements and compacts effective. \n‘‘(3) R\nESERVATION OF RIGHTS .—The right to \nalter, amend, or repeal interstate compacts en-tered into under this subsection is expressly re-served. \n‘‘(g) MPO C\nONSULTATION IN PLAN AND TIP \nCOORDINATION .— \n‘‘(1) N ONATTAINMENT AREAS .—If more than 1 \nmetropolitan planning organization has author-ity within a metropolitan area or an area which is designated as a nonattainment area for ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.), each metropolitan planning organization shall consult with the other metro-politan planning organizations designated for such area and the State in the coordination of plans and TIPs required by this section. \n‘‘(2) T\nRANSPORTATION IMPROVEMENTS LOCATED \nIN MULTIPLE MPOS .—If a transportation im-\nprovement, funded from the Highway Trust Fund or authorized under chapter 53 of title 49, is located within the boundaries of more than 1 metropolitan planning area, the metropolitan planning organizations shall coordinate plans and TIPs regarding the transportation improve-ment. \n‘‘(3) R\nELATIONSHIP WITH OTHER PLANNING OF -\nFICIALS .— \n‘‘(A) I N GENERAL .—The Secretary shall en-\ncourage each metropolitan planning organiza-tion to consult with officials responsible for other types of planning activities that are af-fected by transportation in the area (including State and local planned growth, economic devel-opment, environmental protection, airport oper-ations, and freight movements) or to coordinate its planning process, to the maximum extent practicable, with such planning activities. \n‘‘(B) R\nEQUIREMENTS .—Under the metropolitan \nplanning process, transportation plans and TIPs shall be developed with due consideration of other related planning activities within the metropolitan area, and the process shall provide for the design and delivery of transportation services within the metropolitan area that are provided by— \n‘‘(i) recipients of assistance under chapter 53 \nof title 49; \n‘‘(ii) governmental agencies and nonprofit or-\nganizations (including representatives of the agencies and organizations) that receive Federal assistance from a source other than the Depart-ment of Transportation to provide non-emergency transportation services; and \n‘‘(iii) recipients of assistance under section \n204. \n‘‘(h) S\nCOPE OF PLANNING PROCESS .— \n‘‘(1) I N GENERAL .—The metropolitan planning \nprocess for a metropolitan planning area under this section shall provide for consideration of projects and strategies that will— \n‘‘(A) support the economic vitality of the met-\nropolitan area, especially by enabling global competitiveness, productivity, and efficiency; \n‘‘(B) increase the safety of the transportation \nsystem for motorized and nonmotorized users; ‘‘(C) increase the security of the transpor-\ntation system for motorized and nonmotorized users; \n‘‘(D) increase the accessibility and mobility of \npeople and for freight; \n‘‘(E) protect and enhance the environment, \npromote energy conservation, improve the qual-ity of life, and promote consistency between transportation improvements and State and local planned growth and economic development patterns; \n‘‘(F) enhance the integration and connectivity \nof the transportation system, across and be-tween modes, for people and freight; \n‘‘(G) promote efficient system management \nand operation; and \n‘‘(H) emphasize the preservation of the exist-\ning transportation system. \n‘‘(2) P\nERFORMANCE -BASED APPROACH .— \n‘‘(A) I N GENERAL .—The metropolitan transpor-\ntation planning process shall provide for the es-tablishment and use of a performance-based ap-proach to transportation decisionmaking to sup-port the national goals described in section 150(b) of this title and in section 5301(c) of title 49. \n‘‘(B) P\nERFORMANCE TARGETS .— \n‘‘(i) S URFACE TRANSPORTATION PERFORMANCE \nTARGETS .— \n‘‘(I) I N GENERAL .—Each metropolitan plan-\nning organization shall establish performance targets that address the performance measures described in section 150(c), where applicable, to use in tracking progress towards attainment of critical outcomes for the region of the metropoli-tan planning organization. \n‘‘(II) C\nOORDINATION .—Selection of perform-\nance targets by a metropolitan planning organi-zation shall be coordinated with the relevant State to ensure consistency, to the maximum ex-tent practicable. \n‘‘(ii) P\nUBLIC TRANSPORTATION PERFORMANCE \nTARGETS .—Selection of performance targets by a \nmetropolitan planning organization shall be co-ordinated, to the maximum extent practicable, with providers of public transportation to en-sure consistency with sections 5326(c) and 5329(d) of title 49. \n‘‘(C) T\nIMING .—Each metropolitan planning or-\nganization shall establish the performance tar-gets under subparagraph (B) not later than 180 days after the date on which the relevant State or provider of public transportation establishes the performance targets. \n‘‘(D) I\nNTEGRATION OF OTHER PERFORMANCE - \nBASED PLANS .—A metropolitan planning organi-\nzation shall integrate in the metropolitan trans-portation planning process, directly or by ref-erence, the goals, objectives, performance meas-ures, and targets described in other State trans-portation plans and transportation processes, as well as any plans developed under chapter 53 of title 49 by providers of public transportation, re-quired as part of a performance-based program. \n‘‘(3) F\nAILURE TO CONSIDER FACTORS .—The \nfailure to consider any factor specified in para-graphs (1) and (2) shall not be reviewable by any court under this title or chapter 53 of title \n49, subchapter II of chapter 5 of title 5, or chap-ter 7 of title 5 in any matter affecting a trans-portation plan, a TIP, a project or strategy, or the certification of a planning process. \n‘‘(i) D\nEVELOPMENT OF TRANSPORTATION \nPLAN.— \n‘‘(1) R EQUIREMENTS .— \n‘‘(A) I N GENERAL .—Each metropolitan plan-\nning organization shall prepare and update a transportation plan for its metropolitan plan-ning area in accordance with the requirements of this subsection. \n‘‘(B) F\nREQUENCY .— \n‘‘(i) I N GENERAL .—The metropolitan planning \norganization shall prepare and update such plan every 4 years (or more frequently, if the metropolitan planning organization elects to up-date more frequently) in the case of each of the following: \n‘‘(I) Any area designated as nonattainment, \nas defined in section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)). \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00300 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4459 June 28, 2012 \n‘‘(II) Any area that was nonattainment and \nsubsequently designated to attainment in ac-cordance with section 107(d)(3) of that Act (42 U.S.C. 7407(d)(3)) and that is subject to a main-tenance plan under section 175A of that Act (42 U.S.C. 7505a). \n‘‘(ii) O\nTHER AREAS .—In the case of any other \narea required to have a transportation plan in accordance with the requirements of this sub-section, the metropolitan planning organization shall prepare and update such plan every 5 years unless the metropolitan planning organi-zation elects to update more frequently. \n‘‘(2) T\nRANSPORTATION PLAN .—A transpor-\ntation plan under this section shall be in a form that the Secretary determines to be appropriate and shall contain, at a minimum, the following: \n‘‘(A) I\nDENTIFICATION OF TRANSPORTATION FA -\nCILITIES .— \n‘‘(i) I N GENERAL .—An identification of trans-\nportation facilities (including major roadways, transit, multimodal and intermodal facilities, nonmotorized transportation facilities, and intermodal connectors) that should function as an integrated metropolitan transportation sys-tem, giving emphasis to those facilities that serve important national and regional transpor-tation functions. \n‘‘(ii) F\nACTORS .—In formulating the transpor-\ntation plan, the metropolitan planning organi-zation shall consider factors described in sub-section (h) as the factors relate to a 20-year forecast period. \n‘‘(B) P\nERFORMANCE MEASURES AND TARGETS .— \nA description of the performance measures and performance targets used in assessing the per-formance of the transportation system in ac-cordance with subsection (h)(2). \n‘‘(C) S\nYSTEM PERFORMANCE REPORT .—A sys-\ntem performance report and subsequent updates evaluating the condition and performance of the transportation system with respect to the per-formance targets described in subsection (h)(2), including— \n‘‘(i) progress achieved by the metropolitan \nplanning organization in meeting the perform-ance targets in comparison with system perform-ance recorded in previous reports; and \n‘‘(ii) for metropolitan planning organizations \nthat voluntarily elect to develop multiple sce-narios, an analysis of how the preferred sce-nario has improved the conditions and perform-ance of the transportation system and how changes in local policies and investments have impacted the costs necessary to achieve the identified performance targets. \n‘‘(D) M\nITIGATION ACTIVITIES .— \n‘‘(i) I N GENERAL .—A long-range transpor-\ntation plan shall include a discussion of types of potential environmental mitigation activities and potential areas to carry out these activities, including activities that may have the greatest potential to restore and maintain the environ-mental functions affected by the plan. \n‘‘(ii) C\nONSULTATION .—The discussion shall be \ndeveloped in consultation with Federal, State, and tribal wildlife, land management, and regu-latory agencies. \n‘‘(E) F\nINANCIAL PLAN .— \n‘‘(i) I N GENERAL .—A financial plan that— \n‘‘(I) demonstrates how the adopted transpor-\ntation plan can be implemented; \n‘‘(II) indicates resources from public and pri-\nvate sources that are reasonably expected to be made available to carry out the plan; and \n‘‘(III) recommends any additional financing \nstrategies for needed projects and programs. \n‘‘(ii) I\nNCLUSIONS .—The financial plan may in-\nclude, for illustrative purposes, additional projects that would be included in the adopted transportation plan if reasonable additional re-sources beyond those identified in the financial plan were available. \n‘‘(iii) C\nOOPERATIVE DEVELOPMENT .—For the \npurpose of developing the transportation plan, the metropolitan planning organization, transit operator, and State shall cooperatively develop estimates of funds that will be available to sup-port plan implementation. ‘‘(F) O\nPERATIONAL AND MANAGEMENT STRATE -\nGIES.—Operational and management strategies \nto improve the performance of existing transpor-tation facilities to relieve vehicular congestion and maximize the safety and mobility of people and goods. \n‘‘(G) C\nAPITAL INVESTMENT AND OTHER STRATE -\nGIES.—Capital investment and other strategies \nto preserve the existing and projected future metropolitan transportation infrastructure and provide for multimodal capacity increases based on regional priorities and needs. \n‘‘(H) T\nRANSPORTATION AND TRANSIT ENHANCE -\nMENT ACTIVITIES .—Proposed transportation and \ntransit enhancement activities. \n‘‘(3) C OORDINATION WITH CLEAN AIR ACT AGEN -\nCIES.—In metropolitan areas that are in non-\nattainment for ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.), the metropolitan planning organization shall co-ordinate the development of a transportation plan with the process for development of the transportation control measures of the State im-plementation plan required by that Act. \n‘‘(4) O\nPTIONAL SCENARIO DEVELOPMENT .— \n‘‘(A) I N GENERAL .—A metropolitan planning \norganization may, while fitting the needs and complexity of its community, voluntarily elect to develop multiple scenarios for consideration as part of the development of the metropolitan transportation plan, in accordance with sub-paragraph (B). \n‘‘(B) R\nECOMMENDED COMPONENTS .—A metro-\npolitan planning organization that chooses to develop multiple scenarios under subparagraph (A) shall be encouraged to consider— \n‘‘(i) potential regional investment strategies \nfor the planning horizon; \n‘‘(ii) assumed distribution of population and \nemployment; \n‘‘(iii) a scenario that, to the maximum extent \npracticable, maintains baseline conditions for the performance measures identified in sub-section (h)(2); \n‘‘(iv) a scenario that improves the baseline \nconditions for as many of the performance meas-ures identified in subsection (h)(2) as possible; \n‘‘(v) revenue constrained scenarios based on \nthe total revenues expected to be available over the forecast period of the plan; and \n‘‘(vi) estimated costs and potential revenues \navailable to support each scenario. \n‘‘(C) M\nETRICS .—In addition to the perform-\nance measures identified in section 150(c), met-ropolitan planning organizations may evaluate scenarios developed under this paragraph using locally-developed measures. \n‘‘(5) C\nONSULTATION .— \n‘‘(A) I N GENERAL .—In each metropolitan area, \nthe metropolitan planning organization shall consult, as appropriate, with State and local agencies responsible for land use management, natural resources, environmental protection, conservation, and historic preservation con-cerning the development of a long-range trans-portation plan. \n‘‘(B) I\nSSUES .—The consultation shall involve, \nas appropriate— \n‘‘(i) comparison of transportation plans with \nState conservation plans or maps, if available; or \n‘‘(ii) comparison of transportation plans to in-\nventories of natural or historic resources, if available. \n‘‘(6) P\nARTICIPATION BY INTERESTED PARTIES .— \n‘‘(A) I N GENERAL .—Each metropolitan plan-\nning organization shall provide citizens, af-fected public agencies, representatives of public transportation employees, freight shippers, pro-viders of freight transportation services, private providers of transportation, representatives of users of public transportation, representatives of users of pedestrian walkways and bicycle trans-portation facilities, representatives of the dis-abled, and other interested parties with a rea-sonable opportunity to comment on the trans-portation plan. \n‘‘(B) C\nONTENTS OF PARTICIPATION PLAN .—A \nparticipation plan— ‘‘(i) shall be developed in consultation with \nall interested parties; and \n‘‘(ii) shall provide that all interested parties \nhave reasonable opportunities to comment on the contents of the transportation plan. \n‘‘(C) M\nETHODS .—In carrying out subpara-\ngraph (A), the metropolitan planning organiza-tion shall, to the maximum extent practicable— \n‘‘(i) hold any public meetings at convenient \nand accessible locations and times; \n‘‘(ii) employ visualization techniques to de-\nscribe plans; and \n‘‘(iii) make public information available in \nelectronically accessible format and means, such as the World Wide Web, as appropriate to afford reasonable opportunity for consideration of public information under subparagraph (A). \n‘‘(7) P\nUBLICATION .—A transportation plan in-\nvolving Federal participation shall be published or otherwise made readily available by the met-ropolitan planning organization for public re-view, including (to the maximum extent prac-ticable) in electronically accessible formats and means, such as the World Wide Web, approved by the metropolitan planning organization and submitted for information purposes to the Gov-ernor at such times and in such manner as the Secretary shall establish. \n‘‘(8) S\nELECTION OF PROJECTS FROM ILLUS -\nTRATIVE LIST .—Notwithstanding paragraph \n(2)(C), a State or metropolitan planning organi-zation shall not be required to select any project from the illustrative list of additional projects included in the financial plan under paragraph (2)(C). \n‘‘(j) M\nETROPOLITAN TIP.— \n‘‘(1) D EVELOPMENT .— \n‘‘(A) I N GENERAL .—In cooperation with the \nState and any affected public transportation op-erator, the metropolitan planning organization designated for a metropolitan area shall develop a TIP for the metropolitan planning area that— \n‘‘(i) contains projects consistent with the cur-\nrent metropolitan transportation plan; \n‘‘(ii) reflects the investment priorities estab-\nlished in the current metropolitan transpor-tation plan; and \n‘‘(iii) once implemented, is designed to make \nprogress toward achieving the performance tar-gets established under subsection (h)(2). \n‘‘(B) O\nPPORTUNITY FOR COMMENT .—In devel-\noping the TIP, the metropolitan planning orga-nization, in cooperation with the State and any affected public transportation operator, shall provide an opportunity for participation by in-terested parties in the development of the pro-gram, in accordance with subsection (i)(5). \n‘‘(C) F\nUNDING ESTIMATES .—For the purpose of \ndeveloping the TIP, the metropolitan planning organization, public transportation agency, and State shall cooperatively develop estimates of funds that are reasonably expected to be avail-able to support program implementation. \n‘‘(D) U\nPDATING AND APPROVAL .—The TIP \nshall be— \n‘‘(i) updated at least once every 4 years; and ‘‘(ii) approved by the metropolitan planning \norganization and the Governor. \n‘‘(2) C\nONTENTS .— \n‘‘(A) P RIORITY LIST .—The TIP shall include a \npriority list of proposed Federally supported projects and strategies to be carried out within each 4-year period after the initial adoption of the TIP. \n‘‘(B) F\nINANCIAL PLAN .—The TIP shall include \na financial plan that— \n‘‘(i) demonstrates how the TIP can be imple-\nmented; \n‘‘(ii) indicates resources from public and pri-\nvate sources that are reasonably expected to be available to carry out the program; \n‘‘(iii) identifies innovative financing tech-\nniques to finance projects, programs, and strate-gies; and \n‘‘(iv) may include, for illustrative purposes, \nadditional projects that would be included in the approved TIP if reasonable additional re-sources beyond those identified in the financial plan were available. \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00301 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4460 June 28, 2012 \n‘‘(C) D ESCRIPTIONS .—Each project in the TIP \nshall include sufficient descriptive material (such as type of work, termini, length, and other similar factors) to identify the project or phase of the project. \n‘‘(D) P\nERFORMANCE TARGET ACHIEVEMENT .— \nThe transportation improvement program shall include, to the maximum extent practicable, a description of the anticipated effect of the trans-portation improvement program toward achiev-ing the performance targets established in the metropolitan transportation plan, linking in-vestment priorities to those performance targets. \n‘‘(3) I\nNCLUDED PROJECTS .— \n‘‘(A) P ROJECTS UNDER THIS TITLE AND CHAPTER \n53 OF TITLE 49 .—A TIP developed under this sub-\nsection for a metropolitan area shall include the projects within the area that are proposed for funding under chapter 1 of this title and chap-ter 53 of title 49. \n‘‘(B) P\nROJECTS UNDER CHAPTER 2 .— \n‘‘(i) R EGIONALLY SIGNIFICANT PROJECTS .—Re-\ngionally significant projects proposed for fund-ing under chapter 2 shall be identified individ-ually in the transportation improvement pro-gram. \n‘‘(ii) O\nTHER PROJECTS .—Projects proposed for \nfunding under chapter 2 that are not deter-mined to be regionally significant shall be grouped in 1 line item or identified individually in the transportation improvement program. \n‘‘(C) C\nONSISTENCY WITH LONG -RANGE TRANS -\nPORTATION PLAN .—Each project shall be con-\nsistent with the long-range transportation plan developed under subsection (i) for the area. \n‘‘(D) R\nEQUIREMENT OF ANTICIPATED FULL \nFUNDING .—The program shall include a project, \nor an identified phase of a project, only if full funding can reasonably be anticipated to be available for the project or the identified phase within the time period contemplated for comple-tion of the project or the identified phase. \n‘‘(4) N\nOTICE AND COMMENT .—Before approving \na TIP, a metropolitan planning organization, in cooperation with the State and any affected public transportation operator, shall provide an opportunity for participation by interested par-ties in the development of the program, in ac-cordance with subsection (i)(5). \n‘‘(5) S\nELECTION OF PROJECTS .— \n‘‘(A) I N GENERAL .—Except as otherwise pro-\nvided in subsection (k)(4) and in addition to the TIP development required under paragraph (1), the selection of Federally funded projects in metropolitan areas shall be carried out, from the approved TIP— \n‘‘(i) by— ‘‘(I) in the case of projects under this title, the \nState; and \n‘‘(II) in the case of projects under chapter 53 \nof title 49, the designated recipients of public transportation funding; and \n‘‘(ii) in cooperation with the metropolitan \nplanning organization. \n‘‘(B) M\nODIFICATIONS TO PROJECT PRIORITY .— \nNotwithstanding any other provision of law, ac-tion by the Secretary shall not be required to advance a project included in the approved TIP in place of another project in the program. \n‘‘(6) S\nELECTION OF PROJECTS FROM ILLUS -\nTRATIVE LIST .— \n‘‘(A) N O REQUIRED SELECTION .—Notwith-\nstanding paragraph (2)(B)(iv), a State or metro-politan planning organization shall not be re-quired to select any project from the illustrative list of additional projects included in the finan-cial plan under paragraph (2)(B)(iv). \n‘‘(B) R\nEQUIRED ACTION BY THE SECRETARY .— \nAction by the Secretary shall be required for a State or metropolitan planning organization to select any project from the illustrative list of ad-ditional projects included in the financial plan under paragraph (2)(B)(iv) for inclusion in an approved TIP. \n‘‘(7) P\nUBLICATION .— \n‘‘(A) P UBLICATION OF TIPS .—A TIP involving \nFederal participation shall be published or oth-erwise made readily available by the metropoli-tan planning organization for public review. ‘‘(B) P\nUBLICATION OF ANNUAL LISTINGS OF \nPROJECTS .— \n‘‘(i) I N GENERAL .—An annual listing of \nprojects, including investments in pedestrian walkways and bicycle transportation facilities, for which Federal funds have been obligated in the preceding year shall be published or other-wise made available by the cooperative effort of the State, transit operator, and metropolitan planning organization for public review. \n‘‘(ii) R\nEQUIREMENT .—The listing shall be con-\nsistent with the categories identified in the TIP. \n‘‘(k) T RANSPORTATION MANAGEMENT AREAS.— \n‘‘(1) I DENTIFICATION AND DESIGNATION .— \n‘‘(A) R EQUIRED IDENTIFICATION .—The Sec-\nretary shall identify as a transportation man-agement area each urbanized area (as defined by the Bureau of the Census) with a population of over 200,000 individuals. \n‘‘(B) D\nESIGNATIONS ON REQUEST .—The Sec-\nretary shall designate any additional area as a transportation management area on the request of the Governor and the metropolitan planning organization designated for the area. \n‘‘(2) T\nRANSPORTATION PLANS .—In a transpor-\ntation management area, transportation plans shall be based on a continuing and comprehen-sive transportation planning process carried out by the metropolitan planning organization in cooperation with the State and public transpor-tation operators. \n‘‘(3) C\nONGESTION MANAGEMENT PROCESS .— \n‘‘(A) I N GENERAL .—Within a metropolitan \nplanning area serving a transportation manage-ment area, the transportation planning process under this section shall address congestion man-agement through a process that provides for ef-fective management and operation, based on a cooperatively developed and implemented metro-politan-wide strategy, of new and existing transportation facilities eligible for funding under this title and chapter 53 of title 49 through the use of travel demand reduction and operational management strategies. \n‘‘(B) S\nCHEDULE .—The Secretary shall estab-\nlish an appropriate phase-in schedule for com-pliance with the requirements of this section but no sooner than 1 year after the identification of a transportation management area. \n‘‘(4) S\nELECTION OF PROJECTS .— \n‘‘(A) I N GENERAL .—All Federally funded \nprojects carried out within the boundaries of a metropolitan planning area serving a transpor-tation management area under this title (exclud-ing projects carried out on the National High-way System) or under chapter 53 of title 49 shall be selected for implementation from the ap-proved TIP by the metropolitan planning orga-nization designated for the area in consultation with the State and any affected public transpor-tation operator. \n‘‘(B) N\nATIONAL HIGHWAY SYSTEM PROJECTS .— \nProjects carried out within the boundaries of a metropolitan planning area serving a transpor-tation management area on the National High-way System shall be selected for implementation from the approved TIP by the State in coopera-tion with the metropolitan planning organiza-tion designated for the area. \n‘‘(5) C\nERTIFICATION .— \n‘‘(A) I N GENERAL .—The Secretary shall— \n‘‘(i) ensure that the metropolitan planning \nprocess of a metropolitan planning organization serving a transportation management area is being carried out in accordance with applicable provisions of Federal law; and \n‘‘(ii) subject to subparagraph (B), certify, not \nless often than once every 4 years, that the re-quirements of this paragraph are met with re-spect to the metropolitan planning process. \n‘‘(B) R\nEQUIREMENTS FOR CERTIFICATION .—The \nSecretary may make the certification under sub-paragraph (A) if— \n‘‘(i) the transportation planning process com-\nplies with the requirements of this section and other applicable requirements of Federal law; and \n‘‘(ii) there is a TIP for the metropolitan plan-\nning area that has been approved by the metro-politan planning organization and the Gov-\nernor. \n‘‘(C) E\nFFECT OF FAILURE TO CERTIFY .— \n‘‘(i) W ITHHOLDING OF PROJECT FUNDS .—If a \nmetropolitan planning process of a metropolitan planning organization serving a transportation management area is not certified, the Secretary may withhold up to 20 percent of the funds at-tributable to the metropolitan planning area of the metropolitan planning organization for projects funded under this title and chapter 53 of title 49. \n‘‘(ii) R\nESTORATION OF WITHHELD FUNDS .—The \nwithheld funds shall be restored to the metro-politan planning area at such time as the metro-politan planning process is certified by the Sec-retary. \n‘‘(D) R\nEVIEW OF CERTIFICATION .—In making \ncertification determinations under this para-graph, the Secretary shall provide for public in-volvement appropriate to the metropolitan area under review. \n‘‘(l) R\nEPORT ON PERFORMANCE -BASED PLAN-\nNING PROCESSES .— \n‘‘(1) I N GENERAL .—The Secretary shall submit \nto Congress a report on the effectiveness of the performance-based planning processes of metro-politan planning organizations under this sec-tion, taking into consideration the requirements of this subsection \n‘‘(2) R\nEPORT .—Not later than 5 years after the \ndate of enactment of the MAP–21, the Secretary shall submit to Congress a report evaluating— \n‘‘(A) the overall effectiveness of performance- \nbased planning as a tool for guiding transpor-tation investments; \n‘‘(B) the effectiveness of the performance- \nbased planning process of each metropolitan planning organization under this section; \n‘‘(C) the extent to which metropolitan plan-\nning organizations have achieved, or are cur-rently making substantial progress toward achieving, the performance targets specified under this section and whether metropolitan planning organizations are developing meaning-ful performance targets; and \n‘‘(D) the technical capacity of metropolitan \nplanning organizations that operate within a metropolitan planning area of less than 200,000 and their ability to carry out the requirements of this section. \n‘‘(3) P\nUBLICATION .—The report under para-\ngraph (2) shall be published or otherwise made available in electronically accessible formats and means, including on the Internet. \n‘‘(m) A\nBBREVIATED PLANS FOR CERTAIN \nAREAS.— \n‘‘(1) I N GENERAL .—Subject to paragraph (2), in \nthe case of a metropolitan area not designated as a transportation management area under this section, the Secretary may provide for the devel-opment of an abbreviated transportation plan and TIP for the metropolitan planning area that the Secretary determines is appropriate to achieve the purposes of this section, taking into account the complexity of transportation prob-lems in the area. \n‘‘(2) N\nONATTAINMENT AREAS .—The Secretary \nmay not permit abbreviated plans or TIPs for a metropolitan area that is in nonattainment for ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.). \n‘‘(n) A\nDDITIONAL REQUIREMENTS FOR CERTAIN \nNONATTAINMENT AREAS.— \n‘‘(1) I N GENERAL .—Notwithstanding any other \nprovisions of this title or chapter 53 of title, for transportation management areas classified as nonattainment for ozone or carbon monoxide pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.), Federal funds may not be advanced in such area for any highway project that will re-sult in a significant increase in the carrying ca-pacity for single-occupant vehicles unless the project is addressed through a congestion man-agement process. \n‘‘(2) A\nPPLICABILITY .—This subsection applies \nto a nonattainment area within the metropoli-tan planning area boundaries determined under subsection (e). \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00302 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4461 June 28, 2012 \n‘‘(o) L IMITATION ON STATUTORY CONSTRUC -\nTION.—Nothing in this section shall be con-\nstrued to confer on a metropolitan planning or-ganization the authority to impose legal require-ments on any transportation facility, provider, or project not eligible under this title or chapter 53 of title 49. \n‘‘(p) F\nUNDING .—Funds set aside under section \n104(f) of this title or section 5305(g) of title 49 shall be available to carry out this section. \n‘‘(q) C\nONTINUATION OF CURRENT REVIEW \nPRACTICE .—Since plans and TIPs described in \nthis section are subject to a reasonable oppor-tunity for public comment, since individual projects included in plans and TIPs are subject to review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and since decisions by the Secretary concerning plans and TIPs described in this section have not been reviewed under that Act as of January 1, 1997, any decision by the Secretary con-cerning a plan or TIP described in this section shall not be considered to be a Federal action subject to review under that Act.’’. \n(b) S\nTUDY ON METROPOLITAN PLANNING SCE-\nNARIO DEVELOPMENT .— \n(1) I N GENERAL .—The Secretary shall evaluate \nthe costs and benefits associated with metropoli-tan planning organizations developing multiple scenarios for consideration as a part of the de-velopment of their metropolitan transportation plan. \n(2) I\nNCLUSIONS .—The evaluation shall include \nan analysis of the technical and financial ca-pacity of the metropolitan planning organiza-tion needed to develop scenarios described in paragraph (1). \nSEC. 1202. STATEWIDE AND NONMETROPOLITAN \nTRANSPORTATION PLANNING. \n(a) I NGENERAL .—Section 135 of title 23, \nUnited States Code, is amended to read as fol-lows: \n‘‘§ 135. Statewide and nonmetropolitan trans-\nportation planning \n‘‘(a) G\nENERAL REQUIREMENTS .— \n‘‘(1) D EVELOPMENT OF PLANS AND PRO -\nGRAMS .—Subject to section 134, to accomplish \nthe objectives stated in section 134(a), each State shall develop a statewide transportation plan and a statewide transportation improvement program for all areas of the State. \n‘‘(2) C\nONTENTS .—The statewide transportation \nplan and the transportation improvement pro-gram developed for each State shall provide for the development and integrated management and operation of transportation systems and fa-cilities (including accessible pedestrian walk-ways and bicycle transportation facilities) that will function as an intermodal transportation system for the State and an integral part of an intermodal transportation system for the United States. \n‘‘(3) P\nROCESS OF DEVELOPMENT .—The process \nfor developing the statewide plan and the trans-portation improvement program shall provide for consideration of all modes of transportation and the policies stated in section 134(a) and shall be continuing, cooperative, and com-prehensive to the degree appropriate, based on the complexity of the transportation problems to be addressed. \n‘‘(b) C\nOORDINATION WITH METROPOLITAN \nPLANNING ; STATE IMPLEMENTATION PLAN.—A \nState shall— \n‘‘(1) coordinate planning carried out under \nthis section with the transportation planning activities carried out under section 134 for met-ropolitan areas of the State and with statewide trade and economic development planning ac-tivities and related multistate planning efforts; and \n‘‘(2) develop the transportation portion of the \nState implementation plan as required by the Clean Air Act (42 U.S.C. 7401 et seq.). \n‘‘(c) I\nNTERSTATE AGREEMENTS .— \n‘‘(1) I N GENERAL .—Two or more States may \nenter into agreements or compacts, not in con-flict with any law of the United States, for co-\noperative efforts and mutual assistance in sup-port of activities authorized under this section related to interstate areas and localities in the States and establishing authorities the States consider desirable for making the agreements and compacts effective. \n‘‘(2) R\nESERVATION OF RIGHTS .—The right to \nalter, amend, or repeal interstate compacts en-tered into under this subsection is expressly re-served. \n‘‘(d) S\nCOPE OF PLANNING PROCESS .— \n‘‘(1) I N GENERAL .—Each State shall carry out \na statewide transportation planning process that provides for consideration and implementa-tion of projects, strategies, and services that will— \n‘‘(A) support the economic vitality of the \nUnited States, the States, nonmetropolitan areas, and metropolitan areas, especially by en-abling global competitiveness, productivity, and efficiency; \n‘‘(B) increase the safety of the transportation \nsystem for motorized and nonmotorized users; \n‘‘(C) increase the security of the transpor-\ntation system for motorized and nonmotorized users; \n‘‘(D) increase the accessibility and mobility of \npeople and freight; \n‘‘(E) protect and enhance the environment, \npromote energy conservation, improve the qual-ity of life, and promote consistency between transportation improvements and State and local planned growth and economic development patterns; \n‘‘(F) enhance the integration and connectivity \nof the transportation system, across and be-tween modes throughout the State, for people and freight; \n‘‘(G) promote efficient system management \nand operation; and \n‘‘(H) emphasize the preservation of the exist-\ning transportation system. \n‘‘(2) P\nERFORMANCE -BASED APPROACH .— \n‘‘(A) I N GENERAL .—The statewide transpor-\ntation planning process shall provide for the es-tablishment and use of a performance-based ap-proach to transportation decisionmaking to sup-port the national goals described in section 150(b) of this title and in section 5301(c) of title 49. \n‘‘(B) P\nERFORMANCE TARGETS .— \n‘‘(i) S URFACE TRANSPORTATION PERFORMANCE \nTARGETS .— \n‘‘(I) I N GENERAL .—Each State shall establish \nperformance targets that address the perform-ance measures described in section 150(c), where applicable, to use in tracking progress towards attainment of critical outcomes for the State. \n‘‘(II) C\nOORDINATION .—Selection of perform-\nance targets by a State shall be coordinated with the relevant metropolitan planning organi-zations to ensure consistency, to the maximum extent practicable. \n‘‘(ii) P\nUBLIC TRANSPORTATION PERFORMANCE \nTARGETS .—In urbanized areas not represented \nby a metropolitan planning organization, selec-tion of performance targets by a State shall be coordinated, to the maximum extent practicable, with providers of public transportation to en-sure consistency with sections 5326(c) and 5329(d) of title 49. \n‘‘(C) I\nNTEGRATION OF OTHER PERFORMANCE - \nBASED PLANS .—A State shall integrate into the \nstatewide transportation planning process, di-rectly or by reference, the goals, objectives, per-formance measures, and targets described in this paragraph, in other State transportation plans and transportation processes, as well as any plans developed pursuant to chapter 53 of title 49 by providers of public transportation in ur-banized areas not represented by a metropolitan planning organization required as part of a per-formance-based program. \n‘‘(D) U\nSE OF PERFORMANCE MEASURES AND \nTARGETS .—The performance measures and tar-\ngets established under this paragraph shall be considered by a State when developing policies, programs, and investment priorities reflected in \nthe statewide transportation plan and statewide transportation improvement program. \n‘‘(3) F\nAILURE TO CONSIDER FACTORS .—The \nfailure to take into consideration the factors specified in paragraphs (1) and (2) shall not be subject to review by any court under this title, chapter 53 of title 49, subchapter II of chapter 5 of title 5, or chapter 7 of title 5 in any matter af-fecting a statewide transportation plan, a state-wide transportation improvement program, a project or strategy, or the certification of a planning process. \n‘‘(e) A\nDDITIONAL REQUIREMENTS .—In carrying \nout planning under this section, each State shall, at a minimum— \n‘‘(1) with respect to nonmetropolitan areas, \ncooperate with affected local officials with re-sponsibility for transportation or, if applicable, through regional transportation planning orga-nizations described in subsection (m); \n‘‘(2) consider the concerns of Indian tribal \ngovernments and Federal land management agencies that have jurisdiction over land within the boundaries of the State; and \n‘‘(3) consider coordination of transportation \nplans, the transportation improvement program, and planning activities with related planning activities being carried out outside of metropoli-tan planning areas and between States. \n‘‘(f) L\nONG-RANGE STATEWIDE TRANSPORTATION \nPLAN.— \n‘‘(1) D EVELOPMENT .—Each State shall develop \na long-range statewide transportation plan, with a minimum 20-year forecast period for all areas of the State, that provides for the develop-ment and implementation of the intermodal transportation system of the State. \n‘‘(2) C\nONSULTATION WITH GOVERNMENTS .— \n‘‘(A) M ETROPOLITAN AREAS .—The statewide \ntransportation plan shall be developed for each metropolitan area in the State in cooperation with the metropolitan planning organization designated for the metropolitan area under sec-tion 134. \n‘‘(B) N\nONMETROPOLITAN AREAS .— \n‘‘(i) I N GENERAL .—With respect to nonmetro-\npolitan areas, the statewide transportation plan shall be developed in cooperation with affected nonmetropolitan officials with responsibility for transportation or, if applicable, through re-gional transportation planning organizations described in subsection (m). \n‘‘(ii) R\nOLE OF SECRETARY .—The Secretary \nshall not review or approve the consultation process in each State. \n‘‘(C) I\nNDIAN TRIBAL AREAS .—With respect to \neach area of the State under the jurisdiction of an Indian tribal government, the statewide transportation plan shall be developed in con-sultation with the tribal government and the Secretary of the Interior. \n‘‘(D) C\nONSULTATION , COMPARISON , AND CON -\nSIDERATION .— \n‘‘(i) I N GENERAL .—The long-range transpor-\ntation plan shall be developed, as appropriate, in consultation with State, tribal, and local agencies responsible for land use management, natural resources, environmental protection, conservation, and historic preservation. \n‘‘(ii) C\nOMPARISON AND CONSIDERATION .—Con-\nsultation under clause (i) shall involve compari-son of transportation plans to State and tribal conservation plans or maps, if available, and comparison of transportation plans to inven-tories of natural or historic resources, if avail-able. \n‘‘(3) P\nARTICIPATION BY INTERESTED PARTIES .— \n‘‘(A) I N GENERAL .—In developing the state-\nwide transportation plan, the State shall pro-vide to— \n‘‘(i) nonmetropolitan local elected officials or, \nif applicable, through regional transportation planning organizations described in subsection (m), an opportunity to participate in accordance with subparagraph (B)(i); and \n‘‘(ii) citizens, affected public agencies, rep-\nresentatives of public transportation employees, \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00303 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4462 June 28, 2012 \nfreight shippers, private providers of transpor-\ntation, representatives of users of public trans-portation, representatives of users of pedestrian walkways and bicycle transportation facilities, representatives of the disabled, providers of freight transportation services, and other inter-ested parties a reasonable opportunity to com-ment on the proposed plan. \n‘‘(B) M\nETHODS .—In carrying out subpara-\ngraph (A), the State shall, to the maximum ex-tent practicable— \n‘‘(i) develop and document a consultative \nprocess to carry out subparagraph (A)(i) that is separate and discrete from the public involve-ment process developed under clause (ii); \n‘‘(ii) hold any public meetings at convenient \nand accessible locations and times; \n‘‘(iii) employ visualization techniques to de-\nscribe plans; and \n‘‘(iv) make public information available in \nelectronically accessible format and means, such as the World Wide Web, as appropriate to afford reasonable opportunity for consideration of public information under subparagraph (A). \n‘‘(4) M\nITIGATION ACTIVITIES .— \n‘‘(A) I N GENERAL .—A long-range transpor-\ntation plan shall include a discussion of poten-tial environmental mitigation activities and po-tential areas to carry out these activities, in-cluding activities that may have the greatest po-tential to restore and maintain the environ-mental functions affected by the plan. \n‘‘(B) C\nONSULTATION .—The discussion shall be \ndeveloped in consultation with Federal, State, and tribal wildlife, land management, and regu-latory agencies. \n‘‘(5) F\nINANCIAL PLAN .—The statewide trans-\nportation plan may include— \n‘‘(A) a financial plan that— ‘‘(i) demonstrates how the adopted statewide \ntransportation plan can be implemented; \n‘‘(ii) indicates resources from public and pri-\nvate sources that are reasonably expected to be made available to carry out the plan; and \n‘‘(iii) recommends any additional financing \nstrategies for needed projects and programs; and \n‘‘(B) for illustrative purposes, additional \nprojects that would be included in the adopted statewide transportation plan if reasonable ad-ditional resources beyond those identified in the financial plan were available. \n‘‘(6) S\nELECTION OF PROJECTS FROM ILLUS -\nTRATIVE LIST .—A State shall not be required to \nselect any project from the illustrative list of ad-ditional projects included in the financial plan described in paragraph (5). \n‘‘(7) P\nERFORMANCE -BASED APPROACH .—The \nstatewide transportation plan should include— \n‘‘(A) a description of the performance meas-\nures and performance targets used in assessing the performance of the transportation system in accordance with subsection (d)(2); and \n‘‘(B) a system performance report and subse-\nquent updates evaluating the condition and per-formance of the transportation system with re-spect to the performance targets described in subsection (d)(2), including progress achieved by the metropolitan planning organization in meet-ing the performance targets in comparison with system performance recorded in previous re-ports; \n‘‘(8) E\nXISTING SYSTEM .—The statewide trans-\nportation plan should include capital, oper-ations and management strategies, investments, procedures, and other measures to ensure the preservation and most efficient use of the exist-ing transportation system. \n‘‘(9) P\nUBLICATION OF LONG -RANGE TRANSPOR -\nTATION PLANS .—Each long-range transportation \nplan prepared by a State shall be published or otherwise made available, including (to the maximum extent practicable) in electronically accessible formats and means, such as the World Wide Web. \n‘‘(g) S\nTATEWIDE TRANSPORTATION IMPROVE -\nMENT PROGRAM .— \n‘‘(1) D EVELOPMENT .— \n‘‘(A) I N GENERAL .—Each State shall develop a \nstatewide transportation improvement program for all areas of the State. ‘‘(B) D\nURATION AND UPDATING OF PROGRAM .— \nEach program developed under subparagraph (A) shall cover a period of 4 years and shall be updated every 4 years or more frequently if the Governor of the State elects to update more fre-quently. \n‘‘(2) C\nONSULTATION WITH GOVERNMENTS .— \n‘‘(A) M ETROPOLITAN AREAS .—With respect to \neach metropolitan area in the State, the pro-gram shall be developed in cooperation with the metropolitan planning organization designated for the metropolitan area under section 134. \n‘‘(B) N\nONMETROPOLITAN AREAS .— \n‘‘(i) I N GENERAL .—With respect to each non-\nmetropolitan area in the State, the program shall be developed in consultation with affected nonmetropolitan local officials with responsi-bility for transportation or, if applicable, through regional transportation planning orga-nizations described in subsection (m). \n‘‘(ii) R\nOLE OF SECRETARY .—The Secretary \nshall not review or approve the specific con-sultation process in the State. \n‘‘(C) I\nNDIAN TRIBAL AREAS .—With respect to \neach area of the State under the jurisdiction of an Indian tribal government, the program shall be developed in consultation with the tribal gov-ernment and the Secretary of the Interior. \n‘‘(3) P\nARTICIPATION BY INTERESTED PARTIES .— \nIn developing the program, the State shall pro-vide citizens, affected public agencies, represent-atives of public transportation employees, freight shippers, private providers of transpor-tation, providers of freight transportation serv-ices, representatives of users of public transpor-tation, representatives of users of pedestrian walkways and bicycle transportation facilities, representatives of the disabled, and other inter-ested parties with a reasonable opportunity to comment on the proposed program. \n‘‘(4) P\nERFORMANCE TARGET ACHIEVEMENT .—A \nstatewide transportation improvement program shall include, to the maximum extent prac-ticable, a discussion of the anticipated effect of the statewide transportation improvement pro-gram toward achieving the performance targets established in the statewide transportation plan, linking investment priorities to those perform-ance targets. \n‘‘(5) I\nNCLUDED PROJECTS .— \n‘‘(A) I N GENERAL .—A transportation improve-\nment program developed under this subsection for a State shall include Federally supported surface transportation expenditures within the boundaries of the State. \n‘‘(B) L\nISTING OF PROJECTS .— \n‘‘(i) I N GENERAL .—An annual listing of \nprojects for which funds have been obligated for the preceding year in each metropolitan plan-ning area shall be published or otherwise made available by the cooperative effort of the State, transit operator, and the metropolitan planning organization for public review. \n‘‘(ii) F\nUNDING CATEGORIES .—The listing de-\nscribed in clause (i) shall be consistent with the funding categories identified in each metropoli-tan transportation improvement program. \n‘‘(C) P\nROJECTS UNDER CHAPTER 2 .— \n‘‘(i) R EGIONALLY SIGNIFICANT PROJECTS .—Re-\ngionally significant projects proposed for fund-ing under chapter 2 shall be identified individ-ually in the transportation improvement pro-gram. \n‘‘(ii) O\nTHER PROJECTS .—Projects proposed for \nfunding under chapter 2 that are not deter-mined to be regionally significant shall be grouped in 1 line item or identified individually in the transportation improvement program. \n‘‘(D) C\nONSISTENCY WITH STATEWIDE TRANSPOR -\nTATION PLAN .—Each project shall be— \n‘‘(i) consistent with the statewide transpor-\ntation plan developed under this section for the State; \n‘‘(ii) identical to the project or phase of the \nproject as described in an approved metropolitan transportation plan; and \n‘‘(iii) in conformance with the applicable \nState air quality implementation plan developed under the Clean Air Act (42 U.S.C. 7401 et seq.), \nif the project is carried out in an area des-ignated as a nonattainment area for ozone, par-ticulate matter, or carbon monoxide under part D of title I of that Act (42 U.S.C. 7501 et seq.). \n‘‘(E) R\nEQUIREMENT OF ANTICIPATED FULL \nFUNDING .—The transportation improvement pro-\ngram shall include a project, or an identified phase of a project, only if full funding can rea-sonably be anticipated to be available for the project within the time period contemplated for completion of the project. \n‘‘(F) F\nINANCIAL PLAN .— \n‘‘(i) I N GENERAL .—The transportation im-\nprovement program may include a financial plan that demonstrates how the approved trans-portation improvement program can be imple-mented, indicates resources from public and pri-vate sources that are reasonably expected to be made available to carry out the transportation improvement program, and recommends any ad-ditional financing strategies for needed projects and programs. \n‘‘(ii) A\nDDITIONAL PROJECTS .—The financial \nplan may include, for illustrative purposes, ad-ditional projects that would be included in the adopted transportation plan if reasonable addi-tional resources beyond those identified in the financial plan were available. \n‘‘(G) S\nELECTION OF PROJECTS FROM ILLUS -\nTRATIVE LIST .— \n‘‘(i) N O REQUIRED SELECTION .—Notwith-\nstanding subparagraph (F), a State shall not be required to select any project from the illus-trative list of additional projects included in the \nfinancial plan under subparagraph (F). \n‘‘(ii) R\nEQUIRED ACTION BY THE SECRETARY .— \nAction by the Secretary shall be required for a State to select any project from the illustrative list of additional projects included in the finan-cial plan under subparagraph (F) for inclusion in an approved transportation improvement pro-gram. \n‘‘(H) P\nRIORITIES .—The transportation im-\nprovement program shall reflect the priorities for programming and expenditures of funds, includ-ing transportation enhancement activities, re-quired by this title and chapter 53 of title 49. \n‘‘(6) P\nROJECT SELECTION FOR AREAS OF LESS \nTHAN 50 ,000 POPULATION .— \n‘‘(A) I N GENERAL .—Projects carried out in \nareas with populations of less than 50,000 indi-viduals shall be selected, from the approved transportation improvement program (excluding projects carried out on the National Highway System and projects carried out under the bridge program or the Interstate maintenance program under this title or under sections 5310 and 5311 of title 49), by the State in cooperation with the affected nonmetropolitan local officials with re-sponsibility for transportation or, if applicable, through regional transportation planning orga-nizations described in subsection (m). \n‘‘(B) O\nTHER PROJECTS .—Projects carried out \nin areas with populations of less than 50,000 in-dividuals on the National Highway System or under the bridge program or the Interstate maintenance program under this title or under sections 5310, 5311, 5316, and 5317 of title 49 shall be selected, from the approved statewide transportation improvement program, by the State in consultation with the affected non-metropolitan local officials with responsibility for transportation. \n‘‘(7) T\nRANSPORTATION IMPROVEMENT PROGRAM \nAPPROVAL .—Every 4 years, a transportation im-\nprovement program developed under this sub-section shall be reviewed and approved by the Secretary if based on a current planning find-ing. \n‘‘(8) P\nLANNING FINDING .—A finding shall be \nmade by the Secretary at least every 4 years that the transportation planning process through which statewide transportation plans and programs are developed is consistent with this section and section 134. \n‘‘(9) M\nODIFICATIONS TO PROJECT PRIORITY .— \nNotwithstanding any other provision of law, ac-tion by the Secretary shall not be required to \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00304 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4463 June 28, 2012 \nadvance a project included in the approved \ntransportation improvement program in place of another project in the program. \n‘‘(h) P\nERFORMANCE -BASED PLANNING PROC-\nESSES EVALUATION .— \n‘‘(1) I N GENERAL .—The Secretary shall estab-\nlish criteria to evaluate the effectiveness of the performance-based planning processes of States, taking into consideration the following: \n‘‘(A) The extent to which the State is making \nprogress toward achieving, the performance tar-gets described in subsection (d)(2), taking into account whether the State developed appro-priate performance targets. \n‘‘(B) The extent to which the State has made \ntransportation investments that are efficient and cost-effective. \n‘‘(C) The extent to which the State— ‘‘(i) has developed an investment process that \nrelies on public input and awareness to ensure that investments are transparent and account-able; and \n‘‘(ii) provides reports allowing the public to \naccess the information being collected in a for-mat that allows the public to meaningfully as-sess the performance of the State. \n‘‘(2) R\nEPORT .— \n‘‘(A) I N GENERAL .—Not later than 5 years \nafter the date of enactment of the MAP–21, the Secretary shall submit to Congress a report eval-uating— \n‘‘(i) the overall effectiveness of performance- \nbased planning as a tool for guiding transpor-tation investments; and \n‘‘(ii) the effectiveness of the performance- \nbased planning process of each State. \n‘‘(B) P\nUBLICATION .—The report under sub-\nparagraph (A) shall be published or otherwise made available in electronically accessible for-mats and means, including on the Internet. \n‘‘(i) F\nUNDING .—Funds apportioned under sec-\ntion 104(b)(5) of this title and set aside under section 5305(g) of title 49 shall be available to carry out this section. \n‘‘(j) T\nREATMENT OF CERTAIN STATE LAWS AS \nCONGESTION MANAGEMENT PROCESSES .—For \npurposes of this section and section 134, and sections 5303 and 5304 of title 49, State laws, rules, or regulations pertaining to congestion management systems or programs may constitute the congestion management process under this section and section 134, and sections 5303 and 5304 of title 49, if the Secretary finds that the State laws, rules, or regulations are consistent with, and fulfill the intent of, the purposes of this section and section 134 and sections 5303 and 5304 of title 49, as appropriate. \n‘‘(k) C\nONTINUATION OF CURRENT REVIEW \nPRACTICE .—Since the statewide transportation \nplan and the transportation improvement pro-gram described in this section are subject to a reasonable opportunity for public comment, since individual projects included in the state-wide transportation plans and the transpor-tation improvement program are subject to re-view under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and since de-cisions by the Secretary concerning statewide transportation plans or the transportation im-provement program described in this section have not been reviewed under that Act as of January 1, 1997, any decision by the Secretary concerning a metropolitan or statewide trans-portation plan or the transportation improve-ment program described in this section shall not be considered to be a Federal action subject to review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). \n‘‘(l) S\nCHEDULE FOR IMPLEMENTATION .—The \nSecretary shall issue guidance on a schedule for implementation of the changes made by this sec-tion, taking into consideration the established planning update cycle for States. The Secretary shall not require a State to deviate from its es-tablished planning update cycle to implement changes made by this section. States shall re-flect changes made to their transportation plan or transportation improvement program updates not later than 2 years after the date of issuance \nof guidance by the Secretary under this sub-section. \n‘‘(m) D\nESIGNATION OF REGIONAL TRANSPOR -\nTATION PLANNING ORGANIZATIONS .— \n‘‘(1) I N GENERAL .—To carry out the transpor-\ntation planning process required by this section, a State may establish and designate regional transportation planning organizations to en-hance the planning, coordination, and imple-mentation of statewide strategic long-range transportation plans and transportation im-provement programs, with an emphasis on ad-dressing the needs of nonmetropolitan areas of the State. \n‘‘(2) S\nTRUCTURE .—A regional transportation \nplanning organization shall be established as a multijurisdictional organization of nonmetro-politan local officials or their designees who vol-unteer for such organization and representa-tives of local transportation systems who volun-teer for such organization. \n‘‘(3) R\nEQUIREMENTS .—A regional transpor-\ntation planning organization shall establish, at a minimum— \n‘‘(A) a policy committee, the majority of which \nshall consist of nonmetropolitan local officials, or their designees, and, as appropriate, addi-tional representatives from the State, private business, transportation service providers, eco-nomic development practitioners, and the public in the region; and \n‘‘(B) a fiscal and administrative agent, such \nas an existing regional planning and develop-ment organization, to provide professional plan-ning, management, and administrative support. \n‘‘(4) D\nUTIES .—The duties of a regional trans-\nportation planning organization shall include— \n‘‘(A) developing and maintaining, in coopera-\ntion with the State, regional long-range multimodal transportation plans; \n‘‘(B) developing a regional transportation im-\nprovement program for consideration by the State; \n‘‘(C) fostering the coordination of local plan-\nning, land use, and economic development plans with State, regional, and local transportation plans and programs; \n‘‘(D) providing technical assistance to local \nofficials; \n‘‘(E) participating in national, multistate, and \nState policy and planning development proc-esses to ensure the regional and local input of nonmetropolitan areas; \n‘‘(F) providing a forum for public participa-\ntion in the statewide and regional transpor-tation planning processes; \n‘‘(G) considering and sharing plans and pro-\ngrams with neighboring regional transportation planning organizations, metropolitan planning organizations, and, where appropriate, tribal organizations; and \n‘‘(H) conducting other duties, as necessary, to \nsupport and enhance the statewide planning process under subsection (d). \n‘‘(5) S\nTATES WITHOUT REGIONAL TRANSPOR -\nTATION PLANNING ORGANIZATIONS .—If a State \nchooses not to establish or designate a regional transportation planning organization, the State shall consult with affected nonmetropolitan local officials to determine projects that may be of regional significance.’’. \n(b) C\nONFORMING AMENDMENT .—The analysis \nfor chapter 1 of title 23, United States Code, is amended by striking the item relating to section 135 and inserting the following: \n‘‘135. Statewide and nonmetropolitan transpor-\ntation planning.’’. \nSEC. 1203. NATIONAL GOALS AND PERFORMANCE \nMANAGEMENT MEASURES. \n(a) I NGENERAL .—Section 150 of title 23, \nUnited States Code, is amended to read as fol-lows: \n‘‘§ 150. National goals and performance man-\nagement measures \n‘‘(a) D\nECLARATION OF POLICY .—Performance \nmanagement will transform the Federal-aid highway program and provide a means to the \nmost efficient investment of Federal transpor-tation funds by refocusing on national trans-portation goals, increasing the accountability and transparency of the Federal-aid highway program, and improving project decisionmaking through performance-based planning and pro-gramming. \n‘‘(b) N\nATIONAL GOALS.—It is in the interest of \nthe United States to focus the Federal-aid high-way program on the following national goals: \n‘‘(1) S\nAFETY .—To achieve a significant reduc-\ntion in traffic fatalities and serious injuries on all public roads. \n‘‘(2) I\nNFRASTRUCTURE CONDITION .—To main-\ntain the highway infrastructure asset system in a state of good repair. \n‘‘(3) C\nONGESTION REDUCTION .—To achieve a \nsignificant reduction in congestion on the Na-tional Highway System. \n‘‘(4) S\nYSTEM RELIABILITY .—To improve the ef-\nficiency of the surface transportation system. \n‘‘(5) F REIGHT MOVEMENT AND ECONOMIC VI -\nTALITY .—To improve the national freight net-\nwork, strengthen the ability of rural commu-nities to access national and international trade markets, and support regional economic devel-opment. \n‘‘(6) E\nNVIRONMENTAL SUSTAINABILITY .—To en-\nhance the performance of the transportation system while protecting and enhancing the nat-ural environment. \n‘‘(7) R\nEDUCED PROJECT DELIVERY DELAYS .—To \nreduce project costs, promote jobs and the econ-omy, and expedite the movement of people and goods by accelerating project completion through eliminating delays in the project devel-opment and delivery process, including reducing regulatory burdens and improving agencies’ work practices. \n‘‘(c) E\nSTABLISHMENT OF PERFORMANCE MEAS-\nURES.— \n‘‘(1) I N GENERAL .—Not later than 18 months \nafter the date of enactment of the MAP–21, the Secretary, in consultation with State depart-ments of transportation, metropolitan planning organizations, and other stakeholders, shall promulgate a rulemaking that establishes per-formance measures and standards. \n‘‘(2) A\nDMINISTRATION .—In carrying out para-\ngraph (1), the Secretary shall— \n‘‘(A) provide States, metropolitan planning or-\nganizations, and other stakeholders not less than 90 days to comment on any regulation pro-posed by the Secretary under that paragraph; \n‘‘(B) take into consideration any comments re-\nlating to a proposed regulation received during that comment period; and \n‘‘(C) limit performance measures only to those \ndescribed in this subsection. \n‘‘(3) N\nATIONAL HIGHWAY PERFORMANCE PRO -\nGRAM .— \n‘‘(A) I N GENERAL .—Subject to subparagraph \n(B), for the purpose of carrying out section 119, the Secretary shall establish — \n‘‘(i) minimum standards for States to use in \ndeveloping and operating bridge and pavement management systems; \n‘‘(ii) measures for States to use to assess— ‘‘(I) the condition of pavements on the Inter-\nstate system; \n‘‘(II) the condition of pavements on the Na-\ntional Highway System (excluding the Inter-state); \n‘‘(III) the condition of bridges on the National \nHighway System; \n‘‘(IV) the performance of the Interstate Sys-\ntem; and \n‘‘(V) the performance of the National High-\nway System (excluding the Interstate System); \n‘‘(iii) minimum levels for the condition of \npavement on the Interstate System, only for the purposes of carrying out section 119(f)(1); and \n‘‘(iv) the data elements that are necessary to \ncollect and maintain standardized data to carry out a performance-based approach. \n‘‘(B) R\nEGIONS .—In establishing minimum con-\ndition levels under subparagraph (A)(iii), if the \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00305 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4464 June 28, 2012 \nSecretary determines that various geographic re-\ngions of the United States experience disparate factors contributing to the condition of pave-ment on the Interstate System in those regions, the Secretary may establish different minimum levels for each region; \n‘‘(4) H\nIGHWAY SAFETY IMPROVEMENT PRO -\nGRAM .—For the purpose of carrying out section \n148, the Secretary shall establish measures for States to use to assess— \n‘‘(A) serious injuries and fatalities per vehicle \nmile traveled; and \n‘‘(B) the number of serious injuries and fatali-\nties. \n‘‘(5) C\nONGESTION MITIGATION AND AIR QUALITY \nPROGRAM .—For the purpose of carrying out sec-\ntion 149, the Secretary shall establish measures for States to use to assess— \n‘‘(A) traffic congestion; and ‘‘(B) on-road mobile source emissions. ‘‘(6) N\nATIONAL FREIGHT MOVEMENT .—The Sec-\nretary shall establish measures for States to use to assess freight movement on the Interstate Sys-tem. \n‘‘(d) E\nSTABLISHMENT OF PERFORMANCE TAR-\nGETS.— \n‘‘(1) I N GENERAL .—Not later than 1 year after \nthe Secretary has promulgated the final rule-making under subsection (c), each State shall set performance targets that reflect the measures identified in paragraphs (3), (4), (5), and (6) of subsection (c). \n‘‘(2) D\nIFFERENT APPROACHES FOR URBAN AND \nRURAL AREAS .—In the development and imple-\nmentation of any performance target, a State may, as appropriate, provide for different per-formance targets for urbanized and rural areas. \n‘‘(e) R\nEPORTING ON PERFORMANCE TARGETS .— \nNot later than 4 years after the date of enact-ment of the MAP–21 and biennially thereafter, a State shall submit to the Secretary a report that describes— \n‘‘(1) the condition and performance of the Na-\ntional Highway System in the State; \n‘‘(2) the effectiveness of the investment strat-\negy document in the State asset management plan for the National Highway System; \n‘‘(3) progress in achieving performance targets \nidentified under subsection (d); and \n‘‘(4) the ways in which the State is addressing \ncongestion at freight bottlenecks, including those identified in the National Freight Stra-tegic Plan, within the State.’’. \n(b) C\nONFORMING AMENDMENT .—The analysis \nfor chapter 1 of title 23, United States Code, is amended by striking the item relating to section 150 and inserting the following: \n‘‘150. National goals and performance manage-\nment measures.’’. \nSubtitle C—Acceleration of Project Delivery \nSEC. 1301. DECLARATION OF POLICY AND \nPROJECT DELIVERY INITIATIVE. \n(a) I NGENERAL .—It is the policy of the United \nStates that— \n(1) it is in the national interest for the Depart-\nment, State departments of transportation, tran-sit agencies, and all other recipients of Federal transportation funds— \n(A) to accelerate project delivery and reduce \ncosts; and \n(B) to ensure that the planning, design, engi-\nneering, construction, and financing of trans-portation projects is done in an efficient and ef-fective manner, promoting accountability for public investments and encouraging greater pri-vate sector involvement in project financing and delivery while enhancing safety and protecting the environment; \n(2) delay in the delivery of transportation \nprojects increases project costs, harms the econ-omy of the United States, and impedes the travel of the people of the United States and the ship-ment of goods for the conduct of commerce; and \n(3) the Secretary shall identify and promote \nthe deployment of innovation aimed at reducing the time and money required to deliver transpor-tation projects while enhancing safety and pro-tecting the environment. (b) P\nROJECT DELIVERY INITIATIVE .— \n(1) I N GENERAL .—To advance the policy de-\nscribed in subsection (a), the Secretary shall carry out a project delivery initiative under this section. \n(2) P\nURPOSES .—The purposes of the project \ndelivery initiative shall be— \n(A) to develop and advance the use of best \npractices to accelerate project delivery and re-duce costs across all modes of transportation and expedite the deployment of technology and innovation; \n(B) to implement provisions of law designed to \naccelerate project delivery; and \n(C) to select eligible projects for applying ex-\nperimental features to test innovative project de-livery techniques. \n(3) A\nDVANCING THE USE OF BEST PRACTICES .— \n(A) I N GENERAL .—In carrying out the initia-\ntive under this section, the Secretary shall iden-tify and advance best practices to reduce deliv-ery time and project costs, from planning through construction, for transportation projects and programs of projects regardless of mode and project size. \n(B) A\nDMINISTRATION .—To advance the use of \nbest practices, the Secretary shall— \n(i) engage interested parties, affected commu-\nnities, resource agencies, and other stakeholders to gather information regarding opportunities for accelerating project delivery and reducing costs; \n(ii) establish a clearinghouse for the collec-\ntion, documentation, and advancement of exist-ing and new innovative approaches and best practices; \n(iii) disseminate information through a variety \nof means to transportation stakeholders on new innovative approaches and best practices; and \n(iv) provide technical assistance to assist \ntransportation stakeholders in the use of flexi-bility authority to resolve project delays and ac-celerate project delivery if feasible. \n(4) I\nMPLEMENTATION OF ACCELERATED PROJECT \nDELIVERY .—The Secretary shall ensure that the \nprovisions of this subtitle designed to accelerate project delivery are fully implemented, includ-ing— \n(A) expanding eligibility of early acquisition \nof property prior to completion of environmental review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); \n(B) allowing the use of the construction man-\nager or general contractor method of contracting in the Federal-aid highway system; and \n(C) establishing a demonstration program to \nstreamline the relocation process by permitting a lump-sum payment for acquisition and reloca-tion if elected by the displaced occupant. \n(c) E\nXPEDITED PROJECT DELIVERY .—Section \n101(b) of title 23, United States Code, is amended by adding at the end the following: \n‘‘(4) E\nXPEDITED PROJECT DELIVERY .— \n‘‘(A) I N GENERAL .—Congress declares that it is \nin the national interest to expedite the delivery of surface transportation projects by substan-tially reducing the average length of the envi-ronmental review process. \n‘‘(B) P\nOLICY OF THE UNITED STATES .—Accord-\ningly, it is the policy of the United States that— \n‘‘(i) the Secretary shall have the lead role \namong Federal agencies in carrying out the en-vironmental review process for surface transpor-tation projects; \n‘‘(ii) each Federal agency shall cooperate with \nthe Secretary to expedite the environmental re-view process for surface transportation projects; \n‘‘(iii) project sponsors shall not be prohibited \nfrom carrying out preconstruction project devel-opment activities concurrently with the environ-mental review process; \n‘‘(iv) programmatic approaches shall be used \nto reduce the need for project-by-project reviews and decisions by Federal agencies; and \n‘‘(v) the Secretary shall identify opportunities \nfor project sponsors to assume responsibilities of the Secretary where such responsibilities can be assumed in a manner that protects public health, the environment, and public participa-\ntion.’’. \nSEC. 1302. ADVANCE ACQUISITION OF REAL PROP-\nERTY INTERESTS. \n(a) R EALPROPERTY INTERESTS .—Section 108 \nof title 23, United States Code, is amended— \n(1) by striking ‘‘real property’’ each place it \nappears and inserting ‘‘real property interests’’; \n(2) by striking ‘‘right-of-way’’ each place it \nappears and inserting ‘‘real property interest’’; and \n(3) by striking ‘‘rights-of-way’’ each place it \nappears and inserting ‘‘real property interests’’. \n(b) S\nTATE-FUNDED EARLY ACQUISITION OF \nREALPROPERTY INTERESTS .—Section 108(c) of \ntitle 23, United States Code, is amended— \n(1) in the subsection heading, by striking \n‘‘EARLY ACQUISITION OF RIGHTS -OF-WAY’’ and \ninserting ‘‘S TATE-FUNDED EARLY ACQUISITION \nOFREALPROPERTY INTERESTS ’’; \n(2) by redesignating paragraphs (1) and (2) as \nparagraphs (2) and (3), respectively; \n(3) in paragraph (2) (as so redesignated)— (A) in the heading, by striking ‘‘G\nENERAL \nRULE’’ and inserting ‘‘E LIGIBILITY FOR REIM -\nBURSEMENT ’’; and \n(B) by striking ‘‘Subject to paragraph (2)’’ \nand inserting ‘‘Subject to paragraph (3)’’; \n(4) by inserting before paragraph (2) (as so re-\ndesignated) the following: \n‘‘(1) I N GENERAL .—A State may carry out, at \nthe expense of the State, acquisitions of interests in real property for a project before completion of the review process required for the project under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) without affecting subsequent approvals required for the project by the State or any Federal agency.’’; and \n(5) in paragraph (3) (as so redesignated)— (A) in the matter preceding subparagraph (A), \nby striking ‘‘in paragraph (1)’’ and inserting ‘‘in paragraph (2)’’; and \n(B) in subparagraph (G), by striking ‘‘both \nthe Secretary and the Administrator of the En-vironmental Protection Agency have concurred’’ and inserting ‘‘the Secretary has determined’’. \n(c) F\nEDERALLY FUNDED ACQUISITION OF REAL \nPROPERTY INTERESTS .—Section 108 of title 23, \nUnited States Code, is amended by adding at the end the following: \n‘‘(d) F\nEDERALLY FUNDED EARLY ACQUISITION \nOFREALPROPERTY INTERESTS .— \n‘‘(1) D EFINITION OF ACQUISITION OF A REAL \nPROPERTY INTEREST .—In this subsection, the \nterm ‘acquisition of a real property interest’ in-cludes the acquisition of— \n‘‘(A) any interest in land; ‘‘(B) a contractual right to acquire any inter-\nest in land; or \n‘‘(C) any other similar action to acquire or \npreserve rights-of-way for a transportation fa-cility. \n‘‘(2) A\nUTHORIZATION .—The Secretary may au-\nthorize the use of funds apportioned to a State under this title for the acquisition of a real property interest by a State. \n‘‘(3) S\nTATE CERTIFICATION .—A State request-\ning Federal funding for an acquisition of a real property interest shall certify in writing, with concurrence by the Secretary, that— \n‘‘(A) the State has authority to acquire the \nreal property interest under State law; and \n‘‘(B) the acquisition of the real property inter-\nest— \n‘‘(i) is for a transportation purpose; ‘‘(ii) will not cause any significant adverse en-\nvironmental impact; \n‘‘(iii) will not limit the choice of reasonable al-\nternatives for the project or otherwise influence the decision of the Secretary on any approval required for the project; \n‘‘(iv) does not prevent the lead agency from \nmaking an impartial decision as to whether to accept an alternative that is being considered in the environmental review process; \n‘‘(v) is consistent with the State transpor-\ntation planning process under section 135; \n‘‘(vi) complies with other applicable Federal \nlaws (including regulations); \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00306 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4465 June 28, 2012 \n‘‘(vii) will be acquired through negotiation, \nwithout the threat of condemnation; and \n‘‘(viii) will not result in a reduction or elimi-\nnation of benefits or assistance to a displaced person required by the Uniform Relocation As-sistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.) and title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.). \n‘‘(4) E\nNVIRONMENTAL COMPLIANCE .— \n‘‘(A) I N GENERAL .—Before authorizing Federal \nfunding for an acquisition of a real property in-terest, the Secretary shall complete the review process under the National Environmental Pol-icy Act of 1969 (42 U.S.C. 4321 et seq.) with re-spect to the acquisition of the real property in-terest. \n‘‘(B) I\nNDEPENDENT UTILITY .—The acquisition \nof a real property interest— \n‘‘(i) shall be treated as having independent \nutility for purposes of the review process under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and \n‘‘(ii) shall not limit consideration of alter-\nnatives for future transportation improvements with respect to the real property interest. \n‘‘(5) P\nROGRAMMING .— \n‘‘(A) I N GENERAL .—The acquisition of a real \nproperty interest for which Federal funding is requested shall be included as a project in an applicable transportation improvement program under sections 134 and 135 and sections 5303 and 5304 of title 49. \n‘‘(B) A\nCQUISITION PROJECT .—The acquisition \nproject may consist of the acquisition of a spe-cific parcel, a portion of a transportation cor-ridor, or an entire transportation corridor. \n‘‘(6) D\nEVELOPMENT .—Real property interests \nacquired under this subsection may not be de-veloped in anticipation of a project until all re-quired environmental reviews for the project have been completed. \n‘‘(7) R\nEIMBURSEMENT .—If Federal-aid reim-\nbursement is made for real property interests ac-quired early under this section and the real property interests are not subsequently incor-porated into a project eligible for surface trans-portation funds within the time allowed by sub-section (a)(2), the Secretary shall offset the amount reimbursed against funds apportioned to the State. \n‘‘(8) O\nTHER REQUIREMENTS AND CONDITIONS .— \n‘‘(A) A PPLICABLE LAW .—The acquisition of a \nreal property interest shall be carried out in compliance with all requirements applicable to the acquisition of real property interests for fed-erally funded transportation projects. \n‘‘(B) A\nDDITIONAL CONDITIONS .—The Secretary \nmay establish such other conditions or restric-tions on acquisitions under this subsection as the Secretary determines to be appropriate.’’. \nSEC. 1303. LETTING OF CONTRACTS. \n(a) E FFICIENCIES IN CONTRACTING .—Section \n112(b) of title 23, United States Code, is amended by adding at the end the following: \n‘‘(4) M\nETHOD OF CONTRACTING .— \n‘‘(A) I N GENERAL .— \n‘‘(i) 2- PHASE CONTRACT .—A contracting agen-\ncy may award a 2-phase contract to a construc-tion manager or general contractor for preconstruction and construction services. \n‘‘(ii) P\nRECONSTRUCTION SERVICES PHASE .—In \nthe preconstruction services phase of a contract under this paragraph, the contractor shall pro-vide the contracting agency with advice for scheduling, work sequencing, cost engineering, constructability, cost estimating, and risk iden-tification. \n‘‘(iii) A\nGREEMENT .—Prior to the start of the \nconstruction services phase, the contracting agency and the contractor may agree to a price and other factors specified in regulation for the construction of the project or a portion of the project. \n‘‘(iv) C\nONSTRUCTION PHASE .—If an agreement \nis reached under clause (iii), the contractor shall be responsible for the construction of the project or portion of the project at the nego-\ntiated price and in compliance with the other factors specified in the agreement. \n‘‘(B) S\nELECTION .—A contract shall be awarded \nto a contractor under this paragraph using a competitive selection process based on qualifica-tions, experience, best value, or any other com-bination of factors considered appropriate by the contracting agency. \n‘‘(C) T\nIMING .— \n‘‘(i) R ELATIONSHIP TO NEPA PROCESS .—Prior to \nthe completion of the environmental review process required under section 102 of the Na-tional Environmental Policy Act of 1969 (42 U.S.C. 4332), a contracting agency may— \n‘‘(I) issue requests for proposals; ‘‘(II) proceed with the award of a contract for \npreconstruction services under subparagraph (A)(ii); and \n‘‘(III) issue notices to proceed with a prelimi-\nnary design and any work related to prelimi-nary design, to the extent that those actions do not limit any reasonable range of alternatives. \n‘‘(ii) C\nONSTRUCTION SERVICES PHASE .—A con-\ntracting agency shall not proceed with the award of the construction services phase of a contract under subparagraph (A)(iv) and shall not proceed, or permit any consultant or con-tractor to proceed, with final design or construc-tion until completion of the environmental re-view process required under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332). \n‘‘(iii) A\nPPROVAL REQUIREMENT .—Prior to au-\nthorizing construction activities, the Secretary shall approve— \n‘‘(I) the price estimate of the contracting \nagency for the entire project; and \n‘‘(II) any price agreement with the general \ncontractor for the project or a portion of the project. \n‘‘(iv) D\nESIGN ACTIVITIES .— \n‘‘(I) I N GENERAL .—A contracting agency may \nproceed, at the expense of the contracting agen-cy, with design activities at any level of detail for a project before completion of the review process required for the project under the Na-tional Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) without affecting subsequent approvals required for the project. \n‘‘(II) R\nEIMBURSEMENT .—Design activities car-\nried out under subclause (I) shall be eligible for Federal reimbursement as a project expense in accordance with the requirements under section 109(r). \n‘‘(v) T\nERMINATION PROVISION .—The Secretary \nshall require a contract to include an appro-priate termination provision in the event that a no-build alternative is selected.’’. \n(b) R\nEGULATIONS .—The Secretary shall pro-\nmulgate such regulations as are necessary to carry out the amendment made by subsection (a). \n(c) E\nFFECT ON EXPERIMENTAL PROGRAM .— \nNothing in this section or the amendment made by this section affects the authority to carry out, or any project carried out under, any ex-perimental program concerning construction manager risk that is being carried out by the Secretary as of the date of enactment of this Act. \nSEC. 1304. INNOVATIVE PROJECT DELIVERY \nMETHODS. \n(a) D ECLARATION OF POLICY .— \n(1) I N GENERAL .—Congress declares that it is \nin the national interest to promote the use of in-novative technologies and practices that in-crease the efficiency of construction of, improve the safety of, and extend the service life of high-ways and bridges. \n(2) I\nNCLUSIONS .—The innovative technologies \nand practices described in paragraph (1) include state-of-the-art intelligent transportation system technologies, elevated performance standards, and new highway construction business prac-tices that improve highway safety and quality, accelerate project delivery, and reduce conges-tion related to highway construction. (b) F\nEDERAL SHARE .—Section 120(c) of title 23, \nUnited States Code, is amended by adding at the end the following: \n‘‘(3) I\nNNOVATIVE PROJECT DELIVERY .— \n‘‘(A) I N GENERAL .—Except as provided in sub-\nparagraph (C), the Federal share payable on ac-count of a project, program, or activity carried out with funds apportioned under paragraph (1), (2), or (5) of section 104(b) may, at the dis-cretion of the State, be up to 100 percent for any such project, program, or activity that the Sec-retary determines— \n‘‘(i) contains innovative project delivery meth-\nods that improve work zone safety for motorists or workers and the quality of the facility; \n‘‘(ii) contains innovative technologies, manu-\nfacturing processes, financing, or contracting methods that improve the quality of, extend the service life of, or decrease the long-term costs of maintaining highways and bridges; \n‘‘(iii) accelerates project delivery while com-\nplying with other applicable Federal laws (in-cluding regulations) and not causing any sig-nificant adverse environmental impact; or \n‘‘(iv) reduces congestion related to highway \nconstruction. \n‘‘(B) E\nXAMPLES .—Projects, programs, and ac-\ntivities described in subparagraph (A) may in-clude the use of— \n‘‘(i) prefabricated bridge elements and systems \nand other technologies to reduce bridge con-struction time; \n‘‘(ii) innovative construction equipment, mate-\nrials, or techniques, including the use of in- place recycling technology and digital 3-dimen-sional modeling technologies; \n‘‘(iii) innovative contracting methods, includ-\ning the design-build and the construction man-ager-general contractor contracting methods; \n‘‘(iv) intelligent compaction equipment; or ‘‘(v) contractual provisions that offer a con-\ntractor an incentive payment for early comple-tion of the project, program, or activity, subject to the condition that the incentives are ac-counted for in the financial plan of the project, when applicable. \n‘‘(C) L\nIMITATIONS .— \n‘‘(i) I N GENERAL .—In each fiscal year, a State \nmay use the authority under subparagraph (A) for up to 10 percent of the combined apportion-ments of the State under paragraphs (1), (2), and (5) of section 104(b). \n‘‘(ii) F\nEDERAL SHARE INCREASE .—The Federal \nshare payable on account of a project, program, or activity described in subparagraph (A) may be increased by up to 5 percent of the total project cost.’’. \nSEC. 1305. EFFICIENT ENVIRONMENTAL REVIEWS \nFOR PROJECT DECISIONMAKING. \n(a) F LEXIBILITY .—Section 139(b) of title 23, \nUnited States Code, is amended— \n(1) in paragraph (2) by inserting ‘‘, and any \nrequirements established under this section may be satisfied,’’ after ‘‘exercised’’; and \n(2) by adding at the end the following: ‘‘(3) P\nROGRAMMATIC COMPLIANCE .— \n‘‘(A) I N GENERAL .—The Secretary shall ini-\ntiate a rulemaking to allow for the use of pro-grammatic approaches to conduct environmental reviews that— \n‘‘(i) eliminate repetitive discussions of the \nsame issues; \n‘‘(ii) focus on the actual issues ripe for anal-\nyses at each level of review; and \n‘‘(iii) are consistent with— ‘‘(I) the National Environmental Policy Act of \n1969 (42 U.S.C. 4321 et seq.); and \n‘‘(II) other applicable laws. ‘‘(B) R\nEQUIREMENTS .—In carrying out sub-\nparagraph (A), the Secretary shall— \n‘‘(i) before initiating the rulemaking under \nthat subparagraph, consult with relevant Fed-eral agencies and State resource agencies, State departments of transportation, Indian tribes, and the public on the appropriate use and scope of the programmatic approaches; \n‘‘(ii) emphasize the importance of collabora-\ntion among relevant Federal agencies, State \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00307 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4466 June 28, 2012 \nagencies, and Indian tribes in undertaking pro-\ngrammatic reviews, especially with respect to in-cluding reviews with a broad geographic scope; \n‘‘(iii) ensure that the programmatic reviews— ‘‘(I) promote transparency, including of the \nanalyses and data used in the environmental re-views, the treatment of any deferred issues raised by agencies or the public, and the tem-poral and special scales to be used to analyze such issues; \n‘‘(II) use accurate and timely information in \nreviews, including— \n‘‘(aa) criteria for determining the general du-\nration of the usefulness of the review; and \n‘‘(bb) the timeline for updating any out-of- \ndate review; \n‘‘(III) describe— ‘‘(aa) the relationship between programmatic \nanalysis and future tiered analysis; and \n‘‘(bb) the role of the public in the creation of \nfuture tiered analysis; and \n‘‘(IV) are available to other relevant Federal \nand State agencies, Indian tribes, and the pub-lic; \n‘‘(iv) allow not fewer than 60 days of public \nnotice and comment on any proposed rule; and \n‘‘(v) address any comments received under \nclause (iv).’’. \n(b) F\nEDERAL LEADAGENCY .—Section 139(c) of \ntitle 23, United States Code, is amended— \n(1) in paragraph (1)— (A) by striking ‘‘The Department of Transpor-\ntation’’ and inserting the following: \n‘‘(A) I\nN GENERAL .—The Department of Trans-\nportation’’; and \n(B) by adding at the end the following: ‘‘(B) M\nODAL ADMINISTRATION .—If the project \nrequires approval from more than 1 modal ad-ministration within the Department, the Sec-retary may designate a single modal administra-tion to serve as the Federal lead agency for the Department in the environmental review process for the project.’’. \n(c) P\nARTICIPATING AGENCIES .—Section 139(d) \nof title 23, United States Code, is amended— \n(1) by striking paragraph (4) and inserting the \nfollowing: \n‘‘(4) E FFECT OF DESIGNATION .— \n‘‘(A) R EQUIREMENT .—A participating agency \nshall comply with the requirements of this sec-tion. \n‘‘(B) I\nMPLICATION .—Designation as a partici-\npating agency under this subsection shall not imply that the participating agency— \n‘‘(i) supports a proposed project; or ‘‘(ii) has any jurisdiction over, or special ex-\npertise with respect to evaluation of, the project.’’; and \n(2) by striking paragraph (7) and inserting the \nfollowing: \n‘‘(7) C\nONCURRENT REVIEWS .—Each partici-\npating agency and cooperating agency shall— \n‘‘(A) carry out the obligations of that agency \nunder other applicable law concurrently, and in conjunction, with the review required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), unless doing so would im-pair the ability of the Federal agency to conduct needed analysis or otherwise carry out those ob-ligations; and \n‘‘(B) formulate and implement administrative, \npolicy, and procedural mechanisms to enable the agency to ensure completion of the environ-mental review process in a timely, coordinated, and environmentally responsible manner.’’. \n(d) P\nROJECT INITIATION .—Section 139(e) of \ntitle 23, United States Code, is amended— \n(1) by striking ‘‘The project sponsor’’ and in-\nserting the following: \n‘‘(1) I N GENERAL .—The project sponsor’’; and \n(2) by adding at the end the following: ‘‘(2) S\nUBMISSION OF DOCUMENTS .—The project \nsponsor may satisfy the requirement under paragraph (1) by submitting to the Secretary any relevant documents containing the informa-tion described in that paragraph, including a draft notice for publication in the Federal Reg-ister announcing the preparation of an environ-mental review for the project.’’. (e) C\nOORDINATION AND SCHEDULING .—Section \n139(g)(1)(B)(i) of title 23, United States Code, is amended by inserting ‘‘and the concurrence of’’ after ‘‘consultation with’’. \nSEC. 1306. ACCELERATED DECISIONMAKING. \nSection 139(h) of title 23, United States Code, \nis amended by striking paragraph (4) and insert-ing the following: \n‘‘(4) I\nNTERIM DECISION ON ACHIEVING ACCELER -\nATED DECISIONMAKING .— \n‘‘(A) I N GENERAL .—Not later than 30 days \nafter the close of the public comment period on a draft environmental impact statement, the Secretary may convene a meeting with the project sponsor, lead agency, resource agencies, and any relevant State agencies to ensure that all parties are on schedule to meet deadlines for decisions to be made regarding the project. \n‘‘(B) D\nEADLINES .—The deadlines referred to in \nsubparagraph (A) shall be those established under subsection (g), or any other deadlines es-tablished by the lead agency, in consultation with the project sponsor and other relevant agencies. \n‘‘(C) F\nAILURE TO ASSURE .—If the relevant \nagencies cannot provide reasonable assurances that the deadlines described in subparagraph (B) will be met, the Secretary may initiate the issue resolution and referral process described under paragraph (5) and before the completion of the record of decision. \n‘‘(5) A\nCCELERATED ISSUE RESOLUTION AND RE -\nFERRAL .— \n‘‘(A) A GENCY ISSUE RESOLUTION MEETING .— \n‘‘(i) I N GENERAL .—A Federal agency of juris-\ndiction, project sponsor, or the Governor of a State in which a project is located may request an issue resolution meeting to be conducted by the lead agency. \n‘‘(ii) A\nCTION BY LEAD AGENCY .—The lead \nagency shall convene an issue resolution meet-ing under clause (i) with the relevant partici-pating agencies and the project sponsor, includ-ing the Governor only if the meeting was re-quested by the Governor, to resolve issues that could— \n‘‘(I) delay completion of the environmental re-\nview process; or \n‘‘(II) result in denial of any approvals re-\nquired for the project under applicable laws. \n‘‘(iii) D\nATE.—A meeting requested under this \nsubparagraph shall be held by not later than 21 days after the date of receipt of the request for the meeting, unless the lead agency determines that there is good cause to extend the time for the meeting. \n‘‘(iv) N\nOTIFICATION .—On receipt of a request \nfor a meeting under this subparagraph, the lead agency shall notify all relevant participating agencies of the request, including the issue to be resolved, and the date for the meeting. \n‘‘(v) D\nISPUTES .—If a relevant participating \nagency with jurisdiction over an approval re-quired for a project under applicable law deter-mines that the relevant information necessary to resolve the issue has not been obtained and could not have been obtained within a reason-able time, but the lead agency disagrees, the res-olution of the dispute shall be forwarded to the heads of the relevant agencies for resolution. \n‘‘(vi) C\nONVENTION BY LEAD AGENCY .—A lead \nagency may convene an issue resolution meeting under this subsection at any time without the request of the Federal agency of jurisdiction, project sponsor, or the Governor of a State. \n‘‘(B) E\nLEVATION OF ISSUE RESOLUTION .— \n‘‘(i) I N GENERAL .—If issue resolution is not \nachieved by not later than 30 days after the date of a relevant meeting under subparagraph (A), the Secretary shall notify the lead agency, the heads of the relevant participating agencies, and the project sponsor (including the Governor only if the initial issue resolution meeting re-quest came from the Governor) that an issue res-olution meeting will be convened. \n‘‘(ii) R\nEQUIREMENTS .—The Secretary shall \nidentify the issues to be addressed at the meet-ing and convene the meeting not later than 30 \ndays after the date of issuance of the notice. \n‘‘(C) R EFERRAL OF ISSUE RESOLUTION .— \n‘‘(i) R EFERRAL TO COUNCIL ON ENVIRONMENTAL \nQUALITY .— \n‘‘(I) I N GENERAL .—If resolution is not achieved \nby not later than 30 days after the date of an issue resolution meeting under subparagraph (B), the Secretary shall refer the matter to the Council on Environmental Quality. \n‘‘(II) M\nEETING .—Not later than 30 days after \nthe date of receipt of a referral from the Sec-retary under subclause (I), the Council on Envi-ronmental Quality shall hold an issue resolution meeting with the lead agency, the heads of rel-evant participating agencies, and the project sponsor (including the Governor only if an ini-tial request for an issue resolution meeting came from the Governor). \n‘‘(ii) R\nEFERRAL TO THE PRESIDENT .—If a reso-\nlution is not achieved by not later than 30 days after the date of the meeting convened by the Council on Environmental Quality under clause (i)(II), the Secretary shall refer the matter di-rectly to the President. \n‘‘(6) F\nINANCIAL PENALTY PROVISIONS .— \n‘‘(A) I N GENERAL .—A Federal agency of juris-\ndiction over an approval required for a project under applicable laws shall complete any re-quired approval on an expeditious basis using the shortest existing applicable process. \n‘‘(B) F\nAILURE TO DECIDE .— \n‘‘(i) I N GENERAL .—If an agency described in \nsubparagraph (A) fails to render a decision under any Federal law relating to a project that requires the preparation of an environmental impact statement or environmental assessment, including the issuance or denial of a permit, li-cense, or other approval by the date described in clause (ii), an amount of funding equal to the amounts specified in subclause (I) or (II) shall be rescinded from the applicable office of the head of the agency, or equivalent office to which the authority for rendering the decision has been delegated by law by not later than 1 day after the applicable date under clause (ii), and once each week thereafter until a final de-cision is rendered, subject to subparagraph (C)— \n‘‘(I) $20,000 for any project for which an an-\nnual financial plan under section 106(i) is re-quired; or \n‘‘(II) $10,000 for any other project requiring \npreparation of an environmental assessment or environmental impact statement. \n‘‘(ii) D\nESCRIPTION OF DATE .—The date referred \nto in clause (i) is the later of— \n‘‘(I) the date that is 180 days after the date on \nwhich an application for the permit, license, or approval is complete; and \n‘‘(II) the date that is 180 days after the date \non which the Federal lead agency issues a deci-sion on the project under the National Environ-mental Policy Act of 1969 (42 U.S.C. 4321 et seq.). \n‘‘(C) L\nIMITATIONS .— \n‘‘(i) I N GENERAL .—No rescission of funds \nunder subparagraph (B) relating to an indi-vidual project shall exceed, in any fiscal year, an amount equal to 2.5 percent of the funds made available for the applicable agency office. \n‘‘(ii) F\nAILURE TO DECIDE .—The total amount \nrescinded in a fiscal year as a result of a failure by an agency to make a decision by an applica-ble deadline shall not exceed an amount equal to 7 percent of the funds made available for the applicable agency office for that fiscal year. \n‘‘(D) N\nO FAULT OF AGENCY .—A rescission of \nfunds under this paragraph shall not be made if the lead agency for the project certifies that— \n‘‘(i) the agency has not received necessary in-\nformation or approvals from another entity, such as the project sponsor, in a manner that affects the ability of the agency to meet any re-quirements under State, local, or Federal law; or \n‘‘(ii) significant new information or cir-\ncumstances, including a major modification to an aspect of the project, requires additional analysis for the agency to make a decision on the project application. \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00308 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4467 June 28, 2012 \n‘‘(E) L IMITATION .—The Federal agency with \njurisdiction for the decision from which funds are rescinded pursuant to this paragraph shall not reprogram funds to the office of the head of the agency, or equivalent office, to reimburse that office for the loss of the funds. \n‘‘(F) A\nUDITS .—In any fiscal year in which \nany funds are rescinded from a Federal agency pursuant to this paragraph, the Inspector Gen-eral of that agency shall— \n‘‘(i) conduct an audit to assess compliance \nwith the requirements of this paragraph; and \n‘‘(ii) not later than 120 days after the end of \nthe fiscal year during which the rescission oc-curred, submit to the Committee on Environment and Public Works of the Senate and the Com-mittee on Transportation and Infrastructure of the House of Representatives a report describing the reasons why the transfers were levied, in-cluding allocations of resources. \n‘‘(G) E\nFFECT OF PARAGRAPH .—Nothing in this \nparagraph affects or limits the application of, or obligation to comply with, any Federal, State, local, or tribal law. \n‘‘(7) E\nXPEDIENT DECISIONS AND REVIEWS .—To \nensure that Federal environmental decisions and reviews are expeditiously made— \n‘‘(A) adequate resources made available under \nthis title shall be devoted to ensuring that appli-cable environmental reviews under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) are completed on an expeditious basis and that the shortest existing applicable process under that Act is implemented; and \n‘‘(B) the President shall submit to the Com-\nmittee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Sen-ate, not less frequently than once every 120 days after the date of enactment of the MAP–21, a re-port on the status and progress of the following projects and activities funded under this title with respect to compliance with applicable re-quirements under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.): \n‘‘(i) Projects and activities required to prepare \nan annual financial plan under section 106(i). \n‘‘(ii) A sample of not less than 5 percent of the \nprojects requiring preparation of an environ-mental impact statement or environmental as-sessment in each State.’’. \nSEC. 1307. ASSISTANCE TO AFFECTED FEDERAL \nAND STATE AGENCIES. \nSection 139(j) of title 23, United States Code, is \namended by adding at the end the following: \n‘‘(6) M EMORANDUM OF UNDERSTANDING .—Prior \nto providing funds approved by the Secretary for dedicated staffing at an affected Federal agency under paragraphs (1) and (2), the af-fected Federal agency and the State agency shall enter into a memorandum of under-standing that establishes the projects and prior-ities to be addressed by the use of the funds.’’. \nSEC. 1308. LIMITATIONS ON CLAIMS. \nSection 139(l) of title 23, United States Code, is \namended— \n(1) in paragraph (1) by striking ‘‘180 days’’ \nand inserting ‘‘150 days’’; and \n(2) in paragraph (2) by striking ‘‘180 days’’ \nand inserting ‘‘150 days’’. \nSEC. 1309. ACCELERATING COMPLETION OF COM-\nPLEX PROJECTS WITHIN 4 YEARS. \nSection 139 of title 23, United States Code, is \namended by adding at the end the following: \n‘‘(m) E NHANCED TECHNICAL ASSISTANCE AND \nACCELERATED PROJECT COMPLETION .— \n‘‘(1) D EFINITION OF COVERED PROJECT .—In \nthis subsection, the term ‘covered project’ means a project— \n‘‘(A) that has an ongoing environmental im-\npact statement under the National Environ-mental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and \n‘‘(B) for which at least 2 years, beginning on \nthe date on which a notice of intent is issued, have elapsed without the issuance of a record of decision. ‘‘(2) T\nECHNICAL ASSISTANCE .—At the request of \na project sponsor or the Governor of a State in which a project is located, the Secretary shall provide additional technical assistance to re-solve for a covered project any outstanding issues and project delay, including by— \n‘‘(A) providing additional staff, training, and \nexpertise; \n‘‘(B) facilitating interagency coordination; ‘‘(C) promoting more efficient collaboration; \nand \n‘‘(D) supplying specialized onsite assistance. ‘‘(3) S\nCOPE OF WORK .— \n‘‘(A) I N GENERAL .—In providing technical as-\nsistance for a covered project under this sub-section, the Secretary shall establish a scope of work that describes the actions that the Sec-retary will take to resolve the outstanding issues and project delays, including establishing a schedule under subparagraph (B). \n‘‘(B) S\nCHEDULE .— \n‘‘(i) I N GENERAL .—The Secretary shall estab-\nlish and meet a schedule for the completion of any permit, approval, review, or study, required for the covered project by the date that is not later than 4 years after the date on which a no-tice of intent for the covered project is issued. \n‘‘(ii) I\nNCLUSIONS .—The schedule under clause \n(i) shall— \n‘‘(I) comply with all applicable laws; ‘‘(II) require the concurrence of the Council \non Environmental Quality and each partici-pating agency for the project with the State in which the project is located or the project spon-sor, as applicable; and \n‘‘(III) reflect any new information that be-\ncomes available and any changes in cir-cumstances that may result in new significant impacts that could affect the timeline for com-pletion of any permit, approval, review, or study required for the covered project. \n‘‘(4) C\nONSULTATION .—In providing technical \nassistance for a covered project under this sub-section, the Secretary shall consult, if appro-priate, with resource and participating agencies on all methods available to resolve the out-standing issues and project delays for a covered project as expeditiously as possible. \n‘‘(5) E\nNFORCEMENT .— \n‘‘(A) I N GENERAL .—All provisions of this sec-\ntion shall apply to this subsection, including the financial penalty provisions under subsection (h)(6). \n‘‘(B) R\nESTRICTION .—If the Secretary enforces \nthis subsection under subsection (h)(6), the Sec-retary may use a date included in a schedule under paragraph (3)(B) that is created pursuant to and is in compliance with this subsection in lieu of the dates under subsection (h)(6)(B)(ii).’’. \nSEC. 1310. INTEGRATION OF PLANNING AND EN-\nVIRONMENTAL REVIEW. \n(a) I NGENERAL .—Chapter 1 of title 23, United \nStates Code (as amended by section 1115(a)), is amended by adding at the end the following: \n‘‘§ 168. Integration of planning and environ-\nmental review \n‘‘(a) D\nEFINITIONS .—In this section, the fol-\nlowing definitions apply: \n‘‘(1) E NVIRONMENTAL REVIEW PROCESS .—The \nterm ‘environmental review process’ means the process for preparing for a project an environ-mental impact statement, environmental assess-ment, categorical exclusion, or other document prepared under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). \n‘‘(2) P\nLANNING PRODUCT .—The term ‘planning \nproduct’ means a detailed and timely decision, analysis, study, or other documented informa-tion that— \n‘‘(A) is the result of an evaluation or decision-\nmaking process carried out during transpor-tation planning, including a detailed corridor plan or a transportation plan developed under section 134 that fully analyzes impacts on mobil-ity, adjacent communities, and the environment; \n‘‘(B) is intended to be carried into the trans-\nportation project development process; and ‘‘(C) has been approved by the State, all local \nand tribal governments where the project is lo-cated, and by any relevant metropolitan plan-ning organization. \n‘‘(3) P\nROJECT .—The term ‘project’ has the \nmeaning given the term in section 139(a). \n‘‘(4) P ROJECT SPONSOR .—The term ‘project \nsponsor’ has the meaning given the term in sec-tion 139(a). \n‘‘(b) A\nDOPTION OF PLANNING PRODUCTS FOR \nUSE IN NEPA P ROCEEDINGS .— \n‘‘(1) I N GENERAL .—Subject to the conditions \nset forth in subsection (d), the Federal lead agency for a project may adopt and use a plan-ning product in proceedings relating to any class of action in the environmental review process of the project. \n‘‘(2) I\nDENTIFICATION .—When the Federal lead \nagency makes a determination to adopt and use a planning product, the Federal lead agency shall identify those agencies that participated in the development of the planning products. \n‘‘(3) P\nARTIAL ADOPTION OF PLANNING PROD -\nUCTS.—The Federal lead agency may adopt a \nplanning product under paragraph (1) in its en-tirety or may select portions for adoption. \n‘‘(4) T\nIMING .—A determination under para-\ngraph (1) with respect to the adoption of a plan-ning product may be made at the time the lead agencies decide the appropriate scope of envi-ronmental review for the project but may also occur later in the environmental review process, as appropriate. \n‘‘(c) A\nPPLICABILITY .— \n‘‘(1) P LANNING DECISIONS .—Planning decisions \nthat may be adopted pursuant to this section in-clude— \n‘‘(A) whether tolling, private financial assist-\nance, or other special financial measures are necessary to implement the project; \n‘‘(B) a decision with respect to modal choice, \nincluding a decision to implement corridor or subarea study recommendations to advance dif-ferent modal solutions as separate projects with independent utility; \n‘‘(C) a basic description of the environmental \nsetting; \n‘‘(D) a decision with respect to methodologies \nfor analysis; and \n‘‘(E) an identification of programmatic level \nmitigation for potential impacts that the Federal lead agency, in consultation with Federal, State, local, and tribal resource agencies, deter-mines are most effectively addressed at a re-gional or national program level, including— \n‘‘(i) system-level measures to avoid, minimize, \nor mitigate impacts of proposed transportation investments on environmental resources, includ-ing regional ecosystem and water resources; and \n‘‘(ii) potential mitigation activities, locations, \nand investments. \n‘‘(2) P\nLANNING ANALYSES .—Planning analyses \nthat may be adopted pursuant to this section in-clude studies with respect to— \n‘‘(A) travel demands; ‘‘(B) regional development and growth; ‘‘(C) local land use, growth management, and \ndevelopment; \n‘‘(D) population and employment; ‘‘(E) natural and built environmental condi-\ntions; \n‘‘(F) environmental resources and environ-\nmentally sensitive areas; \n‘‘(G) potential environmental effects, includ-\ning the identification of resources of concern and potential cumulative effects on those re-sources, identified as a result of a statewide or regional cumulative effects assessment; and \n‘‘(H) mitigation needs for a proposed action, \nor for programmatic level mitigation, for poten-tial effects that the Federal lead agency deter-mines are most effectively addressed at a re-gional or national program level. \n‘‘(d) C\nONDITIONS .—Adoption and use of a \nplanning product under this section is subject to a determination by the Federal lead agency, with the concurrence of other participating agencies with relevant expertise and project \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00309 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4468 June 28, 2012 \nsponsors as appropriate, and with an oppor-\ntunity for public notice and comment and con-sideration of those comments by the Federal lead agency, that the following conditions have been met: \n‘‘(1) The planning product was developed \nthrough a planning process conducted pursuant to applicable Federal law. \n‘‘(2) The planning product was developed by \nengaging in active consultation with appro-priate Federal and State resource agencies and Indian tribes. \n‘‘(3) The planning process included broad \nmultidisciplinary consideration of systems-level or corridor-wide transportation needs and po-tential effects, including effects on the human and natural environment. \n‘‘(4) During the planning process, notice was \nprovided through publication or other means to Federal, State, local, and tribal governments that might have an interest in the proposed project, and to members of the general public, of the planning products that the planning process might produce and that might be relied on dur-ing any subsequent environmental review proc-ess, and such entities have been provided an ap-propriate opportunity to participate in the plan-ning process leading to such planning product. \n‘‘(5) After initiation of the environmental re-\nview process, but prior to determining whether to rely on and use the planning product, the lead Federal agency has made documentation relating to the planning product available to Federal, State, local, and tribal governments that may have an interest in the proposed ac-tion, and to members of the general public, and has considered any resulting comments. \n‘‘(6) There is no significant new information \nor new circumstance that has a reasonable like-lihood of affecting the continued validity or ap-propriateness of the planning product. \n‘‘(7) The planning product has a rational \nbasis and is based on reliable and reasonably current data and reasonable and scientifically acceptable methodologies. \n‘‘(8) The planning product is documented in \nsufficient detail to support the decision or the results of the analysis and to meet requirements for use of the information in the environmental review process. \n‘‘(9) The planning product is appropriate for \nadoption and use in the environmental review process for the project. \n‘‘(10) The planning product was approved not \nlater than 5 years prior to date on which the in-formation is adopted pursuant to this section. \n‘‘(e) E\nFFECT OF ADOPTION .—Any planning \nproduct adopted by the Federal lead agency in accordance with this section may be incor-porated directly into an environmental review process document or other environmental docu-ment and may be relied upon and used by other Federal agencies in carrying out reviews of the project. \n‘‘(f) R\nULES OF CONSTRUCTION .— \n‘‘(1) I N GENERAL .—This section shall not be \nconstrued to make the environmental review process applicable to the transportation plan-ning process conducted under this title and chapter 53 of title 49. \n‘‘(2) T\nRANSPORTATION PLANNING ACTIVITIES .— \nInitiation of the environmental review process as a part of, or concurrently with, transpor-tation planning activities does not subject trans-portation plans and programs to the environ-mental review process. \n‘‘(3) P\nLANNING PRODUCTS .—This section shall \nnot be construed to affect the use of planning products in the environmental review process pursuant to other authorities under any other provision of law or to restrict the initiation of the environmental review process during plan-ning.’’. \n(b) T\nECHNICAL AND CONFORMING AMEND -\nMENT .—The analysis for chapter 1 of title 23, \nUnited States Code (as amended by section 1115(b)), is amended by adding at end the fol-lowing: ‘‘Sec. 168. Integration of planning and environ-\nmental review.’’. \nSEC. 1311. DEVELOPMENT OF PROGRAMMATIC \nMITIGATION PLANS. \n(a) I NGENERAL .—Chapter 1 of title 23, United \nStates Code (as amended by section 1310(a)), is amended by adding at the end the following: \n‘‘§ 169. Development of programmatic mitiga-\ntion plans \n‘‘(a) I\nNGENERAL .—As part of the statewide or \nmetropolitan transportation planning process, a State or metropolitan planning organization may develop 1 or more programmatic mitigation plans to address the potential environmental im-pacts of future transportation projects. \n‘‘(b) S\nCOPE.— \n‘‘(1) S CALE.—A programmatic mitigation plan \nmay be developed on a regional, ecosystem, wa-tershed, or statewide scale. \n‘‘(2) R\nESOURCES .—The plan may encompass \nmultiple environmental resources within a de-fined geographic area or may focus on a specific resource, such as aquatic resources, parkland, or wildlife habitat. \n‘‘(3) P\nROJECT IMPACTS .—The plan may ad-\ndress impacts from all projects in a defined geo-graphic area or may focus on a specific type of project. \n‘‘(4) C\nONSULTATION .—The scope of the plan \nshall be determined by the State or metropolitan planning organization, as appropriate, in con-sultation with the agency or agencies with juris-diction over the resources being addressed in the mitigation plan. \n‘‘(c) C\nONTENTS .—A programmatic mitigation \nplan may include— \n‘‘(1) an assessment of the condition of envi-\nronmental resources in the geographic area cov-ered by the plan, including an assessment of re-cent trends and any potential threats to those resources; \n‘‘(2) an assessment of potential opportunities \nto improve the overall quality of environmental resources in the geographic area covered by the plan, through strategic mitigation for impacts of transportation projects; \n‘‘(3) standard measures for mitigating certain \ntypes of impacts; \n‘‘(4) parameters for determining appropriate \nmitigation for certain types of impacts, such as mitigation ratios or criteria for determining ap-propriate mitigation sites; \n‘‘(5) adaptive management procedures, such \nas protocols that involve monitoring predicted impacts over time and adjusting mitigation measures in response to information gathered through the monitoring; and \n‘‘(6) acknowledgment of specific statutory or \nregulatory requirements that must be satisfied when determining appropriate mitigation for certain types of resources. \n‘‘(d) P\nROCESS .—Before adopting a pro-\ngrammatic mitigation plan, a State or metropoli-tan planning organization shall— \n‘‘(1) consult with each agency with jurisdic-\ntion over the environmental resources consid-ered in the programmatic mitigation plan; \n‘‘(2) make a draft of the plan available for re-\nview and comment by applicable environmental resource agencies and the public; \n‘‘(3) consider any comments received from \nsuch agencies and the public on the draft plan; and \n‘‘(4) address such comments in the final plan. ‘‘(e) I\nNTEGRATION WITH OTHER PLANS.—A \nprogrammatic mitigation plan may be integrated with other plans, including watershed plans, ecosystem plans, species recovery plans, growth management plans, and land use plans. \n‘‘(f) C\nONSIDERATION IN PROJECT DEVELOPMENT \nANDPERMITTING .—If a programmatic mitigation \nplan has been developed pursuant to this sec-tion, any Federal agency responsible for envi-ronmental reviews, permits, or approvals for a transportation project may use the recommenda-tions in a programmatic mitigation plan when carrying out the responsibilities under the Na-tional Environmental Policy Act of 1969 (42 \nU.S.C. 4321 et seq.). \n‘‘(g) P\nRESERVATION OF EXISTING AUTHORI -\nTIES.—Nothing in this section limits the use of \nprogrammatic approaches to reviews under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).’’. \n(b) T\nECHNICAL AND CONFORMING AMEND -\nMENT .—The analysis for chapter 1 of title 23, \nUnited States Code (as amended by section 1309(b)), is amended by adding at the end the following: \n‘‘Sec. 169. Development of programmatic mitiga-\ntion plans.’’. \nSEC. 1312. STATE ASSUMPTION OF RESPONSI-\nBILITY FOR CATEGORICAL EXCLU-SIONS. \nSection 326 of title 23, United States Code, is \namended— \n(1) in subsection (a) by adding at the end the \nfollowing: \n‘‘(4) P RESERVATION OF FLEXIBILITY .—The Sec-\nretary shall not require a State, as a condition of assuming responsibility under this section, to forego project delivery methods that are other-wise permissible for highway projects.’’; \n(2) by striking subsection (d) and inserting the \nfollowing: \n‘‘(d) T\nERMINATION .— \n‘‘(1) T ERMINATION BY THE SECRETARY .—The \nSecretary may terminate any assumption of re-sponsibility under a memorandum of under-standing on a determination that the State is not adequately carrying out the responsibilities assigned to the State. \n‘‘(2) T\nERMINATION BY THE STATE .—The State \nmay terminate the participation of the State in the program at any time by providing to the Sec-retary a notice not later than the date that is 90 days before the date of termination, and subject to such terms and conditions as the Secretary may provide.’’; and \n(3) by adding at the end the following: ‘‘(f) L\nEGAL FEES.—A State assuming the re-\nsponsibilities of the Secretary under this section for a specific project may use funds apportioned to the State under section 104(b)(2) for attor-ney’s fees directly attributable to eligible activi-ties associated with the project.’’. \nSEC. 1313. SURFACE TRANSPORTATION PROJECT \nDELIVERY PROGRAM. \n(a) P ROGRAM NAME.—Section 327 of title 23, \nUnited States Code, is amended— \n(1) in the section heading by striking ‘‘pilot’’; \nand \n(2) in subsection (a)(1) by striking ‘‘pilot’’. (b) A\nSSUMPTION OF RESPONSIBILITY .—Section \n327(a)(2) of title 23, United States Code, is amended— \n(1) in subparagraph (B)— (A) in clause (i) by striking ‘‘but’’; and (B) by striking clause (ii) and inserting the \nfollowing: \n‘‘(ii) at the request of the State, the Secretary \nmay also assign to the State, and the State may assume, the responsibilities of the Secretary with respect to 1 or more railroad, public trans-portation, or multimodal projects within the State under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); \n‘‘(iii) in a State that has assumed the respon-\nsibilities of the Secretary under clause (ii), a re-cipient of assistance under chapter 53 of title 49 may request that the Secretary maintain the re-sponsibilities of the Secretary with respect to 1 or more public transportation projects within the State under the National Environmental Policy Act of 1969 (42 U.S.C. 13 4321 et seq.); but \n‘‘(iv) the Secretary may not assign— ‘‘(I) any responsibility imposed on the Sec-\nretary by section 134 or 135 or section 5303 or 5304 of title 49; or \n‘‘(II) responsibility for any conformity deter-\nmination required under section 176 of the Clean Air Act (42 U.S.C. 7506).’’; and \n(2) by adding at the end the following: ‘‘(F) P\nRESERVATION OF FLEXIBILITY .—The \nSecretary may not require a State, as a condi-tion of participation in the program, to forego \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00310 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4469 June 28, 2012 \nproject delivery methods that are otherwise per-\nmissible for projects. \n‘‘(G) L EGAL FEES .—A State assuming the re-\nsponsibilities of the Secretary under this section for a specific project may use funds apportioned to the State under section 104(b)(2) for attor-neys’ fees directly attributable to eligible activi-ties associated with the project.’’. \n(c) S\nTATE PARTICIPATION .—Section 327(b) of \ntitle 23, United States Code, is amended— \n(1) by striking paragraph (1) and inserting the \nfollowing: \n‘‘(1) P ARTICIPATING STATES .—All States are el-\nigible to participate in the program.’’; and \n(2) in paragraph (2) by striking ‘‘date of en-\nactment of this section, the Secretary shall pro-mulgate’’ and inserting ‘‘date on which amend-ments to this section by the MAP-21 take effect, the Secretary shall amend, as appropriate,’’. \n(d) W\nRITTEN AGREEMENT .—Section 327(c) of \ntitle 23, United States Code, is amended— \n(1) in paragraph (3)(D) by striking the period \nat the end and inserting a semicolon; and \n(2) by adding at the end the following: ‘‘(4) require the State to provide to the Sec-\nretary any information the Secretary considers necessary to ensure that the State is adequately carrying out the responsibilities assigned to the State; \n‘‘(5) have a term of not more than 5 years; and ‘‘(6) be renewable.’’. (e) C\nONFORMING AMENDMENT .—Section 327(e) \nof title 23, United States Code, is amended by striking ‘‘subsection (i)’’ and inserting ‘‘sub-section (j)’’. \n(f) A\nUDITS .—Section 327(g)(1)(B) of title 23, \nUnited States Code, is amended by striking ‘‘subsequent year’’ and inserting ‘‘of the third and fourth years’’. \n(g) M\nONITORING .—Section 327 of title 23, \nUnited States Code, is amended— \n(1) by redesignating subsections (h) and (i) as \nsubsections (i) and (j), respectively; and \n(2) by inserting after subsection (g) the fol-\nlowing: \n‘‘(h) M ONITORING .—After the fourth year of \nthe participation of a State in the program, the Secretary shall monitor compliance by the State with the written agreement, including the provi-sion by the State of financial resources to carry out the written agreement.’’. \n(h) T\nERMINATION .—Section 327(j) of title 23, \nUnited States Code (as so redesignated), is amended to read as follows: \n‘‘(j) T\nERMINATION .— \n‘‘(1) T ERMINATION BY THE SECRETARY .—The \nSecretary may terminate the participation of any State in the program if— \n‘‘(A) the Secretary determines that the State is \nnot adequately carrying out the responsibilities assigned to the State; \n‘‘(B) the Secretary provides to the State— ‘‘(i) notification of the determination of non-\ncompliance; and \n‘‘(ii) a period of at least 30 days during which \nto take such corrective action as the Secretary determines is necessary to comply with the ap-plicable agreement; and \n‘‘(C) the State, after the notification and pe-\nriod provided under subparagraph (B), fails to take satisfactory corrective action, as deter-mined by the Secretary. \n‘‘(2) T\nERMINATION BY THE STATE .—The State \nmay terminate the participation of the State in the program at any time by providing to the Sec-retary a notice by not later than the date that is 90 days before the date of termination, and subject to such terms and conditions as the Sec-retary may provide.’’. \n(i) C\nLERICAL AMENDMENT .—The item relating \nto section 327 in the analysis of title 23, United States Code, is amended to read as follows: \n‘‘327. Surface transportation project delivery \nprogram.’’. \nSEC. 1314. APPLICATION OF CATEGORICAL EX-\nCLUSIONS FOR MULTIMODAL PROJECTS. \n(a) I NGENERAL .—Section 304 of title 49, \nUnited States Code, is amended to read as fol-lows: ‘‘§ 304. Application of categorical exclusions \nfor multimodal projects \n‘‘(a) D\nEFINITIONS .—In this section, the fol-\nlowing definitions apply: \n‘‘(1) C OOPERATING AUTHORITY .—The term ‘co-\noperating authority’ means a Department of Transportation operating authority that is not the lead authority with respect to a project. \n‘‘(2) L\nEAD AUTHORITY .—The term ‘lead au-\nthority’ means a Department of Transportation operating administration or secretarial office that— \n‘‘(A) is the lead authority over a proposed \nmultimodal project; and \n‘‘(B) has determined that the components of \nthe project that fall under the modal expertise of the lead authority— \n‘‘(i) satisfy the conditions for a categorical ex-\nclusion under implementing regulations or pro-cedures of the lead authority under the Na-tional Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and \n‘‘(ii) do not require the preparation of an en-\nvironmental assessment or environmental impact statement under that Act. \n‘‘(3) M\nULTIMODAL PROJECT .—The term \n‘multimodal project’ has the meaning given the term in section 139(a) of title 23. \n‘‘(b) E\nXERCISE OF AUTHORITIES .—The authori-\nties granted in this section may be exercised for a multimodal project, class of projects, or pro-gram of projects that are carried out under this title. \n‘‘(c) A\nPPLICATION OF CATEGORICAL EXCLU -\nSIONS FOR MULTIMODAL PROJECTS .—In consid-\nering the environmental impacts of a proposed multimodal project, a lead authority may apply a categorical exclusion designated under the im-plementing regulations or procedures of a co-operating authority for other components of the project, subject to the conditions that— \n‘‘(1) the multimodal project is funded under 1 \ngrant agreement administered by the lead au-thority; \n‘‘(2) the multimodal project has components \nthat require the expertise of a cooperating au-thority to assess the environmental impacts of the components; \n‘‘(3) the component of the project to be cov-\nered by the categorical exclusion of the cooper-ating authority has independent utility; \n‘‘(4) the cooperating authority, in consulta-\ntion with the lead authority— \n‘‘(A) follows implementing regulations or pro-\ncedures under the National Environmental Pol-icy Act of 1969 (42 U.S.C. 4321 et seq.); and \n‘‘(B) determines that a categorical exclusion \nunder that Act applies to the components; and \n‘‘(5) the lead authority has determined that— ‘‘(A) the project, using the categorical exclu-\nsions of the lead authority and each applicable cooperating authority, does not individually or cumulatively have a significant impact on the environment; and \n‘‘(B) extraordinary circumstances do not exist \nthat merit additional analysis and documenta-tion in an environmental impact statement or environmental assessment required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). \n‘‘(d) M\nODAL COOPERATION .— \n‘‘(1) I N GENERAL .—A cooperating authority \nshall provide modal expertise to the lead author-ity on such aspects of the multimodal project in which the cooperating authority has expertise. \n‘‘(2) U\nSE OF CATEGORICAL EXCLUSION .—In a \ncase described in paragraph (1), the 1 or more categorical exclusions of a cooperating author-ity may be applied by the lead authority once the cooperating authority reviews the project on behalf of the lead authority and determines the project satisfies the conditions for a categorical exclusion under the implementing regulations or procedures of the cooperating authority under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and this section.’’. \n(b) C\nONFORMING AMENDMENT .—The item re-\nlating to section 304 in the analysis for title 49, United States Code, is amended to read as fol-\nlows: \n‘‘304. Application of categorical exclusions for \nmultimodal projects’’. \nSEC. 1315. CATEGORICAL EXCLUSIONS IN EMER-\nGENCIES. \n(a) I NGENERAL .—Not later than 30 days after \nthe date of enactment of this Act, for the repair or reconstruction of any road, highway, or bridge that is in operation or under construction when damaged by an emergency declared by the Governor of the State and concurred in by the Secretary, or for a disaster or emergency de-clared by the President pursuant to the Robert T. Stafford Disaster Relief and Emergency As-sistance Act (42 U.S.C. 5121 et seq.), the Sec-retary shall publish a notice of proposed rule-making to treat any such repair or reconstruc-tion activity as a class of action categorically excluded from the requirements relating to envi-ronmental assessments or environmental impact statements under section 1508.4 of title 40, Code of Federal Regulations, and section 771.117 of title 23, Code of Federal Regulations (as in ef-fect on the date of enactment of this Act) if such repair or reconstruction activity is— \n(1) in the same location with the same capac-\nity, dimensions, and design as the original road, highway, or bridge as before the declaration de-scribed in this section; and \n(2) commenced within a 2-year period begin-\nning on the date of a declaration described in this section. \n(b) R\nULEMAKING .— \n(1) I N GENERAL .—The Secretary shall ensure \nthat the rulemaking helps to conserve Federal resources and protects public safety and health by providing for periodic evaluations to deter-mine if reasonable alternatives exist to roads, highways, or bridges that repeatedly require re-pair and reconstruction activities. \n(2) R\nEASONABLE ALTERNATIVES .—The reason-\nable alternatives described in paragraph (1) in-clude actions that could reduce the need for Federal funds to be expended on such repair and reconstruction activities, better protect pub-lic safety and health and the environment, and meet transportation needs as described in rel-evant and applicable Federal, State, local and tribal plans. \nSEC. 1316. CATEGORICAL EXCLUSIONS FOR \nPROJECTS WITHIN THE RIGHT-OF- WAY. \n(a) I NGENERAL .—The Secretary shall— \n(1) not later than 180 days after the date of \nenactment of this Act, designate any project (as defined in section 101(a) of title 23, United States Code) within an existing operational right-of-way as an action categorically excluded from the requirements relating to environmental assessments or environmental impact statements under section 1508.4 of title 40, Code of Federal Regulations, and section 771.117(c) of title 23, Code of Federal Regulations; and \n(2) not later than 150 days after the date of \nenactment of this Act, promulgate regulations to carry out paragraph (1). \n(b) D\nEFINITION OF AN OPERATIONAL RIGHT-OF- \nWAY.—In this section, the term ‘‘operational \nright-of-way’’ means all real property interests acquired for the construction, operation, or miti-gation of a project (as defined in section 101(a) of title 23, United States Code), including the lo-cations of the roadway, bridges, interchanges, culverts, drainage, clear zone, traffic control signage, landscaping, and any rest areas with direct access to a controlled access highway. \nSEC. 1317. CATEGORICAL EXCLUSION FOR \nPROJECTS OF LIMITED FEDERAL AS-SISTANCE. \nNot later than 180 days after the date of en-\nactment of this Act, the Secretary shall— \n(1) designate as an action categorically ex-\ncluded from the requirements relating to envi-ronmental assessments or environmental impact statements under section 1508.4 of title 40, Code of Federal Regulations, and section 771.117(c) of \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00311 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4470 June 28, 2012 \ntitle 23, Code of Federal Regulations, any \nproject— \n(A) that receives less than $5,000,000 of Fed-\neral funds; or \n(B) with a total estimated cost of not more \nthan $30,000,000 and Federal funds comprising less than 15 percent of the total estimated project cost; and \n(2) not later than 150 days after the date of \nenactment of this Act, promulgate regulations to carry out paragraph (1). \nSEC. 1318. PROGRAMMATIC AGREEMENTS AND \nADDITIONAL CATEGORICAL EXCLU-SIONS. \n(a) I NGENERAL .—Not later than 60 days after \nthe date of enactment of this Act, the Secretary shall— \n(1) survey the use by the Department of cat-\negorical exclusions in transportation projects since 2005; \n(2) publish a review of the survey that in-\ncludes a description of— \n(A) the types of actions categorically ex-\ncluded; and \n(B) any requests previously received by the \nSecretary for new categorical exclusions; and \n(3) solicit requests from State departments of \ntransportation, transit authorities, metropolitan planning organizations, or other government agencies for new categorical exclusions. \n(b) N\nEWCATEGORICAL EXCLUSIONS .—Not later \nthan 120 days after the date of enactment of this Act, the Secretary shall publish a notice of pro-posed rulemaking to propose new categorical ex-clusions received by the Secretary under sub-section (a), to the extent that the categorical ex-clusions meet the criteria for a categorical exclu-sion under section 1508.4 of title 40, Code of Fed-eral Regulations, and section 771.117(a) of title 23, Code of Federal Regulations (as those regu-lations are in effect on the date of the notice). \n(c) A\nDDITIONAL ACTIONS .—The Secretary shall \nissue a proposed rulemaking to move the fol-lowing types of actions from subsection (d) of section 771.117 of title 23, Code of Federal Regu-lations (as in effect on the date of enactment of this Act), to subsection (c) of that section, to the extent that such movement complies with the criteria for a categorical exclusion under section 1508.4 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act): \n(1) Modernization of a highway by resur-\nfacing, restoration, rehabilitation, reconstruc-tion, adding shoulders, or adding auxiliary lanes (including parking, weaving, turning, and climbing). \n(2) Highway safety or traffic operations im-\nprovement projects, including the installation of ramp metering control devices and lighting. \n(3) Bridge rehabilitation, reconstruction, or \nreplacement or the construction of grade separa-tion to replace existing at-grade railroad cross-ings. \n(d) P\nROGRAMMATIC AGREEMENTS .— \n(1) I N GENERAL .—The Secretary shall seek op-\nportunities to enter into programmatic agree-ments with the States that establish efficient ad-ministrative procedures for carrying out envi-ronmental and other required project reviews. \n(2) I\nNCLUSIONS .—Programmatic agreements \nauthorized under paragraph (1) may include agreements that allow a State to determine on behalf of the Federal Highway Administration whether a project is categorically excluded from the preparation of an environmental assessment or environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). \n(3) D\nETERMINATIONS .—An agreement described \nin paragraph (2) may include determinations by the Secretary of the types of projects categori-cally excluded (consistent with section 1508.4 of title 40, Code of Federal Regulations) in the State in addition to the types listed in sub-sections (c) and (d) of section 771.117 of title 23, Code of Federal Regulations (as in effect on the date of enactment of this Act). SEC. 1319. ACCELERATED DECISIONMAKING IN \nENVIRONMENTAL REVIEWS. \n(a) I NGENERAL .—In preparing a final envi-\nronmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), if the lead agency modifies the state-ment in response to comments that are minor and are confined to factual corrections or expla-nations of why the comments do not warrant additional agency response, the lead agency may write on errata sheets attached to the state-ment instead of rewriting the draft statement, subject to the condition that the errata sheets— \n(1) cite the sources, authorities, or reasons \nthat support the position of the agency; and \n(2) if appropriate, indicate the circumstances \nthat would trigger agency reappraisal or further response. \n(b) I\nNCORPORATION .—To the maximum extent \npracticable, the lead agency shall expeditiously develop a single document that consists of a final environmental impact statement and a record of decision, unless— \n(1) the final environmental impact statement \nmakes substantial changes to the proposed ac-tion that are relevant to environmental or safety concerns; or \n(2) there are significant new circumstances or \ninformation relevant to environmental concerns and that bear on the proposed action or the im-pacts of the proposed action. \nSEC. 1320. MEMORANDA OF AGENCY AGREE-\nMENTS FOR EARLY COORDINATION. \n(a) I NGENERAL .—It is the sense of Congress \nthat— \n(1) the Secretary and other Federal agencies \nwith relevant jurisdiction in the environmental review process should cooperate with each other and other agencies on environmental review and project delivery activities at the earliest prac-ticable time to avoid delays and duplication of effort later in the process, head off potential conflicts, and ensure that planning and project development decisions reflect environmental val-ues; and \n(2) such cooperation should include the devel-\nopment of policies and the designation of staff that advise planning agencies or project spon-sors of studies or other information foreseeably required for later Federal action and early con-sultation with appropriate State and local agen-cies and Indian tribes. \n(b) T\nECHNICAL ASSISTANCE .—If requested at \nany time by a State or local planning agency, the Secretary and other Federal agencies with relevant jurisdiction in the environmental re-view process, shall, to the extent practicable and appropriate, as determined by the agencies, pro-vide technical assistance to the State or local planning agency on accomplishing the early co-ordination activities described in subsection (d). \n(c) M\nEMORANDUM OF AGENCY AGREEMENT .—If \nrequested at any time by a State or local plan-ning agency, the lead agency, in consultation with other Federal agencies with relevant juris-diction in the environmental review process, may establish memoranda of agreement with the project sponsor, State, and local governments and other appropriate entities to accomplish the early coordination activities described in sub-section (d). \n(d) E\nARLY COORDINATION ACTIVITIES .—Early \ncoordination activities shall include, to the max-imum extent practicable, the following: \n(1) Technical assistance on identifying poten-\ntial impacts and mitigation issues in an inte-grated fashion. \n(2) The potential appropriateness of using \nplanning products and decisions in later envi-ronmental reviews. \n(3) The identification and elimination from \ndetailed study in the environmental review proc-ess of the issues that are not significant or that have been covered by prior environmental re-views. \n(4) The identification of other environmental \nreview and consultation requirements so that the lead and cooperating agencies may prepare, as appropriate, other required analyses and \nstudies concurrently with planning activities. \n(5) The identification by agencies with juris-\ndiction over any permits related to the project of any and all relevant information that will rea-sonably be required for the project. \n(6) The reduction of duplication between re-\nquirements under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and State and local planning and environmental re-view requirements, unless the agencies are spe-cifically barred from doing so by applicable law. \n(7) Timelines for the completion of agency ac-\ntions during the planning and environmental review processes. \n(8) Other appropriate factors. \nSEC. 1321. ENVIRONMENTAL PROCEDURES INI-\nTIATIVE. \n(a) E STABLISHMENT .—For grant programs \nunder which funds are distributed by formula by the Department, the Secretary shall establish an initiative to review and develop consistent procedures for environmental permitting and procurement requirements that apply to a project carried out under title 23, United States Code, or chapter 53 of title 49, United States Code. \n(b) R\nEPORT .—The Secretary shall publish the \nresults of the initiative described in subsection (a) in an electronically accessible format. \nSEC. 1322. REVIEW OF STATE ENVIRONMENTAL \nREVIEWS AND APPROVALS FOR THE PURPOSE OF ELIMINATING DUPLICA-TION OF ENVIRONMENTAL REVIEWS. \nFor environmental reviews and approvals car-\nried out on projects funded under title 23, United States Code, the Comptroller General of the United States shall— \n(1) review State laws and procedures for con-\nducting environmental reviews with regard to such projects and identify the States that have environmental laws that provide environmental protections and opportunities for public involve-ment that are equivalent to those provided by Federal environmental laws; \n(2) determine the frequency and cost of envi-\nronmental reviews carried out at the Federal level that are duplicative of State reviews that provide equivalent environmental protections and opportunities for public involvement; and \n(3) not later than 2 years after the date of en-\nactment of this Act, submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Envi-ronment and Public Works of the Senate a re-port that describes the results of the review and determination made under this section. \nSEC. 1323. REVIEW OF FEDERAL PROJECT AND \nPROGRAM DELIVERY. \n(a) C OMPLETION TIMEASSESSMENTS AND RE-\nPORTS .— \n(1) I N GENERAL .—For projects funded under \ntitle 23, United States Code, the Secretary shall compare— \n(A)(i) the completion times of categorical ex-\nclusions, environmental assessments, and envi-ronmental impact statements initiated after cal-endar year 2005; to \n(ii) the completion times of categorical exclu-\nsions, environmental assessments, and environ-mental impact statements initiated during a pe-riod prior to calendar year 2005; and \n(B)(i) the completion times of categorical ex-\nclusions, environmental assessments, and envi-ronmental impact statements initiated during the period beginning on January 1, 2005, and ending on the date of enactment of this Act; to \n(ii) the completion times of categorical exclu-\nsions, environmental assessments, and environ-mental impact statements initiated after the date of enactment of this Act. \n(2) R\nEPORT .—The Secretary shall submit to \nthe Committee on Transportation and Infra-structure of the House of Representatives and the Committee on Environment and Public Works of the Senate— \n(A) not later than 1 year after the date of en-\nactment of this Act, a report that— \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00312 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4471 June 28, 2012 \n(i) describes the results of the review con-\nducted under paragraph (1)(A); and \n(ii) identifies any change in the timing for \ncompletions, including the reasons for any such change and the reasons for delays in excess of 5 years; and \n(B) not later than 5 years after the date of en-\nactment of this Act, a report that— \n(i) describes the results of the review con-\nducted under paragraph (1)(B); and \n(ii) identifies any change in the timing for \ncompletions, including the reasons for any such change and the reasons for delays in excess of 5 years. \n(b) A\nDDITIONAL REPORT .—Not later than 2 \nyears after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Envi-ronment and Public Works of the Senate a re-port on the types and justification for the addi-tional categorical exclusions granted under the authority provided under sections 1316 and 1317. \n(c) GAO R\nEPORT .—The Comptroller General of \nthe United States shall— \n(1) assess the reforms carried out under this \nsubtitle (including the amendments made by this subtitle); and \n(2) not later than 5 years after the date of en-\nactment of this Act, submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Envi-ronment and Public Works of the Senate a re-port that describes the results of the assessment. \n(d) I\nNSPECTOR GENERAL REPORT .—The Inspec-\ntor General of the Department of Transpor-tation shall— \n(1) assess the reforms carried out under this \nsubtitle (including the amendments made by this subtitle); and \n(2) submit to the Committee on Transportation \nand Infrastructure of the House of Representa-tives and the Committee on Environment and Public Works of the Senate— \n(A) not later than 2 years after the date of en-\nactment of this Act, an initial report of the find-ings of the Inspector General; and \n(B) not later than 4 years after the date of en-\nactment of this Act, a final report of the find-ings. \nSubtitle D—Highway Safety \nSEC. 1401. JASON’S LAW. \n(a) I NGENERAL .—It is the sense of Congress \nthat it is a national priority to address projects under this section for the shortage of long-term parking for commercial motor vehicles on the National Highway System to improve the safety of motorized and nonmotorized users and for commercial motor vehicle operators. \n(b) E\nLIGIBLE PROJECTS .—Eligible projects \nunder this section are those that— \n(1) serve the National Highway System; and (2) may include the following: (A) Constructing safety rest areas (as defined \nin section 120(c) of title 23, United States Code) that include parking for commercial motor vehi-cles. \n(B) Constructing commercial motor vehicle \nparking facilities adjacent to commercial truck stops and travel plazas. \n(C) Opening existing facilities to commercial \nmotor vehicle parking, including inspection and weigh stations and park-and-ride facilities. \n(D) Promoting the availability of publicly or \nprivately provided commercial motor vehicle parking on the National Highway System using intelligent transportation systems and other means. \n(E) Constructing turnouts along the National \nHighway System for commercial motor vehicles. \n(F) Making capital improvements to public \ncommercial motor vehicle parking facilities cur-rently closed on a seasonal basis to allow the fa-cilities to remain open year-round. \n(G) Improving the geometric design of inter-\nchanges on the National Highway System to im-prove access to commercial motor vehicle park-ing facilities. (c) S\nURVEY AND COMPARATIVE ASSESSMENT .— \n(1) I N GENERAL .—Not later than 18 months \nafter the date of enactment of this Act, the Sec-retary, in consultation with relevant State motor carrier safety personnel, shall conduct a survey of each State— \n(A) to evaluate the capability of the State to \nprovide adequate parking and rest facilities for commercial motor vehicles engaged in interstate transportation; \n(B) to assess the volume of commercial motor \nvehicle traffic in the State; and \n(C) to develop a system of metrics to measure \nthe adequacy of commercial motor vehicle park-ing facilities in the State. \n(2) R\nESULTS .—The results of the survey under \nparagraph (1) shall be made available to the public on the website of the Department of Transportation. \n(3) P\nERIODIC UPDATES .—The Secretary shall \nperiodically update the survey under this sub-section. \n(d) E\nLECTRIC VEHICLE AND NATURAL GASVE-\nHICLE INFRASTRUCTURE .— \n(1) I N GENERAL .—Except as provided in para-\ngraph (2), a State may establish electric vehicle charging stations or natural gas vehicle refuel-ing stations for the use of battery-powered or natural gas-fueled trucks or other motor vehi-cles at any parking facility funded or author-ized under this Act or title 23, United States Code. \n(2) E\nXCEPTION .—Electric vehicle battery \ncharging stations or natural gas vehicle refuel-ing stations may not be established or supported under paragraph (1) if commercial establish-ments serving motor vehicle users are prohibited by section 111 of title 23, United States Code. \n(3) F\nUNDS.—Charging or refueling stations de-\nscribed in paragraph (1) shall be eligible for the same funds as are available for the parking fa-cilities in which the stations are located. \n(e) T\nREATMENT OF PROJECTS .—Notwith-\nstanding any other provision of law, projects funded through the authority provided under this section shall be treated as projects on a Federal-aid highway under chapter 1 of title 23, United States Code. \nSEC. 1402. OPEN CONTAINER REQUIREMENTS. \nSection 154(c) of title 23, United States Code, \nis amended— \n(1) by striking paragraph (2) and inserting the \nfollowing: \n‘‘(2) F ISCAL YEAR 2012 AND THEREAFTER .— \n‘‘(A) R ESERVATION OF FUNDS .—On October 1, \n2011, and each October 1 thereafter, if a State has not enacted or is not enforcing an open con-tainer law described in subsection (b), the Sec-retary shall reserve an amount equal to 2.5 per-cent of the funds to be apportioned to the State on that date under each of paragraphs (1) and (2) of section 104(b) until the State certifies to the Secretary the means by which the State will use those reserved funds in accordance with subparagraphs (A) and (B) of paragraph (1) and paragraph (3). \n‘‘(B) T\nRANSFER OF FUNDS .—As soon as prac-\nticable after the date of receipt of a certification from a State under subparagraph (A), the Sec-retary shall— \n‘‘(i) transfer the reserved funds identified by \nthe State for use as described in subparagraphs (A) and (B) of paragraph (1) to the apportion-ment of the State under section 402; and \n‘‘(ii) release the reserved funds identified by \nthe State as described in paragraph (3).’’; \n(2) by striking paragraph (3) and inserting the \nfollowing: \n‘‘(3) U\nSE FOR HIGHWAY SAFETY IMPROVEMENT \nPROGRAM .— \n‘‘(A) I N GENERAL .—A State may elect to use all \nor a portion of the funds transferred under paragraph (2) for activities eligible under sec-tion 148. \n‘‘(B) S\nTATE DEPARTMENTS OF TRANSPOR -\nTATION .—If the State makes an election under \nsubparagraph (A), the funds shall be trans-ferred to the department of transportation of the \nState, which shall be responsible for the admin-istration of the funds.’’; and \n(3) by striking paragraph (5) and inserting the \nfollowing: \n‘‘(5) D\nERIVATION OF AMOUNT TO BE TRANS -\nFERRED .—The amount to be transferred under \nparagraph (2) may be derived from the fol-lowing: \n‘‘(A) The apportionment of the State under \nsection 104(b)(l). \n‘‘(B) The apportionment of the State under \nsection 104(b)(2).’’. \nSEC. 1403. MINIMUM PENALTIES FOR REPEAT OF-\nFENDERS FOR DRIVING WHILE IN-TOXICATED OR DRIVING UNDER THE INFLUENCE. \n(a) D EFINITIONS .—Section 164(a) of title 23, \nUnited States Code, is amended— \n(1) by striking paragraph (3); (2) by redesignating paragraphs (4) and (5) as \nparagraphs (3) and (4), respectively; and \n(3) in paragraph (4) (as so redesignated) by \nstriking subparagraph (A) and inserting the fol-lowing: \n‘‘(A) receive— ‘‘(i) a suspension of all driving privileges for \nnot less than 1 year; or \n‘‘(ii) a suspension of unlimited driving privi-\nleges for 1 year, allowing for the reinstatement of limited driving privileges subject to restric-tions and limited exemptions as established by State law, if an ignition interlock device is in-stalled for not less than 1 year on each of the motor vehicles owned or operated, or both, by the individual;’’. \n(b) T\nRANSFER OF FUNDS.—Section 164(b) of \ntitle 23, United States Code, is amended— \n(1) by striking paragraph (2) and inserting the \nfollowing: \n‘‘(2) F ISCAL YEAR 2012 AND THEREAFTER .— \n‘‘(A) R ESERVATION OF FUNDS .—On October 1, \n2011, and each October 1 thereafter, if a State has not enacted or is not enforcing a repeat in-toxicated driver law, the Secretary shall reserve an amount equal to 2.5 percent of the funds to be apportioned to the State on that date under each of paragraphs (1) and (2) of section 104(b) until the State certifies to the Secretary the means by which the States will use those re-served funds among the uses authorized under subparagraphs (A) and (B) of paragraph (1), and paragraph (3). \n‘‘(B) T\nRANSFER OF FUNDS .—As soon as prac-\nticable after the date of receipt of a certification from a State under subparagraph (A), the Sec-retary shall— \n‘‘(i) transfer the reserved funds identified by \nthe State for use as described in subparagraphs (A) and (B) of paragraph (1) to the apportion-ment of the State under section 402; and \n‘‘(ii) release the reserved funds identified by \nthe State as described in paragraph (3).’’; \n(2) by striking paragraph (3) and inserting the \nfollowing: \n‘‘(3) U\nSE FOR HIGHWAY SAFETY IMPROVEMENT \nPROGRAM .— \n‘‘(A) I N GENERAL .—A State may elect to use all \nor a portion of the funds transferred under paragraph (2) for activities eligible under sec-tion 148. \n‘‘(B) S\nTATE DEPARTMENTS OF TRANSPOR -\nTATION .—If the State makes an election under \nsubparagraph (A), the funds shall be trans-ferred to the department of transportation of the State, which shall be responsible for the admin-istration of the funds.’’; and \n(3) by striking paragraph (5) and inserting the \nfollowing: \n‘‘(5) D\nERIVATION OF AMOUNT TO BE TRANS -\nFERRED .—The amount to be transferred under \nparagraph (2) may be derived from the fol-lowing: \n‘‘(A) The apportionment of the State under \nsection 104(b)(1). \n‘‘(B) The apportionment of the State under \nsection 104(b)(2).’’. \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00313 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4472 June 28, 2012 \nSEC. 1404. ADJUSTMENTS TO PENALTY PROVI-\nSIONS. \n(a) V EHICLE WEIGHT LIMITATIONS .—Section \n127(a)(1) of title 23, United States Code, is amended by striking ‘‘No funds shall be appor-tioned in any fiscal year under section 104(b)(1) of this title to any State which’’ and inserting ‘‘The Secretary shall withhold 50 percent of the apportionment of a State under section 104(b)(1) in any fiscal year in which the State’’. \n(b) C\nONTROL OF JUNKYARDS .—Section 136 of \ntitle 23, United States Code, is amended— \n(1) in subsection (b), in the first sentence— (A) by striking ‘‘10 per centum’’ and inserting \n‘‘7 percent’’; and \n(B) by striking ‘‘section 104 of this title’’ and \ninserting ‘‘paragraphs (1) through (5) of section 104(b)’’; and \n(2) by adding at the end the following: ‘‘(n) D\nEFINITIONS .—For purposes of this sec-\ntion, the terms ‘primary system’ and ‘Federal- aid primary system’ mean any highway that is on the National Highway System, which in-cludes the Interstate Highway System.’’. \n(c) E\nNFORCEMENT OF VEHICLE SIZE AND \nWEIGHT LAWS.—Section 141(b)(2) of title 23, \nUnited States Code, is amended— \n(1) by striking ‘‘10 per centum’’ and inserting \n‘‘7 percent’’; and \n(2) by striking ‘‘section 104 of this title’’ and \ninserting ‘‘paragraphs (1) through (5) of section 104(b)’’. \n(d) P\nROOF OF PAYMENT OF THE HEAVY VEHI-\nCLEUSETAX.—Section 141(c) of title 23, United \nStates Code, is amended— \n(1) by striking ‘‘section 104(b)(4)’’ each place \nit appears and inserting ‘‘section 104(b)(1)’’; and \n(2) in the first sentence by striking ‘‘25 per \ncentum’’ and inserting ‘‘8 percent’’. \n(e) U SE OF SAFETY BELTS.—Section 153(h) of \ntitle 23, United States Code, is amended— \n(1) by striking paragraph (1); (2) by redesignating paragraph (2) as para-\ngraph (1); \n(3) in paragraph (1) (as so redesignated)— \n(A) by striking the paragraph heading and in-\nserting ‘‘P\nRIOR TO FISCAL YEAR 2012 ’’; and \n(B) by inserting ‘‘and before October 1, 2011,’’ \nafter ‘‘September 30, 1994,’’; and \n(4) by inserting after paragraph (1) (as so re-\ndesignated) the following: \n‘‘(2) F ISCAL YEAR 2012 AND THEREAFTER .—If, at \nany time in a fiscal year beginning after Sep-tember 30, 2011, a State does not have in effect a law described in subsection (a)(2), the Sec-retary shall transfer an amount equal to 2 per-cent of the funds apportioned to the State for the succeeding fiscal year under each of para-graphs (1) through (3) of section 104(b) to the apportionment of the State under section 402.’’. \n(f) N\nATIONAL MINIMUM DRINKING AGE.—Sec-\ntion 158(a)(1) of title 23, United States Code, is amended— \n(1) by striking ‘‘The Secretary’’ and inserting \nthe following: \n‘‘(A) F\nISCAL YEARS BEFORE 2012 .—The Sec-\nretary’’; and \n(2) by adding at the end the following: ‘‘(B) F\nISCAL YEAR 2012 AND THEREAFTER .—For \nfiscal year 2012 and each fiscal year thereafter, the amount to be withheld under this section shall be an amount equal to 8 percent of the amount apportioned to the noncompliant State, as described in subparagraph (A), under para-graphs (1) and (2) of section 104(b).’’. \n(g) D\nRUGOFFENDERS .—Section 159 of title 23, \nUnited States Code, is amended— \n(1) in subsection (a)— (A) by striking paragraph (1); (B) by redesignating paragraph (2) as para-\ngraph (1); \n(C) in paragraph (1) (as so redesignated) by \nstriking ‘‘(including any amounts withheld under paragraph (1))’’; and \n(D) by inserting after paragraph (1) (as so re-\ndesignated) the following: \n‘‘(2) F\nISCAL YEAR 2012 AND THEREAFTER .—The \nSecretary shall withhold an amount equal to 8 percent of the amount required to be appor-\ntioned to any State under each of paragraphs (1) and (2) of section 104(b) on the first day of each fiscal year beginning after September 30, 2011, if the State fails to meet the requirements of paragraph (3) on the first day of the fiscal year.’’; and \n(2) by striking subsection (b) and inserting the \nfollowing: \n‘‘(b) E\nFFECT OF NONCOMPLIANCE .—No funds \nwithheld under this section from apportion-ments to any State shall be available for appor-tionment to that State.’’. \n(h) Z\nEROTOLERANCE BLOOD ALCOHOL CON-\nCENTRATION FOR MINORS .—Section 161(a) of title \n23, United States Code, is amended— \n(1) by striking paragraph (1); (2) by redesignating paragraph (2) as para-\ngraph (1); \n(3) in paragraph (1) (as so redesignated)— (A) by striking the paragraph heading and in-\nserting ‘‘P\nRIOR TO FISCAL YEAR 2012 ’’; and \n(B) by inserting ‘‘through fiscal year 2011’’ \nafter ‘‘each fiscal year thereafter’’; and \n(4) by inserting after paragraph (1) (as so re-\ndesignated) the following: \n‘‘(2) F ISCAL YEAR 2012 AND THEREAFTER .—The \nSecretary shall withhold an amount equal to 8 percent of the amount required to be appor-tioned to any State under each of paragraphs (1) and (2) of section 104(b) on October 1, 2011, and on October 1 of each fiscal year thereafter, if the State does not meet the requirement of paragraph (3) on that date.’’. \n(i) O\nPERATION OF MOTOR VEHICLES BY INTOXI -\nCATED PERSONS .—Section 163(e) of title 23, \nUnited States Code, is amended by striking paragraphs (1) and (2) and inserting the fol-lowing: \n‘‘(1) F\nISCAL YEARS 2007 THROUGH 2011 .—On Oc-\ntober 1, 2006, and October 1 of each fiscal year thereafter through fiscal year 2011, if a State has not enacted or is not enforcing a law de-scribed in subsection (a), the Secretary shall withhold an amount equal to 8 percent of the amounts to be apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b). \n‘‘(2) F\nISCAL YEAR 2012 AND THEREAFTER .—On \nOctober 1, 2011, and October 1 of each fiscal year thereafter, if a State has not enacted or is not enforcing a law described in subsection (a), the Secretary shall withhold an amount equal to 6 percent of the amounts to be apportioned to the State on that date under each of paragraphs (1) and (2) of section 104(b).’’. \n(j) C\nOMMERCIAL DRIVER ’SLICENSE .—Section \n31314 of title 49, United States Code, is amend-ed— \n(1) by redesignating subsection (c) as sub-\nsection (d); and \n(2) by inserting after subsection (b) the fol-\nlowing: \n‘‘(c) P\nENALTIES IMPOSED IN FISCAL YEAR2012 \nANDTHEREAFTER .—Effective beginning on Octo-\nber 1, 2011— \n‘‘(1) the penalty for the first instance of non-\ncompliance by a State under this section shall be not more than an amount equal to 4 percent of funds required to be apportioned to the non-compliant State under paragraphs (1) and (2) of section 104(b) of title 23; and \n‘‘(2) the penalty for subsequent instances of \nnoncompliance shall be not more than an amount equal to 8 percent of funds required to be apportioned to the noncompliant State under paragraphs (1) and (2) of section 104(b) of title 23.’’. \nSEC. 1405. HIGHWAY WORKER SAFETY. \nNot later than 60 days after the date of enact-\nment of this Act, the Secretary shall modify sec-tion 630.1108(a) of title 23, Code of Federal Reg-ulations (as in effect on the date of enactment of this Act), to ensure that— \n(1) at a minimum, positive protective measures \nare used to separate workers on highway con-struction projects from motorized traffic in all work zones conducted under traffic in areas \nthat offer workers no means of escape (such as tunnels and bridges), unless an engineering study determines otherwise; \n(2) temporary longitudinal traffic barriers are \nused to protect workers on highway construc-tion projects in long-duration stationary work zones when the project design speed is antici-pated to be high and the nature of the work re-quires workers to be within 1 lane-width from the edge of a live travel lane, unless— \n(A) an analysis by the project sponsor deter-\nmines otherwise; or \n(B) the project is outside of an urbanized area \nand the annual average daily traffic load of the applicable road is less than 100 vehicles per hour; and \n(3) when positive protective devices are nec-\nessary for highway construction projects, those devices are paid for on a unit-pay basis, unless doing so would create a conflict with innovative contracting approaches, such as design-build or some performance-based contracts under which the contractor is paid to assume a certain risk allocation and payment is generally made on a lump-sum basis. \nSubtitle E—Miscellaneous \nSEC. 1501. REAL-TIME RIDESHARING. \nParagraph (3) of section 101(a) of title 23, \nUnited States Code (as redesignated by section 1103(a)(2)), is amended by striking ‘‘and desig-nating existing facilities for use for preferential parking for carpools’’ and inserting ‘‘desig-nating existing facilities for use for preferential parking for carpools, and real-time ridesharing projects, such as projects where drivers, using an electronic transfer of funds, recover costs di-rectly associated with the trip provided through the use of location technology to quantify those direct costs, subject to the condition that the cost recovered does not exceed the cost of the trip provided’’. \nSEC. 1502. PROGRAM EFFICIENCIES. \nThe first sentence of section 102(b) of title 23, \nUnited States Code, is amended by striking ‘‘made available for such engineering’’ and in-serting ‘‘reimbursed for the preliminary engi-neering’’. \nSEC. 1503. PROJECT APPROVAL AND OVERSIGHT. \n(a) I NGENERAL .—Section 106 of title 23, \nUnited States Code, is amended— \n(1) in subsection (a)(2) by inserting ‘‘recipi-\nent’’ before ‘‘formalizing’’; \n(2) in subsection (c)— (A) in paragraph (1)— (i) in the heading, by striking ‘‘N\nON-INTER -\nSTATE ’’; \n(ii) by striking ‘‘but not on the Interstate Sys-\ntem’’; and inserting ‘‘, including projects on the Interstate System’’; and \n(iii) by striking ‘‘of projects’’ and all that fol-\nlows through the period at the end and insert-ing ‘‘with respect to the projects unless the Sec-retary determines that the assumption is not ap-propriate.’’; and \n(B) by striking paragraph (4) and inserting \nthe following: \n‘‘(4) L\nIMITATION ON INTERSTATE PROJECTS .— \n‘‘(A) I N GENERAL .—The Secretary shall not as-\nsign any responsibilities to a State for projects the Secretary determines to be in a high risk category, as defined under subparagraph (B). \n‘‘(B) H\nIGH RISK CATEGORIES .—The Secretary \nmay define the high risk categories under this subparagraph on a national basis, a State-by- State basis, or a national and State-by-State basis, as determined to be appropriate by the Secretary.’’; \n(3) in subsection (e)— (A) in paragraph (1)(A)— (i) in the matter preceding clause (i)— (I) by striking ‘‘concept’’ and inserting ‘‘plan-\nning’’; and \n(II) by striking ‘‘multidisciplined’’ and insert-\ning ‘‘multidisciplinary’’; and \n(ii) by striking clause (i) and inserting the fol-\nlowing: \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00314 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4473 June 28, 2012 \n‘‘(i) providing the needed functions safely, re-\nliably, and at the lowest overall lifecycle cost;’’; \n(B) in paragraph (2)— (i) in the matter preceding subparagraph (A) \nby striking ‘‘or other cost-reduction analysis’’; \n(ii) in subparagraph (A)— (I) by striking ‘‘Federal-aid system’’ and in-\nserting ‘‘National Highway System receiving Federal assistance’’; and \n(II) by striking ‘‘$25,000,000’’ and inserting \n‘‘$50,000,000’’; and \n(iii) in subparagraph (B)— (I) by inserting ‘‘on the National Highway \nSystem receiving Federal assistance’’ after ‘‘a bridge project’’; and \n(II) by striking ‘‘$20,000,000’’ and inserting \n‘‘$40,000,000’’; and \n(C) by striking paragraph (4) and inserting \nthe following: \n‘‘(4) R\nEQUIREMENTS .— \n‘‘(A) V ALUE ENGINEERING PROGRAM .—The \nState shall develop and carry out a value engi-neering program that— \n‘‘(i) establishes and documents value engi-\nneering program policies and procedures; \n‘‘(ii) ensures that the required value engineer-\ning analysis is conducted before completing the final design of a project; \n‘‘(iii) ensures that the value engineering anal-\nysis that is conducted, and the recommendations developed and implemented for each project, are documented in a final value engineering report; and \n‘‘(iv) monitors, evaluates, and annually sub-\nmits to the Secretary a report that describes the results of the value analyses that are conducted and the recommendations implemented for each of the projects described in paragraph (2) that are completed in the State. \n‘‘(B) B\nRIDGE PROJECTS .—The value engineer-\ning analysis for a bridge project under para-graph (2) shall— \n‘‘(i) include bridge superstructure and sub-\nstructure requirements based on construction material; and \n‘‘(ii) be evaluated by the State— ‘‘(I) on engineering and economic bases, tak-\ning into consideration acceptable designs for bridges; and \n‘‘(II) using an analysis of lifecycle costs and \nduration of project construction. \n‘‘(5) D\nESIGN -BUILD PROJECTS .—A requirement \nto provide a value engineering analysis under this subsection shall not apply to a project de-livered using the design-build method of con-struction.’’; \n(4) in subsection (h)— (A) in paragraph (1)(B) by inserting ‘‘, includ-\ning a phasing plan when applicable’’ after ‘‘fi-nancial plan’’; and \n(B) by striking paragraph (3) and inserting \nthe following: \n‘‘(3) F\nINANCIAL PLAN .—A financial plan— \n‘‘(A) shall be based on detailed estimates of \nthe cost to complete the project; \n‘‘(B) shall provide for the annual submission \nof updates to the Secretary that are based on reasonable assumptions, as determined by the Secretary, of future increases in the cost to com-plete the project; \n‘‘(C) may include a phasing plan that identi-\nfies fundable incremental improvements or phases that will address the purpose and the need of the project in the short term in the event there are insufficient financial resources to com-plete the entire project. If a phasing plan is adopted for a project pursuant to this section, the project shall be deemed to satisfy the fiscal constraint requirements in the statewide and metropolitan planning requirements in sections 134 and 135; and \n‘‘(D) shall assess the appropriateness of a \npublic-private partnership to deliver the project.’’; and \n(5) by adding at the end the following: ‘‘(j) U\nSE OF ADVANCED MODELING TECH-\nNOLOGIES .— \n‘‘(1) D EFINITION OF ADVANCED MODELING \nTECHNOLOGY .—In this subsection, the term ‘ad-vanced modeling technology’ means an avail-\nable or developing technology, including 3-di-mensional digital modeling, that can— \n‘‘(A) accelerate and improve the environ-\nmental review process; \n‘‘(B) increase effective public participation; ‘‘(C) enhance the detail and accuracy of \nproject designs; \n‘‘(D) increase safety; ‘‘(E) accelerate construction, and reduce con-\nstruction costs; or \n‘‘(F) otherwise expedite project delivery with \nrespect to transportation projects that receive Federal funding. \n‘‘(2) P\nROGRAM .—With respect to transpor-\ntation projects that receive Federal funding, the Secretary shall encourage the use of advanced modeling technologies during environmental, planning, financial management, design, sim-ulation, and construction processes of the projects. \n‘‘(3) A\nCTIVITIES .—In carrying out paragraph \n(2), the Secretary shall— \n‘‘(A) compile information relating to advanced \nmodeling technologies, including industry best practices with respect to the use of the tech-nologies; \n‘‘(B) disseminate to States information relat-\ning to advanced modeling technologies, includ-ing industry best practices with respect to the use of the technologies; and \n‘‘(C) promote the use of advanced modeling \ntechnologies. \n‘‘(4) C\nOMPREHENSIVE PLAN .—The Secretary \nshall develop and publish on the public website of the Department of Transportation a detailed and comprehensive plan for the implementation of paragraph (2).’’. \n(b) R\nEVIEW OF OVERSIGHT PROGRAM .— \n(1) I N GENERAL .—The Secretary shall review \nthe oversight program established under section 106(g) of title 23, United States Code, to deter-mine the efficacy of the program in monitoring the effective and efficient use of funds author-ized to carry out title 23, United States Code. \n(2) M\nINIMUM REQUIREMENTS FOR REVIEW .—At \na minimum, the review under paragraph (1) shall assess the capability of the program to— \n(A) identify projects funded under title 23, \nUnited States Code, for which there are cost or schedule overruns; and \n(B) evaluate the extent of such overruns. (3) R\nEPORT TO CONGRESS .—Not later than 2 \nyears after the date of enactment of this Act, the Secretary shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Envi-ronment and Public Works of the Senate a re-port on the results of the review conducted under paragraph (1), which shall include rec-ommendations for legislative changes to improve the oversight program established under section 106(g) of title 23, United States Code. \n(c) T\nRANSPARENCY AND ACCOUNTABILITY .— \n(1) D ATA COLLECTION .—The Secretary shall \ncompile and make available on the public website of the Department of Transportation the annual expenditure data for funds made avail-able under title 23 and chapter 53 of title 49, United States Code. \n(2) R\nEQUIREMENTS .—In carrying out para-\ngraph (1), the Secretary shall ensure that the data made available on the public website of the Department of Transportation— \n(A) is organized by project and State; (B) to the maximum extent practicable, is up-\ndated regularly to reflect the current status of obligations, expenditures, and Federal-aid projects; and \n(C) can be searched and downloaded by users \nof the website. \n(3) R\nEPORT TO CONGRESS .—The Secretary shall \nannually submit to the Committee on Transpor-tation and Infrastructure of the House of Rep-resentatives and the Committee on Environment and Public Works and the Committee on Bank-ing, Housing, and Urban Affairs of the Senate a report containing a summary of the data de-scribed in paragraph (1) for the 1-year period \nending on the date on which the report is sub-mitted. \nSEC. 1504. STANDARDS. \nSection 109 of title 23, United States Code, is \namended by adding at the end the following: \n‘‘(r) P AVEMENT MARKINGS .—The Secretary \nshall not approve any pavement markings project that includes the use of glass beads con-taining more than 200 parts per million of ar-senic or lead, as determined in accordance with Environmental Protection Agency testing meth-ods 3052, 6010B, or 6010C.’’. \nSEC. 1505. JUSTIFICATION REPORTS FOR ACCESS \nPOINTS ON THE INTERSTATE SYS-TEM. \nSection 111 of title 23, United States Code, is \namended by adding at the end the following: \n‘‘(e) J USTIFICATION REPORTS .—If the Secretary \nrequests or requires a justification report for a project that would add a point of access to, or exit from, the Interstate System, the Secretary may permit a State transportation department to approve the report.’’. \nSEC. 1506. CONSTRUCTION. \nSection 114(b) of title 23, United States Code, \nis amended— \n(1) in subsection (b)— (A) by striking paragraph (1) and inserting \nthe following: \n‘‘(1) L\nIMITATION ON CONVICT LABOR .—Convict \nlabor shall not be used in construction of Fed-eral-aid highways or portions of Federal-aid highways unless the labor is performed by con-victs who are on parole, supervised release, or probation.’’; and \n(B) in paragraph (3) by inserting ‘‘in existence \nduring that period’’ after ‘‘located on a Federal- aid system’’; and \n(2) by adding at the end the following: ‘‘(d) V\nETERANS EMPLOYMENT .—– \n‘‘(1) I N GENERAL .—Subject to paragraph (2), a \nrecipient of Federal financial assistance under this chapter shall, to the extent practicable, en-courage contractors working on a highway project funded using the assistance to make a best faith effort in the hiring or referral of la-borers on any project for the construction of a highway to veterans (as defined in section 2108 of title 5) who have the requisite skills and abili-ties to perform the construction work required under the contract. \n‘‘(2) A\nDMINISTRATION .—This subsection shall \nnot— \n‘‘(A) apply to projects subject to section \n140(d); or \n‘‘(B) be administered or enforced in any man-\nner that would require an employer to give a preference to any veteran over any equally qualified applicant who is a member of any ra-cial or ethnic minority, a female, or any equally qualified former employee.’’. \nSEC. 1507. MAINTENANCE. \nSection 116 of title 23, United States Code, is \namended— \n(1) by redesignating subsections (a) through \n(d) as subsections (b) through (e), respectively; \n(2) by inserting before subsection (b) (as so re-\ndesignated) the following: \n‘‘(a) D EFINITIONS .—In this section, the fol-\nlowing definitions apply: \n‘‘(1) P REVENTIVE MAINTENANCE .—The term \n‘preventive maintenance’ includes pavement preservation programs and activities. \n‘‘(2) P\nAVEMENT PRESERVATION PROGRAMS AND \nACTIVITIES .—The term ‘pavement preservation \nprograms and activities’ means programs and activities employing a network level, long-term strategy that enhances pavement performance by using an integrated, cost-effective set of practices that extend pavement life, improve safety, and meet road user expectations.’’; \n(3) in subsection (b) (as so redesignated)— (A) in the first sentence, by inserting ‘‘or \nother direct recipient’’ before ‘‘to maintain’’; and \n(B) by striking the second sentence; \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00315 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4474 June 28, 2012 \n(4) by striking subsection (c) (as so redesig-\nnated) and inserting the following: \n‘‘(c) A GREEMENT .—In any State in which the \nState transportation department or other direct recipient is without legal authority to maintain a project described in subsection (b), the trans-portation department or direct recipient shall enter into a formal agreement with the appro-priate officials of the county or municipality in which the project is located to provide for the maintenance of the project.’’; and \n(5) in the first sentence of subsection (d) (as so \nredesignated) by inserting ‘‘or other direct re-cipient’’ after ‘‘State transportation depart-ment’’. \nSEC. 1508. FEDERAL SHARE PAYABLE. \nSection 120 of title 23, United States Code, is \namended— \n(1) in the first sentence of subsection (c)(1)— (A) by inserting ‘‘maintaining minimum levels \nof retroreflectivity of highway signs or pavement markings,’’ after ‘‘traffic control signaliza-tion,’’; \n(B) by inserting ‘‘shoulder and centerline \nrumble strips and stripes,’’ after ‘‘pavement marking,’’; and \n(C) by striking ‘‘Federal-aid systems’’ and in-\nserting ‘‘Federal-aid programs’’; \n(2) by striking subsection (e) and inserting the \nfollowing: \n‘‘(e) E\nMERGENCY RELIEF .—The Federal share \npayable for any repair or reconstruction pro-vided for by funds made available under section 125 for any project on a Federal-aid highway, including the Interstate System, shall not exceed the Federal share payable on a project on the system as provided in subsections (a) and (b), except that— \n‘‘(1) the Federal share payable for eligible \nemergency repairs to minimize damage, protect facilities, or restore essential traffic accom-plished within 180 days after the actual occur-rence of the natural disaster or catastrophic failure may amount to 100 percent of the cost of the repairs; \n‘‘(2) the Federal share payable for any repair \nor reconstruction of Federal land transportation facilities, Federal land access transportation fa-cilities, and tribal transportation facilities may amount to 100 percent of the cost of the repair or reconstruction; \n‘‘(3) the Secretary shall extend the time period \nin paragraph (1) taking into consideration any delay in the ability of the State to access dam-aged facilities to evaluate damage and the cost of repair; and \n‘‘(4) the Federal share payable for eligible per-\nmanent repairs to restore damaged facilities to predisaster condition may amount to 90 percent of the cost of the repairs if the eligible expenses incurred by the State due to natural disasters or catastrophic failures in a Federal fiscal year ex-ceeds the annual apportionment of the State under section 104 for the fiscal year in which the disasters or failures occurred.’’; \n(3) by striking subsection (g) and redesig-\nnating subsections (h) through (l) as subsections (g) through (k), respectively; \n(4) in subsection (i)(1)(A) (as redesignated by \nparagraph (3)) by striking ‘‘and the Appa-lachian development highway system program under section 14501 of title 40’’; and \n(5) by striking subsections (j) and (k) (as re-\ndesignated by paragraph (3)) and inserting the following: \n‘‘(j) U\nSE OF FEDERAL AGENCY FUNDS.—Not-\nwithstanding any other provision of law, any Federal funds other than those made available under this title and title 49 may be used to pay the non-Federal share of the cost of any trans-portation project that is within, adjacent to, or provides access to Federal land, the Federal share of which is funded under this title or chapter 53 of title 49. \n‘‘(k) U\nSE OF FEDERAL LAND AND TRIBAL \nTRANSPORTATION FUNDS.—Notwithstanding any \nother provision of law, the funds authorized to be appropriated to carry out the tribal transpor-\ntation program under section 202 and the Fed-eral lands transportation program under section 203 may be used to pay the non-Federal share of the cost of any project that is funded under this title or chapter 53 of title 49 and that provides access to or within Federal or tribal land.’’. \nSEC. 1509. TRANSFERABILITY OF FEDERAL-AID \nHIGHWAY FUNDS. \n(a) I NGENERAL .—Section 126 of title 23, \nUnited States Code, is amended to read as fol-lows: \n‘‘§ 126. Transferability of Federal-aid highway \nfunds \n‘‘(a) I\nNGENERAL .—Notwithstanding any other \nprovision of law, subject to subsection (b), a State may transfer from an apportionment under section 104(b) not to exceed 50 percent of the amount apportioned for the fiscal year to any other apportionment of the State under that section. \n‘‘(b) A\nPPLICATION TO CERTAIN SET-ASIDES .— \n‘‘(1) I N GENERAL .—Funds that are subject to \nsections 104(d) and 133(d) shall not be trans-ferred under this section. \n‘‘(2) F\nUNDS TRANSFERRED BY STATES .—Funds \ntransferred by a State under this section of the funding reserved for the State under section 213 for a fiscal year may only come from the portion of those funds that are available for obligation in any area of the State under section 213(c)(1)(B).’’. \n(b) C\nONFORMING AMENDMENT .—The analysis \nfor chapter 1 of title 23, United States Code, is amended by striking the item relating to section 126 and inserting the following: \n‘‘126. Transferability of Federal-aid highway \nfunds.’’. \nSEC. 1510. IDLE REDUCTION TECHNOLOGY. \nSection 127(a)(12) of title 23, United States \nCode, is amended— \n(1) in subparagraph (B), by striking ‘‘400’’ \nand inserting ‘‘550’’; and \n(2) in subparagraph (C)(ii), by striking ‘‘400- \npound’’ and inserting ‘‘550-pound’’. \nSEC. 1511. SPECIAL PERMITS DURING PERIODS \nOF NATIONAL EMERGENCY. \nSection 127 of title 23, United States Code, is \namended by inserting at the end the following: \n‘‘(i) S PECIAL PERMITS DURING PERIODS OF NA-\nTIONAL EMERGENCY .— \n‘‘(1) I N GENERAL .—Notwithstanding any other \nprovision of this section, a State may issue spe-cial permits during an emergency to overweight vehicles and loads that can easily be dismantled or divided if— \n‘‘(A) the President has declared the emergency \nto be a major disaster under the Robert T. Staf-ford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.); \n‘‘(B) the permits are issued in accordance with \nState law; and \n‘‘(C) the permits are issued exclusively to vehi-\ncles and loads that are delivering relief supplies. \n‘‘(2) E\nXPIRATION .—A permit issued under \nparagraph (1) shall expire not later than 120 days after the date of the declaration of emer-gency under subparagraph (A) of that para-graph.’’. \nSEC. 1512. TOLLING. \n(a) A MENDMENT TO TOLLING PROVISION .—Sec-\ntion 129(a) of title 23, United States Code, is amended to read as follows: \n‘‘(a) B\nASICPROGRAM .— \n‘‘(1) A UTHORIZATION FOR FEDERAL PARTICIPA -\nTION.—Subject to the provisions of this section, \nFederal participation shall be permitted on the same basis and in the same manner as construc-tion of toll-free highways is permitted under this chapter in the— \n‘‘(A) initial construction of a toll highway, \nbridge, or tunnel or approach to the highway, bridge, or tunnel; \n‘‘(B) initial construction of 1 or more lanes or \nother improvements that increase capacity of a highway, bridge, or tunnel (other than a high-way on the Interstate System) and conversion of \nthat highway, bridge, or tunnel to a tolled facil-ity, if the number of toll-free lanes, excluding auxiliary lanes, after the construction is not less than the number of toll-free lanes, excluding auxiliary lanes, before the construction; \n‘‘(C) initial construction of 1 or more lanes or \nother improvements that increase the capacity of a highway, bridge, or tunnel on the Inter-state System and conversion of that highway, bridge, or tunnel to a tolled facility, if the num-ber of toll-free non-HOV lanes, excluding auxil-iary lanes, after such construction is not less than the number of toll-free non-HOV lanes, ex-cluding auxiliary lanes, before such construc-tion; \n‘‘(D) reconstruction, resurfacing, restoration, \nrehabilitation, or replacement of a toll highway, bridge, or tunnel or approach to the highway, bridge, or tunnel; \n‘‘(E) reconstruction or replacement of a toll- \nfree bridge or tunnel and conversion of the bridge or tunnel to a toll facility; \n‘‘(F) reconstruction of a toll-free Federal-aid \nhighway (other than a highway on the Inter-state System) and conversion of the highway to a toll facility; \n‘‘(G) reconstruction, restoration, or rehabilita-\ntion of a highway on the Interstate System if the number of toll-free non-HOV lanes, exclud-ing auxiliary lanes, after reconstruction, res-toration, or rehabilitation is not less than the number of toll-free non-HOV lanes, excluding auxiliary lanes, before reconstruction, restora-tion, or rehabilitation; \n‘‘(H) conversion of a high occupancy vehicle \nlane on a highway, bridge, or tunnel to a toll facility; and \n‘‘(I) preliminary studies to determine the fea-\nsibility of a toll facility for which Federal par-ticipation is authorized under this paragraph. \n‘‘(2) O\nWNERSHIP .—Each highway, bridge, tun-\nnel, or approach to the highway, bridge, or tun-nel constructed under this subsection shall— \n‘‘(A) be publicly owned; or ‘‘(B) be privately owned if the public author-\nity with jurisdiction over the highway, bridge, tunnel, or approach has entered into a contract with 1 or more private persons to design, fi-nance, construct, and operate the facility and the public authority will be responsible for com-plying with all applicable requirements of this title with respect to the facility. \n‘‘(3) L\nIMITATIONS ON USE OF REVENUES .— \n‘‘(A) I N GENERAL .—A public authority with ju-\nrisdiction over a toll facility shall use all toll revenues received from operation of the toll fa-cility only for— \n‘‘(i) debt service with respect to the projects on \nor for which the tolls are authorized, including funding of reasonable reserves and debt service on refinancing; \n‘‘(ii) a reasonable return on investment of any \nprivate person financing the project, as deter-mined by the State or interstate compact of States concerned; \n‘‘(iii) any costs necessary for the improvement \nand proper operation and maintenance of the toll facility, including reconstruction, resur-facing, restoration, and rehabilitation; \n‘‘(iv) if the toll facility is subject to a public- \nprivate partnership agreement, payments that the party holding the right to toll revenues owes to the other party under the public-private part-nership agreement; and \n‘‘(v) if the public authority certifies annually \nthat the tolled facility is being adequately main-tained, any other purpose for which Federal funds may be obligated by a State under this title. \n‘‘(B) A\nNNUAL AUDIT .— \n‘‘(i) I N GENERAL .—A public authority with ju-\nrisdiction over a toll facility shall conduct or have an independent auditor conduct an an-nual audit of toll facility records to verify ade-quate maintenance and compliance with sub-paragraph (A), and report the results of the au-dits to the Secretary. \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00316 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4475 June 28, 2012 \n‘‘(ii) R ECORDS .—On reasonable notice, the \npublic authority shall make all records of the public authority pertaining to the toll facility available for audit by the Secretary. \n‘‘(C) N\nONCOMPLIANCE .—If the Secretary con-\ncludes that a public authority has not complied with the limitations on the use of revenues de-scribed in subparagraph (A), the Secretary may require the public authority to discontinue col-lecting tolls until an agreement with the Sec-retary is reached to achieve compliance with the limitation on the use of revenues described in subparagraph (A). \n‘‘(4) L\nIMITATIONS ON CONVERSION OF HIGH OC -\nCUPANCY VEHICLE FACILITIES ON INTERSTATE SYS -\nTEM.— \n‘‘(A) I N GENERAL .—A public authority with ju-\nrisdiction over a high occupancy vehicle facility on the Interstate System may undertake recon-struction, restoration, or rehabilitation under paragraph (1)(G) on the facility, and may levy tolls on vehicles, excluding high occupancy ve-hicles, using the reconstructed, restored, or re-habilitated facility, if the public authority— \n‘‘(i) in the case of a high occupancy vehicle \nfacility that affects a metropolitan area, submits to the Secretary a written assurance that the metropolitan planning organization designated under section 5203 of title 49 for the area has been consulted concerning the placement and amount of tolls on the converted facility; \n‘‘(ii) develops, manages, and maintains a sys-\ntem that will automatically collect the toll; and \n‘‘(iii) establishes policies and procedures— ‘‘(I) to manage the demand to use the facility \nby varying the toll amount that is charged; and \n‘‘(II) to enforce sanctions for violations of use \nof the facility. \n‘‘(B) E\nXEMPTION FROM TOLLS .—In levying \ntolls on a facility under subparagraph (A), a public authority may designate classes of vehi-cles that are exempt from the tolls or charge dif-ferent toll rates for different classes of vehicles. \n‘‘(5) S\nPECIAL RULE FOR FUNDING .— \n‘‘(A) I N GENERAL .—In the case of a toll facility \nunder the jurisdiction of a public authority of a State (other than the State transportation de-partment), on request of the State transpor-tation department and subject to such terms and conditions as the department and public author-ity may agree, the Secretary, working through the State department of transportation, shall re-imburse the public authority for the Federal share of the costs of construction of the project carried out on the toll facility under this sub-section in the same manner and to the same ex-tent as the department would be reimbursed if the project was being carried out by the depart-ment. \n‘‘(B) S\nOURCE .—The reimbursement of funds \nunder this paragraph shall be from sums appor-tioned to the State under this chapter and avail-able for obligations on projects on the Federal- aid system in the State on which the project is being carried out. \n‘‘(6) L\nIMITATION ON FEDERAL SHARE .—The \nFederal share payable for a project described in paragraph (1) shall be a percentage determined by the State, but not to exceed 80 percent. \n‘‘(7) M\nODIFICATIONS .—If a public authority \n(including a State transportation department) with jurisdiction over a toll facility subject to an agreement under this section or section 119(e), as in effect on the day before the effective date of title I of the Intermodal Surface Transpor-tation Efficiency Act of 1991 (105 Stat. 1915), re-quests modification of the agreement, the Sec-retary shall modify the agreement to allow the continuation of tolls in accordance with para-graph (3) without repayment of Federal funds. \n‘‘(8) L\nOANS.— \n‘‘(A) I N GENERAL .— \n‘‘(i) L OANS.—Using amounts made available \nunder this title, a State may loan to a public or private entity constructing or proposing to con-struct under this section a toll facility or non- toll facility with a dedicated revenue source an amount equal to all or part of the Federal share of the cost of the project if the project has a rev-\nenue source specifically dedicated to the project. \n‘‘(ii) D\nEDICATED REVENUE SOURCES .—Dedi-\ncated revenue sources for non-toll facilities in-clude excise taxes, sales taxes, motor vehicle use fees, tax on real property, tax increment financ-ing, and such other dedicated revenue sources as the Secretary determines appropriate. \n‘‘(B) C\nOMPLIANCE WITH FEDERAL LAWS .—As a \ncondition of receiving a loan under this para-graph, the public or private entity that receives the loan shall ensure that the project will be carried out in accordance with this title and any other applicable Federal law, including any applicable provision of a Federal environmental law. \n‘‘(C) S\nUBORDINATION OF DEBT .—The amount \nof any loan received for a project under this paragraph may be subordinated to any other debt financing for the project. \n‘‘(D) O\nBLIGATION OF FUNDS LOANED .—Funds \nloaned under this paragraph may only be obli-gated for projects under this paragraph. \n‘‘(E) R\nEPAYMENT .—The repayment of a loan \nmade under this paragraph shall commence not later than 5 years after date on which the facil-ity that is the subject of the loan is open to traf-fic. \n‘‘(F) T\nERM OF LOAN .—The term of a loan \nmade under this paragraph shall not exceed 30 years from the date on which the loan funds are obligated. \n‘‘(G) I\nNTEREST .—A loan made under this \nparagraph shall bear interest at or below market interest rates, as determined by the State, to make the project that is the subject of the loan feasible. \n‘‘(H) R\nEUSE OF FUNDS .—Amounts repaid to a \nState from a loan made under this paragraph may be obligated— \n‘‘(i) for any purpose for which the loan funds \nwere available under this title; and \n‘‘(ii) for the purchase of insurance or for use \nas a capital reserve for other forms of credit en-hancement for project debt in order to improve credit market access or to lower interest rates for projects eligible for assistance under this title. \n‘‘(I) G\nUIDELINES .—The Secretary shall estab-\nlish procedures and guidelines for making loans under this paragraph. \n‘‘(9) S\nTATE LAW PERMITTING TOLLING .—If a \nState does not have a highway, bridge, or tun-nel toll facility as of the date of enactment of the MAP–21, before commencing any activity authorized under this section, the State shall have in effect a law that permits tolling on a highway, bridge, or tunnel. \n‘‘(10) D\nEFINITIONS .—In this subsection, the \nfollowing definitions apply: \n‘‘(A) H IGH OCCUPANCY VEHICLE ; HOV.—The \nterm ‘high occupancy vehicle’ or ‘HOV’ means a vehicle with not fewer than 2 occupants. \n‘‘(B) I\nNITIAL CONSTRUCTION .— \n‘‘(i) I N GENERAL .—The term ‘initial construc-\ntion’ means the construction of a highway, bridge, tunnel, or other facility at any time be-fore it is open to traffic. \n‘‘(ii) E\nXCLUSIONS .—The term ‘initial construc-\ntion’ does not include any improvement to a highway, bridge, tunnel, or other facility after it is open to traffic. \n‘‘(C) P\nUBLIC AUTHORITY .—The term ‘public \nauthority’ means a State, interstate compact of \nStates, or public entity designated by a State. \n‘‘(D) T OLL FACILITY .—The term ‘toll facility’ \nmeans a toll highway, bridge, or tunnel or ap-proach to the highway, bridge, or tunnel con-structed under this subsection.’’. \n(b) E\nLECTRONIC TOLLCOLLECTION INTEROPER -\nABILITY REQUIREMENTS .—Not later than 4 years \nafter the date of enactment of this Act, all toll facilities on the Federal-aid highways shall im-plement technologies or business practices that provide for the interoperability of electronic toll collection programs. \nSEC. 1513. MISCELLANEOUS PARKING AMEND-\nMENTS. \n(a) F RINGE AND CORRIDOR PARKING FACILI -\nTIES.—Section 137 of title 23, United States \nCode, is amended— (1) in subsection (f)(1)— \n(A) by striking ‘‘104(b)(4)’’ and inserting \n‘‘104(b)(1)’’; and \n(B) by inserting ‘‘including the addition of \nelectric vehicle charging stations or natural gas \nvehicle refueling stations,’’ after ‘‘new facili-ties,’’; and \n(2) by adding at the end the following: ‘‘(g) F\nUNDING .—The addition of electric vehi-\ncle charging stations or natural gas vehicle re-fueling stations to new or previously funded parking facilities shall be eligible for funding under this section.’’. \n(b) P\nUBLIC TRANSPORTATION .—Section \n142(a)(1) of title 23, United States Code, is amended by inserting ‘‘, which may include electric vehicle charging stations or natural gas vehicle refueling stations,’’ after ‘‘parking fa-cilities’’. \n(c) F\nOREST DEVELOPMENT ROADS AND \nTRAILS .—Section 205(d) of title 23, United States \nCode, is amended by inserting ‘‘, which may in-clude electric vehicle charging stations or nat-ural gas vehicle refueling stations,’’ after ‘‘parking areas’’. \nSEC. 1514. HOV FACILITIES. \nSection 166 of title 23, United States Code, is \namended— \n(1) in subsection (b)(5)— (A) in subparagraph (A) by striking ‘‘2009’’ \nand inserting ‘‘2017’’; \n(B) in subparagraph (B) by striking ‘‘2009’’ \nand inserting ‘‘2017’’; and \n(C) in subparagraph (C)— (i) by striking ‘‘subparagraph (B)’’ and insert-\ning ‘‘this paragraph’’; and \n(ii) by inserting ‘‘or equal to’’ after ‘‘less \nthan’’; \n(2) in subsection (c) by striking paragraph (3) \nand inserting the following: \n‘‘(3) T\nOLL REVENUE .—Toll revenue collected \nunder this section is subject to the requirements of section 129(a)(3).’’; and \n(3) in subsection (d)(1)— (A) in the matter preceding subparagraph \n(A)— \n(i) by striking ‘‘in a fiscal year shall certify’’ \nand inserting ‘‘shall submit to the Secretary a report demonstrating that the facility is not al-ready degraded, and that the presence of the ve-hicles will not cause the facility to become de-graded, and certify’’; and \n(ii) by striking ‘‘in the fiscal year’’; (B) in subparagraph (A) by inserting ‘‘and \nsubmitting to the Secretary annual reports of those impacts’’ after ‘‘adjacent highways’’; \n(C) in subparagraph (C) by striking ‘‘if the \npresence of the vehicles has degraded the oper-ation of the facility’’ and inserting ‘‘whenever the operation of the facility is degraded’’; and \n(D) by adding at the end the following: ‘‘(D) M\nAINTENANCE OF OPERATING PERFORM -\nANCE.—Not later than 180 days after the date on \nwhich a facility is degraded pursuant to the standard specified in paragraph (2), the State agency with jurisdiction over the facility shall bring the facility into compliance with the min-imum average operating speed performance standard through changes to operation of the facility, including— \n‘‘(i) increasing the occupancy requirement for \nHOV lanes; \n‘‘(ii) varying the toll charged to vehicles al-\nlowed under subsection (b) to reduce demand; \n‘‘(iii) discontinuing allowing non-HOV vehi-\ncles to use HOV lanes under subsection (b); or \n‘‘(iv) increasing the available capacity of the \nHOV facility. \n‘‘(E) C\nOMPLIANCE .—If the State fails to bring \na facility into compliance under subparagraph (D), the Secretary shall subject the State to ap-propriate program sanctions under section 1.36 of title 23, Code of Federal Regulations (or suc-cessor regulations), until the performance is no longer degraded.’’. \nSEC. 1515. FUNDING FLEXIBILITY FOR TRANSPOR-\nTATION EMERGENCIES. \n(a) I NGENERAL .—Chapter 1 of title 23, United \nStates Code (as amended by section 1311(a)), is amended by adding at the end the following: \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00317 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4476 June 28, 2012 \n‘‘§ 170. Funding flexibility for transportation \nemergencies \n‘‘(a) I NGENERAL .—Notwithstanding any other \nprovision of law, a State may use up to 100 per-cent of any covered funds of the State to repair or replace a transportation facility that has suf-fered serious damage as a result of a natural disaster or catastrophic failure from an external cause. \n‘‘(b) D\nECLARATION OF EMERGENCY .—Funds \nmay be used under this section only for a dis-aster or emergency declared by the President pursuant to the Robert T. Stafford Disaster Re-lief and Emergency Assistance Act (42 U.S.C. 5121 et seq.). \n‘‘(c) R\nEPAYMENT .—Funds used under sub-\nsection (a) shall be repaid to the program from which the funds were taken in the event that such repairs or replacement are subsequently covered by a supplemental appropriation of funds. \n‘‘(d) D\nEFINITIONS .—In this section, the fol-\nlowing definitions apply: \n‘‘(1) C OVERED FUNDS .—The term ‘covered \nfunds’ means any amounts apportioned to a State under section 104(b), other than amounts suballocated to metropolitan areas and other areas of the State under section 133(d), but in-cluding any such amounts required to be set aside for a purpose other than the repair or re-placement of a transportation facility under this section. \n‘‘(2) T\nRANSPORTATION FACILITY .—The term \n‘transportation facility’ means any facility eligi-ble for assistance under section 125.’’. \n(b) T\nECHNICAL AND CONFORMING AMEND -\nMENT .—The analysis for chapter 1 of title 23, \nUnited States Code (as amended by section 1311(b)), is amended by adding at the end the following: \n‘‘170. Funding flexibility for transportation \nemergencies.’’. \nSEC. 1516. DEFENSE ACCESS ROAD PROGRAM EN-\nHANCEMENTS TO ADDRESS TRANS-PORTATION INFRASTRUCTURE IN THE VICINITY OF MILITARY INSTAL-LATIONS. \nThe second sentence of section 210(a)(2) of \ntitle 23, United States Code, is amended by in-serting ‘‘, in consultation with the Secretary of Transportation,’’ before ‘‘shall determine’’. \nSEC. 1517. MAPPING. \n(a) I NGENERAL .—Section 306 of title 23, \nUnited States Code, is amended— \n(1) in subsection (a) by striking ‘‘may’’ and \ninserting ‘‘shall’’; \n(2) in subsection (b) in the second sentence by \nstriking ‘‘State and’’ and inserting ‘‘State gov-ernment and’’; and \n(3) by adding at the end the following: ‘‘(c) I\nMPLEMENTATION .—The Secretary shall \ndevelop a process for the oversight and moni-toring, on an annual basis, of the compliance of each State with the guidance issued under sub-section (b).’’. \n(b) S\nURVEY .—Not later than 2 years after the \ndate of enactment of this Act, the Secretary shall conduct a survey of all States to determine what percentage of projects carried out under title 23, United States Code, in each State utilize private sector sources for surveying and map-ping services. \nSEC. 1518. BUY AMERICA PROVISIONS. \nSection 313 of title 23, United States Code, is \namended by adding at the end the following: \n‘‘(g) A PPLICATION TO HIGHWAY PROGRAMS .— \nThe requirements under this section shall apply to all contracts eligible for assistance under this chapter for a project carried out within the scope of the applicable finding, determination, or decision under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), re-gardless of the funding source of such contracts, if at least 1 contract for the project is funded with amounts made available to carry out this title.’’. SEC. 1519. CONSOLIDATION OF PROGRAMS; RE-\nPEAL OF OBSOLETE PROVISIONS. \n(a) C ONSOLIDATION OF PROGRAMS .—From ad-\nministrative funds made available under section 104(a) of title 23, United States Code, not less than $3,000,000 for each of fiscal years 2013 and 2014 shall be made available— \n(1) to carry out safety-related activities, in-\ncluding— \n(A) to carry out the operation lifesaver pro-\ngram— \n(i) to provide public information and edu-\ncation programs to help prevent and reduce motor vehicle accidents, injuries, and fatalities; and \n(ii) to improve driver performance at railway- \nhighway crossings; and \n(B) to provide work zone safety grants in ac-\ncordance with subsections (a) and (b) of section 1409 of the SAFETEA–LU (23 U.S.C. 401 note; 119 Stat. 1232); and \n(2) to operate authorized safety-related clear-\ninghouses, including— \n(A) the national work zone safety information \nclearinghouse authorized by section 358(b)(2) of the National Highway System Designation Act of 1995 (23 U.S.C. 401 note; 109 Stat. 625); and \n(B) a public road safety clearinghouse in ac-\ncordance with section 1411(a) of the SAFETEA– LU (23 U.S.C. 402 note; 119 Stat. 1234). \n(b) R\nEPEALS .— \n(1) T ITLE 23 .— \n(A) I N GENERAL .—Sections 105, 110, 117, 124, \n151, 155, 157, 160, 212, 216, 303, and 309 of title 23, United States Code, are repealed. \n(B) S\nET ASIDES .—Section 118 of title 23, United \nStates Code, is amended— \n(i) by striking subsection (c); and (ii) by redesignating subsections (d) and (e) as \nsubsections (c) and (d), respectively. \n(2) SAFETEA–LU.—Sections 1302, 1305, 1306, \n1803, 1804, 1907, and 1958 of SAFETEA–LU (Public Law 109–59) are repealed. \n(3) A\nDDITIONAL .—Section 1132 of the Energy \nIndependence and Security Act of 2007 (Public Law 110–140; 121 Stat. 1763) is repealed. \n(c) C\nONFORMING AMENDMENTS .— \n(1) T ITLE ANALYSIS .— \n(A) C HAPTER 1 .—The analysis for chapter 1 of \ntitle 23, United States Code, is amended by strik-ing the items relating to sections 105, 110, 117, 124, 151, 155, 157, and 160. \n(B) C\nHAPTER 2 .—The analysis for chapter 2 of \ntitle 23, United States Code, is amended by strik-ing the items relating to sections 212 and 216. \n(C) C\nHAPTER 3 .—The analysis for chapter 3 of \ntitle 23, United States Code, is amended by strik-ing the items relating to sections 303 and 309. \n(2) T\nABLE OF CONTENTS .—The table of con-\ntents contained in section 1(b) of SAFETEA–LU (Public Law 109–59; 119 Stat. 1144) is amended by striking the items relating to sections 1302, 1305, 1306, 1803, 1804, 1907, and 1958. \n(3) S\nECTION 104 .—Section 104(e) of title 23, \nUnited States Code, is amended by striking ‘‘, 105,’’. \n(4) S\nECTION 109 .—Section 109(q) of title 23, \nUnited States Code, is amended by striking ‘‘in accordance with section 303 or’’. \n(5) S\nECTION 118 .—Section 118(b) of title 23, \nUnited States Code, is amended— \n(A) by striking paragraph (1) and all that fol-\nlows through the heading of paragraph (2); and \n(B) by striking ‘‘(other than for Interstate \nconstruction)’’. \n(6) S ECTION 130 .—Section 130 of title 23, United \nStates Code, is amended— \n(A) in subsection (e) by striking ‘‘section \n104(b)(5)’’ and inserting ‘‘section 104(b)(3)’’; \n(B) in subsection (f)(1) by inserting ‘‘as in ef-\nfect on the day before the date of enactment of the MAP–21’’ after ‘‘section 104(b)(3)(A)’’; and \n(C) in subsection (l) by striking paragraphs (3) \nand (4). \n(7) S\nECTION 131 .—Section 131(m) of title 23, \nUnited States Code, is amended by striking ‘‘Subject to approval by the Secretary in accord-ance with the program of projects approval process of section 105, a State’’ and inserting ‘‘A \nState’’. \n(8) S\nECTION 133 .—Paragraph (13) of section \n133(b) of title 23, United States Code (as amend-ed by section 1108(a)(3)), is amended by striking ‘‘under section 303.’’ \n(9) S\nECTION 142 .—Section 142 of title 23, United \nStates Code, is amended— \n(A) in subsection (a)— (i) in paragraph (1)— (I) by striking ‘‘motor vehicles (other than \nrail)’’ and inserting ‘‘buses’’; \n(II) by striking ‘‘(hereafter in this section re-\nferred to as ‘buses’)’’; \n(III) by striking ‘‘Federal-aid systems’’ and \ninserting ‘‘Federal-aid highways’’; and \n(IV) by striking ‘‘Federal-aid system’’ and in-\nserting ‘‘Federal-aid highway’’; and \n(ii) in paragraph (2)— (I) by striking ‘‘as a project on the the surface \ntransportation program for’’; and \n(II) by striking ‘‘section 104(b)(3)’’ and insert-\ning ‘‘section 104(b)(2)’’; \n(B) in subsection (b) by striking ‘‘104(b)(4)’’ \nand inserting ‘‘104(b)(1)’’; \n(C) in subsection (c)— (i) by striking ‘‘system’’ in each place it ap-\npears and inserting ‘‘highway’’; and \n(ii) by striking ‘‘highway facilities’’ and in-\nserting ‘‘highways eligible under the program that is the source of the funds’’; \n(D) in subsection (e)(2) by striking ‘‘Notwith-\nstanding section 209(f)(1) of the Highway Rev-enue Act of 1956, the Highway Trust Fund shall be available for making expenditures to meet ob-ligations resulting from projects authorized by subsection (a)(2) of this section and such projects’’ and inserting ‘‘Projects authorized by subsection (a)(2)’’; and \n(E) in subsection (f) by striking ‘‘exits’’ and \ninserting ‘‘exists’’. \n(10) S\nECTION 145 .—Section 145(b) of title 23, \nUnited States Code, is amended by striking ‘‘sec-tion 117 of this title,’’. \n(11) S\nECTION 218 .—Section 218 of title 23, \nUnited States Code, is amended— \n(A) in subsection (a)— (i) by striking the first two sentences; (ii) in the third sentence— (I) by striking ‘‘, in addition to such funds,’’; \nand \n(II) by striking ‘‘such highway or’’; (iii) by striking the fourth sentence and fifth \nsentences; \n(B) by striking subsection (b); and (C) by redesignating subsection (c) as sub-\nsection (b). \n(12) S\nECTION 610 .—Section 610(d)(1)(B) of title \n23, United States Code, is amended by striking ‘‘under section 105’’. \nSEC. 1520. DENALI COMMISSION. \nThe Denali Commission Act of 1998 (42 U.S.C. \n3121 note) is amended— \n(1) in section 305, by striking subsection (c) \nand inserting the following: \n‘‘(c) G IFTS.— \n‘‘(1) I N GENERAL .—Except as provided in para-\ngraph (2), the Commission, on behalf of the United States, may accept use, and dispose of gifts or donations of services, property, or money for purposes of carrying out this Act. \n‘‘(2) C\nONDITIONAL .—With respect to condi-\ntional gifts— \n‘‘(A)(i) the Commission, on behalf of the \nUnited States, may accept conditional gifts for purposes of carrying out this Act, if approved by the Federal Cochairperson; and \n‘‘(ii) the principal of and income from any \nsuch conditional gift shall be held, invested, re-invested, and used in accordance with the con-dition applicable to the gift; but \n‘‘(B) no gift shall be accepted that is condi-\ntioned on any expenditure not to be funded from the gift or from the income generated by the gift unless the expenditure has been approved by Act of Congress.’’; and \n(2) by adding at the end the following: \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00318 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4477 June 28, 2012 \n‘‘SEC. 311. TRANSFER OF FUNDS FROM OTHER \nFEDERAL AGENCIES. \n‘‘(a) I NGENERAL .—Subject to subsection (c), \nfor purposes of this Act, the Commission may accept transfers of funds from other Federal agencies. \n‘‘(b) T\nRANSFERS .—Any Federal agency au-\nthorized to carry out an activity that is within the authority of the Commission may transfer to the Commission any appropriated funds for the activity. \n‘‘(c) T\nREATMENT .—Any funds transferred to \nthe Commission under this subsection— \n‘‘(1) shall remain available until expended; \nand \n‘‘(2) may, to the extent necessary to carry out \nthis Act, be transferred to, and merged with, the amounts made available by appropriations Acts for the Commission by the Federal Cochair-person.’’. \nSEC. 1521. UNIFORM RELOCATION ASSISTANCE \nAND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970 AMEND-MENTS. \n(a) M OVING AND RELATED EXPENSES .—Section \n202 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4622) is amended— \n(1) in subsection (a)(4) by striking ‘‘$10,000’’ \nand inserting ‘‘$25,000, as adjusted by regula-tion, in accordance with section 213(d)’’; and \n(2) in the second sentence of subsection (c) by \nstriking ‘‘$20,000’’ and inserting ‘‘$40,000, as ad-justed by regulation, in accordance with section 213(d)’’. \n(b) R\nEPLACEMENT HOUSING FOR HOME-\nOWNERS .—The first sentence of section 203(a)(1) \nof the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4623(a)(1)) is amended— \n(1) by striking ‘‘$22,500’’ and inserting \n‘‘$31,000, as adjusted by regulation, in accord-ance with 213(d),’’; and \n(2) by striking ‘‘one hundred and eighty days \nprior to’’ and inserting ‘‘90 days before’’. \n(c) R\nEPLACEMENT HOUSING FOR TENANTS AND \nCERTAIN OTHERS .—Section 204 of the Uniform \nRelocation Assistance and Real Property Acqui-sition Policies Act of 1970 (42 U.S.C. 4624) is amended— \n(1) in the second sentence of subsection (a) by \nstriking ‘‘$5,250’’ and inserting ‘‘$7,200, as ad-justed by regulation, in accordance with section 213(d)’’; and \n(2) in the second sentence of subsection (b) by \nstriking ‘‘, except’’ and all that follows through the end of the subsection and inserting a period. \n(d) D\nUTIES OF LEADAGENCY .—Section 213 of \nthe Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4633) is amended— \n(1) in subsection (b)— (A) in paragraph (2) by striking ‘‘and’’ at the \nend; \n(B) in paragraph (3) by striking the period at \nthe end and inserting ‘‘; and’’; and \n(C) by adding at the end the following: ‘‘(4) that each Federal agency that has pro-\ngrams or projects requiring the acquisition of real property or causing a displacement from real property subject to the provisions of this Act shall provide to the lead agency an annual summary report the describes the activities con-ducted by the Federal agency.’’; and \n(2) by adding at the end the following: ‘‘(d) A\nDJUSTMENT OF PAYMENTS .—The head of \nthe lead agency may adjust, by regulation, the amounts of relocation payments provided under sections 202(a)(4), 202(c), 203(a), and 204(a) if the head of the lead agency determines that cost of living, inflation, or other factors indicate that the payments should be adjusted to meet the policy objectives of this Act.’’. \n(e) A\nGENCY COORDINATION .—Title II of the \nUniform Relocation Assistance and Real Prop-erty Acquisition Policies Act of 1970 is amended by inserting after section 213 (42 U.S.C. 4633) the following: ‘‘SEC. 214. AGENCY COORDINATION. \n‘‘(a) A GENCY CAPACITY .—Each Federal agency \nresponsible for funding or carrying out reloca-tion and acquisition activities shall have ade-quately trained personnel and such other re-sources as are necessary to manage and oversee the relocation and acquisition program of the Federal agency in accordance with this Act. \n‘‘(b) I\nNTERAGENCY AGREEMENTS .—Not later \nthan 1 year after the date of enactment of this section, each Federal agency responsible for funding relocation and acquisition activities (other than the agency serving as the lead agen-cy) shall enter into a memorandum of under-standing with the lead agency that— \n‘‘(1) provides for periodic training of the per-\nsonnel of the Federal agency, which in the case of a Federal agency that provides Federal fi-nancial assistance, may include personnel of any displacing agency that receives Federal fi-nancial assistance; \n‘‘(2) addresses ways in which the lead agency \nmay provide assistance and coordination to the Federal agency relating to compliance with the Act on a program or project basis; and \n‘‘(3) addresses the funding of the training, as-\nsistance, and coordination activities provided by the lead agency, in accordance with subsection (c). \n‘‘(c) I\nNTERAGENCY PAYMENTS .— \n‘‘(1) I N GENERAL .—For the fiscal year that be-\ngins 1 year after the date of enactment of this section, and each fiscal year thereafter, each Federal agency responsible for funding reloca-tion and acquisition activities (other than the agency serving as the lead agency) shall trans-fer to the lead agency for the fiscal year, such funds as are necessary, but not less than $35,000, to support the training, assistance, and coordination activities of the lead agency de-scribed in subsection (b). \n‘‘(2) I\nNCLUDED COSTS .—The cost to a Federal \nagency of providing the funds described in para-graph (1) shall be included as part of the cost of 1 or more programs or projects undertaken by the Federal agency or with Federal financial as-sistance that result in the displacement of per-sons or the acquisition of real property.’’. \n(f) C\nOOPERATION WITHFEDERAL AGENCIES .— \nSection 308 of title 23, United States Code, is amended by striking subsection (a) and insert-ing the following: \n‘‘(a) A\nUTHORIZED ACTIVITIES .— \n‘‘(1) I N GENERAL .—The Secretary may perform, \nby contract or otherwise, authorized engineering or other services in connection with the survey, construction, maintenance, or improvement of highways for other Federal agencies, cooper-ating foreign countries, and State cooperating agencies. \n‘‘(2) I\nNCLUSIONS .—Services authorized under \nparagraph (1) may include activities authorized under section 214 of the Uniform Relocation As-sistance and Real Property Acquisition Policies Act of 1970. \n‘‘(3) R\nEIMBURSEMENT .—Reimbursement for \nservices carried out under this subsection (in-cluding depreciation on engineering and road- building equipment) shall be credited to the ap-plicable appropriation.’’. \n(g) E\nFFECTIVE DATES.— \n(1) I N GENERAL .—Except as provided in para-\ngraph (2), the amendments made by this section shall take effect on the date of enactment of this Act. \n(2) E\nXCEPTION .—The amendments made by \nsubsections (a) through (c) shall take effect 2 years after the date of enactment of this Act. \nSEC. 1522. EXTENSION OF PUBLIC TRANSIT VEHI-\nCLE EXEMPTION FROM AXLE WEIGHT RESTRICTIONS. \nSection 1023(h) of the Intermodal Surface \nTransportation Efficiency Act of 1991 (23 U.S.C. 127 note; Public Law 102–240) is amended— \n(1) in the heading of paragraph (1) by striking \n‘‘\nTEMPORARY EXEMPTION ’’ and inserting ‘‘ EX-\nEMPTION ’’; \n(2) in paragraph (1)— (A) in the matter preceding subparagraph (A) \nby striking ‘‘, for the period beginning on Octo-ber 6, 1992, and ending on October 1, 2009,’’; \n(B) in subparagraph (A) by striking ‘‘or’’ at \nthe end; \n(C) in subparagraph (B) by striking the period \nat the end and inserting ‘‘; or’’; and \n(D) by adding at the end the following: ‘‘(C) any motor home (as defined in section \n571.3 of title 49, Code of Federal Regulations (or successor regulation)).’’; and \n(3) in paragraph (2)(A) by striking ‘‘For the \nperiod beginning on the date of enactment of this subparagraph and ending on September 30, 2009, a’’ and inserting ‘‘A’’. \nSEC. 1523. USE OF DEBRIS FROM DEMOLISHED \nBRIDGES AND OVERPASSES. \nSection 1805(a) of the SAFETEA–LU (23 \nU.S.C. 144 note; 119 Stat. 1459) is amended by striking ‘‘highway bridge replacement and reha-bilitation program under section 144’’ and in-serting ‘‘national highway performance program under section 119’’. \nSEC. 1524. USE OF YOUTH SERVICE AND CON-\nSERVATION CORPS. \n(a) I NGENERAL .—The Secretary shall encour-\nage the States and regional transportation plan-ning agencies to enter into contracts and coop-erative agreements with qualified youth service or conservation corps, as defined in sections 122(a)(2) of Public Law 101–610 (42 U.S.C. 12572(a)(2)) and 106(c)(3) of Public Law 103–82 (42 U.S.C. 12656(c)(3)) to perform appropriate projects eligible under sections 162, 206, 213, and 217 of title 23, United States Code, and under section 1404 of the SAFETEA–LU (119 Stat. 1228). \n(b) R\nEQUIREMENTS .—Under any contract or \ncooperative agreement entered into with a quali-fied youth service or conservation corps under this section, the Secretary shall— \n(1) set the amount of a living allowance or \nrate of pay for each participant in such corps at— \n(A) such amount or rate as required under \nState law in a State with such requirements; or \n(B) for corps in States not described in sub-\nparagraph (A), at such amount or rate as deter-mined by the Secretary, not to exceed the max-imum living allowance authorized by section 140 of Public Law 101–610 (42 U.S.C. 12594); and \n(2) not subject such corps to the requirements \nof section 112 of title 23, United States Code. \nSEC. 1525. STATE AUTONOMY FOR CULVERT PIPE \nSELECTION. \nNot later than 180 days after the date of en-\nactment of this Act, the Secretary shall modify section 635.411 of title 23, Code of Federal Regu-lations (as in effect on the date of enactment of this Act), to ensure that States shall have the autonomy to determine culvert and storm sewer material types to be included in the construction of a project on a Federal-aid highway. \nSEC. 1526. EVACUATION ROUTES. \nEach State shall give adequate consideration \nto the needs of evacuation routes in the State, including such routes serving or adjacent to fa-cilities operated by the Armed Forces, when al-locating funds apportioned to the State under title 23, United States Code, for the construction of Federal-aid highways. \nSEC. 1527. CONSOLIDATION OF GRANTS. \n(a) D EFINITIONS .—In this section, the term \n‘‘recipient’’ means— \n(1) a State, local, or tribal government, includ-\ning— \n(A) a territory of the United States; \n(B) a transit agency; (C) a port authority; (D) a metropolitan planning organization; or (E) any other political subdivision of a State \nor local government; \n(2) a multistate or multijurisdictional group, if \neach member of the group is an entity described in paragraph (1); and \n(3) a public-private partnership, if both par-\nties are engaged in building the project. \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00319 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4478 June 28, 2012 \n(b) C ONSOLIDATION .— \n(1) I N GENERAL .—A recipient that receives \nmultiple grant awards from the Department to support 1 multimodal project may request that the Secretary designate 1 modal administration in the Department to be the lead administering authority for the overall project. \n(2) N\nEW STARTS .—Any project that includes \nfunds awarded under section 5309 of title 49, United States Code, shall be exempt from con-solidation under this section unless the grant re-cipient requests the Federal Transit Administra-tion to be the lead administering authority. \n(3) R\nEVIEW .— \n(A) I N GENERAL .—Not later than 30 days after \nthe date on which a request under paragraph (1) is made, the Secretary shall review the re-quest and approve or deny the designation of a single modal administration as the lead admin-istering authority and point of contact for the Department. \n(B) N\nOTIFICATION .— \n(i) I N GENERAL .—The Secretary shall notify \nthe requestor of the decision of the Secretary under subparagraph (A) in such form and at such time as the Secretary and the requestor agree. \n(ii) D\nENIAL .—If a request is denied, the Sec-\nretary shall provide the requestor with a de-tailed explanation of the reasoning of the Sec-retary with the notification under clause (i). \n(c) D\nUTIES .— \n(1) I N GENERAL .—A modal administration des-\nignated as a lead administering authority under this section shall— \n(A) be responsible for leading and coordi-\nnating the integrated project management team, which shall consist of all of the other modal ad-ministrations in the Department relating to the multimodal project; and \n(B) to the extent feasible during the first 30 \ndays of carrying out the multimodal project, identify overlapping or duplicative regulatory requirements that exist for the project and pro-pose a single, streamlined approach to meeting all of the applicable regulatory requirements through the activities described in subsection (d). \n(2) A\nDMINISTRATION .— \n(A) I N GENERAL .—The Secretary shall transfer \nall amounts that have been awarded for the multimodal project to the modal administration designated as the lead administering authority. \n(B) O\nPTION .— \n(i) IN GENERAL .—Participation under this sec-\ntion shall be optional for recipients, and no re-cipient shall be required to participate. \n(ii) S\nECRETARIAL DUTIES .—The Secretary is \nnot required to identify every recipient that may be eligible to participate under this section. \n(d) C\nOOPERATION .— \n(1) I N GENERAL .—The Secretary and modal ad-\nministrations with relevant jurisdiction over a multimodal project should cooperate on project review and delivery activities at the earliest practicable time. \n(2) P\nURPOSES .—The purposes of the coopera-\ntion under paragraph (1) are— \n(A) to avoid delays and duplication of effort \nlater in the process; \n(B) to prevent potential conflicts; and (C) to ensure that planning and project devel-\nopment decisions are made in a streamlined manner and consistent with applicable law. \n(e) A\nPPLICABILITY .—Nothing in this section \nshall— \n(1) supersede, amend, or modify the National \nEnvironmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or any other Federal environmental law; or \n(2) affect the responsibility of any Federal of-\nficer to comply with or enforce any law de-scribed in paragraph (1). \nSEC. 1528. APPALACHIAN DEVELOPMENT HIGH-\nWAY SYSTEM. \n(a) S ENSE OF THE SENATE .—It is the Sense of \nthe Senate that the timely completion of the Ap-palachian development highway system is a transportation priority in the national interest. (b) M\nODIFIED FEDERAL SHARE FOR PROJECTS \nONADHS.—For fiscal years 2012 through 2021, \nthe Federal share payable for the cost of con-structing highways and access roads on the Ap-palachian development highway system under section 14501 of title 40, United States Code, with funds made available to a State for fiscal year 2012 or a previous fiscal year for the Appa-lachian development highway system program, or with funds made available for fiscal year 2012 or a previous fiscal year for a specific project, route, or corridor on that system, shall be 100 percent. \n(c) F\nEDERAL SHARE FOR OTHER FUNDS USED \nONADHS.—For fiscal years 2012 through 2021, \nthe Federal share payable for the cost of con-structing highways and access roads on the Ap-palachian development highway system under section 14501 of title 40, United States Code, with Federal funds apportioned to a State for a program other than the Appalachian develop-ment highway system program shall be 100 per-cent. \n(d) C\nOMPLETION PLAN.— \n(1) I N GENERAL .—Subject to paragraph (2), not \nlater than 1 year after the date of enactment of the MAP–21, each State represented on the Ap-palachian Regional Commission shall establish a plan for the completion of the designated cor-ridors of the Appalachian development highway system within the State, including annual per-formance targets, with a target completion date. \n(2) S\nIGNIFICANT UNCOMPLETED MILES .—If the \npercentage of remaining Appalachian develop-ment highway system needs for a State, accord-ing to the latest cost to complete estimate for the Appalachian development highway system, is greater than 15 percent of the total cost to com-plete estimate for the entire Appalachian devel-opment highway system, the State shall not es-tablish a plan under paragraph (1) that would result in a reduction of obligated funds for the Appalachian development highway system with-in the State for any subsequent fiscal year. \nSEC. 1529. ENGINEERING JUDGMENT. \nNot later than 90 days after the date of enact-\nment of this Act, the Secretary shall issue guid-ance to State transportation departments clari-fying that the standards, guidance, and options for design and application of traffic control de-vices provided in the Manual on Uniform Traf-fic Control Devices should not be considered a substitute for engineering judgment. \nSEC. 1530. TRANSPORTATION TRAINING AND EM-\nPLOYMENT PROGRAMS. \nTo encourage the development of careers in \nthe transportation field, the Secretary of Edu-cation and the Secretary of Labor are encour-aged to use funds for training and employment education programs— \n(1) to develop programs for transportation-re-\nlated careers and trades; and \n(2) to work with the Secretary to carry out \nprograms developed under paragraph (1). \nSEC. 1531. NOTICE OF CERTAIN GRANT AWARDS. \n(a) D EFINITION OF COVERED GRANT AWARD .— \nIn this section, the term ‘‘covered grant award’’ means a grant award— \n(1) made— (A) by the Department; and (B) with funds made available under this Act; \nand \n(2) in an amount equal to or greater than \n$500,000. \n(b) N\nOTICE .—Except to the extent otherwise \nexpressly provided in another provision of law, at least 3 business days before a covered grant award is announced, the Secretary shall provide to the Committee on Transportation and Infra-structure of the House of Representatives and the Committee on Environment and Public Works of the Senate written notice of the cov-ered grant award. \nSEC. 1532. BUDGET JUSTIFICATION. \nThe Secretary shall submit to the Committee \non Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a \nbudget justification for each agency of the De-partment concurrently with the annual budget submission of the President to Congress under section 1105(a) of title 31, United States Code. \nSEC. 1533. PROHIBITION ON USE OF FUNDS FOR \nAUTOMATED TRAFFIC ENFORCE-MENT. \n(a) D EFINITION OF AUTOMATED TRAFFIC EN-\nFORCEMENT SYSTEM .—In this section, the term \n‘‘automated traffic enforcement system’’ means any camera that captures an image of a vehicle for the purposes of traffic law enforcement. \n(b) U\nSE OF FUNDS.—Except as provided in \nsubsection (c), for fiscal years 2013 and 2014, funds apportioned to a State under section 104(b)(3) of title 23, United States Code, may not be used for any program to purchase, operate, or maintain an automated traffic enforcement system. \n(c) E\nXCEPTION .—Subsection (b) shall not \napply to automated traffic enforcement systems used to improve safety in school zones. \nSEC. 1534. PUBLIC-PRIVATE PARTNERSHIPS. \n(a) B EST PRACTICES .—The Secretary shall \ncompile, and make available to the public on the website of the Department, best practices on how States, public transportation agencies, and other public officials can work with the private sector in the development, financing, construc-tion, and operation of transportation facilities. \n(b) C\nONTENTS .—The best practices compiled \nunder subsection (a) shall include polices and techniques to ensure that the interests of the traveling public and State and local govern-ments are protected in any agreement entered into with the private sector for the development, financing, construction, and operation of trans-portation facilities. \n(c) T\nECHNICAL ASSISTANCE .—The Secretary, on \nrequest, may provide technical assistance to States, public transportation agencies, and other public officials regarding proposed public- private partnership agreements for the develop-ment, financing, construction, and operation of transportation facilities, including assistance in analyzing whether the use of a public-private partnership agreement would provide value compared with traditional public delivery meth-ods. \n(d) S\nTANDARD TRANSACTION CONTRACTS .— \n(1) D EVELOPMENT .—Not later than 18 months \nafter the date of enactment of this Act, the Sec-retary shall develop standard public-private partnership transaction model contracts for the most popular types of public-private partner-ships for the development, financing, construc-tion, and operation of transportation facilities. \n(2) U\nSE.—The Secretary shall encourage \nStates, public transportation agencies, and other public officials to use the model contracts as a base template when developing their own public-private partnership agreements for the development, financing, construction, and oper-ation of transportation facilities. \nSEC. 1535. REPORT ON HIGHWAY TRUST FUND EX-\nPENDITURES. \n(a) I NITIAL REPORT .—Not later than 150 days \nafter the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report describing the ac-tivities funded from the Highway Trust Fund during each of fiscal years 2009 through 2011, including for purposes other than construction and maintenance of highways and bridges. \n(b) U\nPDATES .—Not later than 5 years after the \ndate on which the report is submitted under subsection (a) and every 5 years thereafter, the Comptroller General of the United States shall submit to Congress a report that updates the in-formation provided in the report under that sub-section for the applicable 5-year period. \n(c) I\nNCLUSIONS .—A report submitted under \nsubsection (a) or (b) shall include information similar to the information included in the report of the Government Accountability Office num-bered ‘‘GAO–09–729R’’ and entitled ‘‘Highway \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00320 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4479 June 28, 2012 \nTrust Fund Expenditures on Purposes Other \nThan Construction and Maintenance of High-ways and Bridges During Fiscal Years 2004– 2008’’. \nSEC. 1536. SENSE OF CONGRESS ON HARBOR \nMAINTENANCE. \n(a) F INDINGS .—Congress finds that— \n(1) there are 926 coastal, Great Lakes, and in-\nland harbors maintained by the Corps of Engi-neers; \n(2) according to the Bureau of Transportation \nStatistics— \n(A) in 2009, the ports and waterways of the \nUnited States handled more than 2,200,000,000 short tons of imports, exports, and domestic shipments; and \n(B) in 2010, United States ports were respon-\nsible for more than $1,400,000,000,000 in water-borne imports and exports; \n(3) according to the Congressional Research \nService, full channel dimensions are, on aver-age, available approximately \n1⁄3of the time at \nthe 59 harbors of the United States with the highest use rates; \n(4) in 1986, Congress created the Harbor Main-\ntenance Trust Fund to provide funds for the op-eration and maintenance of the navigation channels of the United States; \n(5) in fiscal year 2012, the Harbor Mainte-\nnance Trust Fund is expected to grow from $6,280,000,000 to $7,011,000,000, an increase of approximately 13 percent; \n(6) despite growth of the Harbor Maintenance \nTrust Fund, expenditures from the Harbor Maintenance Trust Fund have not been suffi-ciently spent; and \n(7) inadequate investment in dredging needs is \nrestricting access to the ports of the United States for domestic shipping, imports, and ex-ports and therefore threatening the economic competitiveness of the United States. \n(b) S\nENSE OF CONGRESS .—It is the sense of \nCongress that— \n(1) the Administration should request full use \nof the Harbor Maintenance Trust Fund for op-erating and maintaining the navigation chan-nels of the United States; \n(2) the amounts in the Harbor Maintenance \nTrust Fund should be fully expended to operate and maintain the navigation channels of the United States; and \n(3) Congress should ensure that other pro-\ngrams, projects, and activities of the Civil Works Program of the Corps of Engineers, especially those programs, projects, and activities relating to inland navigation and flood control, are not adversely impacted. \nSEC. 1537. ESTIMATE OF HARBOR MAINTENANCE \nNEEDS. \nFor fiscal year 2014 and each fiscal year \nthereafter, the President’s budget request sub-mitted pursuant to section 1105 of title 31, United States Code, shall include— \n(1) an estimate of the nationwide average \navailability, expressed as a percentage, of the authorized depth and authorized width of all navigation channels authorized to be main-tained using appropriations from the Harbor Maintenance Trust Fund that would result from harbor maintenance activities to be funded by the budget request; and \n(2) an estimate of the average annual amount \nof appropriations from the Harbor Maintenance Trust Fund that would be required to increase that average availability to 95 percent over a 3- year period. \nSEC. 1538. ASIAN CARP. \n(a) D EFINITIONS .—In this section: \n(1) H YDROLOGICAL SEPARATION .—The term \n‘‘hydrological separation’’ means a physical separation on the Chicago Area Waterway Sys-tem that— \n(A) would disconnect the Mississippi River \nwatershed from the Lake Michigan watershed; and \n(B) shall be designed to be adequate in scope \nto prevent the transfer of all aquatic species be-tween each of those bodies of water. (2) S\nECRETARY .—The term ‘‘Secretary’’ means \nthe Secretary of the Army, acting through the Chief of Engineers. \n(b) E\nXPEDITED STUDY AND REPORT .— \n(1) I N GENERAL .—The Secretary shall— \n(A) expedite completion of the report for the \nstudy authorized by section 3061(d) of the Water Resources Development Act of 2007 (Public Law 110–114; 121 Stat. 1121); and \n(B) if the Secretary determines a project is jus-\ntified in the completed report, proceed directly to project preconstruction engineering and de-sign. \n(2) F\nOCUS.—In expediting the completion of \nthe study and report under paragraph (1), the Secretary shall focus on— \n(A) the prevention of the spread of aquatic \nnuisance species between the Great Lakes and Mississippi River Basins, such as through the permanent hydrological separation of the Great Lakes and Mississippi River Basins; and \n(B) the watersheds of the following rivers and \ntributaries associated with the Chicago Area Waterway System: \n(i) The Illinois River, at and in the vicinity of \nChicago, Illinois. \n(ii) The Chicago River, Calumet River, North \nShore Channel, Chicago Sanitary and Ship Canal, and Cal-Sag Channel in the State of Illi-nois. \n(iii) The Grand Calumet River and Little Cal-\numet River in the States of Illinois and Indiana. \n(3) E\nFFICIENT USE OF FUNDS .—The Secretary \nshall ensure the efficient use of funds to maxi-mize the timely completion of the study and re-port under paragraph (1). \n(4) D\nEADLINE .—The Secretary shall complete \nthe report under paragraph (1) by not later than 18 months after the date of enactment of this Act. \n(5) I\nNTERIM REPORT .—Not later than 90 days \nafter the date of enactment of this Act, the Sec-retary shall submit to the Committees on Appro-priations of the House of Representatives and Senate, the Committee on Environment and Public Works of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives a report describing— \n(A) interim milestones that will be met prior to \nfinal completion of the study and report under paragraph (1); and \n(B) funding necessary for completion of the \nstudy and report under paragraph (1), including funding necessary for completion of each in-terim milestone identified under subparagraph (A). \nSEC. 1539. REST AREAS. \n(a) A GREEMENTS RELATING TO USE OF AND AC-\nCESS TO RIGHTS -OF-WAY—INTERSTATE SYSTEM .— \nSection 111 of title 23, United States Code, is amended— \n(1) in subsection (a) in the second sentence by \nstriking the period and inserting ‘‘and will not change the boundary of any right-of-way on the Interstate System to accommodate construction of, or afford access to, an automotive service station or other commercial establishment.’’; \n(2) by redesignating subsections (b) and (c) as \nsubsections (c) and (d), respectively; and \n(3) by inserting after subsection (a) the fol-\nlowing: \n‘‘(b) R\nESTAREAS.— \n‘‘(1) I N GENERAL .—Notwithstanding subsection \n(a), the Secretary shall permit a State to ac-quire, construct, operate, and maintain a rest area along a highway on the Interstate System in such State. \n‘‘(2) L\nIMITED ACTIVITIES .—The Secretary shall \npermit limited commercial activities within a rest area under paragraph (1), if the activities are available only to customers using the rest area and are limited to— \n‘‘(A) commercial advertising and media dis-\nplays if such advertising and displays are— \n‘‘(i) exhibited solely within any facility con-\nstructed in the rest area; and \n‘‘(ii) not legible from the main traveled way; ‘‘(B) items designed to promote tourism in the \nState, limited to books, DVDs, and other media; \n‘‘(C) tickets for events or attractions in the \nState of a historical or tourism-related nature; \n‘‘(D) travel-related information, including \nmaps, travel booklets, and hotel coupon book-lets; and \n‘‘(E) lottery machines, provided that the pri-\nority afforded to blind vendors under subsection (c) applies to this subparagraph. \n‘‘(3) P\nRIVATE OPERATORS .—A State may permit \na private party to operate such commercial ac-tivities. \n‘‘(4) L\nIMITATION ON USE OF REVENUES .—A \nState shall use any revenues received from the commercial activities in a rest area under this section to cover the costs of acquiring, con-structing, operating, and maintaining rest areas in the State.’’. \n(b) C\nONTROL OF OUTDOOR ADVERTISING .—Sec-\ntion 131(i) of title 23, United States Code, is amended by adding at the end the following: \n‘‘A State may permit the installation of signs \nthat acknowledge the sponsorship of rest areas within such rest areas or along the main trav-eled way of the system, provided that such signs shall not affect the safe and efficient utilization of the Interstate System and the primary system. The Secretary shall establish criteria for the in-stallation of such signs on the main traveled way, including criteria pertaining to the place-ment of rest area sponsorship acknowledgment signs in relation to the placement of advance guide signs for rest areas.’’. \nSubtitle F—Gulf Coast Restoration \nSEC. 1601. SHORT TITLE. \nThis subtitle may be cited as the ‘‘Resources \nand Ecosystems Sustainability, Tourist Oppor-tunities, and Revived Economies of the Gulf Coast States Act of 2012’’. \nSEC. 1602. GULF COAST RESTORATION TRUST \nFUND. \n(a) E STABLISHMENT .—There is established in \nthe Treasury of the United States a trust fund to be known as the ‘‘Gulf Coast Restoration Trust Fund’’ (referred to in this section as the ‘‘Trust Fund’’), consisting of such amounts as are deposited in the Trust Fund under this Act or any other provision of law. \n(b) T\nRANSFERS .—The Secretary of the Treas-\nury shall deposit in the Trust Fund an amount equal to 80 percent of all administrative and civil penalties paid by responsible parties after the date of enactment of this Act in connection with the explosion on, and sinking of, the mo-bile offshore drilling unit Deepwater Horizon pursuant to a court order, negotiated settlement, or other instrument in accordance with section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321). \n(c) E\nXPENDITURES .—Amounts in the Trust \nFund, including interest earned on advances to the Trust Fund and proceeds from investment under subsection (d), shall— \n(1) be available for expenditure, without fur-\nther appropriation, solely for the purpose and eligible activities of this subtitle and the amend-ments made by this subtitle; and \n(2) remain available until expended, without \nfiscal year limitation. \n(d) I\nNVESTMENT .—Amounts in the Trust Fund \nshall be invested in accordance with section 9702 of title 31, United States Code, and any interest on, and proceeds from, any such investment shall be available for expenditure in accordance with this subtitle and the amendments made by this subtitle. \n(e) A\nDMINISTRATION .—Not later than 180 days \nafter the date of enactment of this Act, after providing notice and an opportunity for public comment, the Secretary of the Treasury, in con-sultation with the Secretary of the Interior and the Secretary of Commerce, shall establish such procedures as the Secretary determines to be necessary to deposit amounts in, and expend amounts from, the Trust Fund pursuant to this subtitle, including— \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00321 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4480 June 28, 2012 \n(1) procedures to assess whether the programs \nand activities carried out under this subtitle and the amendments made by this subtitle achieve compliance with applicable requirements, in-cluding procedures by which the Secretary of the Treasury may determine whether an expend-iture by a Gulf Coast State or coastal political subdivision (as those terms are defined in sec-tion 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321)) pursuant to such a pro-gram or activity achieves compliance; \n(2) auditing requirements to ensure that \namounts in the Trust Fund are expended as in-tended; and \n(3) procedures for identification and alloca-\ntion of funds available to the Secretary under other provisions of law that may be necessary to pay the administrative expenses directly attrib-utable to the management of the Trust Fund. \n(f) S\nUNSET .—The authority for the Trust Fund \nshall terminate on the date all funds in the Trust Fund have been expended. \nSEC. 1603. GULF COAST NATURAL RESOURCES \nRESTORATION AND ECONOMIC RE-COVERY. \nSection 311 of the Federal Water Pollution \nControl Act (33 U.S.C. 1321) is amended— \n(1) in subsection (a)— (A) in paragraph (25)(B), by striking ‘‘and’’ at \nthe end; \n(B) in paragraph (26)(D), by striking the pe-\nriod at the end and inserting a semicolon; and \n(C) by adding at the end the following: ‘‘(27) the term ‘best available science’ means \nscience that— \n‘‘(A) maximizes the quality, objectivity, and \nintegrity of information, including statistical in-formation; \n‘‘(B) uses peer-reviewed and publicly avail-\nable data; and \n‘‘(C) clearly documents and communicates \nrisks and uncertainties in the scientific basis for such projects; \n‘‘(28) the term ‘Chairperson’ means the Chair-\nperson of the Council; \n‘‘(29) the term ‘coastal political subdivision’ \nmeans any local political jurisdiction that is im-mediately below the State level of government, including a county, parish, or borough, with a coastline that is contiguous with any portion of the United States Gulf of Mexico; \n‘‘(30) the term ‘Comprehensive Plan’ means \nthe comprehensive plan developed by the Coun-cil pursuant to subsection (t); \n‘‘(31) the term ‘Council’ means the Gulf Coast \nEcosystem Restoration Council established pur-suant to subsection (t); \n‘‘(32) the term ‘Deepwater Horizon oil spill’ \nmeans the blowout and explosion of the mobile offshore drilling unit Deepwater Horizon that occurred on April 20, 2010, and resulting hydro-carbon releases into the environment; \n‘‘(33) the term ‘Gulf Coast region’ means— ‘‘(A) in the Gulf Coast States, the coastal \nzones (as that term is defined in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453)), except that, in this section, the term ‘coastal zones’ includes land within the coastal zones that is held in trust by, or the use of which is by law subject solely to the discre-tion of, the Federal Government or officers or agents of the Federal Government)) that border the Gulf of Mexico; \n‘‘(B) any adjacent land, water, and water-\nsheds, that are within 25 miles of the coastal zones described in subparagraph (A) of the Gulf Coast States; and \n‘‘(C) all Federal waters in the Gulf of Mexico; ‘‘(34) the term ‘Gulf Coast State’ means any of \nthe States of Alabama, Florida, Louisiana, Mis-sissippi, and Texas; and \n‘‘(35) the term ‘Trust Fund’ means the Gulf \nCoast Restoration Trust Fund established pur-suant to section 1602 of the Resources and Eco-systems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012.’’; \n(2) in subsection (s), by inserting ‘‘except as \nprovided in subsection (t)’’ before the period at the end; and (3) by adding at the end the following: \n‘‘(t) G\nULFCOAST RESTORATION AND RECOV-\nERY.— \n‘‘(1) S TATE ALLOCATION AND EXPENDITURES .— \n‘‘(A) I N GENERAL .—Of the total amounts made \navailable in any fiscal year from the Trust Fund, 35 percent shall be available, in accord-ance with the requirements of this section, to the Gulf Coast States in equal shares for ex-penditure for ecological and economic restora-tion of the Gulf Coast region in accordance with this subsection. \n‘‘(B) U\nSE OF FUNDS .— \n‘‘(i) E LIGIBLE ACTIVITIES IN THE GULF COAST \nREGION .—Subject to clause (iii), amounts pro-\nvided to the Gulf Coast States under this sub-section may only be used to carry out 1 or more of the following activities in the Gulf Coast re-gion: \n‘‘(I) Restoration and protection of the natural \nresources, ecosystems, fisheries, marine and wildlife habitats, beaches, and coastal wetlands of the Gulf Coast region. \n‘‘(II) Mitigation of damage to fish, wildlife, \nand natural resources. \n‘‘(III) Implementation of a federally approved \nmarine, coastal, or comprehensive conservation management plan, including fisheries moni-toring. \n‘‘(IV) Workforce development and job cre-\nation. \n‘‘(V) Improvements to or on State parks lo-\ncated in coastal areas affected by the Deepwater Horizon oil spill. \n‘‘(VI) Infrastructure projects benefitting the \neconomy or ecological resources, including port infrastructure. \n‘‘(VII) Coastal flood protection and related in-\nfrastructure. \n‘‘(VIII) Planning assistance. ‘‘(IX) Administrative costs of complying with \nthis subsection. \n‘‘(ii) A\nCTIVITIES TO PROMOTE TOURISM AND \nSEAFOOD IN THE GULF COAST REGION .—Amounts \nprovided to the Gulf Coast States under this subsection may be used to carry out 1 or more of the following activities: \n‘‘(I) Promotion of tourism in the Gulf Coast \nRegion, including recreational fishing. \n‘‘(II) Promotion of the consumption of seafood \nharvested from the Gulf Coast Region. \n‘‘(iii) L\nIMITATION .— \n‘‘(I) I N GENERAL .—Of the amounts received by \na Gulf Coast State under this subsection, not more than 3 percent may be used for administra-tive costs eligible under clause (i)(IX). \n‘‘(II) C\nLAIMS FOR COMPENSATION .—Activities \nfunded under this subsection may not be in-cluded in any claim for compensation paid out by the Oil Spill Liability Trust Fund after the date of enactment of this subsection. \n‘‘(C) C\nOASTAL POLITICAL SUBDIVISIONS .— \n‘‘(i) D ISTRIBUTION .—In the case of a State \nwhere the coastal zone includes the entire State— \n‘‘(I) 75 percent of funding shall be provided \ndirectly to the 8 disproportionately affected counties impacted by the Deepwater Horizon oil spill; and \n‘‘(II) 25 percent shall be provided directly to \nnondisproportionately impacted counties within the State. \n‘‘(ii) N\nONDISPROPORTIONATELY IMPACTED \nCOUNTIES .—The total amounts made available to \ncoastal political subdivisions in the State of Florida under clause (i)(II) shall be distributed according to the following weighted formula: \n‘‘(I) 34 percent based on the weighted average \nof the population of the county. \n‘‘(II) 33 percent based on the weighted aver-\nage of the county per capita sales tax collections estimated for fiscal year 2012. \n‘‘(III) 33 percent based on the inverse propor-\ntion of the weighted average distance from the Deepwater Horizon oil rig to each of the nearest and farthest points of the shoreline. \n‘‘(D) L\nOUISIANA .— \n‘‘(i) I N GENERAL .—Of the total amounts made \navailable to the State of Louisiana under this paragraph: ‘‘(I) 70 percent shall be provided directly to \nthe State in accordance with this subsection. \n‘‘(II) 30 percent shall be provided directly to \nparishes in the coastal zone (as defined in sec-tion 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453)) of the State of Louisiana according to the following weighted formula: \n‘‘(aa) 40 percent based on the weighted aver-\nage of miles of the parish shoreline oiled. \n‘‘(bb) 40 percent based on the weighted aver-\nage of the population of the parish. \n‘‘(cc) 20 percent based on the weighted aver-\nage of the land mass of the parish. \n‘‘(ii) C\nONDITIONS .— \n‘‘(I) L AND USE PLAN .—As a condition of re-\nceiving amounts allocated under this para-graph, the chief executive of the eligible parish shall certify to the Governor of the State that the parish has completed a comprehensive land use plan. \n‘‘(II) O\nTHER CONDITIONS .—A coastal political \nsubdivision receiving funding under this para-graph shall meet all of the conditions in sub-paragraph (E). \n‘‘(E) C\nONDITIONS .—As a condition of receiving \namounts from the Trust Fund, a Gulf Coast State, including the entities described in sub-paragraph (F), or a coastal political subdivision shall— \n‘‘(i) agree to meet such conditions, including \naudit requirements, as the Secretary of the Treasury determines necessary to ensure that amounts disbursed from the Trust Fund will be used in accordance with this subsection; \n‘‘(ii) certify in such form and in such manner \nas the Secretary of the Treasury determines nec-essary that the project or program for which the Gulf Coast State or coastal political subdivision is requesting amounts— \n‘‘(I) is designed to restore and protect the nat-\nural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, coastal wetlands, or economy of the Gulf Coast; \n‘‘(II) carries out 1 or more of the activities de-\nscribed in clauses (i) and (ii) of subparagraph (B); \n‘‘(III) was selected based on meaningful input \nfrom the public, including broad-based partici-pation from individuals, businesses, and non-profit organizations; and \n‘‘(IV) in the case of a natural resource protec-\ntion or restoration project, is based on the best available science; \n‘‘(iii) certify that the project or program and \nthe awarding of a contract for the expenditure of amounts received under this paragraph are consistent with the standard procurement rules and regulations governing a comparable project or program in that State, including all applica-ble competitive bidding and audit requirements; and \n‘‘(iv) develop and submit a multiyear imple-\nmentation plan for the use of such amounts, which may include milestones, projected comple-tion of each activity, and a mechanism to evalu-ate the success of each activity in helping to re-store and protect the Gulf Coast region impacted by the Deepwater Horizon oil spill. \n‘‘(F) A\nPPROVAL BY STATE ENTITY , TASK FORCE , \nOR AGENCY .—The following Gulf Coast State en-\ntities, task forces, or agencies shall carry out the duties of a Gulf Coast State pursuant to this paragraph: \n‘‘(i) A\nLABAMA .— \n‘‘(I) I N GENERAL .—In the State of Alabama, \nthe Alabama Gulf Coast Recovery Council, which shall be comprised of only the following: \n‘‘(aa) The Governor of Alabama, who shall \nalso serve as Chairperson and preside over the meetings of the Alabama Gulf Coast Recovery Council. \n‘‘(bb) The Director of the Alabama State Port \nAuthority, who shall also serve as Vice Chair-person and preside over the meetings of the Ala-bama Gulf Coast Recovery Council in the ab-sence of the Chairperson. \n‘‘(cc) The Chairman of the Baldwin County \nCommission. \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00322 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4481 June 28, 2012 \n‘‘(dd) The President of the Mobile County \nCommission. \n‘‘(ee) The Mayor of the city of Bayou La \nBatre. \n‘‘(ff) The Mayor of the town of Dauphin Is-\nland. \n‘‘(gg) The Mayor of the city of Fairhope. ‘‘(hh) The Mayor of the city of Gulf Shores. ‘‘(ii) The Mayor of the city of Mobile. ‘‘(jj) The Mayor of the city of Orange Beach. ‘‘(II) V\nOTE.—Each member of the Alabama \nGulf Coast Recovery Council shall be entitled to 1 vote. \n‘‘(III) M\nAJORITY VOTE .—All decisions of the \nAlabama Gulf Coast Recovery Council shall be made by majority vote. \n‘‘(IV) L\nIMITATION ON ADMINISTRATIVE EX -\nPENSES .—Administrative duties for the Alabama \nGulf Coast Recovery Council may only be per-formed by public officials and employees that are subject to the ethics laws of the State of Ala-bama. \n‘‘(ii) L\nOUISIANA .—In the State of Louisiana, \nthe Coastal Protection and Restoration Author-ity of Louisiana. \n‘‘(iii) M\nISSISSIPPI .—In the State of Mississippi, \nthe Mississippi Department of Environmental Quality. \n‘‘(iv) T\nEXAS.—In the State of Texas, the Office \nof the Governor or an appointee of the Office of the Governor. \n‘‘(G) C\nOMPLIANCE WITH ELIGIBLE ACTIVITIES .— \nIf the Secretary of the Treasury determines that an expenditure by a Gulf Coast State or coastal political subdivision of amounts made available under this subsection does not meet one of the activities described in clauses (i) and (ii) of sub-paragraph (B), the Secretary shall make no ad-ditional amounts from the Trust Fund available to that Gulf Coast State or coastal political sub-division until such time as an amount equal to the amount expended for the unauthorized use— \n‘‘(i) has been deposited by the Gulf Coast \nState or coastal political subdivision in the Trust Fund; or \n‘‘(ii) has been authorized by the Secretary of \nthe Treasury for expenditure by the Gulf Coast State or coastal political subdivision for a project or program that meets the requirements of this subsection. \n‘‘(H) C\nOMPLIANCE WITH CONDITIONS .—If the \nSecretary of the Treasury determines that a Gulf Coast State or coastal political subdivision does not meet the requirements of this para-graph, including the conditions of subpara-graph (E), where applicable, the Secretary of the Treasury shall make no amounts from the Trust Fund available to that Gulf Coast State or coastal political subdivision until all conditions of this paragraph are met. \n‘‘(I) P\nUBLIC INPUT .—In meeting any condition \nof this paragraph, a Gulf Coast State may use an appropriate procedure for public consulta-tion in that Gulf Coast State, including con-sulting with one or more established task forces or other entities, to develop recommendations for proposed projects and programs that would re-store and protect the natural resources, eco-systems, fisheries, marine and wildlife habitats, beaches, coastal wetlands, and economy of the Gulf Coast. \n‘‘(J) P\nREVIOUSLY APPROVED PROJECTS AND \nPROGRAMS .—A Gulf Coast State or coastal polit-\nical subdivision shall be considered to have met the conditions of subparagraph (E) for a specific project or program if, before the date of enact-ment of the Resources and Ecosystems Sustain-ability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012— \n‘‘(i) the Gulf Coast State or coastal political \nsubdivision has established conditions for car-rying out projects and programs that are sub-stantively the same as the conditions described in subparagraph (E); and \n‘‘(ii) the applicable project or program carries \nout 1 or more of the activities described in clauses (i) and (ii) of subparagraph (B). ‘‘(K) L\nOCAL PREFERENCE .—In awarding con-\ntracts to carry out a project or program under this paragraph, a Gulf Coast State or coastal political subdivision may give a preference to in-dividuals and companies that reside in, are headquartered in, or are principally engaged in business in the State of project execution. \n‘‘(L) U\nNUSED FUNDS .—Funds allocated to a \nState or coastal political subdivision under this paragraph shall remain in the Trust Fund until such time as the State or coastal political sub-division develops and submits a plan identifying uses for those funds in accordance with sub-paragraph (E)(iv). \n‘‘(M) J\nUDICIAL REVIEW .—If the Secretary of \nthe Treasury determines that a Gulf Coast State or coastal political subdivision does not meet the requirements of this paragraph, including the conditions of subparagraph (E), the Gulf Coast State or coastal political subdivision may obtain expedited judicial review within 90 days after that decision in a district court of the United States, of appropriate jurisdiction and venue, that is located within the State seeking the re-view. \n‘‘(N) C\nOST-SHARING .— \n‘‘(i) I N GENERAL .—A Gulf Coast State or coast-\nal political subdivision may use, in whole or in part, amounts made available under this para-graph to that Gulf Coast State or coastal polit-ical subdivision to satisfy the non-Federal share of the cost of any project or program authorized by Federal law that is an eligible activity de-scribed in clauses (i) and (ii) of subparagraph (B). \n‘‘(ii) E\nFFECT ON OTHER FUNDS .—The use of \nfunds made available from the Trust Fund to satisfy the non-Federal share of the cost of a project or program that meets the requirements of clause (i) shall not affect the priority in which other Federal funds are allocated or awarded. \n‘‘(2) C\nOUNCIL ESTABLISHMENT AND ALLOCA -\nTION.— \n‘‘(A) I N GENERAL .—Of the total amount made \navailable in any fiscal year from the Trust Fund, 30 percent shall be disbursed to the Coun-cil to carry out the Comprehensive Plan. \n‘‘(B) C\nOUNCIL EXPENDITURES .— \n‘‘(i) I N GENERAL .—In accordance with this \nparagraph, the Council shall expend funds made available from the Trust Fund to under-take projects and programs, using the best avail-able science, that would restore and protect the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, coastal wetlands, and economy of the Gulf Coast. \n‘‘(ii) A\nLLOCATION AND EXPENDITURE PROCE -\nDURES .—The Secretary of the Treasury shall de-\nvelop such conditions, including audit require-ments, as the Secretary of the Treasury deter-mines necessary to ensure that amounts dis-bursed from the Trust Fund to the Council to implement the Comprehensive Plan will be used in accordance with this paragraph. \n‘‘(iii) A\nDMINISTRATIVE EXPENSES .—Of the \namounts received by the Council under this paragraph, not more than 3 percent may be used for administrative expenses, including staff. \n‘‘(C) G\nULF COAST ECOSYSTEM RESTORATION \nCOUNCIL .— \n‘‘(i) E STABLISHMENT .—There is established as \nan independent entity in the Federal Govern-ment a council to be known as the ‘Gulf Coast Ecosystem Restoration Council’. \n‘‘(ii) M\nEMBERSHIP .—The Council shall consist \nof the following members, or in the case of a Federal agency, a designee at the level of the Assistant Secretary or the equivalent: \n‘‘(I) The Secretary of the Interior. ‘‘(II) The Secretary of the Army. ‘‘(III) The Secretary of Commerce. ‘‘(IV) The Administrator of the Environmental \nProtection Agency. \n‘‘(V) The Secretary of Agriculture. ‘‘(VI) The head of the department in which \nthe Coast Guard is operating. \n‘‘(VII) The Governor of the State of Alabama. ‘‘(VIII) The Governor of the State of Florida. \n‘‘(IX) The Governor of the State of Louisiana. ‘‘(X) The Governor of the State of Mississippi. ‘‘(XI) The Governor of the State of Texas. ‘‘(iii) A\nLTERNATE .—A Governor appointed to \nthe Council by the President may designate an alternate to represent the Governor on the Council and vote on behalf of the Governor. \n‘‘(iv) C\nHAIRPERSON .—From among the Federal \nagency members of the Council, the representa-tives of States on the Council shall select, and the President shall appoint, 1 Federal member to serve as Chairperson of the Council. \n‘‘(v) P\nRESIDENTIAL APPOINTMENT .—All Coun-\ncil members shall be appointed by the President. \n‘‘(vi) C OUNCIL ACTIONS .— \n‘‘(I) I N GENERAL .—The following actions by \nthe Council shall require the affirmative vote of the Chairperson and a majority of the State members to be effective: \n‘‘(aa) Approval of a Comprehensive Plan and \nfuture revisions to a Comprehensive Plan. \n‘‘(bb) Approval of State plans pursuant to \nparagraph (3)(B)(iv). \n‘‘(cc) Approval of reports to Congress pursu-\nant to clause (vii)(VII). \n‘‘(dd) Approval of transfers pursuant to sub-\nparagraph (E)(ii)(I). \n‘‘(ee) Other significant actions determined by \nthe Council. \n‘‘(II) Q\nUORUM .—A majority of State members \nshall be required to be present for the Council to take any significant action. \n‘‘(III) A\nFFIRMATIVE VOTE REQUIREMENT CON -\nSIDERED MET .—For approval of State plans pur-\nsuant to paragraph (3)(B)(iv), the certification by a State member of the Council that the plan satisfies all requirements of clauses (i) and (ii) of paragraph (3)(B), when joined by an affirma-tive vote of the Federal Chairperson of the Council, shall be considered to satisfy the re-quirements for affirmative votes under subclause (I). \n‘‘(IV) P\nUBLIC TRANSPARENCY .—Appropriate \nactions of the Council, including significant ac-tions and associated deliberations, shall be made available to the public via electronic means prior to any vote. \n‘‘(vii) D\nUTIES OF COUNCIL .—The Council \nshall— \n‘‘(I) develop the Comprehensive Plan and fu-\nture revisions to the Comprehensive Plan; \n‘‘(II) identify as soon as practicable the \nprojects that— \n‘‘(aa) have been authorized prior to the date \nof enactment of this subsection but not yet com-menced; and \n‘‘(bb) if implemented quickly, would restore \nand protect the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, barrier islands, dunes, and coastal wetlands of the Gulf Coast region; \n‘‘(III) establish such other 1 or more advisory \ncommittees as may be necessary to assist the Council, including a scientific advisory com-mittee and a committee to advise the Council on public policy issues; \n‘‘(IV) collect and consider scientific and other \nresearch associated with restoration of the Gulf Coast ecosystem, including research, observa-tion, and monitoring carried out pursuant to sections 1604 and 1605 of the Resources and Eco-systems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012; \n‘‘(V) develop standard terms to include in con-\ntracts for projects and programs awarded pursu-ant to the Comprehensive Plan that provide a preference to individuals and companies that re-side in, are headquartered in, or are principally engaged in business in a Gulf Coast State; \n‘‘(VI) prepare an integrated financial plan \nand recommendations for coordinated budget re-quests for the amounts proposed to be expended by the Federal agencies represented on the Council for projects and programs in the Gulf Coast States; and \n‘‘(VII) submit to Congress an annual report \nthat— \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00323 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4482 June 28, 2012 \n‘‘(aa) summarizes the policies, strategies, \nplans, and activities for addressing the restora-tion and protection of the Gulf Coast region; \n‘‘(bb) describes the projects and programs \nbeing implemented to restore and protect the Gulf Coast region, including— \n‘‘(AA) a list of each project and program; ‘‘(BB) an identification of the funding pro-\nvided to projects and programs identified in subitem (AA); \n‘‘(CC) an identification of each recipient for \nfunding identified in subitem (BB); and \n‘‘(DD) a description of the length of time and \nfunding needed to complete the objectives of each project and program identified in subitem (AA); \n‘‘(cc) makes such recommendations to Con-\ngress for modifications of existing laws as the Council determines necessary to implement the Comprehensive Plan; \n‘‘(dd) reports on the progress on implementa-\ntion of each project or program— \n‘‘(AA) after 3 years of ongoing activity of the \nproject or program, if applicable; and \n‘‘(BB) on completion of the project or pro-\ngram; \n‘‘(ee) includes the information required to be \nsubmitted under section 1605(c)(4) of the Re-sources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012; and \n‘‘(ff) submits the reports required under item \n(dd) to— \n‘‘(AA) the Committee on Science, Space, and \nTechnology, the Committee on Natural Re-sources, the Committee on Transportation and Infrastructure, and the Committee on Appro-priations of the House of Representatives; and \n‘‘(BB) the Committee on Environment and \nPublic Works, the Committee on Commerce, Science, and Transportation, the Committee on Energy and Natural Resources, and the Com-mittee on Appropriations of the Senate. \n‘‘(viii) A\nPPLICATION OF FEDERAL ADVISORY \nCOMMITTEE ACT .—The Council, or any other ad-\nvisory committee established under this subpara-graph, shall not be considered an advisory com-mittee under the Federal Advisory Committee Act (5 U.S.C. App.). \n‘‘(ix) S\nUNSET .—The authority for the Council, \nand any other advisory committee established under this subparagraph, shall terminate on the date all funds in the Trust Fund have been ex-pended. \n‘‘(D) C\nOMPREHENSIVE PLAN .— \n‘‘(i) P ROPOSED PLAN .— \n‘‘(I) I N GENERAL .—Not later than 180 days \nafter the date of enactment of the Resources and Ecosystems Sustainability, Tourist Opportuni-ties, and Revived Economies of the Gulf Coast States Act of 2012, the Chairperson, on behalf of the Council and after appropriate public input, review, and comment, shall publish a proposed plan to restore and protect the natural re-sources, ecosystems, fisheries, marine and wild-life habitats, beaches, and coastal wetlands of the Gulf Coast region. \n‘‘(II) I\nNCLUSIONS .—The proposed plan de-\nscribed in subclause (I) shall include and incor-porate the findings and information prepared by the President’s Gulf Coast Restoration Task Force. \n‘‘(ii) P\nUBLICATION .— \n‘‘(I) I NITIAL PLAN .—Not later than 1 year after \nthe date of enactment of the Resources and Eco-systems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012 and after notice and opportunity for public comment, the Chairperson, on behalf of the Council and after approval by the Council, shall publish in the Federal Register the initial Comprehensive Plan to restore and protect the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, and coastal wet-lands of the Gulf Coast region. \n‘‘(II) C\nOOPERATION WITH GULF COAST RES -\nTORATION TASK FORCE .—The Council shall de-\nvelop the initial Comprehensive Plan in close co-ordination with the President’s Gulf Coast Res-\ntoration Task Force. \n‘‘(III) C ONSIDERATIONS .—In developing the \ninitial Comprehensive Plan and subsequent up-dates, the Council shall consider all relevant findings, reports, or research prepared or fund-ed under section 1604 or 1605 of the Resources and Ecosystems Sustainability, Tourist Oppor-tunities, and Revived Economies of the Gulf Coast States Act of 2012. \n‘‘(IV) C\nONTENTS .—The initial Comprehensive \nPlan shall include— \n‘‘(aa) such provisions as are necessary to fully \nincorporate in the Comprehensive Plan the strategy, projects, and programs recommended by the President’s Gulf Coast Restoration Task Force; \n‘‘(bb) a list of any project or program author-\nized prior to the date of enactment of this sub-section but not yet commenced, the completion of which would further the purposes and goals of this subsection and of the Resources and Eco-systems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012; \n‘‘(cc) a description of the manner in which \namounts from the Trust Fund projected to be made available to the Council for the succeeding 10 years will be allocated; and \n‘‘(dd) subject to available funding in accord-\nance with clause (iii), a prioritized list of spe-cific projects and programs to be funded and carried out during the 3-year period immediately following the date of publication of the initial Comprehensive Plan, including a table that il-lustrates the distribution of projects and pro-grams by the Gulf Coast State. \n‘‘(V) P\nLAN UPDATES .—The Council shall up-\ndate— \n‘‘(aa) the Comprehensive Plan every 5 years \nin a manner comparable to the manner estab-lished in this subparagraph for each 5-year pe-riod for which amounts are expected to be made available to the Gulf Coast States from the Trust Fund; and \n‘‘(bb) the 3-year list of projects and programs \ndescribed in subclause (IV)(dd) annually. \n‘‘(iii) R\nESTORATION PRIORITIES .—Except for \nprojects and programs described in clause (ii)(IV)(bb), in selecting projects and programs to include on the 3-year list described in clause (ii)(IV)(dd), based on the best available science, the Council shall give highest priority to projects that address 1 or more of the following criteria: \n‘‘(I) Projects that are projected to make the \ngreatest contribution to restoring and protecting the natural resources, ecosystems, fisheries, ma-rine and wildlife habitats, beaches, and coastal wetlands of the Gulf Coast region, without re-gard to geographic location within the Gulf Coast region. \n‘‘(II) Large-scale projects and programs that \nare projected to substantially contribute to re-storing and protecting the natural resources, ecosystems, fisheries, marine and wildlife habi-tats, beaches, and coastal wetlands of the Gulf Coast ecosystem. \n‘‘(III) Projects contained in existing Gulf \nCoast State comprehensive plans for the restora-tion and protection of natural resources, eco-systems, fisheries, marine and wildlife habitats, beaches, and coastal wetlands of the Gulf Coast region. \n‘‘(IV) Projects that restore long-term resiliency \nof the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, and coastal wetlands most impacted by the Deep-water Horizon oil spill. \n‘‘(E) I\nMPLEMENTATION .— \n‘‘(i) I N GENERAL .—The Council, acting \nthrough the Federal agencies represented on the Council and Gulf Coast States, shall expend funds made available from the Trust Fund to carry out projects and programs adopted in the Comprehensive Plan. \n‘‘(ii) A\nDMINISTRATIVE RESPONSIBILITY .— \n‘‘(I) I N GENERAL .—Primary authority and re-\nsponsibility for each project and program in-cluded in the Comprehensive Plan shall be as-\nsigned by the Council to a Gulf Coast State rep-resented on the Council or a Federal agency. \n‘‘(II) T\nRANSFER OF AMOUNTS .—Amounts nec-\nessary to carry out each project or program in-cluded in the Comprehensive Plan shall be transferred by the Secretary of the Treasury from the Trust Fund to that Federal agency or Gulf Coast State as the project or program is im-plemented, subject to such conditions as the Sec-retary of the Treasury, in consultation with the Secretary of the Interior and the Secretary of Commerce, established pursuant to section 1602 of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012. \n‘‘(III) L\nIMITATION ON TRANSFERS .— \n‘‘(aa) G RANTS TO NONGOVERNMENTAL ENTI -\nTIES.—In the case of funds transferred to a Fed-\neral or State agency under subclause (II), the agency shall not make 1 or more grants or coop-erative agreements to a nongovernmental entity if the total amount provided to the entity would equal or exceed 10 percent of the total amount provided to the agency for that particular project or program, unless the 1 or more grants have been reported in accordance with item (bb). \n‘‘(bb) R\nEPORTING OF GRANTEES .—At least 30 \ndays prior to making a grant or entering into a cooperative agreement described in item (aa), the name of each grantee, including the amount and purpose of each grant or cooperative agree-ment, shall be published in the Federal Register and delivered to the congressional committees listed in subparagraph (C)(vii)(VII)(ff). \n‘‘(cc) A\nNNUAL REPORTING OF GRANTEES .—An-\nnually, the name of each grantee, including the amount and purposes of each grant or coopera-tive agreement, shall be published in the Federal Register and delivered to Congress as part of the report submitted pursuant to subparagraph (C)(vii)(VII). \n‘‘(IV) P\nROJECT AND PROGRAM LIMITATION .— \nThe Council, a Federal agency, or a State may not carry out a project or program funded under this paragraph outside of the Gulf Coast region. \n‘‘(F) C\nOORDINATION .—The Council and the \nFederal members of the Council may develop memoranda of understanding establishing inte-grated funding and implementation plans among the member agencies and authorities. \n‘‘(3) O\nIL SPILL RESTORATION IMPACT ALLOCA -\nTION.— \n‘‘(A) I N GENERAL .— \n‘‘(i) D ISBURSEMENT .—Of the total amount \nmade available from the Trust Fund, 30 percent shall be disbursed pursuant to the formula in clause (ii) to the Gulf Coast States on the ap-proval of the plan described in subparagraph (B)(i). \n‘‘(ii) F\nORMULA .—Subject to subparagraph (B), \nfor each Gulf Coast State, the amount disbursed under this paragraph shall be based on a for-mula established by the Council by regulation that is based on a weighted average of the fol-lowing criteria: \n‘‘(I) 40 percent based on the proportionate \nnumber of miles of shoreline in each Gulf Coast State that experienced oiling on or before April 10, 2011, compared to the total number of miles of shoreline that experienced oiling as a result of the Deepwater Horizon oil spill. \n‘‘(II) 40 percent based on the inverse propor-\ntion of the average distance from the mobile off-shore drilling unit Deepwater Horizon at the time of the explosion to the nearest and farthest point of the shoreline that experienced oiling of each Gulf Coast State. \n‘‘(III) 20 percent based on the average popu-\nlation in the 2010 decennial census of coastal counties bordering the Gulf of Mexico within each Gulf Coast State. \n‘‘(iii) M\nINIMUM ALLOCATION .—The amount \ndisbursed to a Gulf Coast State for each fiscal year under clause (ii) shall be at least 5 percent of the total amounts made available under this paragraph. \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00324 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4483 June 28, 2012 \n‘‘(B) D ISBURSEMENT OF FUNDS .— \n‘‘(i) I N GENERAL .—The Council shall disburse \namounts to the respective Gulf Coast States in accordance with the formula developed under subparagraph (A) for projects, programs, and activities that will improve the ecosystems or economy of the Gulf Coast region, subject to the condition that each Gulf Coast State submits a plan for the expenditure of amounts disbursed under this paragraph that meets the following criteria: \n‘‘(I) All projects, programs, and activities in-\ncluded in the plan are eligible activities pursu-ant to clauses (i) and (ii) of paragraph (1)(B). \n‘‘(II) The projects, programs, and activities in-\ncluded in the plan contribute to the overall eco-nomic and ecological recovery of the Gulf Coast. \n‘‘(III) The plan takes into consideration the \nComprehensive Plan and is consistent with the goals and objectives of the Plan, as described in paragraph (2)(B)(i). \n‘‘(ii) F\nUNDING .— \n‘‘(I) I N GENERAL .—Except as provided in sub-\nclause (II), the plan described in clause (i) may use not more than 25 percent of the funding made available for infrastructure projects eligi-ble under subclauses (VI) and (VII) of para-graph (1)(B)(i). \n‘‘(II) E\nXCEPTION .—The plan described in \nclause (i) may propose to use more than 25 per-cent of the funding made available for infra-structure projects eligible under subclauses (VI) and (VII) of paragraph (1)(B)(i) if the plan cer-tifies that— \n‘‘(aa) ecosystem restoration needs in the State \nwill be addressed by the projects in the proposed plan; and \n‘‘(bb) additional investment in infrastructure \nis required to mitigate the impacts of the Deep-water Horizon Oil Spill to the ecosystem or economy. \n‘‘(iii) D\nEVELOPMENT .—The plan described in \nclause (i) shall be developed by— \n‘‘(I) in the State of Alabama, the Alabama \nGulf Coast Recovery Council established under paragraph (1)(F)(i); \n‘‘(II) in the State of Florida, a consortia of \nlocal political subdivisions that includes at a minimum 1 representative of each affected coun-ty; \n‘‘(III) in the State of Louisiana, the Coastal \nProtection and Restoration Authority of Lou-isiana; \n‘‘(IV) in the State of Mississippi, the Office of \nthe Governor or an appointee of the Office of the Governor; and \n‘‘(V) in the State of Texas, the Office of the \nGovernor or an appointee of the Office of the Governor. \n‘‘(iv) A\nPPROVAL .—Not later than 60 days after \nthe date on which a plan is submitted under clause (i), the Council shall approve or dis-approve the plan based on the conditions of clause (i). \n‘‘(C) D\nISAPPROVAL .—If the Council dis-\napproves a plan pursuant to subparagraph (B)(iv), the Council shall— \n‘‘(i) provide the reasons for disapproval in \nwriting; and \n‘‘(ii) consult with the State to address any \nidentified deficiencies with the State plan. \n‘‘(D) F\nAILURE TO SUBMIT ADEQUATE PLAN .—If \na State fails to submit an adequate plan under this paragraph, any funds made available under this paragraph shall remain in the Trust Fund until such date as a plan is submitted and ap-proved pursuant to this paragraph. \n‘‘(E) J\nUDICIAL REVIEW .—If the Council fails to \napprove or take action within 60 days on a plan, as described in subparagraph (B)(iv), the State may obtain expedited judicial review with-in 90 days of that decision in a district court of the United States, of appropriate jurisdiction and venue, that is located within the State seek-ing the review. \n‘‘(F) C\nOST-SHARING .— \n‘‘(i) I N GENERAL .—A Gulf Coast State or coast-\nal political subdivision may use, in whole or in part, amounts made available to that Gulf Coast \nState or coastal political subdivision under this paragraph to satisfy the non-Federal share of any project or program that— \n‘‘(I) is authorized by other Federal law; and ‘‘(II) is an eligible activity described in clause \n(i) or (ii) of paragraph (1)(B). \n‘‘(ii) E\nFFECT ON OTHER FUNDS .—The use of \nfunds made available from the Trust Fund under this paragraph to satisfy the non-Federal share of the cost of a project or program de-scribed in clause (i) shall not affect the priority in which other Federal funds are allocated or awarded. \n‘‘(4) A\nUTHORIZATION OF INTEREST TRANS -\nFERS.—Of the total amount made available for \nany fiscal year from the Trust Fund that is equal to the interest earned by the Trust Fund and proceeds from investments made by the Trust Fund in the preceding fiscal year— \n‘‘(A) 50 percent shall be divided equally be-\ntween— \n‘‘(i) the Gulf Coast Ecosystem Restoration \nScience, Observation, Monitoring, and Tech-nology program authorized in section 1604 of the Resources and Ecosystems Sustainability, Tour-ist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012; and \n‘‘(ii) the centers of excellence research grants \nauthorized in section 1605 of that Act; and \n‘‘(B) 50 percent shall be made available to the \nGulf Coast Ecosystem Restoration Council to carry out the Comprehensive Plan pursuant to paragraph (2).’’. \nSEC. 1604. GULF COAST ECOSYSTEM RESTORA-\nTION SCIENCE, OBSERVATION, MONI-TORING, AND TECHNOLOGY PRO-GRAM. \n(a) D EFINITIONS .—In this section: \n(1) A DMINISTRATOR .—The term ‘‘Adminis-\ntrator’’ means the Administrator of the National Oceanic and Atmospheric Administration. \n(2) C\nOMMISSION .—The term ‘‘Commission’’ \nmeans the Gulf States Marine Fisheries Commis-sion. \n(3) D\nIRECTOR .—The term ‘‘Director’’ means \nthe Director of the United States Fish and Wild-life Service. \n(4) P\nROGRAM .—The term ‘‘program’’ means \nthe Gulf Coast Ecosystem Restoration Science, Observation, Monitoring, and Technology pro-gram established under this section. \n(b) E\nSTABLISHMENT OF PROGRAM .— \n(1) I N GENERAL .—Not later than 180 days after \nthe date of enactment of this Act, the Adminis-trator, in consultation with the Director, shall establish the Gulf Coast Ecosystem Restoration Science, Observation, Monitoring, and Tech-nology program to carry out research, observa-tion, and monitoring to support, to the max-imum extent practicable, the long-term sustain-ability of the ecosystem, fish stocks, fish habi-tat, and the recreational, commercial, and char-ter fishing industry in the Gulf of Mexico. \n(2) E\nXPENDITURE OF FUNDS .—For each fiscal \nyear, amounts made available to carry out this subsection may be expended for, with respect to the Gulf of Mexico— \n(A) marine and estuarine research; (B) marine and estuarine ecosystem moni-\ntoring and ocean observation; \n(C) data collection and stock assessments; (D) pilot programs for— (i) fishery independent data; and (ii) reduction of exploitation of spawning ag-\ngregations; and \n(E) cooperative research. \n(3) C\nOOPERATION WITH THE COMMISSION .—For \neach fiscal year, amounts made available to carry out this subsection may be transferred to the Commission to establish a fisheries moni-toring and research program, with respect to the Gulf of Mexico. \n(4) C\nONSULTATION .—The Administrator and \nthe Director shall consult with the Regional Gulf of Mexico Fishery Management Council and the Commission in carrying out the pro-gram. (c) S\nPECIES INCLUDED .—The research, moni-\ntoring, assessment, and programs eligible for amounts made available under the program shall include all marine, estuarine, aquaculture, and fish species in State and Federal waters of the Gulf of Mexico. \n(d) R\nESEARCH PRIORITIES .—In distributing \nfunding under this subsection, priority shall be given to integrated, long-term projects that— \n(1) build on, or are coordinated with, related \nresearch activities; and \n(2) address current or anticipated marine eco-\nsystem, fishery, or wildlife management infor-mation needs. \n(e) D\nUPLICATION .—In carrying out this sec-\ntion, the Administrator, in consultation with the Director, shall seek to avoid duplication of other research and monitoring activities. \n(f) C\nOORDINATION WITHOTHER PROGRAMS .— \nThe Administrator, in consultation with the Di-rector, shall develop a plan for the coordination of projects and activities between the program and other existing Federal and State science and technology programs in the States of Ala-bama, Florida, Louisiana, Mississippi, and Texas, as well as between the centers of excel-lence. \n(g) L\nIMITATION ON EXPENDITURES .— \n(1) I N GENERAL .—Not more than 3 percent of \nfunds provided in subsection (h) shall be used for administrative expenses. \n(2) NOAA.—The funds provided in subsection \n(h) may not be used— \n(A) for any existing or planned research led \nby the National Oceanic and Atmospheric Ad-ministration, unless agreed to in writing by the grant recipient; \n(B) to implement existing regulations or ini-\ntiate new regulations promulgated or proposed by the National Oceanic and Atmospheric Ad-ministration; or \n(C) to develop or approve a new limited access \nprivilege program (as that term is used in sec-tion 303A of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1853a)) for any fishery under the jurisdiction of the South Atlantic, Mid-Atlantic, New England, or Gulf of Mexico Fishery Management Coun-cils. \n(h) F\nUNDING .—Of the total amount made \navailable for each fiscal year for the Gulf Coast Restoration Trust Fund established under sec-tion 1602, 2.5 percent shall be available to carry out the program. \n(i) S\nUNSET .—The program shall cease oper-\nations when all funds in the Gulf Coast Res-toration Trust Fund established under section 1602 have been expended. \nSEC. 1605. CENTERS OF EXCELLENCE RESEARCH \nGRANTS. \n(a) I NGENERAL .—Of the total amount made \navailable for each fiscal year from the Gulf Coast Restoration Trust Fund established under section 1602, 2.5 percent shall be made available to the Gulf Coast States (as defined in section 311(a) of the Federal Water Pollution Control Act (as added by section 1603 of the Resources and Ecosystems Sustainability, Tourist Oppor-tunities, and Revived Economies of the Gulf Coast States Act of 2012)), in equal shares, ex-clusively for grants in accordance with sub-section (c) to establish centers of excellence to conduct research only on the Gulf Coast Region (as defined in section 311 of the Federal Water Pollution Control Act (33. U.S.C. 1321)). \n(b) A\nPPROVAL BY STATE ENTITY , TASKFORCE, \nORAGENCY .—The duties of a Gulf Coast State \nunder this section shall be carried out by the applicable Gulf Coast State entities, task forces, or agencies listed in section 311(t)(1)(F) of the Federal Water Pollution Control Act (as added by section 1603 of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Re-vived Economies of the Gulf Coast States Act of 2012), and for the State of Florida, a consortium of public and private research institutions with-in the State, which shall include the Florida De-partment of Environmental Protection and the \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00325 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4484 June 28, 2012 \nFlorida Fish and Wildlife Conservation Commis-\nsion, for that Gulf Coast State. \n(c) G RANTS .— \n(1) I N GENERAL .—A Gulf Coast State shall use \nthe amounts made available to carry out this section to award competitive grants to non-governmental entities and consortia in the Gulf Coast region (including public and private insti-tutions of higher education) for the establish-ment of centers of excellence as described in sub-section (d). \n(2) A\nPPLICATION .—To be eligible to receive a \ngrant under this subsection, an entity or consor-tium described in paragraph (1) shall submit to a Gulf Coast State an application at such time, in such manner, and containing such informa-tion as the Gulf Coast State determines to be ap-propriate. \n(3) P\nRIORITY .—In awarding grants under this \nsubsection, a Gulf Coast State shall give priority to entities and consortia that demonstrate the ability to establish the broadest cross-section of participants with interest and expertise in any discipline described in subsection (d) on which the proposal of the center of excellence will be focused. \n(4) R\nEPORTING .— \n(A) I N GENERAL .—Each Gulf Coast State shall \nprovide annually to the Gulf Coast Ecosystem Restoration Council established under section 311(t)(2)(C) of the Federal Water Pollution Con-trol Act (as added by section 1603 of the Re-sources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012) information re-garding all grants, including the amount, dis-cipline or disciplines, and recipients of the grants, and in the case of any grant awarded to a consortium, the membership of the consortium. \n(B) I\nNCLUSION .—The Gulf Coast Ecosystem \nRestoration Council shall include the informa-tion received under subparagraph (A) in the an-nual report to Congress of the Council required under section 311(t)(2)(C)(vii)(VII) of the Fed-eral Water Pollution Control Act (as added by section 1603 of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Re-vived Economies of the Gulf Coast States Act of 2012). \n(d) D\nISCIPLINES .—Each center of excellence \nshall focus on science, technology, and moni-toring in at least 1 of the following disciplines: \n(1) Coastal and deltaic sustainability, restora-\ntion and protection, including solutions and technology that allow citizens to live in a safe and sustainable manner in a coastal delta in the Gulf Coast Region. \n(2) Coastal fisheries and wildlife ecosystem re-\nsearch and monitoring in the Gulf Coast Region. \n(3) Offshore energy development, including re-\nsearch and technology to improve the sustain-able and safe development of energy resources in the Gulf of Mexico. \n(4) Sustainable and resilient growth, economic \nand commercial development in the Gulf Coast Region. \n(5) Comprehensive observation, monitoring, \nand mapping of the Gulf of Mexico. \nSEC. 1606. EFFECT. \n(a) D EFINITION OF DEEPWATER HORIZON OIL \nSPILL.—In this section, the term ‘‘Deepwater \nHorizon oil spill’’ has the meaning given the term in section 311(a) of the Federal Water Pol-lution Control Act (33 U.S.C. 1321(a)). \n(b) E\nFFECT AND APPLICATION .—Nothing in \nthis subtitle or any amendment made by this subtitle— \n(1) supersedes or otherwise affects any other \nprovision of Federal law, including, in par-ticular, laws providing recovery for injury to natural resources under the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.) and laws for the protection of public health and the environ-ment; or \n(2) applies to any fine collected under section \n311 of the Federal Water Pollution Control Act (33 U.S.C. 1321) for any incident other than the Deepwater Horizon oil spill. (c) U\nSE OF FUNDS.—Funds made available \nunder this subtitle may be used only for eligible activities specifically authorized by this subtitle and the amendments made by this subtitle. \nSEC. 1607. RESTORATION AND PROTECTION AC-\nTIVITY LIMITATIONS. \n(a) W ILLING SELLER .—Funds made available \nunder this subtitle may only be used to acquire land or interests in land by purchase, exchange, or donation from a willing seller. \n(b) A\nCQUISITION OF FEDERAL LAND.—None of \nthe funds made available under this subtitle may be used to acquire land in fee title by the Federal Government unless— \n(1) the land is acquired by exchange or dona-\ntion; or \n(2) the acquisition is necessary for the restora-\ntion and protection of the natural resources, ecosystems, fisheries, marine and wildlife habi-tats, beaches, and coastal wetlands of the Gulf Coast region and has the concurrence of the Governor of the State in which the acquisition will take place. \nSEC. 1608. INSPECTOR GENERAL. \nThe Office of the Inspector General of the De-\npartment of the Treasury shall have authority to conduct, supervise, and coordinate audits and investigations of projects, programs, and activities funded under this subtitle and the amendments made by this subtitle. \nTITLE II—AMERICA FAST FORWARD \nFINANCING INNOVATION \nSEC. 2001. SHORT TITLE. \nThis title may be cited as the ‘‘America Fast \nForward Financing Innovation Act of 2012’’. \nSEC. 2002. TRANSPORTATION INFRASTRUCTURE \nFINANCE AND INNOVATION ACT OF 1998 AMENDMENTS. \nSections 601 through 609 of title 23, United \nStates Code, are amended to read as follows: \n‘‘§ 601. Generally applicable provisions \n‘‘(a) D EFINITIONS .—In this chapter, the fol-\nlowing definitions apply: \n‘‘(1) C ONTINGENT COMMITMENT .—The term \n‘contingent commitment’ means a commitment to obligate an amount from future available budget authority that is— \n‘‘(A) contingent on those funds being made \navailable in law at a future date; and \n‘‘(B) not an obligation of the Federal Govern-\nment. \n‘‘(2) E\nLIGIBLE PROJECT COSTS .—The term ‘eli-\ngible project costs’ means amounts substantially all of which are paid by, or for the account of, an obligor in connection with a project, includ-ing the cost of— \n‘‘(A) development phase activities, including \nplanning, feasibility analysis, revenue fore-casting, environmental review, permitting, pre-liminary engineering and design work, and other preconstruction activities; \n‘‘(B) construction, reconstruction, rehabilita-\ntion, replacement, and acquisition of real prop-erty (including land relating to the project and improvements to land), environmental mitiga-tion, construction contingencies, and acquisi-tion of equipment; and \n‘‘(C) capitalized interest necessary to meet \nmarket requirements, reasonably required re-serve funds, capital issuance expenses, and other carrying costs during construction. \n‘‘(3) F\nEDERAL CREDIT INSTRUMENT .—The term \n‘Federal credit instrument’ means a secured loan, loan guarantee, or line of credit author-ized to be made available under this chapter with respect to a project. \n‘‘(4) I\nNVESTMENT -GRADE RATING .—The term \n‘investment-grade rating’ means a rating of BBB minus, Baa3, bbb minus, BBB (low), or higher assigned by a rating agency to project obligations. \n‘‘(5) L\nENDER .—The term ‘lender’ means any \nnon-Federal qualified institutional buyer (as de-fined in section 230.144A(a) of title 17, Code of Federal Regulations (or any successor regula-tion), known as Rule 144A(a) of the Securities and Exchange Commission and issued under the \nSecurities Act of 1933 (15 U.S.C. 77a et seq.)), in-cluding— \n‘‘(A) a qualified retirement plan (as defined in \nsection 4974(c) of the Internal Revenue Code of 1986) that is a qualified institutional buyer; and \n‘‘(B) a governmental plan (as defined in sec-\ntion 414(d) of the Internal Revenue Code of 1986) that is a qualified institutional buyer. \n‘‘(6) L\nETTER OF INTEREST .—The term ‘letter of \ninterest’ means a letter submitted by a potential applicant prior to an application for credit as-sistance in a format prescribed by the Secretary on the website of the TIFIA program that— \n‘‘(A) describes the project and the location, \npurpose, and cost of the project; \n‘‘(B) outlines the proposed financial plan, in-\ncluding the requested credit assistance and the proposed obligor; \n‘‘(C) provides a status of environmental re-\nview; and \n‘‘(D) provides information regarding satisfac-\ntion of other eligibility requirements of the TIFIA program. \n‘‘(7) L\nINE OF CREDIT .—The term ‘line of credit’ \nmeans an agreement entered into by the Sec-retary with an obligor under section 604 to pro-vide a direct loan at a future date upon the oc-currence of certain events. \n‘‘(8) L\nIMITED BUYDOWN .—The term ‘limited \nbuydown’ means, subject to the conditions de-scribed in section 603(b)(4)(C), a buydown of the interest rate by the obligor if the interest rate has increased between— \n‘‘(A)(i) the date on which a project applica-\ntion acceptable to the Secretary is submitted; or \n‘‘(ii) the date on which the Secretary entered \ninto a master credit agreement; and \n‘‘(B) the date on which the Secretary executes \nthe Federal credit instrument. \n‘‘(9) L\nOAN GUARANTEE .—The term ‘loan guar-\nantee’ means any guarantee or other pledge by the Secretary to pay all or part of the principal of and interest on a loan or other debt obliga-tion issued by an obligor and funded by a lend-er. \n‘‘(10) M\nASTER CREDIT AGREEMENT .—The term \n‘master credit agreement’ means an agreement to extend credit assistance for a program of projects secured by a common security pledge (which shall receive an investment grade rating from a rating agency), or for a single project covered under section 602(b)(2) that would— \n‘‘(A) make contingent commitments of 1 or \nmore secured loans or other Federal credit in-struments at future dates, subject to the avail-ability of future funds being made available to carry out this chapter; \n‘‘(B) establish the maximum amounts and gen-\neral terms and conditions of the secured loans or other Federal credit instruments; \n‘‘(C) identify the 1 or more dedicated non-Fed-\neral revenue sources that will secure the repay-ment of the secured loans or secured Federal credit instruments; \n‘‘(D) provide for the obligation of funds for \nthe secured loans or secured Federal credit in-struments after all requirements have been met for the projects subject to the master credit agreement, including— \n‘‘(i) completion of an environmental impact \nstatement or similar analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); \n‘‘(ii) compliance with such other requirements \nas are specified in section 602(c); and \n‘‘(iii) the availability of funds to carry out \nthis chapter; and \n‘‘(E) require that contingent commitments re-\nsult in a financial close and obligation of credit assistance not later than 3 years after the date of entry into the master credit agreement, or re-lease of the commitment, unless otherwise ex-tended by the Secretary. \n‘‘(11) O\nBLIGOR .—The term ‘obligor’ means a \nparty that— \n‘‘(A) is primarily liable for payment of the \nprincipal of or interest on a Federal credit in-strument; and \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00326 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4485 June 28, 2012 \n‘‘(B) may be a corporation, partnership, joint \nventure, trust, or governmental entity, agency, or instrumentality. \n‘‘(12) P\nROJECT .—The term ‘project’ means— \n‘‘(A) any surface transportation project eligi-\nble for Federal assistance under this title or chapter 53 of title 49; \n‘‘(B) a project for an international bridge or \ntunnel for which an international entity au-thorized under Federal or State law is respon-sible; \n‘‘(C) a project for intercity passenger bus or \nrail facilities and vehicles, including facilities and vehicles owned by the National Railroad Passenger Corporation and components of mag-netic levitation transportation systems; and \n‘‘(D) a project that— ‘‘(i) is a project— ‘‘(I) for a public freight rail facility or a pri-\nvate facility providing public benefit for high-way users by way of direct freight interchange between highway and rail carriers; \n‘‘(II) for an intermodal freight transfer facil-\nity; \n‘‘(III) for a means of access to a facility de-\nscribed in subclause (I) or (II); \n‘‘(IV) for a service improvement for a facility \ndescribed in subclause (I) or (II) (including a capital investment for an intelligent transpor-tation system); or \n‘‘(V) that comprises a series of projects de-\nscribed in subclauses (I) through (IV) with the common objective of improving the flow of goods; \n‘‘(ii) may involve the combining of private and \npublic sector funds, including investment of public funds in private sector facility improve-ments; \n‘‘(iii) if located within the boundaries of a \nport terminal, includes only such surface trans-portation infrastructure modifications as are necessary to facilitate direct intermodal inter-change, transfer, and access into and out of the port; and \n‘‘(iv) is composed of related highway, surface \ntransportation, transit, rail, or intermodal cap-ital improvement projects eligible for assistance under this section in order to meet the eligible project cost threshold under section 602, by grouping related projects together for that pur-pose, subject to the condition that the credit as-sistance for the projects is secured by a common pledge. \n‘‘(13) P\nROJECT OBLIGATION .—The term ‘project \nobligation’ means any note, bond, debenture, or other debt obligation issued by an obligor in connection with the financing of a project, other than a Federal credit instrument. \n‘‘(14) R\nATING AGENCY .—The term ‘rating agen-\ncy’ means a credit rating agency registered with the Securities and Exchange Commission as a nationally recognized statistical rating organi-zation (as that term is defined in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a))). \n‘‘(15) R\nURAL INFRASTRUCTURE PROJECT .—The \nterm ‘rural infrastructure project’ means a sur-face transportation infrastructure project lo-cated in any area other than a city with a pop-ulation of more than 250,000 inhabitants within the city limits. \n‘‘(16) S\nECURED LOAN .—The term ‘secured loan’ \nmeans a direct loan or other debt obligation issued by an obligor and funded by the Sec-retary in connection with the financing of a project under section 603. \n‘‘(17) S\nTATE.—The term ‘State’ has the mean-\ning given the term in section 101. \n‘‘(18) S UBSIDY AMOUNT .—The term ‘subsidy \namount’ means the amount of budget authority sufficient to cover the estimated long-term cost to the Federal Government of a Federal credit instrument— \n‘‘(A) calculated on a net present value basis; \nand \n‘‘(B) excluding administrative costs and any \nincidental effects on governmental receipts or outlays in accordance with the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.). ‘‘(19) S\nUBSTANTIAL COMPLETION .—The term \n‘substantial completion’ means— \n‘‘(A) the opening of a project to vehicular or \npassenger traffic; or \n‘‘(B) a comparable event, as determined by the \nSecretary and specified in the credit agreement. \n‘‘(20) TIFIA PROGRAM .—The term ‘TIFIA pro-\ngram’ means the transportation infrastructure finance and innovation program of the Depart-ment. \n‘‘(b) T\nREATMENT OF CHAPTER .—For purposes \nof this title, this chapter shall be treated as being part of chapter 1. \n‘‘§ 602. Determination of eligibility and project \nselection \n‘‘(a) E\nLIGIBILITY .— \n‘‘(1) I N GENERAL .—A project shall be eligible to \nreceive credit assistance under this chapter if— \n‘‘(A) the entity proposing to carry out the \nproject submits a letter of interest prior to sub-mission of a formal application for the project; and \n‘‘(B) the project meets the criteria described in \nthis subsection. \n‘‘(2) C\nREDITWORTHINESS .— \n‘‘(A) I N GENERAL .—To be eligible for assist-\nance under this chapter, a project shall satisfy applicable creditworthiness standards, which, at a minimum, shall include— \n‘‘(i) a rate covenant, if applicable; ‘‘(ii) adequate coverage requirements to ensure \nrepayment; \n‘‘(iii) an investment grade rating from at least \n2 rating agencies on debt senior to the Federal credit instrument; and \n‘‘(iv) a rating from at least 2 rating agencies \non the Federal credit instrument, subject to the condition that, with respect to clause (iii), if the total amount of the senior debt and the Federal credit instrument is less than $75,000,000, 1 rat-ing agency opinion for each of the senior debt and Federal credit instrument shall be suffi-cient. \n‘‘(B) S\nENIOR DEBT .—Notwithstanding sub-\nparagraph (A), in a case in which the Federal credit instrument is the senior debt, the Federal credit instrument shall be required to receive an investment grade rating from at least 2 rating agencies, unless the credit instrument is for an amount less than $75,000,000, in which case 1 rating agency opinion shall be sufficient. \n‘‘(3) I\nNCLUSION IN TRANSPORTATION PLANS AND \nPROGRAMS .—A project shall satisfy the applica-\nble planning and programming requirements of sections 134 and 135 at such time as an agree-ment to make available a Federal credit instru-ment is entered into under this chapter. \n‘‘(4) A\nPPLICATION .—A State, local government, \npublic authority, public-private partnership, or any other legal entity undertaking the project and authorized by the Secretary shall submit a project application that is acceptable to the Sec-retary. \n‘‘(5) E\nLIGIBLE PROJECT COSTS .— \n‘‘(A) I N GENERAL .—Except as provided in sub-\nparagraph (B), to be eligible for assistance under this chapter, a project shall have eligible project costs that are reasonably anticipated to equal or exceed the lesser of— \n‘‘(i)(I) $50,000,000; or ‘‘(II) in the case of a rural infrastructure \nproject, $25,000,000; and \n‘‘(ii) 33\n1⁄3percent of the amount of Federal \nhighway assistance funds apportioned for the most recently completed fiscal year to the State in which the project is located. \n‘‘(B) I\nNTELLIGENT TRANSPORTATION SYSTEM \nPROJECTS .—In the case of a project principally \ninvolving the installation of an intelligent transportation system, eligible project costs shall be reasonably anticipated to equal or exceed $15,000,000. \n‘‘(6) D\nEDICATED REVENUE SOURCES .—The ap-\nplicable Federal credit instrument shall be re-payable, in whole or in part, from— \n‘‘(A) tolls; ‘‘(B) user fees; ‘‘(C) payments owing to the obligor under a \npublic-private partnership; or \n‘‘(D) other dedicated revenue sources that also \nsecure or fund the project obligations. \n‘‘(7) P\nUBLIC SPONSORSHIP OF PRIVATE ENTI -\nTIES.—In the case of a project that is under-\ntaken by an entity that is not a State or local government or an agency or instrumentality of a State or local government, the project that the entity is undertaking shall be publicly spon-sored as provided in paragraph (3). \n‘‘(8) A\nPPLICATIONS WHERE OBLIGOR WILL BE \nIDENTIFIED LATER .—A State, local government, \nagency or instrumentality of a State or local government, or public authority may submit to the Secretary an application under paragraph (4), under which a private party to a public-pri-vate partnership will be— \n‘‘(A) the obligor; and ‘‘(B) identified later through completion of a \nprocurement and selection of the private party. \n‘‘(9) B\nENEFICIAL EFFECTS .—The Secretary \nshall determine that financial assistance for the project under this chapter will— \n‘‘(A) foster, if appropriate, partnerships that \nattract public and private investment for the project; \n‘‘(B) enable the project to proceed at an ear-\nlier date than the project would otherwise be able to proceed or reduce the lifecycle costs (in-cluding debt service costs) of the project; and \n‘‘(C) reduce the contribution of Federal grant \nassistance for the project. \n‘‘(10) P\nROJECT READINESS .—To be eligible for \nassistance under this chapter, the applicant shall demonstrate a reasonable expectation that the contracting process for construction of the project can commence by not later than 90 days after the date on which a Federal credit instru-ment is obligated for the project under this chapter. \n‘‘(b) S\nELECTION AMONG ELIGIBLE PROJECTS .— \n‘‘(1) E STABLISHMENT .—The Secretary shall es-\ntablish a rolling application process under which projects that are eligible to receive credit assistance under subsection (a) shall receive credit assistance on terms acceptable to the Sec-retary, if adequate funds are available to cover the subsidy costs associated with the Federal credit instrument. \n‘‘(2) A\nDEQUATE FUNDING NOT AVAILABLE .—If \nthe Secretary fully obligates funding to eligible projects in a fiscal year, and adequate funding is not available to fund a credit instrument, a project sponsor of an eligible project may elect to enter into a master credit agreement and wait until the earlier of— \n‘‘(A) the following fiscal year; and ‘‘(B) the fiscal year during which additional \nfunds are available to receive credit assistance. \n‘‘(3) P\nRELIMINARY RATING OPINION LETTER .— \nThe Secretary shall require each project appli-cant to provide a preliminary rating opinion let-ter from at least 1 rating agency— \n‘‘(A) indicating that the senior obligations of \nthe project, which may be the Federal credit in-strument, have the potential to achieve an in-vestment-grade rating; and \n‘‘(B) including a preliminary rating opinion \non the Federal credit instrument. \n‘‘(c) F\nEDERAL REQUIREMENTS .— \n‘‘(1) I N GENERAL .—In addition to the require-\nments of this title for highway projects, the re-quirements of chapter 53 of title 49 for transit projects, and the requirements of section 5333(a) of title 49 for rail projects, the following provi-sions of law shall apply to funds made available under this chapter and projects assisted with those funds: \n‘‘(A) Title VI of the Civil Rights Act of 1964 \n(42 U.S.C. 2000d et seq.). \n‘‘(B) The National Environmental Policy Act \nof 1969 (42 U.S.C. 4321 et seq.). \n‘‘(C) The Uniform Relocation Assistance and \nReal Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.). \n‘‘(2) NEPA.—No funding shall be obligated for \na project that has not received an environ-mental categorical exclusion, a finding of no \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00327 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4486 June 28, 2012 \nsignificant impact, or a record of decision under \nthe National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). \n‘‘(d) A\nPPLICATION PROCESSING PROCEDURES .— \n‘‘(1) N OTICE OF COMPLETE APPLICATION .—Not \nlater than 30 days after the date of receipt of an application under this section, the Secretary shall provide to the applicant a written notice to inform the applicant whether— \n‘‘(A) the application is complete; or ‘‘(B) additional information or materials are \nneeded to complete the application. \n‘‘(2) A\nPPROVAL OR DENIAL OF APPLICATION .— \nNot later than 60 days after the date of issuance of the written notice under paragraph (1), the Secretary shall provide to the applicant a writ-ten notice informing the applicant whether the Secretary has approved or disapproved the ap-plication. \n‘‘(e) D\nEVELOPMENT PHASE ACTIVITIES .—Any \ncredit instrument secured under this chapter may be used to finance up to 100 percent of the cost of development phase activities as described in section 601(a)(1)(A). \n‘‘§ 603. Secured loans \n‘‘(a) I\nNGENERAL .— \n‘‘(1) A GREEMENTS .—Subject to paragraphs (2) \nand (3), the Secretary may enter into agree-ments with 1 or more obligors to make secured loans, the proceeds of which shall be used— \n‘‘(A) to finance eligible project costs of any \nproject selected under section 602; \n‘‘(B) to refinance interim construction financ-\ning of eligible project costs of any project se-lected under section 602; \n‘‘(C) to refinance existing Federal credit in-\nstruments for rural infrastructure projects; or \n‘‘(D) to refinance long-term project obligations \nor Federal credit instruments, if the refinancing provides additional funding capacity for the completion, enhancement, or expansion of any project that— \n‘‘(i) is selected under section 602; or ‘‘(ii) otherwise meets the requirements of sec-\ntion 602. \n‘‘(2) L\nIMITATION ON REFINANCING OF INTERIM \nCONSTRUCTION FINANCING .—A loan under para-\ngraph (1) shall not refinance interim construc-tion financing under paragraph (1)(B) later than 1 year after the date of substantial comple-tion of the project. \n‘‘(3) R\nISK ASSESSMENT .—Before entering into \nan agreement under this subsection, the Sec-retary, in consultation with the Director of the Office of Management and Budget, shall deter-mine an appropriate capital reserve subsidy amount for each secured loan, taking into ac-count each rating letter provided by an agency under section 602(b)(3)(B). \n‘‘(b) T\nERMS AND LIMITATIONS .— \n‘‘(1) I N GENERAL .—A secured loan under this \nsection with respect to a project shall be on such terms and conditions and contain such cov-enants, representations, warranties, and re-quirements (including requirements for audits) as the Secretary determines to be appropriate. \n‘‘(2) M\nAXIMUM AMOUNT .—The amount of a se-\ncured loan under this section shall not exceed the lesser of 49 percent of the reasonably antici-pated eligible project costs or if the secured loan does not receive an investment grade rating, the amount of the senior project obligations. \n‘‘(3) P\nAYMENT .—A secured loan under this \nsection— \n‘‘(A) shall— ‘‘(i) be payable, in whole or in part, from— ‘‘(I) tolls; ‘‘(II) user fees; ‘‘(III) payments owing to the obligor under a \npublic-private partnership; or \n‘‘(IV) other dedicated revenue sources that \nalso secure the senior project obligations; and \n‘‘(ii) include a rate covenant, coverage re-\nquirement, or similar security feature supporting the project obligations; and \n‘‘(B) may have a lien on revenues described in \nsubparagraph (A), subject to any lien securing project obligations. ‘‘(4) I\nNTEREST RATE .— \n‘‘(A) I N GENERAL .—Except as provided in sub-\nparagraphs (B) and (C), the interest rate on a secured loan under this section shall be not less than the yield on United States Treasury securi-ties of a similar maturity to the maturity of the secured loan on the date of execution of the loan agreement. \n‘‘(B) R\nURAL INFRASTRUCTURE PROJECTS .— \n‘‘(i) I N GENERAL .—The interest rate of a loan \noffered to a rural infrastructure project under this chapter shall be at \n1⁄2of the Treasury Rate \nin effect on the date of execution of the loan agreement. \n‘‘(ii) A\nPPLICATION .—The rate described in \nclause (i) shall only apply to any portion of a loan the subsidy cost of which is funded by amounts set aside for rural infrastructure projects under section 608(a)(3)(A). \n‘‘(C) L\nIMITED BUYDOWNS .—The interest rate of \na secured loan under this section may not be lowered by more than the lower of— \n‘‘(i) 1\n1⁄2percentage points (150 basis points); or \n‘‘(ii) the amount of the increase in the interest \nrate. \n‘‘(5) M ATURITY DATE .—The final maturity \ndate of the secured loan shall be the lesser of— \n‘‘(A) 35 years after the date of substantial \ncompletion of the project; and \n‘‘(B) if the useful life of the capital asset \nbeing financed is of a lesser period, the useful life of the asset. \n‘‘(6) N\nONSUBORDINATION .— \n‘‘(A) I N GENERAL .—Except as provided in sub-\nparagraph (B), the secured loan shall not be subordinated to the claims of any holder of project obligations in the event of bankruptcy, insolvency, or liquidation of the obligor. \n‘‘(B) P\nREEXISTING INDENTURE .— \n‘‘(i) I N GENERAL .—The Secretary shall waive \nthe requirement under subparagraph (A) for a public agency borrower that is financing ongo-ing capital programs and has outstanding senior bonds under a preexisting indenture, if— \n‘‘(I) the secured loan is rated in the A cat-\negory or higher; \n‘‘(II) the secured loan is secured and payable \nfrom pledged revenues not affected by project performance, such as a tax-backed revenue pledge or a system-backed pledge of project reve-nues; and \n‘‘(III) the TIFIA program share of eligible \nproject costs is 33 percent or less. \n‘‘(ii) L\nIMITATION .—If the Secretary waives the \nnonsubordination requirement under this sub-paragraph— \n‘‘(I) the maximum credit subsidy to be paid by \nthe Federal Government shall be not more than 10 percent of the principal amount of the se-cured loan; and \n‘‘(II) the obligor shall be responsible for pay-\ning the remainder of the subsidy cost, if any. \n‘‘(7) F\nEES.—The Secretary may establish fees \nat a level sufficient to cover all or a portion of the costs to the Federal Government of making a secured loan under this section. \n‘‘(8) N\nON-FEDERAL SHARE .—The proceeds of a \nsecured loan under this chapter may be used for any non-Federal share of project costs required under this title or chapter 53 of title 49, if the loan is repayable from non-Federal funds. \n‘‘(9) M\nAXIMUM FEDERAL INVOLVEMENT .—The \ntotal Federal assistance provided on a project receiving a loan under this chapter shall not ex-ceed 80 percent of the total project cost. \n‘‘(c) R\nEPAYMENT .— \n‘‘(1) S CHEDULE .—The Secretary shall establish \na repayment schedule for each secured loan under this section based on— \n‘‘(A) the projected cash flow from project reve-\nnues and other repayment sources; and \n‘‘(B) the useful life of the project. ‘‘(2) C\nOMMENCEMENT .—Scheduled loan repay-\nments of principal or interest on a secured loan under this section shall commence not later than 5 years after the date of substantial completion of the project. \n‘‘(3) D\nEFERRED PAYMENTS .— ‘‘(A) I N GENERAL .—If, at any time after the \ndate of substantial completion of the project, the project is unable to generate sufficient revenues to pay the scheduled loan repayments of prin-cipal and interest on the secured loan, the Sec-retary may, subject to subparagraph (C), allow the obligor to add unpaid principal and interest to the outstanding balance of the secured loan. \n‘‘(B) I\nNTEREST .—Any payment deferred under \nsubparagraph (A) shall— \n‘‘(i) continue to accrue interest in accordance \nwith subsection (b)(4) until fully repaid; and \n‘‘(ii) be scheduled to be amortized over the re-\nmaining term of the loan. \n‘‘(C) C RITERIA .— \n‘‘(i) I N GENERAL .—Any payment deferral \nunder subparagraph (A) shall be contingent on the project meeting criteria established by the Secretary. \n‘‘(ii) R\nEPAYMENT STANDARDS .—The criteria es-\ntablished pursuant to clause (i) shall include standards for reasonable assurance of repay-ment. \n‘‘(4) P\nREPAYMENT .— \n‘‘(A) U SE OF EXCESS REVENUES .—Any excess \nrevenues that remain after satisfying scheduled debt service requirements on the project obliga-tions and secured loan and all deposit require-ments under the terms of any trust agreement, bond resolution, or similar agreement securing project obligations may be applied annually to prepay the secured loan without penalty. \n‘‘(B) U\nSE OF PROCEEDS OF REFINANCING .—The \nsecured loan may be prepaid at any time with-out penalty from the proceeds of refinancing from non-Federal funding sources. \n‘‘(d) S\nALE OF SECURED LOANS.— \n‘‘(1) I N GENERAL .—Subject to paragraph (2), as \nsoon as practicable after substantial completion of a project and after notifying the obligor, the Secretary may sell to another entity or reoffer into the capital markets a secured loan for the project if the Secretary determines that the sale or reoffering can be made on favorable terms. \n‘‘(2) C\nONSENT OF OBLIGOR .—In making a sale \nor reoffering under paragraph (1), the Secretary may not change the original terms and condi-tions of the secured loan without the written consent of the obligor. \n‘‘(e) L\nOANGUARANTEES .— \n‘‘(1) I N GENERAL .—The Secretary may provide \na loan guarantee to a lender in lieu of making a secured loan under this section if the Sec-retary determines that the budgetary cost of the loan guarantee is substantially the same as that of a secured loan. \n‘‘(2) T\nERMS .—The terms of a loan guarantee \nunder paragraph (1) shall be consistent with the terms required under this section for a secured loan, except that the rate on the guaranteed loan and any prepayment features shall be ne-gotiated between the obligor and the lender, with the consent of the Secretary. \n‘‘§ 604. Lines of credit \n‘‘(a) I\nNGENERAL .— \n‘‘(1) A GREEMENTS .—Subject to paragraphs (2) \nthrough (4), the Secretary may enter into agree-ments to make available to 1 or more obligors lines of credit in the form of direct loans to be made by the Secretary at future dates on the oc-currence of certain events for any project se-lected under section 602. \n‘‘(2) U\nSE OF PROCEEDS .—The proceeds of a \nline of credit made available under this section shall be available to pay debt service on project obligations issued to finance eligible project costs, extraordinary repair and replacement costs, operation and maintenance expenses, and costs associated with unexpected Federal or State environmental restrictions. \n‘‘(3) R\nISK ASSESSMENT .—Before entering into \nan agreement under this subsection, the Sec-retary, in consultation with the Director of the Office of Management and Budget and each rating agency providing a preliminary rating opinion letter under section 602(b)(3), shall de-termine an appropriate capital reserve subsidy \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00328 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4487 June 28, 2012 \namount for each line of credit, taking into ac-\ncount the rating opinion letter. \n‘‘(4) I NVESTMENT -GRADE RATING REQUIRE -\nMENT .—The funding of a line of credit under \nthis section shall be contingent on the senior ob-ligations of the project receiving an investment- grade rating from 2 rating agencies. \n‘‘(b) T\nERMS AND LIMITATIONS .— \n‘‘(1) I N GENERAL .—A line of credit under this \nsection with respect to a project shall be on such terms and conditions and contain such cov-enants, representations, warranties, and re-quirements (including requirements for audits) as the Secretary determines to be appropriate. \n‘‘(2) M\nAXIMUM AMOUNTS .—The total amount \nof a line of credit under this section shall not exceed 33 percent of the reasonably anticipated eligible project costs. \n‘‘(3) D\nRAWS .—Any draw on a line of credit \nunder this section shall— \n‘‘(A) represent a direct loan; and ‘‘(B) be made only if net revenues from the \nproject (including capitalized interest, but not including reasonably required financing re-serves) are insufficient to pay the costs specified in subsection (a)(2). \n‘‘(4) I\nNTEREST RATE .—Except as provided in \nsubparagraphs (B) and (C) of section 603(b)(4), the interest rate on a direct loan resulting from a draw on the line of credit shall be not less than the yield on 30-year United States Treas-ury securities, as of the date of execution of the line of credit agreement. \n‘‘(5) S\nECURITY .—A line of credit issued under \nthis section— \n‘‘(A) shall— ‘‘(i) be payable, in whole or in part, from— ‘‘(I) tolls; ‘‘(II) user fees; ‘‘(III) payments owing to the obligor under a \npublic-private partnership; or \n‘‘(IV) other dedicated revenue sources that \nalso secure the senior project obligations; and \n‘‘(ii) include a rate covenant, coverage re-\nquirement, or similar security feature supporting the project obligations; and \n‘‘(B) may have a lien on revenues described in \nsubparagraph (A), subject to any lien securing project obligations. \n‘‘(6) P\nERIOD OF AVAILABILITY .—The full \namount of a line of credit under this section, to the extent not drawn upon, shall be available during the 10-year period beginning on the date of substantial completion of the project. \n‘‘(7) R\nIGHTS OF THIRD -PARTY CREDITORS .— \n‘‘(A) A GAINST FEDERAL GOVERNMENT .—A \nthird-party creditor of the obligor shall not have any right against the Federal Government with respect to any draw on a line of credit under this section. \n‘‘(B) A\nSSIGNMENT .—An obligor may assign a \nline of credit under this section to— \n‘‘(i) 1 or more lenders; or ‘‘(ii) a trustee on the behalf of such a lender. ‘‘(8) N\nONSUBORDINATION .— \n‘‘(A) I N GENERAL .—Except as provided in sub-\nparagraph (B), a direct loan under this section shall not be subordinated to the claims of any holder of project obligations in the event of bankruptcy, insolvency, or liquidation of the ob-ligor. \n‘‘(B) P\nRE-EXISTING INDENTURE .— \n‘‘(i) I N GENERAL .—The Secretary shall waive \nthe requirement of subparagraph (A) for a pub-lic agency borrower that is financing ongoing capital programs and has outstanding senior bonds under a preexisting indenture, if— \n‘‘(I) the line of credit is rated in the A cat-\negory or higher; \n‘‘(II) the TIFIA program loan resulting from a \ndraw on the line of credit is payable from pledged revenues not affected by project per-formance, such as a tax-backed revenue pledge or a system-backed pledge of project revenues; and \n‘‘(III) the TIFIA program share of eligible \nproject costs is 33 percent or less. \n‘‘(ii) L\nIMITATION .—If the Secretary waives the \nnonsubordination requirement under this sub-paragraph— ‘‘(I) the maximum credit subsidy to be paid by \nthe Federal Government shall be not more than 10 percent of the principal amount of the se-cured loan; and \n‘‘(II) the obligor shall be responsible for pay-\ning the remainder of the subsidy cost. \n‘‘(9) F\nEES.—The Secretary may establish fees \nat a level sufficient to cover all or a portion of the costs to the Federal Government of pro-viding a line of credit under this section. \n‘‘(10) R\nELATIONSHIP TO OTHER CREDIT INSTRU -\nMENTS .—A project that receives a line of credit \nunder this section also shall not receive a se-cured loan or loan guarantee under section 603 in an amount that, combined with the amount of the line of credit, exceeds 49 percent of eligi-ble project costs. \n‘‘(c) R\nEPAYMENT .— \n‘‘(1) T ERMS AND CONDITIONS .—The Secretary \nshall establish repayment terms and conditions for each direct loan under this section based on— \n‘‘(A) the projected cash flow from project reve-\nnues and other repayment sources; and \n‘‘(B) the useful life of the asset being fi-\nnanced. \n‘‘(2) T\nIMING .—All repayments of principal or \ninterest on a direct loan under this section shall be scheduled— \n‘‘(A) to commence not later than 5 years after \nthe end of the period of availability specified in subsection (b)(6); and \n‘‘(B) to conclude, with full repayment of prin-\ncipal and interest, by the date that is 25 years after the end of the period of availability speci-fied in subsection (b)(6). \n‘‘§ 605. Program administration \n‘‘(a) R\nEQUIREMENT .—The Secretary shall es-\ntablish a uniform system to service the Federal credit instruments made available under this chapter. \n‘‘(b) F\nEES.—The Secretary may collect and \nspend fees, contingent on authority being pro-vided in appropriations Acts, at a level that is sufficient to cover— \n‘‘(1) the costs of services of expert firms re-\ntained pursuant to subsection (d); and \n‘‘(2) all or a portion of the costs to the Federal \nGovernment of servicing the Federal credit in-struments. \n‘‘(c) S\nERVICER .— \n‘‘(1) I N GENERAL .—The Secretary may appoint \na financial entity to assist the Secretary in serv-icing the Federal credit instruments. \n‘‘(2) D\nUTIES .—A servicer appointed under \nparagraph (1) shall act as the agent for the Sec-retary. \n‘‘(3) F\nEE.—A servicer appointed under para-\ngraph (1) shall receive a servicing fee, subject to approval by the Secretary. \n‘‘(d) A\nSSISTANCE FROM EXPERT FIRMS.—The \nSecretary may retain the services of expert firms, including counsel, in the field of munic-ipal and project finance to assist in the under-writing and servicing of Federal credit instru-ments. \n‘‘(e) E\nXPEDITED PROCESSING .—The Secretary \nshall implement procedures and measures to economize the time and cost involved in obtain-ing approval and the issuance of credit assist-ance under this chapter. \n‘‘§ 606. State and local permits \n‘‘The provision of credit assistance under this \nchapter with respect to a project shall not— \n‘‘(1) relieve any recipient of the assistance of \nany obligation to obtain any required State or local permit or approval with respect to the project; \n‘‘(2) limit the right of any unit of State or \nlocal government to approve or regulate any rate of return on private equity invested in the project; or \n‘‘(3) otherwise supersede any State or local \nlaw (including any regulation) applicable to the construction or operation of the project. \n‘‘§ 607. Regulations \n‘‘The Secretary may promulgate such regula-\ntions as the Secretary determines to be appro-priate to carry out this chapter. ‘‘§ 608. Funding \n‘‘(a) F\nUNDING .— \n‘‘(1) S PENDING AND BORROWING AUTHORITY .— \nSpending and borrowing authority for a fiscal year to enter into Federal credit instruments shall be promptly apportioned to the Secretary on a fiscal-year basis. \n‘‘(2) R\nEESTIMATES .—If the subsidy cost of a \nFederal credit instrument is reestimated, the cost increase or decrease of the reestimate shall be borne by, or benefit, the general fund of the Treasury, consistent with section 504(f) the Con-gressional Budget Act of 1974 (2 U.S.C. 661c(f)). \n‘‘(3) R\nURAL SET -ASIDE .— \n‘‘(A) I N GENERAL .—Of the total amount of \nfunds made available to carry out this chapter for each fiscal year, not more than 10 percent shall be set aside for rural infrastructure projects. \n‘‘(B) R\nEOBLIGATION .—Any amounts set aside \nunder subparagraph (A) that remain unobli-gated by June 1 of the fiscal year for which the amounts were set aside shall be available for ob-ligation by the Secretary on projects other than rural infrastructure projects. \n‘‘(4) R\nEDISTRIBUTION OF AUTHORIZED FUND -\nING.— \n‘‘(A) I N GENERAL .—Beginning in fiscal year \n2014, on April 1 of each fiscal year, if the cumu-lative unobligated and uncommitted balance of funding available exceeds 75 percent of the amount made available to carry out this chapter for that fiscal year, the Secretary shall dis-tribute to the States the amount of funds and associated obligation authority in excess of that amount. \n‘‘(B) D\nISTRIBUTION .—The amounts and obliga-\ntion authority distributed under this paragraph shall be distributed, in the same manner as obli-gation authority is distributed to the States for the fiscal year, based on the proportion that— \n‘‘(i) the relative share of each State of obliga-\ntion authority for the fiscal year; bears to \n‘‘(ii) the total amount of obligation authority \ndistributed to all States for the fiscal year. \n‘‘(C) P\nURPOSE .—Funds distributed under sub-\nparagraph (B) shall be available for any pur-pose described in section 133(b). \n‘‘(5) A\nVAILABILITY .—Amounts made available \nto carry out this chapter shall remain available until expended. \n‘‘(6) A\nDMINISTRATIVE COSTS .—Of the amounts \nmade available to carry out this chapter, the Secretary may use not more than 0.50 percent for each fiscal year for the administration of this chapter. \n‘‘(b) C\nONTRACT AUTHORITY .— \n‘‘(1) I N GENERAL .—Notwithstanding any other \nprovision of law, execution of a term sheet by the Secretary of a Federal credit instrument that uses amounts made available under this chapter shall impose on the United States a con-tractual obligation to fund the Federal credit in-vestment. \n‘‘(2) A\nVAILABILITY .—Amounts made available \nto carry out this chapter for a fiscal year shall be available for obligation on October 1 of the fiscal year. \n‘‘§ 609. Reports to Congress \n‘‘(a) I\nNGENERAL .—On June 1, 2012, and every \n2 years thereafter, the Secretary shall submit to Congress a report summarizing the financial performance of the projects that are receiving, or have received, assistance under this chapter (other than section 610), including a rec-ommendation as to whether the objectives of this chapter (other than section 610) are best served by— \n‘‘(1) continuing the program under the au-\nthority of the Secretary; \n‘‘(2) establishing a Federal corporation or fed-\nerally sponsored enterprise to administer the program; or \n‘‘(3) phasing out the program and relying on \nthe capital markets to fund the types of infra-structure investments assisted by this chapter (other than section 610) without Federal partici-pation. \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00329 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4488 June 28, 2012 \n‘‘(b) A PPLICATION PROCESS REPORT .— \n‘‘(1) I N GENERAL .—Not later than December 1, \n2012, and annually thereafter, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representa-tives and the Committee on Environment and Public Works of the Senate a report that in-cludes a list of all of the letters of interest and applications received from project sponsors for assistance under this chapter (other than sec-tion 610) during the preceding fiscal year. \n‘‘(2) I\nNCLUSIONS .— \n‘‘(A) I N GENERAL .—Each report under para-\ngraph (1) shall include, at a minimum, a de-scription of, with respect to each letter of inter-est and application included in the report— \n‘‘(i) the date on which the letter of interest or \napplication was received; \n‘‘(ii) the date on which a notification was pro-\nvided to the project sponsor regarding whether the application was complete or incomplete; \n‘‘(iii) the date on which a revised and com-\npleted application was submitted (if applicable); \n‘‘(iv) the date on which a notification was \nprovided to the project sponsor regarding whether the project was approved or dis-approved; and \n‘‘(v) if the project was not approved, the rea-\nson for the disapproval. \n‘‘(B) C\nORRESPONDENCE .—Each report under \nparagraph (1) shall include copies of any cor-respondence provided to the project sponsor in accordance with section 602(d).’’. \nDIVISION B—PUBLIC TRANSPORTATION \nSEC. 20001. SHORT TITLE. \nThis division may be cited as the ‘‘Federal \nPublic Transportation Act of 2012’’. \nSEC. 20002. REPEALS. \n(a) C HAPTER 53.—Chapter 53 of title 49, United \nStates Code, is amended by striking sections 5308, 5316, 5317, 5320, and 5328. \n(b) T\nRANSPORTATION EQUITY ACT FOR THE \n21STCENTURY .—Section 3038 of the Transpor-\ntation Equity Act for the 21st Century (49 U.S.C. 5310 note) is repealed. \n(c) SAFETEA–LU.—The following provisions \nare repealed: \n(1) Section 3009(i) of SAFETEA–LU (Public \nLaw 109–59; 119 Stat. 1572). \n(2) Section 3011(c) of SAFETEA–LU (49 U.S.C. \n5309 note). \n(3) Section 3012(b) of SAFETEA–LU (49 U.S.C. \n5310 note). \n(4) Section 3045 of SAFETEA–LU (49 U.S.C. \n5308 note). \n(5) Section 3046 of SAFETEA–LU (49 U.S.C. \n5338 note). \nSEC. 20003. POLICIES AND PURPOSES. \nSection 5301 of title 49, United States Code, is \namended to read as follows: \n‘‘§ 5301. Policies and purposes \n‘‘(a) D ECLARATION OF POLICY .—It is in the in-\nterest of the United States, including the eco-nomic interest of the United States, to foster the development and revitalization of public trans-portation systems with the cooperation of both public transportation companies and private companies engaged in public transportation. \n‘‘(b) G\nENERAL PURPOSES .—The purposes of \nthis chapter are to— \n‘‘(1) provide funding to support public trans-\nportation; \n‘‘(2) improve the development and delivery of \ncapital projects; \n‘‘(3) establish standards for the state of good \nrepair of public transportation infrastructure and vehicles; \n‘‘(4) promote continuing, cooperative, and \ncomprehensive planning that improves the per-formance of the transportation network; \n‘‘(5) establish a technical assistance program \nto assist recipients under this chapter to more effectively and efficiently provide public trans-portation service; \n‘‘(6) continue Federal support for public \ntransportation providers to deliver high quality service to all users, including individuals with \ndisabilities, seniors, and individuals who depend on public transportation; \n‘‘(7) support research, development, dem-\nonstration, and deployment projects dedicated to assisting in the delivery of efficient and effec-tive public transportation service; and \n‘‘(8) promote the development of the public \ntransportation workforce.’’. \nSEC. 20004. DEFINITIONS. \nSection 5302 of title 49, United States Code, is \namended to read as follows: \n‘‘§ 5302. Definitions \n‘‘Except as otherwise specifically provided, in \nthis chapter the following definitions apply: \n‘‘(1) A SSOCIATED TRANSIT IMPROVEMENT .—The \nterm ‘associated transit improvement’ means, with respect to any project or an area to be served by a project, projects that are designed to enhance public transportation service or use and that are physically or functionally related to transit facilities. Eligible projects are— \n‘‘(A) historic preservation, rehabilitation, and \noperation of historic public transportation buildings, structures, and facilities (including historic bus and railroad facilities) intended for use in public transportation service; \n‘‘(B) bus shelters; ‘‘(C) landscaping and streetscaping, including \nbenches, trash receptacles, and street lights; \n‘‘(D) pedestrian access and walkways; ‘‘(E) bicycle access, including bicycle storage \nfacilities and installing equipment for trans-porting bicycles on public transportation vehi-cles; \n‘‘(F) signage; or ‘‘(G) enhanced access for persons with disabil-\nities to public transportation. \n‘‘(2) B\nUS RAPID TRANSIT SYSTEM .—The term \n‘bus rapid transit system’ means a bus transit system— \n‘‘(A) in which the majority of each line oper-\nates in a separated right-of-way dedicated for public transportation use during peak periods; and \n‘‘(B) that includes features that emulate the \nservices provided by rail fixed guideway public transportation systems, including— \n‘‘(i) defined stations; ‘‘(ii) traffic signal priority for public transpor-\ntation vehicles; \n‘‘(iii) short headway bidirectional services for \na substantial part of weekdays and weekend days; and \n‘‘(iv) any other features the Secretary may de-\ntermine are necessary to produce high-quality public transportation services that emulate the services provided by rail fixed guideway public transportation systems. \n‘‘(3) C\nAPITAL PROJECT .—The term ‘capital \nproject’ means a project for— \n‘‘(A) acquiring, constructing, supervising, or \ninspecting equipment or a facility for use in public transportation, expenses incidental to the acquisition or construction (including designing, engineering, location surveying, mapping, and acquiring rights-of-way), payments for the cap-ital portions of rail trackage rights agreements, transit-related intelligent transportation sys-tems, relocation assistance, acquiring replace-ment housing sites, and acquiring, constructing, relocating, and rehabilitating replacement hous-ing; \n‘‘(B) rehabilitating a bus; ‘‘(C) remanufacturing a bus; ‘‘(D) overhauling rail rolling stock; ‘‘(E) preventive maintenance; ‘‘(F) leasing equipment or a facility for use in \npublic transportation, subject to regulations that the Secretary prescribes limiting the leasing arrangements to those that are more cost-effec-tive than purchase or construction; \n‘‘(G) a joint development improvement that— ‘‘(i) enhances economic development or incor-\nporates private investment, such as commercial and residential development; \n‘‘(ii)(I) enhances the effectiveness of public \ntransportation and is related physically or func-tionally to public transportation; or ‘‘(II) establishes new or enhanced coordina-\ntion between public transportation and other transportation; \n‘‘(iii) provides a fair share of revenue that will \nbe used for public transportation; \n‘‘(iv) provides that a person making an agree-\nment to occupy space in a facility constructed under this paragraph shall pay a fair share of the costs of the facility through rental payments and other means; \n‘‘(v) may include— ‘‘(I) property acquisition; ‘‘(II) demolition of existing structures; ‘‘(III) site preparation; ‘‘(IV) utilities; ‘‘(V) building foundations; ‘‘(VI) walkways; ‘‘(VII) pedestrian and bicycle access to a pub-\nlic transportation facility; \n‘‘(VIII) construction, renovation, and im-\nprovement of intercity bus and intercity rail sta-tions and terminals; \n‘‘(IX) renovation and improvement of historic \ntransportation facilities; \n‘‘(X) open space; ‘‘(XI) safety and security equipment and fa-\ncilities (including lighting, surveillance, and re-lated intelligent transportation system applica-tions); \n‘‘(XII) facilities that incorporate community \nservices such as daycare or health care; \n‘‘(XIII) a capital project for, and improving, \nequipment or a facility for an intermodal trans-fer facility or transportation mall; and \n‘‘(XIV) construction of space for commercial \nuses; and \n‘‘(vi) does not include outfitting of commercial \nspace (other than an intercity bus or rail station or terminal) or a part of a public facility not re-lated to public transportation; \n‘‘(H) the introduction of new technology, \nthrough innovative and improved products, into public transportation; \n‘‘(I) the provision of nonfixed route para-\ntransit transportation services in accordance with section 223 of the Americans with Disabil-ities Act of 1990 (42 U.S.C. 12143), but only for grant recipients that are in compliance with ap-plicable requirements of that Act, including both fixed route and demand responsive service, and only for amounts not to exceed 10 percent of such recipient’s annual formula apportionment under sections 5307 and 5311; \n‘‘(J) establishing a debt service reserve, made \nup of deposits with a bondholder’s trustee, to ensure the timely payment of principal and in-terest on bonds issued by a grant recipient to fi-nance an eligible project under this chapter; \n‘‘(K) mobility management— ‘‘(i) consisting of short-range planning and \nmanagement activities and projects for improv-ing coordination among public transportation and other transportation service providers car-ried out by a recipient or subrecipient through an agreement entered into with a person, in-cluding a governmental entity, under this chap-ter (other than section 5309); but \n‘‘(ii) excluding operating public transpor-\ntation services; or \n‘‘(L) associated capital maintenance, includ-\ning— \n‘‘(i) equipment, tires, tubes, and material, \neach costing at least .5 percent of the current fair market value of rolling stock comparable to the rolling stock for which the equipment, tires, tubes, and material are to be used; and \n‘‘(ii) reconstruction of equipment and mate-\nrial, each of which after reconstruction will have a fair market value of at least .5 percent of the current fair market value of rolling stock comparable to the rolling stock for which the equipment and material will be used. \n‘‘(4) D\nESIGNATED RECIPIENT .—The term ‘des-\nignated recipient’ means— \n‘‘(A) an entity designated, in accordance with \nthe planning process under sections 5303 and 5304, by the Governor of a State, responsible local officials, and publicly owned operators of \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00330 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4489 June 28, 2012 \npublic transportation, to receive and apportion \namounts under section 5336 to urbanized areas of 200,000 or more in population; or \n‘‘(B) a State or regional authority, if the au-\nthority is responsible under the laws of a State for a capital project and for financing and di-rectly providing public transportation. \n‘‘(5) D\nISABILITY .—The term ‘disability’ has the \nsame meaning as in section 3(1) of the Ameri-cans with Disabilities Act of 1990 (42 U.S.C. 12102). \n‘‘(6) E\nMERGENCY REGULATION .—The term \n‘emergency regulation’ means a regulation— \n‘‘(A) that is effective temporarily before the \nexpiration of the otherwise specified periods of time for public notice and comment under sec-tion 5334(c); and \n‘‘(B) prescribed by the Secretary as the result \nof a finding that a delay in the effective date of the regulation— \n‘‘(i) would injure seriously an important pub-\nlic interest; \n‘‘(ii) would frustrate substantially legislative \npolicy and intent; or \n‘‘(iii) would damage seriously a person or \nclass without serving an important public inter-est. \n‘‘(7) F\nIXED GUIDEWAY .—The term ‘fixed guide-\nway’ means a public transportation facility— \n‘‘(A) using and occupying a separate right-of- \nway for the exclusive use of public transpor-tation; \n‘‘(B) using rail; ‘‘(C) using a fixed catenary system; ‘‘(D) for a passenger ferry system; or ‘‘(E) for a bus rapid transit system. ‘‘(8) G\nOVERNOR .—The term ‘Governor’— \n‘‘(A) means the Governor of a State, the \nmayor of the District of Columbia, and the chief executive officer of a territory of the United States; and \n‘‘(B) includes the designee of the Governor. ‘‘(9) J\nOB ACCESS AND REVERSE COMMUTE \nPROJECT .— \n‘‘(A) I N GENERAL .—The term ‘job access and \nreverse commute project’ means a transportation project to finance planning, capital, and oper-ating costs that support the development and maintenance of transportation services designed to transport welfare recipients and eligible low- income individuals to and from jobs and activi-ties related to their employment, including transportation projects that facilitate the provi-sion of public transportation services from ur-banized areas and rural areas to suburban em-ployment locations. \n‘‘(B) D\nEFINITIONS .—In this paragraph: \n‘‘(i) E LIGIBLE LOW -INCOME INDIVIDUAL .—The \nterm ‘eligible low-income individual’ means an individual whose family income is at or below 150 percent of the poverty line (as that term is defined in section 673(2) of the Community Serv-ice Block Grant Act (42 U.S.C. 9902(2)), includ-ing any revision required by that section) for a family of the size involved. \n‘‘(ii) W\nELFARE RECIPIENT .—The term ‘welfare \nrecipient’ means an individual who has received assistance under a State or tribal program fund-ed under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) at any time during the 3-year period before the date on which the ap-plicant applies for a grant under section 5307 or 5311. \n‘‘(10) L\nOCAL GOVERNMENTAL AUTHORITY .—The \nterm ‘local governmental authority’ includes— \n‘‘(A) a political subdivision of a State; ‘‘(B) an authority of at least 1 State or polit-\nical subdivision of a State; \n‘‘(C) an Indian tribe; and ‘‘(D) a public corporation, board, or commis-\nsion established under the laws of a State. \n‘‘(11) L\nOW-INCOME INDIVIDUAL .—The term \n‘low-income individual’ means an individual whose family income is at or below 150 percent of the poverty line, as that term is defined in section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)), including any re-vision required by that section, for a family of the size involved. ‘‘(12) N\nET PROJECT COST .—The term ‘net \nproject cost’ means the part of a project that reasonably cannot be financed from revenues. \n‘‘(13) N\nEW BUS MODEL .—The term ‘new bus \nmodel’ means a bus model (including a model using alternative fuel)— \n‘‘(A) that has not been used in public trans-\nportation in the United States before the date of production of the model; or \n‘‘(B) used in public transportation in the \nUnited States, but being produced with a major change in configuration or components. \n‘‘(14) P\nUBLIC TRANSPORTATION .—The term \n‘public transportation’— \n‘‘(A) means regular, continuing shared-ride \nsurface transportation services that are open to the general public or open to a segment of the general public defined by age, disability, or low income; and \n‘‘(B) does not include— ‘‘(i) intercity passenger rail transportation \nprovided by the entity described in chapter 243 (or a successor to such entity); \n‘‘(ii) intercity bus service; ‘‘(iii) charter bus service; ‘‘(iv) school bus service; ‘‘(v) sightseeing service; ‘‘(vi) courtesy shuttle service for patrons of \none or more specific establishments; or \n‘‘(vii) intra-terminal or intra-facility shuttle \nservices. \n‘‘(15) R\nEGULATION .—The term ‘regulation’ \nmeans any part of a statement of general or par-ticular applicability of the Secretary designed to carry out, interpret, or prescribe law or policy in carrying out this chapter. \n‘‘(16) R\nURAL AREA .—The term ‘rural area’ \nmeans an area encompassing a population of less than 50,000 people that has not been des-ignated in the most recent decennial census as an ‘urbanized area’ by the Secretary of Com-merce. \n‘‘(17) S\nECRETARY .—The term ‘Secretary’ means \nthe Secretary of Transportation. \n‘‘(18) S ENIOR .—The term ‘senior’ means an in-\ndividual who is 65 years of age or older. \n‘‘(19) S TATE.—The term ‘State’ means a State \nof the United States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, and the Virgin Islands. \n‘‘(20) S\nTATE OF GOOD REPAIR .—The term ‘state \nof good repair’ has the meaning given that term by the Secretary, by rule, under section 5326(b). \n‘‘(21) T\nRANSIT .—The term ‘transit’ means pub-\nlic transportation. \n‘‘(22) U RBAN AREA .—The term ‘urban area’ \nmeans an area that includes a municipality or other built-up place that the Secretary, after considering local patterns and trends of urban growth, decides is appropriate for a local public transportation system to serve individuals in the locality. \n‘‘(23) U\nRBANIZED AREA .—The term ‘urbanized \narea’ means an area encompassing a population of not less than 50,000 people that has been de-fined and designated in the most recent decen-nial census as an ‘urbanized area’ by the Sec-retary of Commerce.’’. \nSEC. 20005. METROPOLITAN TRANSPORTATION \nPLANNING. \n(a) A MENDMENT .—Section 5303 of title 49, \nUnited States Code, is amended to read as fol-lows: \n‘‘§ 5303. Metropolitan transportation planning \n‘‘(a) P\nOLICY .—It is in the national interest— \n‘‘(1) to encourage and promote the safe and \nefficient management, operation, and develop-ment of surface transportation systems that will serve the mobility needs of people and freight and foster economic growth and development within and between States and urbanized areas, while minimizing transportation-related fuel consumption and air pollution through metro-politan and statewide transportation planning processes identified in this chapter; and \n‘‘(2) to encourage the continued improvement \nand evolution of the metropolitan and statewide transportation planning processes by metropoli-\ntan planning organizations, State departments of transportation, and public transit operators as guided by the planning factors identified in subsection (h) and section 5304(d). \n‘‘(b) D\nEFINITIONS .—In this section and section \n5304, the following definitions apply: \n‘‘(1) M ETROPOLITAN PLANNING AREA .—The \nterm ‘metropolitan planning area’ means the ge-ographic area determined by agreement between the metropolitan planning organization for the area and the Governor under subsection (e). \n‘‘(2) M\nETROPOLITAN PLANNING ORGANIZA -\nTION.—The term ‘metropolitan planning organi-\nzation’ means the policy board of an organiza-tion established as a result of the designation process under subsection (d). \n‘‘(3) N\nONMETROPOLITAN AREA .—The term \n‘nonmetropolitan area’ means a geographic area outside designated metropolitan planning areas. \n‘‘(4) N\nONMETROPOLITAN LOCAL OFFICIAL .—The \nterm ‘nonmetropolitan local official’ means elected and appointed officials of general pur-pose local government in a nonmetropolitan area with responsibility for transportation. \n‘‘(5) R\nEGIONAL TRANSPORTATION PLANNING OR -\nGANIZATION .—The term ‘regional transportation \nplanning organization’ means a policy board of an organization established as the result of a designation under section 5304(l). \n‘‘(6) TIP.—The term ‘TIP’ means a transpor-\ntation improvement program developed by a met-ropolitan planning organization under sub-section (j). \n‘‘(7) U\nRBANIZED AREA .—The term ‘urbanized \narea’ means a geographic area with a popu-lation of 50,000 or more, as determined by the Bureau of the Census. \n‘‘(c) G\nENERAL REQUIREMENTS .— \n‘‘(1) D EVELOPMENT OF LONG -RANGE PLANS AND \nTIPS.—To accomplish the objectives in sub-\nsection (a), metropolitan planning organizations designated under subsection (d), in cooperation with the State and public transportation opera-tors, shall develop long-range transportation plans and transportation improvement programs through a performance-driven, outcome-based approach to planning for metropolitan areas of the State. \n‘‘(2) C\nONTENTS .—The plans and TIPs for each \nmetropolitan area shall provide for the develop-ment and integrated management and operation of transportation systems and facilities (includ-ing accessible pedestrian walkways and bicycle transportation facilities) that will function as an intermodal transportation system for the metropolitan planning area and as an integral part of an intermodal transportation system for the State and the United States. \n‘‘(3) P\nROCESS OF DEVELOPMENT .—The process \nfor developing the plans and TIPs shall provide for consideration of all modes of transportation and shall be continuing, cooperative, and com-prehensive to the degree appropriate, based on the complexity of the transportation problems to be addressed. \n‘‘(d) D\nESIGNATION OF METROPOLITAN PLAN-\nNING ORGANIZATIONS .— \n‘‘(1) I N GENERAL .—To carry out the transpor-\ntation planning process required by this section, a metropolitan planning organization shall be designated for each urbanized area with a pop-ulation of more than 50,000 individuals— \n‘‘(A) by agreement between the Governor and \nunits of general purpose local government that together represent at least 75 percent of the af-fected population (including the largest incor-porated city (based on population) as deter-mined by the Bureau of the Census); or \n‘‘(B) in accordance with procedures estab-\nlished by applicable State or local law. \n‘‘(2) S\nTRUCTURE .—Not later than 2 years after \nthe date of enactment of the Federal Public Transportation Act of 2012, each metropolitan planning organization that serves an area des-ignated as a transportation management area shall consist of— \n‘‘(A) local elected officials; \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00331 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4490 June 28, 2012 \n‘‘(B) officials of public agencies that admin-\nister or operate major modes of transportation in the metropolitan area, including representation by providers of public transportation; and \n‘‘(C) appropriate State officials. ‘‘(3) L\nIMITATION ON STATUTORY CONSTRUC -\nTION.—Nothing in this subsection shall be con-\nstrued to interfere with the authority, under any State law in effect on December 18, 1991, of a public agency with multimodal transportation responsibilities— \n‘‘(A) to develop the plans and TIPs for adop-\ntion by a metropolitan planning organization; and \n‘‘(B) to develop long-range capital plans, co-\nordinate transit services and projects, and carry out other activities pursuant to State law. \n‘‘(4) C\nONTINUING DESIGNATION .—A designation \nof a metropolitan planning organization under this subsection or any other provision of law shall remain in effect until the metropolitan planning organization is redesignated under paragraph (5). \n‘‘(5) R\nEDESIGNATION PROCEDURES .— \n‘‘(A) I N GENERAL .—A metropolitan planning \norganization may be redesignated by agreement between the Governor and units of general pur-pose local government that together represent at least 75 percent of the existing planning area population (including the largest incorporated city (based on population) as determined by the Bureau of the Census) as appropriate to carry out this section. \n‘‘(B) R\nESTRUCTURING .—A metropolitan plan-\nning organization may be restructured to meet the requirements of paragraph (2) without un-dertaking a redesignation. \n‘‘(6) D\nESIGNATION OF MORE THAN 1 METROPOLI -\nTAN PLANNING ORGANIZATION .—More than 1 met-\nropolitan planning organization may be des-ignated within an existing metropolitan plan-ning area only if the Governor and the existing metropolitan planning organization determine that the size and complexity of the existing met-ropolitan planning area make designation of more than 1 metropolitan planning organization for the area appropriate. \n‘‘(e) M\nETROPOLITAN PLANNING AREABOUND -\nARIES .— \n‘‘(1) I N GENERAL .—For the purposes of this \nsection, the boundaries of a metropolitan plan-ning area shall be determined by agreement be-tween the metropolitan planning organization and the Governor. \n‘‘(2) I\nNCLUDED AREA .—Each metropolitan \nplanning area— \n‘‘(A) shall encompass at least the existing ur-\nbanized area and the contiguous area expected to become urbanized within a 20-year forecast period for the transportation plan; and \n‘‘(B) may encompass the entire metropolitan \nstatistical area or consolidated metropolitan sta-tistical area, as defined by the Bureau of the Census. \n‘‘(3) I\nDENTIFICATION OF NEW URBANIZED AREAS \nWITHIN EXISTING PLANNING AREA BOUNDARIES .— \nThe designation by the Bureau of the Census of new urbanized areas within an existing metro-politan planning area shall not require the re-designation of the existing metropolitan plan-ning organization. \n‘‘(4) E\nXISTING METROPOLITAN PLANNING AREAS \nIN NONATTAINMENT .— \n‘‘(A) I N GENERAL .—Notwithstanding para-\ngraph (2), except as provided in subparagraph (B), in the case of an urbanized area designated as a nonattainment area for ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.) as of the date of enactment of the SAFETEA-LU, the boundaries of the metropoli-tan planning area in existence as of such date of enactment shall be retained. \n‘‘(B) E\nXCEPTION .—The boundaries described \nin subparagraph (A) may be adjusted by agree-ment of the Governor and affected metropolitan planning organizations in the manner described in subsection (d)(5). \n‘‘(5) N\nEW METROPOLITAN PLANNING AREAS IN \nNONATTAINMENT .—In the case of an urbanized area designated after the date of enactment of \nthe SAFETEA-LU, as a nonattainment area for ozone or carbon monoxide, the boundaries of the metropolitan planning area— \n‘‘(A) shall be established in the manner de-\nscribed in subsection (d)(1); \n‘‘(B) shall encompass the areas described in \nparagraph (2)(A); \n‘‘(C) may encompass the areas described in \nparagraph (2)(B); and \n‘‘(D) may address any nonattainment area \nidentified under the Clean Air Act (42 U.S.C. 7401 et seq.) for ozone or carbon monoxide. \n‘‘(f) C\nOORDINATION IN MULTISTATE AREAS.— \n‘‘(1) I N GENERAL .—The Secretary shall encour-\nage each Governor with responsibility for a por-tion of a multistate metropolitan area and the appropriate metropolitan planning organiza-tions to provide coordinated transportation planning for the entire metropolitan area. \n‘‘(2) I\nNTERSTATE COMPACTS .—The consent of \nCongress is granted to any 2 or more States— \n‘‘(A) to enter into agreements or compacts, not \nin conflict with any law of the United States, for cooperative efforts and mutual assistance in support of activities authorized under this sec-tion as the activities pertain to interstate areas and localities within the States; and \n‘‘(B) to establish such agencies, joint or other-\nwise, as the States may determine desirable for making the agreements and compacts effective. \n‘‘(3) R\nESERVATION OF RIGHTS .—The right to \nalter, amend, or repeal interstate compacts en-tered into under this subsection is expressly re-served. \n‘‘(g) MPO C\nONSULTATION IN PLAN AND TIP \nCOORDINATION .— \n‘‘(1) N ONATTAINMENT AREAS .—If more than 1 \nmetropolitan planning organization has author-ity within a metropolitan area or an area which is designated as a nonattainment area for ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.), each metropolitan planning organization shall consult with the other metro-politan planning organizations designated for such area and the State in the coordination of plans and TIPs required by this section. \n‘‘(2) T\nRANSPORTATION IMPROVEMENTS LOCATED \nIN MULTIPLE MPOS .—If a transportation im-\nprovement, funded under this chapter or title 23, is located within the boundaries of more than 1 metropolitan planning area, the metropolitan planning organizations shall coordinate plans and TIPs regarding the transportation improve-ment. \n‘‘(3) R\nELATIONSHIP WITH OTHER PLANNING OF -\nFICIALS .— \n‘‘(A) I N GENERAL .—The Secretary shall en-\ncourage each metropolitan planning organiza-tion to consult with officials responsible for other types of planning activities that are af-fected by transportation in the area (including State and local planned growth, economic devel-opment, environmental protection, airport oper-ations, and freight movements) or to coordinate its planning process, to the maximum extent practicable, with such planning activities. \n‘‘(B) R\nEQUIREMENTS .—Under the metropolitan \nplanning process, transportation plans and TIPs shall be developed with due consideration of other related planning activities within the metropolitan area, and the process shall provide for the design and delivery of transportation services within the metropolitan area that are provided by— \n‘‘(i) recipients of assistance under this chap-\nter; \n‘‘(ii) governmental agencies and nonprofit or-\nganizations (including representatives of the agencies and organizations) that receive Federal assistance from a source other than the Depart-ment of Transportation to provide non-emergency transportation services; and \n‘‘(iii) recipients of assistance under section 204 \nof title 23. \n‘‘(h) S\nCOPE OF PLANNING PROCESS .— \n‘‘(1) I N GENERAL .—The metropolitan planning \nprocess for a metropolitan planning area under this section shall provide for consideration of \nprojects and strategies that will— \n‘‘(A) support the economic vitality of the met-\nropolitan area, especially by enabling global competitiveness, productivity, and efficiency; \n‘‘(B) increase the safety of the transportation \nsystem for motorized and nonmotorized users; \n‘‘(C) increase the security of the transpor-\ntation system for motorized and nonmotorized users; \n‘‘(D) increase the accessibility and mobility of \npeople and for freight; \n‘‘(E) protect and enhance the environment, \npromote energy conservation, improve the qual-ity of life, and promote consistency between transportation improvements and State and local planned growth and economic development patterns; \n‘‘(F) enhance the integration and connectivity \nof the transportation system, across and be-tween modes, for people and freight; \n‘‘(G) promote efficient system management \nand operation; and \n‘‘(H) emphasize the preservation of the exist-\ning transportation system. \n‘‘(2) P\nERFORMANCE -BASED APPROACH .— \n‘‘(A) I N GENERAL .—The metropolitan transpor-\ntation planning process shall provide for the es-tablishment and use of a performance-based ap-proach to transportation decisionmaking to sup-port the national goals described in section 150(b) of title 23 and the general purposes de-scribed in section 5301. \n‘‘(B) P\nERFORMANCE TARGETS .— \n‘‘(i) S URFACE TRANSPORTATION PERFORMANCE \nTARGETS .— \n‘‘(I) I N GENERAL .—Each metropolitan plan-\nning organization shall establish performance targets that address the performance measures described in section 150(c) of title 23, where ap-plicable, to use in tracking progress towards at-tainment of critical outcomes for the region of the metropolitan planning organization. \n‘‘(II) C\nOORDINATION .—Selection of perform-\nance targets by a metropolitan planning organi-zation shall be coordinated with the relevant State to ensure consistency, to the maximum ex-tent practicable. \n‘‘(ii) P\nUBLIC TRANSPORTATION PERFORMANCE \nTARGETS .—Selection of performance targets by a \nmetropolitan planning organization shall be co-ordinated, to the maximum extent practicable, with providers of public transportation to en-sure consistency with sections 5326(c) and 5329(d). \n‘‘(C) T\nIMING .—Each metropolitan planning or-\nganization shall establish the performance tar-gets under subparagraph (B) not later than 180 days after the date on which the relevant State or provider of public transportation establishes the performance targets. \n‘‘(D) I\nNTEGRATION OF OTHER PERFORMANCE - \nBASED PLANS .—A metropolitan planning organi-\nzation shall integrate in the metropolitan trans-portation planning process, directly or by ref-erence, the goals, objectives, performance meas-ures, and targets described in other State trans-portation plans and transportation processes, as well as any plans developed by recipients of as-sistance under this chapter, required as part of a performance-based program. \n‘‘(3) F\nAILURE TO CONSIDER FACTORS .—The \nfailure to consider any factor specified in para-graphs (1) and (2) shall not be reviewable by any court under this chapter, title 23, sub-chapter II of chapter 5 of title 5, or chapter 7 of title 5 in any matter affecting a transportation plan, a TIP, a project or strategy, or the certifi-cation of a planning process. \n‘‘(i) D\nEVELOPMENT OF TRANSPORTATION \nPLAN.— \n‘‘(1) R EQUIREMENTS .— \n‘‘(A) I N GENERAL .—Each metropolitan plan-\nning organization shall prepare and update a transportation plan for its metropolitan plan-ning area in accordance with the requirements of this subsection. \n‘‘(B) F\nREQUENCY .— \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00332 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4491 June 28, 2012 \n‘‘(i) I N GENERAL .—The metropolitan planning \norganization shall prepare and update such plan every 4 years (or more frequently, if the metropolitan planning organization elects to up-date more frequently) in the case of each of the following: \n‘‘(I) Any area designated as nonattainment, \nas defined in section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)). \n‘‘(II) Any area that was nonattainment and \nsubsequently designated to attainment in ac-cordance with section 107(d)(3) of that Act (42 U.S.C. 7407(d)(3)) and that is subject to a main-tenance plan under section 175A of that Act (42 U.S.C. 7505a). \n‘‘(ii) O\nTHER AREAS .—In the case of any other \narea required to have a transportation plan in accordance with the requirements of this sub-section, the metropolitan planning organization shall prepare and update such plan every 5 years unless the metropolitan planning organi-zation elects to update more frequently. \n‘‘(2) T\nRANSPORTATION PLAN .—A transpor-\ntation plan under this section shall be in a form that the Secretary determines to be appropriate and shall contain, at a minimum, the following: \n‘‘(A) I\nDENTIFICATION OF TRANSPORTATION FA -\nCILITIES .— \n‘‘(i) I N GENERAL .—An identification of trans-\nportation facilities (including major roadways, transit, multimodal and intermodal facilities, nonmotorized transportation facilities, and intermodal connectors) that should function as an integrated metropolitan transportation sys-tem, giving emphasis to those facilities that serve important national and regional transpor-tation functions. \n‘‘(ii) F\nACTORS .—In formulating the transpor-\ntation plan, the metropolitan planning organi-zation shall consider factors described in sub-section (h) as the factors relate to a 20-year forecast period. \n‘‘(B) P\nERFORMANCE MEASURES AND TARGETS .— \nA description of the performance measures and performance targets used in assessing the per-formance of the transportation system in ac-cordance with subsection (h)(2). \n‘‘(C) S\nYSTEM PERFORMANCE REPORT .—A sys-\ntem performance report and subsequent updates evaluating the condition and performance of the transportation system with respect to the per-formance targets described in subsection (h)(2), including— \n‘‘(i) progress achieved by the metropolitan \nplanning organization in meeting the perform-ance targets in comparison with system perform-ance recorded in previous reports; and \n‘‘(ii) for metropolitan planning organizations \nthat voluntarily elect to develop multiple sce-narios, an analysis of how the preferred sce-nario has improved the conditions and perform-ance of the transportation system and how changes in local policies and investments have impacted the costs necessary to achieve the identified performance targets. \n‘‘(D) M\nITIGATION ACTIVITIES .— \n‘‘(i) I N GENERAL .—A long-range transpor-\ntation plan shall include a discussion of types of potential environmental mitigation activities and potential areas to carry out these activities, including activities that may have the greatest potential to restore and maintain the environ-mental functions affected by the plan. \n‘‘(ii) C\nONSULTATION .—The discussion shall be \ndeveloped in consultation with Federal, State, and tribal wildlife, land management, and regu-latory agencies. \n‘‘(E) F\nINANCIAL PLAN .— \n‘‘(i) I N GENERAL .—A financial plan that— \n‘‘(I) demonstrates how the adopted transpor-\ntation plan can be implemented; \n‘‘(II) indicates resources from public and pri-\nvate sources that are reasonably expected to be made available to carry out the plan; and \n‘‘(III) recommends any additional financing \nstrategies for needed projects and programs. \n‘‘(ii) I\nNCLUSIONS .—The financial plan may in-\nclude, for illustrative purposes, additional projects that would be included in the adopted \ntransportation plan if reasonable additional re-sources beyond those identified in the financial plan were available. \n‘‘(iii) C\nOOPERATIVE DEVELOPMENT .—For the \npurpose of developing the transportation plan, the metropolitan planning organization, transit operator, and State shall cooperatively develop estimates of funds that will be available to sup-port plan implementation. \n‘‘(F) O\nPERATIONAL AND MANAGEMENT STRATE -\nGIES.—Operational and management strategies \nto improve the performance of existing transpor-tation facilities to relieve vehicular congestion and maximize the safety and mobility of people and goods. \n‘‘(G) C\nAPITAL INVESTMENT AND OTHER STRATE -\nGIES.—Capital investment and other strategies \nto preserve the existing and projected future metropolitan transportation infrastructure and provide for multimodal capacity increases based on regional priorities and needs. \n‘‘(H) T\nRANSPORTATION AND TRANSIT ENHANCE -\nMENT ACTIVITIES .—Proposed transportation and \ntransit enhancement activities. \n‘‘(3) C OORDINATION WITH CLEAN AIR ACT AGEN -\nCIES.—In metropolitan areas that are in non-\nattainment for ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.), the metropolitan planning organization shall co-ordinate the development of a transportation plan with the process for development of the transportation control measures of the State im-plementation plan required by that Act. \n‘‘(4) O\nPTIONAL SCENARIO DEVELOPMENT .— \n‘‘(A) I N GENERAL .—A metropolitan planning \norganization may, while fitting the needs and complexity of its community, voluntarily elect to develop multiple scenarios for consideration as part of the development of the metropolitan transportation plan, in accordance with sub-paragraph (B). \n‘‘(B) R\nECOMMENDED COMPONENTS .—A metro-\npolitan planning organization that chooses to develop multiple scenarios under subparagraph (A) shall be encouraged to consider— \n‘‘(i) potential regional investment strategies \nfor the planning horizon; \n‘‘(ii) assumed distribution of population and \nemployment; \n‘‘(iii) a scenario that, to the maximum extent \npracticable, maintains baseline conditions for the performance measures identified in sub-section (h)(2); \n‘‘(iv) a scenario that improves the baseline \nconditions for as many of the performance meas-ures identified in subsection (h)(2) as possible; \n‘‘(v) revenue constrained scenarios based on \nthe total revenues expected to be available over the forecast period of the plan; and \n‘‘(vi) estimated costs and potential revenues \navailable to support each scenario. \n‘‘(C) M\nETRICS .—In addition to the perform-\nance measures identified in section 150(c) of title 23, metropolitan planning organizations may evaluate scenarios developed under this para-graph using locally-developed measures. \n‘‘(5) C\nONSULTATION .— \n‘‘(A) I N GENERAL .—In each metropolitan area, \nthe metropolitan planning organization shall consult, as appropriate, with State and local agencies responsible for land use management, natural resources, environmental protection, conservation, and historic preservation con-cerning the development of a long-range trans-portation plan. \n‘‘(B) I\nSSUES .—The consultation shall involve, \nas appropriate— \n‘‘(i) comparison of transportation plans with \nState conservation plans or maps, if available; or \n‘‘(ii) comparison of transportation plans to in-\nventories of natural or historic resources, if available. \n‘‘(6) P\nARTICIPATION BY INTERESTED PARTIES .— \n‘‘(A) I N GENERAL .—Each metropolitan plan-\nning organization shall provide citizens, af-fected public agencies, representatives of public transportation employees, freight shippers, pro-\nviders of freight transportation services, private providers of transportation, representatives of users of public transportation, representatives of users of pedestrian walkways and bicycle trans-portation facilities, representatives of the dis-abled, and other interested parties with a rea-sonable opportunity to comment on the trans-portation plan. \n‘‘(B) C\nONTENTS OF PARTICIPATION PLAN .—A \nparticipation plan— \n‘‘(i) shall be developed in consultation with \nall interested parties; and \n‘‘(ii) shall provide that all interested parties \nhave reasonable opportunities to comment on the contents of the transportation plan. \n‘‘(C) M\nETHODS .—In carrying out subpara-\ngraph (A), the metropolitan planning organiza-tion shall, to the maximum extent practicable— \n‘‘(i) hold any public meetings at convenient \nand accessible locations and times; \n‘‘(ii) employ visualization techniques to de-\nscribe plans; and \n‘‘(iii) make public information available in \nelectronically accessible format and means, such as the World Wide Web, as appropriate to afford reasonable opportunity for consideration of public information under subparagraph (A). \n‘‘(7) P\nUBLICATION .—A transportation plan in-\nvolving Federal participation shall be published or otherwise made readily available by the met-ropolitan planning organization for public re-view, including (to the maximum extent prac-ticable) in electronically accessible formats and means, such as the World Wide Web, approved by the metropolitan planning organization and submitted for information purposes to the Gov-ernor at such times and in such manner as the Secretary shall establish. \n‘‘(8) S\nELECTION OF PROJECTS FROM ILLUS -\nTRATIVE LIST .—Notwithstanding paragraph \n(2)(C), a State or metropolitan planning organi-zation shall not be required to select any project from the illustrative list of additional projects included in the financial plan under paragraph (2)(C). \n‘‘(j) M\nETROPOLITAN TIP.— \n‘‘(1) D EVELOPMENT .— \n‘‘(A) I N GENERAL .—In cooperation with the \nState and any affected public transportation op-erator, the metropolitan planning organization designated for a metropolitan area shall develop a TIP for the metropolitan planning area that— \n‘‘(i) contains projects consistent with the cur-\nrent metropolitan transportation plan; \n‘‘(ii) reflects the investment priorities estab-\nlished in the current metropolitan transpor-tation plan; and \n‘‘(iii) once implemented, is designed to make \nprogress toward achieving the performance tar-gets established under subsection (h)(2). \n‘‘(B) O\nPPORTUNITY FOR COMMENT .—In devel-\noping the TIP, the metropolitan planning orga-nization, in cooperation with the State and any affected public transportation operator, shall provide an opportunity for participation by in-terested parties in the development of the pro-gram, in accordance with subsection (i)(5). \n‘‘(C) F\nUNDING ESTIMATES .—For the purpose of \ndeveloping the TIP, the metropolitan planning organization, public transportation agency, and State shall cooperatively develop estimates of funds that are reasonably expected to be avail-able to support program implementation. \n‘‘(D) U\nPDATING AND APPROVAL .—The TIP \nshall be— \n‘‘(i) updated at least once every 4 years; and ‘‘(ii) approved by the metropolitan planning \norganization and the Governor. \n‘‘(2) C\nONTENTS .— \n‘‘(A) P RIORITY LIST .—The TIP shall include a \npriority list of proposed Federally supported projects and strategies to be carried out within each 4-year period after the initial adoption of the TIP. \n‘‘(B) F\nINANCIAL PLAN .—The TIP shall include \na financial plan that— \n‘‘(i) demonstrates how the TIP can be imple-\nmented; \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00333 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4492 June 28, 2012 \n‘‘(ii) indicates resources from public and pri-\nvate sources that are reasonably expected to be available to carry out the program; \n‘‘(iii) identifies innovative financing tech-\nniques to finance projects, programs, and strate-gies; and \n‘‘(iv) may include, for illustrative purposes, \nadditional projects that would be included in the approved TIP if reasonable additional re-sources beyond those identified in the financial plan were available. \n‘‘(C) D\nESCRIPTIONS .—Each project in the TIP \nshall include sufficient descriptive material (such as type of work, termini, length, and other similar factors) to identify the project or phase of the project. \n‘‘(D) P\nERFORMANCE TARGET ACHIEVEMENT .— \nThe transportation improvement program shall include, to the maximum extent practicable, a description of the anticipated effect of the trans-portation improvement program toward achiev-ing the performance targets established in the metropolitan transportation plan, linking in-vestment priorities to those performance targets. \n‘‘(3) I\nNCLUDED PROJECTS .— \n‘‘(A) P ROJECTS UNDER THIS CHAPTER AND TITLE \n23.—A TIP developed under this subsection for a \nmetropolitan area shall include the projects within the area that are proposed for funding under this chapter and chapter 1 of title 23. \n‘‘(B) P\nROJECTS UNDER CHAPTER 2 OF TITLE \n23.— \n‘‘(i) R EGIONALLY SIGNIFICANT PROJECTS .—Re-\ngionally significant projects proposed for fund-ing under chapter 2 of title 23 shall be identified individually in the transportation improvement program. \n‘‘(ii) O\nTHER PROJECTS .—Projects proposed for \nfunding under chapter 2 of title 23 that are not determined to be regionally significant shall be grouped in 1 line item or identified individually in the transportation improvement program. \n‘‘(C) C\nONSISTENCY WITH LONG -RANGE TRANS -\nPORTATION PLAN .—Each project shall be con-\nsistent with the long-range transportation plan developed under subsection (i) for the area. \n‘‘(D) R\nEQUIREMENT OF ANTICIPATED FULL \nFUNDING .—The program shall include a project, \nor an identified phase of a project, only if full funding can reasonably be anticipated to be available for the project or the identified phase within the time period contemplated for comple-tion of the project or the identified phase. \n‘‘(4) N\nOTICE AND COMMENT .—Before approving \na TIP, a metropolitan planning organization, in cooperation with the State and any affected public transportation operator, shall provide an opportunity for participation by interested par-ties in the development of the program, in ac-cordance with subsection (i)(5). \n‘‘(5) S\nELECTION OF PROJECTS .— \n‘‘(A) I N GENERAL .—Except as otherwise pro-\nvided in subsection (k)(4) and in addition to the TIP development required under paragraph (1), the selection of Federally funded projects in metropolitan areas shall be carried out, from the approved TIP— \n‘‘(i) by— ‘‘(I) in the case of projects under title 23, the \nState; and \n‘‘(II) in the case of projects under this chap-\nter, the designated recipients of public transpor-tation funding; and \n‘‘(ii) in cooperation with the metropolitan \nplanning organization. \n‘‘(B) M\nODIFICATIONS TO PROJECT PRIORITY .— \nNotwithstanding any other provision of law, ac-tion by the Secretary shall not be required to advance a project included in the approved TIP in place of another project in the program. \n‘‘(6) S\nELECTION OF PROJECTS FROM ILLUS -\nTRATIVE LIST .— \n‘‘(A) N O REQUIRED SELECTION .—Notwith-\nstanding paragraph (2)(B)(iv), a State or metro-politan planning organization shall not be re-quired to select any project from the illustrative list of additional projects included in the finan-cial plan under paragraph (2)(B)(iv). ‘‘(B) R\nEQUIRED ACTION BY THE SECRETARY .— \nAction by the Secretary shall be required for a State or metropolitan planning organization to select any project from the illustrative list of ad-ditional projects included in the financial plan under paragraph (2)(B)(iv) for inclusion in an approved TIP. \n‘‘(7) P\nUBLICATION .— \n‘‘(A) P UBLICATION OF TIPS .—A TIP involving \nFederal participation shall be published or oth-erwise made readily available by the metropoli-tan planning organization for public review. \n‘‘(B) P\nUBLICATION OF ANNUAL LISTINGS OF \nPROJECTS .— \n‘‘(i) I N GENERAL .—An annual listing of \nprojects, including investments in pedestrian walkways and bicycle transportation facilities, for which Federal funds have been obligated in the preceding year shall be published or other-wise made available by the cooperative effort of the State, transit operator, and metropolitan planning organization for public review. \n‘‘(ii) R\nEQUIREMENT .—The listing shall be con-\nsistent with the categories identified in the TIP. \n‘‘(k) T RANSPORTATION MANAGEMENT AREAS.— \n‘‘(1) I DENTIFICATION AND DESIGNATION .— \n‘‘(A) R EQUIRED IDENTIFICATION .—The Sec-\nretary shall identify as a transportation man-agement area each urbanized area (as defined by the Bureau of the Census) with a population of over 200,000 individuals. \n‘‘(B) D\nESIGNATIONS ON REQUEST .—The Sec-\nretary shall designate any additional area as a transportation management area on the request of the Governor and the metropolitan planning organization designated for the area. \n‘‘(2) T\nRANSPORTATION PLANS .—In a transpor-\ntation management area, transportation plans shall be based on a continuing and comprehen-sive transportation planning process carried out by the metropolitan planning organization in cooperation with the State and public transpor-tation operators. \n‘‘(3) C\nONGESTION MANAGEMENT PROCESS .— \n‘‘(A) I N GENERAL .—Within a metropolitan \nplanning area serving a transportation manage-ment area, the transportation planning process under this section shall address congestion man-agement through a process that provides for ef-fective management and operation, based on a cooperatively developed and implemented metro-politan-wide strategy, of new and existing transportation facilities eligible for funding under this chapter and title 23 through the use of travel demand reduction and operational management strategies. \n‘‘(B) S\nCHEDULE .—The Secretary shall estab-\nlish an appropriate phase-in schedule for com-pliance with the requirements of this section but no sooner than 1 year after the identification of a transportation management area. \n‘‘(4) S\nELECTION OF PROJECTS .— \n‘‘(A) I N GENERAL .—All Federally funded \nprojects carried out within the boundaries of a metropolitan planning area serving a transpor-tation management area under title 23 (exclud-ing projects carried out on the National High-way System) or under this chapter shall be se-lected for implementation from the approved TIP by the metropolitan planning organization designated for the area in consultation with the State and any affected public transportation op-erator. \n‘‘(B) N\nATIONAL HIGHWAY SYSTEM PROJECTS .— \nProjects carried out within the boundaries of a metropolitan planning area serving a transpor-tation management area on the National High-way System shall be selected for implementation from the approved TIP by the State in coopera-tion with the metropolitan planning organiza-tion designated for the area. \n‘‘(5) C\nERTIFICATION .— \n‘‘(A) I N GENERAL .—The Secretary shall— \n‘‘(i) ensure that the metropolitan planning \nprocess of a metropolitan planning organization serving a transportation management area is being carried out in accordance with applicable provisions of Federal law; and ‘‘(ii) subject to subparagraph (B), certify, not \nless often than once every 4 years, that the re-quirements of this paragraph are met with re-spect to the metropolitan planning process. \n‘‘(B) R\nEQUIREMENTS FOR CERTIFICATION .—The \nSecretary may make the certification under sub-paragraph (A) if— \n‘‘(i) the transportation planning process com-\nplies with the requirements of this section and other applicable requirements of Federal law; and \n‘‘(ii) there is a TIP for the metropolitan plan-\nning area that has been approved by the metro-politan planning organization and the Gov-ernor. \n‘‘(C) E\nFFECT OF FAILURE TO CERTIFY .— \n‘‘(i) W ITHHOLDING OF PROJECT FUNDS .—If a \nmetropolitan planning process of a metropolitan planning organization serving a transportation management area is not certified, the Secretary may withhold up to 20 percent of the funds at-tributable to the metropolitan planning area of the metropolitan planning organization for projects funded under this chapter and title 23. \n‘‘(ii) R\nESTORATION OF WITHHELD FUNDS .—The \nwithheld funds shall be restored to the metro-politan planning area at such time as the metro-politan planning process is certified by the Sec-retary. \n‘‘(D) R\nEVIEW OF CERTIFICATION .—In making \ncertification determinations under this para-graph, the Secretary shall provide for public in-volvement appropriate to the metropolitan area under review. \n‘‘(l) R\nEPORT ON PERFORMANCE -BASED PLAN-\nNING PROCESSES .— \n‘‘(1) I N GENERAL .—The Secretary shall submit \nto Congress a report on the effectiveness of the performance-based planning processes of metro-politan planning organizations under this sec-tion, taking into consideration the requirements of this subsection \n‘‘(2) R\nEPORT .—Not later than 5 years after the \ndate of enactment of the Federal Public Trans-portation Act of 2012, the Secretary shall submit to Congress a report evaluating— \n‘‘(A) the overall effectiveness of performance- \nbased planning as a tool for guiding transpor-tation investments; \n‘‘(B) the effectiveness of the performance- \nbased planning process of each metropolitan planning organization under this section; \n‘‘(C) the extent to which metropolitan plan-\nning organizations have achieved, or are cur-rently making substantial progress toward achieving, the performance targets specified under this section and whether metropolitan planning organizations are developing meaning-ful performance targets; and \n‘‘(D) the technical capacity of metropolitan \nplanning organizations that operate within a metropolitan planning area of less than 200,000 and their ability to carry out the requirements of this section. \n‘‘(3) P\nUBLICATION .—The report under para-\ngraph (2) shall be published or otherwise made available in electronically accessible formats and means, including on the Internet. \n‘‘(m) A\nBBREVIATED PLANS FOR CERTAIN \nAREAS.— \n‘‘(1) I N GENERAL .—Subject to paragraph (2), in \nthe case of a metropolitan area not designated as a transportation management area under this section, the Secretary may provide for the devel-opment of an abbreviated transportation plan and TIP for the metropolitan planning area that the Secretary determines is appropriate to achieve the purposes of this section, taking into account the complexity of transportation prob-lems in the area. \n‘‘(2) N\nONATTAINMENT AREAS .—The Secretary \nmay not permit abbreviated plans or TIPs for a metropolitan area that is in nonattainment for ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.). \n‘‘(n) A\nDDITIONAL REQUIREMENTS FOR CERTAIN \nNONATTAINMENT AREAS.— \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00334 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4493 June 28, 2012 \n‘‘(1) I N GENERAL .—Notwithstanding any other \nprovisions of this chapter or title 23, for trans-portation management areas classified as non-attainment for ozone or carbon monoxide pursu-ant to the Clean Air Act (42 U.S.C. 7401 et seq.), Federal funds may not be advanced in such area for any highway project that will result in a significant increase in the carrying capacity for single-occupant vehicles unless the project is addressed through a congestion management process. \n‘‘(2) A\nPPLICABILITY .—This subsection applies \nto a nonattainment area within the metropoli-tan planning area boundaries determined under subsection (e). \n‘‘(o) L\nIMITATION ON STATUTORY CONSTRUC -\nTION.—Nothing in this section shall be con-\nstrued to confer on a metropolitan planning or-ganization the authority to impose legal require-ments on any transportation facility, provider, or project not eligible under this chapter or title 23. \n‘‘(p) F\nUNDING .—Funds set aside under section \n104(f) of title 23 or section 5305(g) shall be avail-able to carry out this section. \n‘‘(q) C\nONTINUATION OF CURRENT REVIEW \nPRACTICE .—Since plans and TIPs described in \nthis section are subject to a reasonable oppor-tunity for public comment, since individual projects included in plans and TIPs are subject to review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and since decisions by the Secretary concerning plans and TIPs described in this section have not been reviewed under that Act as of January 1, 1997, any decision by the Secretary con-cerning a plan or TIP described in this section shall not be considered to be a Federal action subject to review under that Act.’’. \n(b) P\nILOT PROGRAM FOR TRANSIT -ORIENTED \nDEVELOPMENT PLANNING .— \n(1) D EFINITIONS .—In this subsection the fol-\nlowing definitions shall apply: \n(A) E LIGIBLE PROJECT .—The term ‘‘eligible \nproject’’ means a new fixed guideway capital project or a core capacity improvement project, as those terms are defined in section 5309 of title 49, United States Code, as amended by this divi-sion. \n(B) S\nECRETARY .—The term ‘‘Secretary’’ means \nthe Secretary of Transportation. \n(2) G ENERAL AUTHORITY .—The Secretary may \nmake grants under this subsection to a State or local governmental authority to assist in financ-ing comprehensive planning associated with an eligible project that seeks to— \n(A) enhance economic development, ridership, \nand other goals established during the project development and engineering processes; \n(B) facilitate multimodal connectivity and ac-\ncessibility; \n(C) increase access to transit hubs for pedes-\ntrian and bicycle traffic; \n(D) enable mixed-use development; (E) identify infrastructure needs associated \nwith the eligible project; and \n(F) include private sector participation. (3) E\nLIGIBILITY .—A State or local govern-\nmental authority that desires to participate in the program under this subsection shall submit to the Secretary an application that contains, at a minimum— \n(A) identification of an eligible project; (B) a schedule and process for the develop-\nment of a comprehensive plan; \n(C) a description of how the eligible project \nand the proposed comprehensive plan advance the metropolitan transportation plan of the met-ropolitan planning organization; \n(D) proposed performance criteria for the de-\nvelopment and implementation of the com-prehensive plan; and \n(E) identification of— (i) partners; (ii) availability of and authority for funding; \nand \n(iii) potential State, local or other impedi-\nments to the implementation of the comprehen-sive plan. SEC. 20006. STATEWIDE AND NONMETROPOLITAN \nTRANSPORTATION PLANNING. \nSection 5304 of title 49, United States Code, is \namended to read as follows: \n‘‘§ 5304. Statewide and nonmetropolitan trans-\nportation planning \n‘‘(a) G ENERAL REQUIREMENTS .— \n‘‘(1) D EVELOPMENT OF PLANS AND PRO -\nGRAMS .—Subject to section 5303, to accomplish \nthe objectives stated in section 5303(a), each State shall develop a statewide transportation plan and a statewide transportation improve-ment program for all areas of the State. \n‘‘(2) C\nONTENTS .—The statewide transportation \nplan and the transportation improvement pro-gram developed for each State shall provide for the development and integrated management and operation of transportation systems and fa-cilities (including accessible pedestrian walk-ways and bicycle transportation facilities) that will function as an intermodal transportation system for the State and an integral part of an intermodal transportation system for the United States. \n‘‘(3) P\nROCESS OF DEVELOPMENT .—The process \nfor developing the statewide plan and the trans-portation improvement program shall provide for consideration of all modes of transportation and the policies stated in section 5303(a) and shall be continuing, cooperative, and com-prehensive to the degree appropriate, based on the complexity of the transportation problems to be addressed. \n‘‘(b) C\nOORDINATION WITH METROPOLITAN \nPLANNING ; STATE IMPLEMENTATION PLAN.—A \nState shall— \n‘‘(1) coordinate planning carried out under \nthis section with the transportation planning activities carried out under section 5303 for met-ropolitan areas of the State and with statewide trade and economic development planning ac-tivities and related multistate planning efforts; and \n‘‘(2) develop the transportation portion of the \nState implementation plan as required by the Clean Air Act (42 U.S.C. 7401 et seq.). \n‘‘(c) I\nNTERSTATE AGREEMENTS .— \n‘‘(1) I N GENERAL .—Two or more States may \nenter into agreements or compacts, not in con-flict with any law of the United States, for co-operative efforts and mutual assistance in sup-port of activities authorized under this section related to interstate areas and localities in the States and establishing authorities the States consider desirable for making the agreements and compacts effective. \n‘‘(2) R\nESERVATION OF RIGHTS .—The right to \nalter, amend, or repeal interstate compacts en-tered into under this subsection is expressly re-served. \n‘‘(d) S\nCOPE OF PLANNING PROCESS .— \n‘‘(1) I N GENERAL .—Each State shall carry out \na statewide transportation planning process that provides for consideration and implementa-tion of projects, strategies, and services that will— \n‘‘(A) support the economic vitality of the \nUnited States, the States, nonmetropolitan areas, and metropolitan areas, especially by en-abling global competitiveness, productivity, and efficiency; \n‘‘(B) increase the safety of the transportation \nsystem for motorized and nonmotorized users; \n‘‘(C) increase the security of the transpor-\ntation system for motorized and nonmotorized users; \n‘‘(D) increase the accessibility and mobility of \npeople and freight; \n‘‘(E) protect and enhance the environment, \npromote energy conservation, improve the qual-ity of life, and promote consistency between transportation improvements and State and local planned growth and economic development patterns; \n‘‘(F) enhance the integration and connectivity \nof the transportation system, across and be-tween modes throughout the State, for people and freight; ‘‘(G) promote efficient system management \nand operation; and \n‘‘(H) emphasize the preservation of the exist-\ning transportation system. \n‘‘(2) P\nERFORMANCE -BASED APPROACH .— \n‘‘(A) I N GENERAL .—The statewide transpor-\ntation planning process shall provide for the es-tablishment and use of a performance-based ap-proach to transportation decisionmaking to sup-port the national goals described in section 150(b) of title 23 and the general purposes de-scribed in section 5301. \n‘‘(B) P\nERFORMANCE TARGETS .— \n‘‘(i) S URFACE TRANSPORTATION PERFORMANCE \nTARGETS .— \n‘‘(I) I N GENERAL .—Each State shall establish \nperformance targets that address the perform-ance measures described in section 150(c) of title 23, where applicable, to use in tracking progress towards attainment of critical outcomes for the State. \n‘‘(II) C\nOORDINATION .—Selection of perform-\nance targets by a State shall be coordinated with the relevant metropolitan planning organi-zations to ensure consistency, to the maximum extent practicable. \n‘‘(ii) P\nUBLIC TRANSPORTATION PERFORMANCE \nTARGETS .—In urbanized areas with a population \nof fewer than 200,000 individuals, as calculated according to the most recent decennial census, and not represented by a metropolitan planning organization, selection of performance targets by a State shall be coordinated, to the maximum extent practicable, with providers of public transportation to ensure consistency with sec-tions 5326(c) and 5329(d). \n‘‘(C) I\nNTEGRATION OF OTHER PERFORMANCE - \nBASED PLANS .—A State shall integrate into the \nstatewide transportation planning process, di-rectly or by reference, the goals, objectives, per-formance measures, and targets described in this paragraph, in other State transportation plans and transportation processes, as well as any plans developed pursuant to title 23 by providers of public transportation in urbanized areas with a population of fewer than 200,000 individuals, as calculated according to the most recent de-cennial census, and not represented by a metro-politan planning organization, required as part of a performance-based program. \n‘‘(D) U\nSE OF PERFORMANCE MEASURES AND \nTARGETS .—The performance measures and tar-\ngets established under this paragraph shall be considered by a State when developing policies, programs, and investment priorities reflected in the statewide transportation plan and statewide transportation improvement program. \n‘‘(3) F\nAILURE TO CONSIDER FACTORS .—The \nfailure to take into consideration the factors specified in paragraphs (1) and (2) shall not be subject to review by any court under this chap-ter, title 23, subchapter II of chapter 5 of title 5, or chapter 7 of title 5 in any matter affecting a statewide transportation plan, a statewide transportation improvement program, a project or strategy, or the certification of a planning process. \n‘‘(e) A\nDDITIONAL REQUIREMENTS .—‘‘In car-\nrying out planning under this section, each State shall, at a minimum— \n‘‘(1) with respect to nonmetropolitan areas, \ncooperate with affected local officials with re-sponsibility for transportation or, if applicable, through regional transportation planning orga-nizations described in subsection (l); \n‘‘(2) consider the concerns of Indian tribal \ngovernments and Federal land management agencies that have jurisdiction over land within the boundaries of the State; and \n‘‘(3) consider coordination of transportation \nplans, the transportation improvement program, and planning activities with related planning activities being carried out outside of metropoli-tan planning areas and between States. \n‘‘(f) L\nONG-RANGE STATEWIDE TRANSPORTATION \nPLAN.— \n‘‘(1) D EVELOPMENT .—Each State shall develop \na long-range statewide transportation plan, \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00335 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4494 June 28, 2012 \nwith a minimum 20-year forecast period for all \nareas of the State, that provides for the develop-ment and implementation of the intermodal transportation system of the State. \n‘‘(2) C\nONSULTATION WITH GOVERNMENTS .— \n‘‘(A) M ETROPOLITAN AREAS .—The statewide \ntransportation plan shall be developed for each metropolitan area in the State in cooperation with the metropolitan planning organization designated for the metropolitan area under sec-tion 5303. \n‘‘(B) N\nONMETROPOLITAN AREAS .— \n‘‘(i) I N GENERAL .—With respect to nonmetro-\npolitan areas, the statewide transportation plan shall be developed in cooperation with affected nonmetropolitan officials with responsibility for transportation or, if applicable, through re-gional transportation planning organizations described in subsection (l). \n‘‘(ii) R\nOLE OF SECRETARY .—The Secretary \nshall not review or approve the consultation process in each State. \n‘‘(C) I\nNDIAN TRIBAL AREAS .—With respect to \neach area of the State under the jurisdiction of an Indian tribal government, the statewide transportation plan shall be developed in con-sultation with the tribal government and the Secretary of the Interior. \n‘‘(D) C\nONSULTATION , COMPARISON , AND CON -\nSIDERATION .— \n‘‘(i) I N GENERAL .—The long-range transpor-\ntation plan shall be developed, as appropriate, in consultation with State, tribal, and local agencies responsible for land use management, natural resources, environmental protection, conservation, and historic preservation. \n‘‘(ii) C\nOMPARISON AND CONSIDERATION .—Con-\nsultation under clause (i) shall involve compari-son of transportation plans to State and tribal conservation plans or maps, if available, and comparison of transportation plans to inven-tories of natural or historic resources, if avail-able. \n‘‘(3) P\nARTICIPATION BY INTERESTED PARTIES .— \n‘‘(A) I N GENERAL .—In developing the state-\nwide transportation plan, the State shall pro-vide to— \n‘‘(i) nonmetropolitan local elected officials, or, \nif applicable, through regional transportation planning organizations described in subsection (l), an opportunity to participate in accordance with subparagraph (B)(i); and \n‘‘(ii) citizens, affected public agencies, rep-\nresentatives of public transportation employees, freight shippers, private providers of transpor-tation, representatives of users of public trans-portation, representatives of users of pedestrian walkways and bicycle transportation facilities, representatives of the disabled, providers of freight transportation services, and other inter-ested parties a reasonable opportunity to com-ment on the proposed plan. \n‘‘(B) M\nETHODS .—In carrying out subpara-\ngraph (A), the State shall, to the maximum ex-tent practicable— \n‘‘(i) develop and document a consultative \nprocess to carry out subparagraph (A)(i) that is separate and discrete from the public involve-ment process developed under clause (ii); \n‘‘(ii) hold any public meetings at convenient \nand accessible locations and times; \n‘‘(iii) employ visualization techniques to de-\nscribe plans; and \n‘‘(iv) make public information available in \nelectronically accessible format and means, such as the World Wide Web, as appropriate to afford reasonable opportunity for consideration of public information under subparagraph (A). \n‘‘(4) M\nITIGATION ACTIVITIES .— \n‘‘(A) I N GENERAL .—A long-range transpor-\ntation plan shall include a discussion of poten-tial environmental mitigation activities and po-tential areas to carry out these activities, in-cluding activities that may have the greatest po-tential to restore and maintain the environ-mental functions affected by the plan. \n‘‘(B) C\nONSULTATION .—The discussion shall be \ndeveloped in consultation with Federal, State, and tribal wildlife, land management, and regu-\nlatory agencies. \n‘‘(5) F INANCIAL PLAN .—The statewide trans-\nportation plan may include— \n‘‘(A) a financial plan that— ‘‘(i) demonstrates how the adopted statewide \ntransportation plan can be implemented; \n‘‘(ii) indicates resources from public and pri-\nvate sources that are reasonably expected to be made available to carry out the plan; and \n‘‘(iii) recommends any additional financing \nstrategies for needed projects and programs; and \n‘‘(B) for illustrative purposes, additional \nprojects that would be included in the adopted statewide transportation plan if reasonable ad-ditional resources beyond those identified in the financial plan were available. \n‘‘(6) S\nELECTION OF PROJECTS FROM ILLUS -\nTRATIVE LIST .—A State shall not be required to \nselect any project from the illustrative list of ad-ditional projects included in the financial plan described in paragraph (5). \n‘‘(7) P\nERFORMANCE -BASED APPROACH .—The \nstatewide transportation plan should include— \n‘‘(A) a description of the performance meas-\nures and performance targets used in assessing the performance of the transportation system in accordance with subsection (d)(2); and \n‘‘(B) a system performance report and subse-\nquent updates evaluating the condition and per-formance of the transportation system with re-spect to the performance targets described in subsection (d)(2), including progress achieved by the metropolitan planning organization in meet-ing the performance targets in comparison with system performance recorded in previous re-ports; \n‘‘(8) E\nXISTING SYSTEM .—The statewide trans-\nportation plan should include capital, oper-ations and management strategies, investments, procedures, and other measures to ensure the preservation and most efficient use of the exist-ing transportation system. \n‘‘(9) P\nUBLICATION OF LONG -RANGE TRANSPOR -\nTATION PLANS .—Each long-range transportation \nplan prepared by a State shall be published or otherwise made available, including (to the maximum extent practicable) in electronically accessible formats and means, such as the World Wide Web. \n‘‘(g) S\nTATEWIDE TRANSPORTATION IMPROVE -\nMENT PROGRAM .— \n‘‘(1) D EVELOPMENT .— \n‘‘(A) I N GENERAL .—Each State shall develop a \nstatewide transportation improvement program for all areas of the State. \n‘‘(B) D\nURATION AND UPDATING OF PROGRAM .— \nEach program developed under subparagraph (A) shall cover a period of 4 years and shall be updated every 4 years or more frequently if the Governor of the State elects to update more fre-quently. \n‘‘(2) C\nONSULTATION WITH GOVERNMENTS .— \n‘‘(A) M ETROPOLITAN AREAS .—With respect to \neach metropolitan area in the State, the pro-gram shall be developed in cooperation with the metropolitan planning organization designated for the metropolitan area under section 5303. \n‘‘(B) N\nONMETROPOLITAN AREAS .— \n‘‘(i) I N GENERAL .—With respect to each non-\nmetropolitan area in the State, the program shall be developed in cooperation with affected nonmetropolitan local officials with responsi-bility for transportation or, if applicable, through regional transportation planning orga-nizations described in subsection (l). \n‘‘(ii) R\nOLE OF SECRETARY .—The Secretary \nshall not review or approve the specific con-sultation process in the State. \n‘‘(C) I\nNDIAN TRIBAL AREAS .—With respect to \neach area of the State under the jurisdiction of an Indian tribal government, the program shall be developed in consultation with the tribal gov-ernment and the Secretary of the Interior. \n‘‘(3) P\nARTICIPATION BY INTERESTED PARTIES .— \nIn developing the program, the State shall pro-vide citizens, affected public agencies, represent-atives of public transportation employees, freight shippers, private providers of transpor-\ntation, providers of freight transportation serv-ices, representatives of users of public transpor-tation, representatives of users of pedestrian walkways and bicycle transportation facilities, representatives of the disabled, and other inter-ested parties with a reasonable opportunity to comment on the proposed program. \n‘‘(4) P\nERFORMANCE TARGET ACHIEVEMENT .—A \nstatewide transportation improvement program shall include, to the maximum extent prac-ticable, a discussion of the anticipated effect of the statewide transportation improvement pro-gram toward achieving the performance targets established in the statewide transportation plan, linking investment priorities to those perform-ance targets. \n‘‘(5) I\nNCLUDED PROJECTS .— \n‘‘(A) I N GENERAL .—A transportation improve-\nment program developed under this subsection for a State shall include Federally supported surface transportation expenditures within the boundaries of the State. \n‘‘(B) L\nISTING OF PROJECTS .— \n‘‘(i) I N GENERAL .—An annual listing of \nprojects for which funds have been obligated for the preceding year in each metropolitan plan-ning area shall be published or otherwise made available by the cooperative effort of the State, transit operator, and the metropolitan planning organization for public review. \n‘‘(ii) F\nUNDING CATEGORIES .—The listing de-\nscribed in clause (i) shall be consistent with the funding categories identified in each metropoli-tan transportation improvement program. \n‘‘(C) P\nROJECTS UNDER CHAPTER 2 .— \n‘‘(i) R EGIONALLY SIGNIFICANT PROJECTS .—Re-\ngionally significant projects proposed for fund-ing under chapter 2 of title 23 shall be identified individually in the transportation improvement program. \n‘‘(ii) O\nTHER PROJECTS .—Projects proposed for \nfunding under chapter 2 of title 23 that are not determined to be regionally significant shall be grouped in 1 line item or identified individually in the transportation improvement program. \n‘‘(D) C\nONSISTENCY WITH STATEWIDE TRANSPOR -\nTATION PLAN .—Each project shall be— \n‘‘(i) consistent with the statewide transpor-\ntation plan developed under this section for the State; \n‘‘(ii) identical to the project or phase of the \nproject as described in an approved metropolitan transportation plan; and \n‘‘(iii) in conformance with the applicable \nState air quality implementation plan developed under the Clean Air Act (42 U.S.C. 7401 et seq.), if the project is carried out in an area des-ignated as a nonattainment area for ozone, par-ticulate matter, or carbon monoxide under part D of title I of that Act (42 U.S.C. 7501 et seq.). \n‘‘(E) R\nEQUIREMENT OF ANTICIPATED FULL \nFUNDING .—The transportation improvement pro-\ngram shall include a project, or an identified phase of a project, only if full funding can rea-sonably be anticipated to be available for the project within the time period contemplated for completion of the project. \n‘‘(F) F\nINANCIAL PLAN .— \n‘‘(i) I N GENERAL .—The transportation im-\nprovement program may include a financial plan that demonstrates how the approved trans-portation improvement program can be imple-mented, indicates resources from public and pri-vate sources that are reasonably expected to be made available to carry out the transportation improvement program, and recommends any ad-ditional financing strategies for needed projects and programs. \n‘‘(ii) A\nDDITIONAL PROJECTS .—The financial \nplan may include, for illustrative purposes, ad-ditional projects that would be included in the adopted transportation plan if reasonable addi-tional resources beyond those identified in the financial plan were available. \n‘‘(G) S\nELECTION OF PROJECTS FROM ILLUS -\nTRATIVE LIST .— \n‘‘(i) N O REQUIRED SELECTION .—Notwith-\nstanding subparagraph (F), a State shall not be \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00336 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4495 June 28, 2012 \nrequired to select any project from the illus-\ntrative list of additional projects included in the financial plan under subparagraph (F). \n‘‘(ii) R\nEQUIRED ACTION BY THE SECRETARY .— \nAction by the Secretary shall be required for a State to select any project from the illustrative list of additional projects included in the finan-cial plan under subparagraph (F) for inclusion in an approved transportation improvement pro-gram. \n‘‘(H) P\nRIORITIES .—The transportation im-\nprovement program shall reflect the priorities for programming and expenditures of funds, includ-ing transportation enhancement activities, re-quired by this chapter and title 23. \n‘‘(6) P\nROJECT SELECTION FOR AREAS OF LESS \nTHAN 50 ,000 POPULATION .— \n‘‘(A) I N GENERAL .—Projects carried out in \nareas with populations of less than 50,000 indi-viduals shall be selected, from the approved transportation improvement program (excluding projects carried out on the National Highway System and projects carried out under the bridge program or the Interstate maintenance program under title 23 or under sections 5310 and 5311 of this chapter), by the State in cooperation with the affected nonmetropolitan local officials with responsibility for transportation or, if applica-ble, through regional transportation planning organizations described in subsection (l). \n‘‘(B) O\nTHER PROJECTS .—Projects carried out \nin areas with populations of less than 50,000 in-dividuals on the National Highway System or under the bridge program or the Interstate maintenance program under title 23 or under sections 5310 and 5311 of this chapter shall be selected, from the approved statewide transpor-tation improvement program, by the State in consultation with the affected nonmetropolitan local officials with responsibility for transpor-tation. \n‘‘(7) T\nRANSPORTATION IMPROVEMENT PROGRAM \nAPPROVAL .—Every 4 years, a transportation im-\nprovement program developed under this sub-section shall be reviewed and approved by the Secretary if based on a current planning find-ing. \n‘‘(8) P\nLANNING FINDING .—A finding shall be \nmade by the Secretary at least every 4 years that the transportation planning process through which statewide transportation plans and programs are developed is consistent with this section and section 5303. \n‘‘(9) M\nODIFICATIONS TO PROJECT PRIORITY .— \nNotwithstanding any other provision of law, ac-tion by the Secretary shall not be required to advance a project included in the approved transportation improvement program in place of another project in the program. \n‘‘(h) P\nERFORMANCE -BASED PLANNING PROC-\nESSES EVALUATION .— \n‘‘(1) I N GENERAL .—The Secretary shall estab-\nlish criteria to evaluate the effectiveness of the performance-based planning processes of States, taking into consideration the following: \n‘‘(A) The extent to which the State is making \nprogress toward achieving, the performance tar-gets described in subsection (d)(2), taking into account whether the State developed appro-priate performance targets. \n‘‘(B) The extent to which the State has made \ntransportation investments that are efficient and cost-effective. \n‘‘(C) The extent to which the State— ‘‘(i) has developed an investment process that \nrelies on public input and awareness to ensure that investments are transparent and account-able; and \n‘‘(ii) provides reports allowing the public to \naccess the information being collected in a for-mat that allows the public to meaningfully as-sess the performance of the State. \n‘‘(2) R\nEPORT .— \n‘‘(A) I N GENERAL .—Not later than 5 years \nafter the date of enactment of the Federal Pub-lic Transportation Act of 2012, the Secretary shall submit to Congress a report evaluating— ‘‘(i) the overall effectiveness of performance- \nbased planning as a tool for guiding transpor-tation investments; and \n‘‘(ii) the effectiveness of the performance- \nbased planning process of each State. \n‘‘(B) P\nUBLICATION .—The report under sub-\nparagraph (A) shall be published or otherwise made available in electronically accessible for-mats and means, including on the Internet. \n‘‘(i) T\nREATMENT OF CERTAIN STATE LAWS AS \nCONGESTION MANAGEMENT PROCESSES .—For \npurposes of this section and section 5303, and sections 134 and 135 of title 23, State laws, rules, or regulations pertaining to congestion manage-ment systems or programs may constitute the congestion management process under this this section and section 5303, and sections 134 and 135 of title 23, if the Secretary finds that the State laws, rules, or regulations are consistent with, and fulfill the intent of, the purposes of this section and section 5303, and sections 134 and 135 of title 23, as appropriate. \n‘‘(j) C\nONTINUATION OF CURRENT REVIEW PRAC-\nTICE.—Since the statewide transportation plan \nand the transportation improvement program described in this section are subject to a reason-able opportunity for public comment, since indi-vidual projects included in the statewide trans-portation plans and the transportation improve-ment program are subject to review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and since decisions by the Secretary concerning statewide transportation plans or the transportation improvement pro-gram described in this section have not been re-viewed under that Act as of January 1, 1997, any decision by the Secretary concerning a met-ropolitan or statewide transportation plan or the transportation improvement program de-scribed in this section shall not be considered to be a Federal action subject to review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). \n‘‘(k) S\nCHEDULE FOR IMPLEMENTATION .—The \nSecretary shall issue guidance on a schedule for implementation of the changes made by this sec-tion, taking into consideration the established planning update cycle for States. The Secretary shall not require a State to deviate from its es-tablished planning update cycle to implement changes made by this section. States shall re-flect changes made to their transportation plan or transportation improvement program updates not later than 2 years after the date of issuance of guidance by the Secretary under this sub-section. \n‘‘(l) D\nESIGNATION OF REGIONAL TRANSPOR -\nTATION PLANNING ORGANIZATIONS .— \n‘‘(1) I N GENERAL .—To carry out the transpor-\ntation planning process required by this section, \na State may establish and designate regional transportation planning organizations to en-hance the planning, coordination, and imple-mentation of statewide strategic long-range transportation plans and transportation im-provement programs, with an emphasis on ad-dressing the needs of nonmetropolitan areas of the State. \n‘‘(2) S\nTRUCTURE .—A regional transportation \nplanning organization shall be established as a multijurisdictional organization of nonmetro-politan local officials or their designees who vol-unteer for such organization and representa-tives of local transportation systems who volun-teer for such organization. \n‘‘(3) R\nEQUIREMENTS .—A regional transpor-\ntation planning organization shall establish, at a minimum— \n‘‘(A) a policy committee, the majority of which \nshall consist of nonmetropolitan local officials, or their designees, and, as appropriate, addi-tional representatives from the State, private business, transportation service providers, eco-nomic development practitioners, and the public in the region; and \n‘‘(B) a fiscal and administrative agent, such \nas an existing regional planning and develop-ment organization, to provide professional plan-ning, management, and administrative support. ‘‘(4) D\nUTIES .—The duties of a regional trans-\nportation planning organization shall include— \n‘‘(A) developing and maintaining, in coopera-\ntion with the State, regional long-range multimodal transportation plans; \n‘‘(B) developing a regional transportation im-\nprovement program for consideration by the State; \n‘‘(C) fostering the coordination of local plan-\nning, land use, and economic development plans with State, regional, and local transportation plans and programs; \n‘‘(D) providing technical assistance to local \nofficials; \n‘‘(E) participating in national, multistate, and \nState policy and planning development proc-esses to ensure the regional and local input of nonmetropolitan areas; \n‘‘(F) providing a forum for public participa-\ntion in the statewide and regional transpor-tation planning processes; \n‘‘(G) considering and sharing plans and pro-\ngrams with neighboring regional transportation planning organizations, metropolitan planning organizations, and, where appropriate, tribal organizations; and \n‘‘(H) conducting other duties, as necessary, to \nsupport and enhance the statewide planning process under subsection (d). \n‘‘(5) S\nTATES WITHOUT REGIONAL TRANSPOR -\nTATION PLANNING ORGANIZATIONS .—If a State \nchooses not to establish or designate a regional transportation planning organization, the State shall consult with affected nonmetropolitan local officials to determine projects that may be of regional significance.’’. \nSEC. 20007. URBANIZED AREA FORMULA GRANTS. \nSection 5307 of title 49, United States Code, is \namended to read as follows: \n‘‘§ 5307. Urbanized area formula grants \n‘‘(a) G ENERAL AUTHORITY .— \n‘‘(1) G RANTS .—The Secretary may make grants \nunder this section for— \n‘‘(A) capital projects; ‘‘(B) planning; ‘‘(C) job access and reverse commute projects; \nand \n‘‘(D) operating costs of equipment and facili-\nties for use in public transportation in an ur-banized area with a population of fewer than 200,000 individuals, as determined by the Bu-reau of the Census. \n‘‘(2) S\nPECIAL RULE .—The Secretary may make \ngrants under this section to finance the oper-ating cost of equipment and facilities for use in public transportation, excluding rail fixed guideway, in an urbanized area with a popu-lation of not fewer than 200,000 individuals, as determined by the Bureau of the Census— \n‘‘(A) for public transportation systems that \noperate 75 or fewer buses in fixed route service during peak service hours, in an amount not to exceed 75 percent of the share of the apportion-ment which is attributable to such systems with-in the urbanized area, as measured by vehicle revenue hours; and \n‘‘(B) for public transportation systems that \noperate a minimum of 76 buses and a maximum of 100 buses in fixed route service during peak service hours, in an amount not to exceed 50 percent of the share of the apportionment which is attributable to such systems within the urban-ized area, as measured by vehicle revenue hours. \n‘‘(b) P\nROGRAM OF PROJECTS .—Each recipient \nof a grant shall— \n‘‘(1) make available to the public information \non amounts available to the recipient under this section; \n‘‘(2) develop, in consultation with interested \nparties, including private transportation pro-viders, a proposed program of projects for activi-ties to be financed; \n‘‘(3) publish a proposed program of projects in \na way that affected individuals, private trans-portation providers, and local elected officials have the opportunity to examine the proposed program and submit comments on the proposed program and the performance of the recipient; \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00337 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4496 June 28, 2012 \n‘‘(4) provide an opportunity for a public hear-\ning in which to obtain the views of individuals on the proposed program of projects; \n‘‘(5) ensure that the proposed program of \nprojects provides for the coordination of public transportation services assisted under section 5336 of this title with transportation services as-sisted from other United States Government sources; \n‘‘(6) consider comments and views received, es-\npecially those of private transportation pro-viders, in preparing the final program of projects; and \n‘‘(7) make the final program of projects avail-\nable to the public. \n‘‘(c) G\nRANT RECIPIENT REQUIREMENTS .—A re-\ncipient may receive a grant in a fiscal year only if— \n‘‘(1) the recipient, within the time the Sec-\nretary prescribes, submits a final program of projects prepared under subsection (b) of this section and a certification for that fiscal year that the recipient (including a person receiving amounts from a Governor under this section)— \n‘‘(A) has or will have the legal, financial, and \ntechnical capacity to carry out the program, in-cluding safety and security aspects of the pro-gram; \n‘‘(B) has or will have satisfactory continuing \ncontrol over the use of equipment and facilities; \n‘‘(C) will maintain equipment and facilities; \n‘‘(D) will ensure that, during non-peak hours \nfor transportation using or involving a facility or equipment of a project financed under this section, a fare that is not more than 50 percent of the peak hour fare will be charged for any— \n‘‘(i) senior; ‘‘(ii) individual who, because of illness, in-\njury, age, congenital malfunction, or other inca-pacity or temporary or permanent disability (in-cluding an individual who is a wheelchair user or has semiambulatory capability), cannot use a public transportation service or a public trans-portation facility effectively without special fa-cilities, planning, or design; and \n‘‘(iii) individual presenting a Medicare card \nissued to that individual under title II or XVIII of the Social Security Act (42 U.S.C. 401 et seq. and 1395 et seq.); \n‘‘(E) in carrying out a procurement under this \nsection, will comply with sections 5323 and 5325; \n‘‘(F) has complied with subsection (b) of this \nsection; \n‘‘(G) has available and will provide the re-\nquired amounts as provided by subsection (d) of this section; \n‘‘(H) will comply with sections 5303 and 5304; ‘‘(I) has a locally developed process to solicit \nand consider public comment before raising a fare or carrying out a major reduction of trans-portation; \n‘‘(J)(i) will expend for each fiscal year for \npublic transportation security projects, includ-ing increased lighting in or adjacent to a public transportation system (including bus stops, sub-way stations, parking lots, and garages), in-creased camera surveillance of an area in or ad-jacent to that system, providing an emergency telephone line to contact law enforcement or se-curity personnel in an area in or adjacent to that system, and any other project intended to increase the security and safety of an existing or planned public transportation system, at least 1 percent of the amount the recipient re-ceives for each fiscal year under section 5336 of this title; or \n‘‘(ii) has decided that the expenditure for se-\ncurity projects is not necessary; \n‘‘(K) in the case of a recipient for an urban-\nized area with a population of not fewer than 200,000 individuals, as determined by the Bu-reau of the Census— \n‘‘(i) will expend not less than 1 percent of the \namount the recipient receives each fiscal year under this section for associated transit im-provements, as defined in section 5302; and \n‘‘(ii) will submit an annual report listing \nprojects carried out in the preceding fiscal year with those funds; and ‘‘(L) will comply with section 5329(d); and \n‘‘(2) the Secretary accepts the certification. ‘‘(d) G\nOVERNMENT SHARE OF COSTS.— \n‘‘(1) C APITAL PROJECTS .—A grant for a capital \nproject under this section shall be for 80 percent of the net project cost of the project. The recipi-ent may provide additional local matching amounts. \n‘‘(2) O\nPERATING EXPENSES .—A grant for oper-\nating expenses under this section may not ex-ceed 50 percent of the net project cost of the project. \n‘‘(3) R\nEMAINING COSTS .—Subject to paragraph \n(4), the remainder of the net project costs shall be provided— \n‘‘(A) in cash from non-Government sources \nother than revenues from providing public transportation services; \n‘‘(B) from revenues from the sale of adver-\ntising and concessions; \n‘‘(C) from an undistributed cash surplus, a re-\nplacement or depreciation cash fund or reserve, or new capital; \n‘‘(D) from amounts appropriated or otherwise \nmade available to a department or agency of the Government (other than the Department of Transportation) that are eligible to be expended for transportation; and \n‘‘(E) from amounts received under a service \nagreement with a State or local social service agency or private social service organization. \n‘‘(4) U\nSE OF CERTAIN FUNDS .—For purposes of \nsubparagraphs (D) and (E) of paragraph (3), the prohibitions on the use of funds for match-ing requirements under section 403(a)(5)(C)(vii) of the Social Security Act (42 U.S.C. 603(a)(5)(C)(vii)) shall not apply to Federal or State funds to be used for transportation pur-poses. \n‘‘(e) U\nNDERTAKING PROJECTS IN ADVANCE .— \n‘‘(1) P AYMENT .—The Secretary may pay the \nGovernment share of the net project cost to a State or local governmental authority that car-ries out any part of a project eligible under sub-paragraph (A) or (B) of subsection (a)(1) with-out the aid of amounts of the Government and according to all applicable procedures and re-quirements if— \n‘‘(A) the recipient applies for the payment; ‘‘(B) the Secretary approves the payment; and ‘‘(C) before carrying out any part of the \nproject, the Secretary approves the plans and specifications for the part in the same way as for other projects under this section. \n‘‘(2) A\nPPROVAL OF APPLICATION .—The Sec-\nretary may approve an application under para-graph (1) of this subsection only if an author-ization for this section is in effect for the fiscal year to which the application applies. The Sec-retary may not approve an application if the payment will be more than— \n‘‘(A) the recipient’s expected apportionment \nunder section 5336 of this title if the total amount authorized to be appropriated for the fiscal year to carry out this section is appro-priated; less \n‘‘(B) the maximum amount of the apportion-\nment that may be made available for projects for operating expenses under this section. \n‘‘(3) F\nINANCING COSTS .— \n‘‘(A) I N GENERAL .—The cost of carrying out \npart of a project includes the amount of interest earned and payable on bonds issued by the re-cipient to the extent proceeds of the bonds are expended in carrying out the part. \n‘‘(B) L\nIMITATION ON THE AMOUNT OF INTER -\nEST.—The amount of interest allowed under this \nparagraph may not be more than the most fa-vorable financing terms reasonably available for the project at the time of borrowing. \n‘‘(C) C\nERTIFICATION .—The applicant shall cer-\ntify, in a manner satisfactory to the Secretary, that the applicant has shown reasonable dili-gence in seeking the most favorable financing terms. \n‘‘(f) R\nEVIEWS , AUDITS , ANDEVALUATIONS .— \n‘‘(1) A NNUAL REVIEW .— \n‘‘(A) I N GENERAL .—At least annually, the Sec-\nretary shall carry out, or require a recipient to have carried out independently, reviews and au-\ndits the Secretary considers appropriate to es-tablish whether the recipient has carried out— \n‘‘(i) the activities proposed under subsection \n(c) of this section in a timely and effective way and can continue to do so; and \n‘‘(ii) those activities and its certifications and \nhas used amounts of the Government in the way required by law. \n‘‘(B) A\nUDITING PROCEDURES .—An audit of the \nuse of amounts of the Government shall comply with the auditing procedures of the Comptroller General. \n‘‘(2) T\nRIENNIAL REVIEW .—At least once every 3 \nyears, the Secretary shall review and evaluate completely the performance of a recipient in car-rying out the recipient’s program, specifically referring to compliance with statutory and ad-ministrative requirements and the extent to which actual program activities are consistent with the activities proposed under subsection (c) of this section and the planning process re-quired under sections 5303, 5304, and 5305 of this title. To the extent practicable, the Secretary shall coordinate such reviews with any related State or local reviews. \n‘‘(3) A\nCTIONS RESULTING FROM REVIEW , AUDIT , \nOR EVALUATION .—The Secretary may take ap-\npropriate action consistent with a review, audit, and evaluation under this subsection, including making an appropriate adjustment in the amount of a grant or withdrawing the grant. \n‘‘(g) T\nREATMENT .—For purposes of this sec-\ntion, the United States Virgin Islands shall be treated as an urbanized area, as defined in sec-tion 5302. \n‘‘(h) P\nASSENGER FERRY GRANTS .— \n‘‘(1) I N GENERAL .—The Secretary may make \ngrants under this subsection to recipients for passenger ferry projects that are eligible for a grant under subsection (a). \n‘‘(2) G\nRANT REQUIREMENTS .—Except as other-\nwise provided in this subsection, a grant under this subsection shall be subject to the same terms and conditions as a grant under subsection (a). \n‘‘(3) C\nOMPETITIVE PROCESS .—The Secretary \nshall solicit grant applications and make grants for eligible projects on a competitive basis.’’. \nSEC. 20008. FIXED GUIDEWAY CAPITAL INVEST-\nMENT GRANTS. \n(a) I NGENERAL .—Section 5309 of title 49, \nUnited States Code, is amended to read as fol-lows: \n‘‘§ 5309. Fixed guideway capital investment \ngrants \n‘‘(a) D\nEFINITIONS .—In this section, the fol-\nlowing definitions shall apply: \n‘‘(1) A PPLICANT .—The term ‘applicant’ means \na State or local governmental authority that ap-plies for a grant under this section. \n‘‘(2) C\nORE CAPACITY IMPROVEMENT PROJECT .— \nThe term ‘core capacity improvement project’ means a substantial corridor-based capital in-\nvestment in an existing fixed guideway system that increases the capacity of a corridor by not less than 10 percent. The term does not include project elements designed to maintain a state of good repair of the existing fixed guideway sys-tem. \n‘‘(3) C\nORRIDOR -BASED BUS RAPID TRANSIT \nPROJECT .—The term ‘corridor-based bus rapid \ntransit project’ means a small start project uti-lizing buses in which the project represents a substantial investment in a defined corridor as demonstrated by features that emulate the serv-ices provided by rail fixed guideway public transportation systems, including defined sta-tions; traffic signal priority for public transpor-tation vehicles; short headway bidirectional services for a substantial part of weekdays and weekend days; and any other features the Sec-retary may determine support a long-term cor-ridor investment, but the majority of which does not operate in a separated right-of-way dedi-cated for public transportation use during peak periods. \n‘‘(4) F\nIXED GUIDEWAY BUS RAPID TRANSIT \nPROJECT .—The term ‘fixed guideway bus rapid \ntransit project’ means a bus capital project— \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00338 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4497 June 28, 2012 \n‘‘(A) in which the majority of the project oper-\nates in a separated right-of-way dedicated for public transportation use during peak periods; \n‘‘(B) that represents a substantial investment \nin a single route in a defined corridor or sub-area; and \n‘‘(C) that includes features that emulate the \nservices provided by rail fixed guideway public transportation systems, including— \n‘‘(i) defined stations; ‘‘(ii) traffic signal priority for public transpor-\ntation vehicles; \n‘‘(iii) short headway bidirectional services for \na substantial part of weekdays and weekend days; and \n‘‘(iv) any other features the Secretary may de-\ntermine are necessary to produce high-quality public transportation services that emulate the services provided by rail fixed guideway public transportation systems. \n‘‘(5) N\nEW FIXED GUIDEWAY CAPITAL PROJECT .— \nThe term ‘new fixed guideway capital project’ means— \n‘‘(A) a new fixed guideway project that is a \nminimum operable segment or extension to an existing fixed guideway system; or \n‘‘(B) a fixed guideway bus rapid transit \nproject that is a minimum operable segment or an extension to an existing bus rapid transit system. \n‘‘(6) P\nROGRAM OF INTERRELATED PROJECTS .— \nThe term ‘program of interrelated projects’ means the simultaneous development of— \n‘‘(A) 2 or more new fixed guideway capital \nprojects or core capacity improvement projects; or \n‘‘(B) 1 or more new fixed guideway capital \nprojects and 1 or more core capacity improve-ment projects. \n‘‘(7) S\nMALL START PROJECT .—The term ‘small \nstart project’ means a new fixed guideway cap-ital project or corridor-based bus rapid transit project for which— \n‘‘(A) the Federal assistance provided or to be \nprovided under this section is less than $75,000,000; and \n‘‘(B) the total estimated net capital cost is less \nthan $250,000,000. \n‘‘(b) G\nENERAL AUTHORITY .—The Secretary \nmay make grants under this section to State and local governmental authorities to assist in fi-nancing— \n‘‘(1) new fixed guideway capital projects or \nsmall start projects, including the acquisition of real property, the initial acquisition of rolling stock for the system, the acquisition of rights-of- way, and relocation, for fixed guideway corridor development for projects in the advanced stages of project development or engineering; and \n‘‘(2) core capacity improvement projects, in-\ncluding the acquisition of real property, the ac-quisition of rights-of-way, double tracking, sig-nalization improvements, electrification, ex-panding system platforms, acquisition of rolling stock associated with corridor improvements in-creasing capacity, construction of infill stations, and such other capacity improvement projects as the Secretary determines are appropriate to increase the capacity of an existing fixed guide-way system corridor by at least 10 percent. Core capacity improvement projects do not include elements to improve general station facilities or parking, or acquisition of rolling stock alone. \n‘‘(c) G\nRANT REQUIREMENTS .— \n‘‘(1) I N GENERAL .—The Secretary may make a \ngrant under this section for new fixed guideway capital projects, small start projects, or core ca-pacity improvement projects, if the Secretary de-termines that— \n‘‘(A) the project is part of an approved trans-\nportation plan required under sections 5303 and 5304; and \n‘‘(B) the applicant has, or will have— ‘‘(i) the legal, financial, and technical capac-\nity to carry out the project, including the safety and security aspects of the project; \n‘‘(ii) satisfactory continuing control over the \nuse of the equipment or facilities; and ‘‘(iii) the technical and financial capacity to \nmaintain new and existing equipment and facili-ties. \n‘‘(2) C\nERTIFICATION .—An applicant that has \nsubmitted the certifications required under sub-paragraphs (A), (B), (C), and (H) of section 5307(c)(1) shall be deemed to have provided suf-ficient information upon which the Secretary may make the determinations required under this subsection. \n‘‘(3) T\nECHNICAL CAPACITY .—The Secretary \nshall use an expedited technical capacity review process for applicants that have recently and successfully completed at least 1 new fixed guideway capital project, or core capacity im-provement project, if— \n‘‘(A) the applicant achieved budget, cost, and \nridership outcomes for the project that are con-sistent with or better than projections; and \n‘‘(B) the applicant demonstrates that the ap-\nplicant continues to have the staff expertise and other resources necessary to implement a new project. \n‘‘(4) R\nECIPIENT REQUIREMENTS .—A recipient of \na grant awarded under this section shall be sub-ject to all terms, conditions, requirements, and provisions that the Secretary determines to be necessary or appropriate for purposes of this section. \n‘‘(d) N\nEWFIXED GUIDEWAY GRANTS .— \n‘‘(1) P ROJECT DEVELOPMENT PHASE .— \n‘‘(A) E NTRANCE INTO PROJECT DEVELOPMENT \nPHASE .—A new fixed guideway capital project \nshall enter into the project development phase when— \n‘‘(i) the applicant— ‘‘(I) submits a letter to the Secretary describ-\ning the project and requesting entry into the project development phase; and \n‘‘(II) initiates activities required to be carried \nout under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to the project; and \n‘‘(ii) the Secretary— ‘‘(I) responds in writing to the applicant with-\nin 45 days whether the information provided is sufficient to enter into the project development phase, including, when necessary, a detailed de-scription of any information deemed insuffi-cient; and \n‘‘(II) provides concurrent notice to the Com-\nmittee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Transpor-tation and Infrastructure of the House of Rep-resentatives of whether the new fixed guideway capital project is entering the project develop-ment phase. \n‘‘(B) A\nCTIVITIES DURING PROJECT DEVELOP -\nMENT PHASE .—Concurrent with the analysis re-\nquired to be made under the National Environ-mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), each applicant shall develop sufficient in-formation to enable the Secretary to make find-ings of project justification, policies and land use patterns that promote public transportation, and local financial commitment under this sub-section. \n‘‘(C) C\nOMPLETION OF PROJECT DEVELOPMENT \nACTIVITIES REQUIRED .— \n‘‘(i) I N GENERAL .—Not later than 2 years after \nthe date on which a project enters into the project development phase, the applicant shall complete the activities required to obtain a project rating under subsection (g)(2) and sub-mit completed documentation to the Secretary. \n‘‘(ii) E\nXTENSION OF TIME .—Upon the request \nof an applicant, the Secretary may extend the time period under clause (i), if the applicant submits to the Secretary— \n‘‘(I) a reasonable plan for completing the ac-\ntivities required under this paragraph; and \n‘‘(II) an estimated time period within which \nthe applicant will complete such activities. \n‘‘(2) E\nNGINEERING PHASE .— \n‘‘(A) I N GENERAL .—A new fixed guideway cap-\nital project may advance to the engineering phase upon completion of activities required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), as demonstrated by \na record of decision with respect to the project, a finding that the project has no significant im-pact, or a determination that the project is cat-egorically excluded, only if the Secretary deter-mines that the project— \n‘‘(i) is selected as the locally preferred alter-\nnative at the completion of the process required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); \n‘‘(ii) is adopted into the metropolitan trans-\nportation plan required under section 5303; \n‘‘(iii) is justified based on a comprehensive re-\nview of the project’s mobility improvements, the project’s environmental benefits, congestion re-lief associated with the project, economic devel-opment effects associated with the project, poli-cies and land use patterns of the project that support public transportation, and the project’s cost-effectiveness as measured by cost per rider; \n‘‘(iv) is supported by policies and land use \npatterns that promote public transportation, in-cluding plans for future land use and rezoning, and economic development around public trans-portation stations; and \n‘‘(v) is supported by an acceptable degree of \nlocal financial commitment (including evidence of stable and dependable financing sources), as required under subsection (f). \n‘‘(B) D\nETERMINATION THAT PROJECT IS JUSTI -\nFIED.—In making a determination under sub-\nparagraph (A)(iii), the Secretary shall evaluate, analyze, and consider— \n‘‘(i) the reliability of the forecasting methods \nused to estimate costs and utilization made by the recipient and the contractors to the recipi-ent; and \n‘‘(ii) population density and current public \ntransportation ridership in the transportation corridor. \n‘‘(e) C\nORE CAPACITY IMPROVEMENT \nPROJECTS .— \n‘‘(1) P ROJECT DEVELOPMENT PHASE .— \n‘‘(A) E NTRANCE INTO PROJECT DEVELOPMENT \nPHASE .—A core capacity improvement project \nshall be deemed to have entered into the project development phase if— \n‘‘(i) the applicant— ‘‘(I) submits a letter to the Secretary describ-\ning the project and requesting entry into the project development phase; and \n‘‘(II) initiates activities required to be carried \nout under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to the project; and \n‘‘(ii) the Secretary— ‘‘(I) responds in writing to the applicant with-\nin 45 days whether the information provided is sufficient to enter into the project development phase, including when necessary a detailed de-scription of any information deemed insuffi-cient; and \n‘‘(II) provides concurrent notice to the Com-\nmittee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Transpor-tation and Infrastructure of the House of Rep-resentatives of whether the core capacity im-provement project is entering the project devel-opment phase. \n‘‘(B) A\nCTIVITIES DURING PROJECT DEVELOP -\nMENT PHASE .—Concurrent with the analysis re-\nquired to be made under the National Environ-mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), each applicant shall develop sufficient in-formation to enable the Secretary to make find-ings of project justification and local financial commitment under this subsection. \n‘‘(C) C\nOMPLETION OF PROJECT DEVELOPMENT \nACTIVITIES REQUIRED .— \n‘‘(i) I N GENERAL .—Not later than 2 years after \nthe date on which a project enters into the project development phase, the applicant shall complete the activities required to obtain a project rating under subsection (g)(2) and sub-mit completed documentation to the Secretary. \n‘‘(ii) E\nXTENSION OF TIME .—Upon the request \nof an applicant, the Secretary may extend the time period under clause (i), if the applicant submits to the Secretary— \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00339 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4498 June 28, 2012 \n‘‘(I) a reasonable plan for completing the ac-\ntivities required under this paragraph; and \n‘‘(II) an estimated time period within which \nthe applicant will complete such activities. \n‘‘(2) E NGINEERING PHASE .— \n‘‘(A) I N GENERAL .—A core capacity improve-\nment project may advance into the engineering phase upon completion of activities required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), as demonstrated by a record of decision with respect to the project, a finding that the project has no significant im-pact, or a determination that the project is cat-egorically excluded, only if the Secretary deter-mines that the project— \n‘‘(i) is selected as the locally preferred alter-\nnative at the completion of the process required under the National Environmental Policy Act of 1969; \n‘‘(ii) is adopted into the metropolitan trans-\nportation plan required under section 5303; \n‘‘(iii) is in a corridor that is— ‘‘(I) at or over capacity; or ‘‘(II) projected to be at or over capacity within \nthe next 5 years; \n‘‘(iv) is justified based on a comprehensive re-\nview of the project’s mobility improvements, the project’s environmental benefits, congestion re-lief associated with the project, economic devel-opment effects associated with the project, the capacity needs of the corridor, and the project’s cost-effectiveness as measured by cost per rider; and \n‘‘(v) is supported by an acceptable degree of \nlocal financial commitment (including evidence of stable and dependable financing sources), as required under subsection (f). \n‘‘(B) D\nETERMINATION THAT PROJECT IS JUSTI -\nFIED.—In making a determination under sub-\nparagraph (A)(iv), the Secretary shall evaluate, analyze, and consider— \n‘‘(i) the reliability of the forecasting methods \nused to estimate costs and utilization made by the recipient and the contractors to the recipi-ent; \n‘‘(ii) whether the project will increase capac-\nity at least 10 percent in a corridor; \n‘‘(iii) whether the project will improve \ninterconnectivity among existing systems; and \n‘‘(iv) whether the project will improve envi-\nronmental outcomes. \n‘‘(f) F\nINANCING SOURCES .— \n‘‘(1) R EQUIREMENTS .—In determining whether \na project is supported by an acceptable degree of local financial commitment and shows evidence of stable and dependable financing sources for purposes of subsection (d)(2)(A)(v) or (e)(2)(A)(v), the Secretary shall require that— \n‘‘(A) the proposed project plan provides for \nthe availability of contingency amounts that the Secretary determines to be reasonable to cover unanticipated cost increases or funding short-falls; \n‘‘(B) each proposed local source of capital and \noperating financing is stable, reliable, and available within the proposed project timetable; and \n‘‘(C) local resources are available to recapi-\ntalize, maintain, and operate the overall exist-ing and proposed public transportation system, including essential feeder bus and other services necessary to achieve the projected ridership lev-els without requiring a reduction in existing public transportation services or level of service to operate the project. \n‘‘(2) C\nONSIDERATIONS .—In assessing the sta-\nbility, reliability, and availability of proposed sources of local financing for purposes of sub-section (d)(2)(A)(v) or (e)(2)(A)(v), the Secretary shall consider— \n‘‘(A) the reliability of the forecasting methods \nused to estimate costs and revenues made by the recipient and the contractors to the recipient; \n‘‘(B) existing grant commitments; ‘‘(C) the degree to which financing sources \nare dedicated to the proposed purposes; \n‘‘(D) any debt obligation that exists, or is pro-\nposed by the recipient, for the proposed project or other public transportation purpose; ‘‘(E) the extent to which the project has a \nlocal financial commitment that exceeds the re-quired non-Government share of the cost of the project; and \n‘‘(F) private contributions to the project, in-\ncluding cost-effective project delivery, manage-ment or transfer of project risks, expedited project schedule, financial partnering, and other public-private partnership strategies. \n‘‘(g) P\nROJECT ADVANCEMENT AND RATINGS .— \n‘‘(1) P ROJECT ADVANCEMENT .—A new fixed \nguideway capital project or core capacity im-provement project proposed to be carried out using a grant under this section may not ad-vance from the project development phase to the engineering phase, or from the engineering phase to the construction phase, unless the Sec-retary determines that— \n‘‘(A) the project meets the applicable require-\nments under this section; and \n‘‘(B) there is a reasonable likelihood that the \nproject will continue to meet the requirements under this section. \n‘‘(2) R\nATINGS .— \n‘‘(A) O VERALL RATING .—In making a deter-\nmination under paragraph (1), the Secretary shall evaluate and rate a project as a whole on a 5-point scale (high, medium-high, medium, me-dium-low, or low) based on— \n‘‘(i) in the case of a new fixed guideway cap-\nital project, the project justification criteria under subsection (d)(2)(A)(iii), the policies and land use patterns that support public transpor-tation, and the degree of local financial commit-ment; and \n‘‘(ii) in the case of a core capacity improve-\nment project, the capacity needs of the corridor, the project justification criteria under sub-section (e)(2)(A)(iv), and the degree of local fi-nancial commitment. \n‘‘(B) I\nNDIVIDUAL RATINGS FOR EACH CRI -\nTERION .—In rating a project under this para-\ngraph, the Secretary shall— \n‘‘(i) provide, in addition to the overall project \nrating under subparagraph (A), individual rat-ings for each of the criteria established under subsection (d)(2)(A)(iii) or (e)(2)(A)(iv), as appli-cable; and \n‘‘(ii) give comparable, but not necessarily \nequal, numerical weight to each of the criteria established under subsections (d)(2)(A)(iii) or (e)(2)(A)(iv), as applicable, in calculating the overall project rating under clause (i). \n‘‘(C) M\nEDIUM RATING NOT REQUIRED .—The \nSecretary shall not require that any single project justification criterion meet or exceed a ‘medium’ rating in order to advance the project from one phase to another. \n‘‘(3) W\nARRANTS .—The Secretary shall, to the \nmaximum extent practicable, develop and use special warrants for making a project justifica-tion determination under subsection (d)(2) or (e)(2), as applicable, for a project proposed to be funded using a grant under this section, if— \n‘‘(A) the share of the cost of the project to be \nprovided under this section does not exceed— \n‘‘(i) $100,000,000; or ‘‘(ii) 50 percent of the total cost of the project; ‘‘(B) the applicant requests the use of the \nwarrants; \n‘‘(C) the applicant certifies that its existing \npublic transportation system is in a state of good repair; and \n‘‘(D) the applicant meets any other require-\nments that the Secretary considers appropriate to carry out this subsection. \n‘‘(4) L\nETTERS OF INTENT AND EARLY SYSTEMS \nWORK AGREEMENTS .—In order to expedite a \nproject under this subsection, the Secretary shall, to the maximum extent practicable, issue letters of intent and enter into early systems work agreements upon issuance of a record of decision for projects that receive an overall project rating of medium or better. \n‘‘(5) P\nOLICY GUIDANCE .—The Secretary shall \nissue policy guidance regarding the review and evaluation process and criteria— \n‘‘(A) not later than 180 days after the date of \nenactment of the Federal Public Transportation Act of 2012; and ‘‘(B) each time the Secretary makes signifi-\ncant changes to the process and criteria, but not less frequently than once every 2 years. \n‘‘(6) R\nULES.—Not later than 1 year after the \ndate of enactment of the Federal Public Trans-portation Act of 2012, the Secretary shall issue rules establishing an evaluation and rating process for— \n‘‘(A) new fixed guideway capital projects that \nis based on the results of project justification, policies and land use patterns that promote pub-lic transportation, and local financial commit-ment, as required under this subsection; and \n‘‘(B) core capacity improvement projects that \nis based on the results of the capacity needs of the corridor, project justification, and local fi-nancial commitment. \n‘‘(7) A\nPPLICABILITY .—This subsection shall \nnot apply to a project for which the Secretary issued a letter of intent, entered into a full funding grant agreement, or entered into a project construction agreement before the date of enactment of the Federal Public Transpor-tation Act of 2012. \n‘‘(h) S\nMALL START PROJECTS .— \n‘‘(1) I N GENERAL .—A small start project shall \nbe subject to the requirements of this subsection. \n‘‘(2) P ROJECT DEVELOPMENT PHASE .— \n‘‘(A) E NTRANCE INTO PROJECT DEVELOPMENT \nPHASE .—A new small starts project shall enter \ninto the project development phase when— \n‘‘(i) the applicant— ‘‘(I) submits a letter to the Secretary describ-\ning the project and requesting entry into the project development phase; and \n‘‘(II) initiates activities required to be carried \nout under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to the project; and \n‘‘(ii) the Secretary— ‘‘(I) responds in writing to the applicant with-\nin 45 days whether the information provided is sufficient to enter into the project development phase, including, when necessary, a detailed de-scription of any information deemed insuffi-cient; and \n‘‘(II) provides concurrent notice to the Com-\nmittee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Transpor-tation and Infrastructure of the House of Rep-resentatives of whether the small starts project is entering the project development phase. \n‘‘(B) A\nCTIVITIES DURING PROJECT DEVELOP -\nMENT PHASE .—Concurrent with the analysis re-\nquired to be made under the National Environ-mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), each applicant shall develop sufficient in-formation to enable the Secretary to make find-ings of project justification, policies and land use patterns that promote public transportation, and local financial commitment under this sub-section. \n‘‘(3) S\nELECTION CRITERIA .—The Secretary may \nprovide Federal assistance for a small start project under this subsection only if the Sec-retary determines that the project— \n‘‘(A) has been adopted as the locally preferred \nalternative as part of the metropolitan transpor-tation plan required under section 5303; \n‘‘(B) is based on the results of an analysis of \nthe benefits of the project as set forth in para-graph (4); and \n‘‘(C) is supported by an acceptable degree of \nlocal financial commitment. \n‘‘(4) E\nVALUATION OF BENEFITS AND FEDERAL \nINVESTMENT .—In making a determination for a \nsmall start project under paragraph (3)(B), the Secretary shall analyze, evaluate, and consider the following evaluation criteria for the project (as compared to a no-action alternative): mobil-ity improvements, environmental benefits, con-gestion relief, economic development effects as-sociated with the project, policies and land use patterns that support public transportation and cost-effectiveness as measured by cost per rider. \n‘‘(5) E\nVALUATION OF LOCAL FINANCIAL COM -\nMITMENT .—For purposes of paragraph (3)(C), \nthe Secretary shall require that each proposed \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00340 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4499 June 28, 2012 \nlocal source of capital and operating financing \nis stable, reliable, and available within the pro-posed project timetable. \n‘‘(6) R\nATINGS .—In carrying out paragraphs (4) \nand (5) for a small start project, the Secretary shall evaluate and rate the project on a 5-point scale (high, medium-high, medium, medium-low, or low) based on an evaluation of the benefits of the project as compared to the Federal assist-ance to be provided and the degree of local fi-nancial commitment, as required under this sub-section. In rating the projects, the Secretary shall provide, in addition to the overall project rating, individual ratings for each of the criteria established by this subsection and shall give comparable, but not necessarily equal, numer-ical weight to the benefits that the project will bring to the community in calculating the over-all project rating. \n‘‘(7) G\nRANTS AND EXPEDITED GRANT AGREE -\nMENTS .— \n‘‘(A) I N GENERAL .—The Secretary, to the max-\nimum extent practicable, shall provide Federal assistance under this subsection in a single grant. If the Secretary cannot provide such a single grant, the Secretary may execute an expe-dited grant agreement in order to include a com-mitment on the part of the Secretary to provide funding for the project in future fiscal years. \n‘‘(B) T\nERMS OF EXPEDITED GRANT AGREE -\nMENTS .—In executing an expedited grant agree-\nment under this subsection, the Secretary may include in the agreement terms similar to those established under subsection (k)(2). \n‘‘(C) N\nOTICE OF PROPOSED GRANTS AND EXPE -\nDITED GRANT AGREEMENTS .—At least 10 days be-\nfore making a grant award or entering into a grant agreement for a project under this sub-section, the Secretary shall notify, in writing, the Committee on Transportation and Infra-structure and the Committee on Appropriations of the House of Representatives and the Com-mittee on Banking, Housing, and Urban Affairs and the Committee on Appropriations of the Senate of the proposed grant or expedited grant agreement, as well as the evaluations and rat-ings for the project. \n‘‘(i) P\nROGRAMS OF INTERRELATED PROJECTS .— \n‘‘(1) P ROJECT DEVELOPMENT PHASE .—A feder-\nally funded project in a program of interrelated projects shall advance through project develop-ment as provided in subsection (d) or (e), as ap-plicable. \n‘‘(2) E\nNGINEERING PHASE .—A federally funded \nproject in a program of interrelated projects may advance into the engineering phase upon com-pletion of activities required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), as demonstrated by a record of decision with respect to the project, a finding that the project has no significant impact, or a deter-mination that the project is categorically ex-cluded, only if the Secretary determines that— \n‘‘(A) the project is selected as the locally pre-\nferred alternative at the completion of the proc-ess required under the National Environmental Policy Act of 1969; \n‘‘(B) the project is adopted into the metropoli-\ntan transportation plan required under section 5303; \n‘‘(C) the program of interrelated projects in-\nvolves projects that have a logical connectivity to one another; \n‘‘(D) the program of interrelated projects, \nwhen evaluated as a whole, meets the require-ments of subsection (d)(2) or (e)(2), as applica-ble; \n‘‘(E) the program of interrelated projects is \nsupported by a program implementation plan demonstrating that construction will begin on each of the projects in the program of inter-related projects within a reasonable time frame; and \n‘‘(F) the program of interrelated projects is \nsupported by an acceptable degree of local fi-nancial commitment, as described in subsection (f). \n‘‘(3) P\nROJECT ADVANCEMENT AND RATINGS .— ‘‘(A) P ROJECT ADVANCEMENT .—A project re-\nceiving a grant under this section that is part of a program of interrelated projects may not ad-vance from the project development phase to the engineering phase, or from the engineering phase to the construction phase, unless the Sec-retary determines that the program of inter-related projects meets the applicable require-ments of this section and there is a reasonable likelihood that the program will continue to meet such requirements. \n‘‘(B) R\nATINGS .— \n‘‘(i) O VERALL RATING .—In making a deter-\nmination under subparagraph (A), the Secretary shall evaluate and rate a program of inter-related projects on a 5-point scale (high, me-dium-high, medium, medium-low, or low) based on the criteria described in paragraph (2). \n‘‘(ii) I\nNDIVIDUAL RATING FOR EACH CRI -\nTERION .—In rating a program of interrelated \nprojects, the Secretary shall provide, in addition to the overall program rating, individual ratings for each of the criteria described in paragraph (2) and shall give comparable, but not nec-essarily equal, numerical weight to each such criterion in calculating the overall program rat-ing. \n‘‘(iii) M\nEDIUM RATING NOT REQUIRED .—The \nSecretary shall not require that any single cri-terion described in paragraph (2) meet or exceed a ‘medium’ rating in order to advance the pro-gram of interrelated projects from one phase to another. \n‘‘(4) A\nNNUAL REVIEW .— \n‘‘(A) R EVIEW REQUIRED .—The Secretary shall \nannually review the program implementation plan required under paragraph (2)(E) to deter-mine whether the program of interrelated projects is adhering to its schedule. \n‘‘(B) E\nXTENSION OF TIME .—If a program of \ninterrelated projects is not adhering to its sched-ule, the Secretary may, upon the request of the applicant, grant an extension of time if the ap-plicant submits a reasonable plan that in-cludes— \n‘‘(i) evidence of continued adequate funding; \nand \n‘‘(ii) an estimated time frame for completing \nthe program of interrelated projects. \n‘‘(C) S\nATISFACTORY PROGRESS REQUIRED .—If \nthe Secretary determines that a program of interrelated projects is not making satisfactory progress, no Federal funds shall be provided for a project within the program of interrelated projects. \n‘‘(5) F\nAILURE TO CARRY OUT PROGRAM OF \nINTERRELATED PROJECTS .— \n‘‘(A) R EPAYMENT REQUIRED .—If an applicant \ndoes not carry out the program of interrelated projects within a reasonable time, for reasons within the control of the applicant, the appli-cant shall repay all Federal funds provided for the program, and any reasonable interest and penalty charges that the Secretary may estab-lish. \n‘‘(B) C\nREDITING OF FUNDS RECEIVED .—Any \nfunds received by the Government under this paragraph, other than interest and penalty charges, shall be credited to the appropriation account from which the funds were originally derived. \n‘‘(6) N\nON-FEDERAL FUNDS .—Any non-Federal \nfunds committed to a project in a program of interrelated projects may be used to meet a non- Government share requirement for any other project in the program of interrelated projects, if the Government share of the cost of each project within the program of interrelated projects does not exceed 80 percent. \n‘‘(7) P\nRIORITY .—In making grants under this \nsection, the Secretary may give priority to pro-grams of interrelated projects for which the non- Government share of the cost of the projects in-cluded in the programs of interrelated projects exceeds the non-Government share required under subsection (l). \n‘‘(8) N\nON-GOVERNMENT PROJECTS .—Including \na project not financed by the Government in a program of interrelated projects does not impose \nGovernment requirements that would not other-wise apply to the project. \n‘‘(j) P\nREVIOUSLY ISSUED LETTER OF INTENT OR \nFULLFUNDING GRANT AGREEMENT .—Subsections \n(d) and (e) shall not apply to projects for which the Secretary has issued a letter of intent, ap-proved entry into final design, entered into a full funding grant agreement, or entered into a project construction grant agreement before the date of enactment of the Federal Public Trans-portation Act of 2012. \n‘‘(k) L\nETTERS OF INTENT , FULL FUNDING \nGRANT AGREEMENTS , ANDEARLY SYSTEMS WORK \nAGREEMENTS .— \n‘‘(1) L ETTERS OF INTENT .— \n‘‘(A) A MOUNTS INTENDED TO BE OBLIGATED .— \nThe Secretary may issue a letter of intent to an applicant announcing an intention to obligate, for a new fixed guideway capital project or core capacity improvement project, an amount from future available budget authority specified in law that is not more than the amount stipulated as the financial participation of the Secretary in the project. When a letter is issued for a capital project under this section, the amount shall be sufficient to complete at least an operable seg-ment. \n‘‘(B) T\nREATMENT .—The issuance of a letter \nunder subparagraph (A) is deemed not to be an obligation under sections 1108(c), 1501, and 1502(a) of title 31 or an administrative commit-ment. \n‘‘(2) F\nULL FUNDING GRANT AGREEMENTS .— \n‘‘(A) I N GENERAL .—A new fixed guideway cap-\nital project or core capacity improvement project shall be carried out through a full funding grant agreement. \n‘‘(B) C\nRITERIA .—The Secretary shall enter \ninto a full funding grant agreement, based on the evaluations and ratings required under sub-section (d), (e), or (i), as applicable, with each grantee receiving assistance for a new fixed guideway capital project or core capacity im-provement project that has been rated as high, medium-high, or medium, in accordance with subsection (g)(2)(A) or (i)(3)(B), as applicable. \n‘‘(C) T\nERMS .—A full funding grant agreement \nshall— \n‘‘(i) establish the terms of participation by the \nGovernment in a new fixed guideway capital project or core capacity improvement project; \n‘‘(ii) establish the maximum amount of Fed-\neral financial assistance for the project; \n‘‘(iii) include the period of time for completing \nthe project, even if that period extends beyond the period of an authorization; and \n‘‘(iv) make timely and efficient management of \nthe project easier according to the law of the United States. \n‘‘(D) S\nPECIAL FINANCIAL RULES .— \n‘‘(i) I N GENERAL .—A full funding grant agree-\nment under this paragraph obligates an amount of available budget authority specified in law and may include a commitment, contingent on amounts to be specified in law in advance for commitments under this paragraph, to obligate an additional amount from future available budget authority specified in law. \n‘‘(ii) S\nTATEMENT OF CONTINGENT COMMIT -\nMENT .—The agreement shall state that the con-\ntingent commitment is not an obligation of the Government. \n‘‘(iii) I\nNTEREST AND OTHER FINANCING COSTS .— \nInterest and other financing costs of efficiently carrying out a part of the project within a rea-sonable time are a cost of carrying out the project under a full funding grant agreement, except that eligible costs may not be more than the cost of the most favorable financing terms reasonably available for the project at the time of borrowing. The applicant shall certify, in a way satisfactory to the Secretary, that the ap-plicant has shown reasonable diligence in seek-ing the most favorable financing terms. \n‘‘(iv) C\nOMPLETION OF OPERABLE SEGMENT .— \nThe amount stipulated in an agreement under this paragraph for a new fixed guideway capital \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00341 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4500 June 28, 2012 \nproject shall be sufficient to complete at least an \noperable segment. \n‘‘(E) B EFORE AND AFTER STUDY .— \n‘‘(i) I N GENERAL .—A full funding grant agree-\nment under this paragraph shall require the ap-plicant to conduct a study that— \n‘‘(I) describes and analyzes the impacts of the \nnew fixed guideway capital project or core ca-pacity improvement project on public transpor-tation services and public transportation rider-ship; \n‘‘(II) evaluates the consistency of predicted \nand actual project characteristics and perform-ance; and \n‘‘(III) identifies reasons for differences be-\ntween predicted and actual outcomes. \n‘‘(ii) I\nNFORMATION COLLECTION AND ANALYSIS \nPLAN.— \n‘‘(I) S UBMISSION OF PLAN .—Applicants seeking \na full funding grant agreement under this para-graph shall submit a complete plan for the col-lection and analysis of information to identify the impacts of the new fixed guideway capital project or core capacity improvement project and the accuracy of the forecasts prepared dur-ing the development of the project. Preparation of this plan shall be included in the full funding grant agreement as an eligible activity. \n‘‘(II) C\nONTENTS OF PLAN .—The plan submitted \nunder subclause (I) shall provide for— \n‘‘(aa) collection of data on the current public \ntransportation system regarding public trans-portation service levels and ridership patterns, including origins and destinations, access modes, trip purposes, and rider characteristics; \n‘‘(bb) documentation of the predicted scope, \nservice levels, capital costs, operating costs, and ridership of the project; \n‘‘(cc) collection of data on the public trans-\nportation system 2 years after the opening of a new fixed guideway capital project or core ca-pacity improvement project, including analo-gous information on public transportation serv-ice levels and ridership patterns and informa-tion on the as-built scope, capital, and financ-ing costs of the project; and \n‘‘(dd) analysis of the consistency of predicted \nproject characteristics with actual outcomes. \n‘‘(F) C\nOLLECTION OF DATA ON CURRENT SYS -\nTEM.—To be eligible for a full funding grant \nagreement under this paragraph, recipients shall have collected data on the current system, according to the plan required under subpara-graph (E)(ii), before the beginning of construc-tion of the proposed new fixed guideway capital project or core capacity improvement project. Collection of this data shall be included in the full funding grant agreement as an eligible ac-tivity. \n‘‘(3) E\nARLY SYSTEMS WORK AGREEMENTS .— \n‘‘(A) C ONDITIONS .—The Secretary may enter \ninto an early systems work agreement with an applicant if a record of decision under the Na-tional Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) has been issued on the project and the Secretary finds there is reason to believe— \n‘‘(i) a full funding grant agreement for the \nproject will be made; and \n‘‘(ii) the terms of the work agreement will pro-\nmote ultimate completion of the project more rapidly and at less cost. \n‘‘(B) C\nONTENTS .— \n‘‘(i) I N GENERAL .—An early systems work \nagreement under this paragraph obligates budg-et authority available under this chapter and title 23 and shall provide for reimbursement of preliminary costs of carrying out the project, in-cluding land acquisition, timely procurement of system elements for which specifications are de-cided, and other activities the Secretary decides are appropriate to make efficient, long-term project management easier. \n‘‘(ii) C\nONTINGENT COMMITMENT .—An early \nsystems work agreement may include a commit-ment, contingent on amounts to be specified in law in advance for commitments under this paragraph, to obligate an additional amount from future available budget authority specified \nin law. \n‘‘(iii) P\nERIOD COVERED .—An early systems \nwork agreement under this paragraph shall cover the period of time the Secretary considers appropriate. The period may extend beyond the period of current authorization. \n‘‘(iv) I\nNTEREST AND OTHER FINANCING COSTS .— \nInterest and other financing costs of efficiently carrying out the early systems work agreement within a reasonable time are a cost of carrying out the agreement, except that eligible costs may not be more than the cost of the most favorable financing terms reasonably available for the project at the time of borrowing. The applicant shall certify, in a way satisfactory to the Sec-retary, that the applicant has shown reasonable diligence in seeking the most favorable financ-ing terms. \n‘‘(v) F\nAILURE TO CARRY OUT PROJECT .—If an \napplicant does not carry out the project for rea-sons within the control of the applicant, the ap-plicant shall repay all Federal grant funds awarded for the project from all Federal fund-ing sources, for all project activities, facilities, and equipment, plus reasonable interest and penalty charges allowable by law or established by the Secretary in the early systems work agreement. \n‘‘(vi) C\nREDITING OF FUNDS RECEIVED .—Any \nfunds received by the Government under this paragraph, other than interest and penalty charges, shall be credited to the appropriation account from which the funds were originally derived. \n‘‘(4) L\nIMITATION ON AMOUNTS .— \n‘‘(A) I N GENERAL .—The Secretary may enter \ninto full funding grant agreements under this subsection for new fixed guideway capital projects and core capacity improvement projects that contain contingent commitments to incur obligations in such amounts as the Secretary de-termines are appropriate. \n‘‘(B) A\nPPROPRIATION REQUIRED .—An obliga-\ntion may be made under this subsection only when amounts are appropriated for the obliga-tion. \n‘‘(5) N\nOTIFICATION TO CONGRESS .—At least 30 \ndays before issuing a letter of intent, entering into a full funding grant agreement, or entering into an early systems work agreement under this section, the Secretary shall notify, in writing, the Committee on Banking, Housing, and Urban Affairs and the Committee on Appropriations of the Senate and the Committee on Transpor-tation and Infrastructure and the Committee on Appropriations of the House of Representatives of the proposed letter or agreement. The Sec-retary shall include with the notification a copy of the proposed letter or agreement as well as the evaluations and ratings for the project. \n‘‘(l) G\nOVERNMENT SHARE OF NETCAPITAL \nPROJECT COST.— \n‘‘(1) I N GENERAL .—Based on engineering stud-\nies, studies of economic feasibility, and informa-tion on the expected use of equipment or facili-ties, the Secretary shall estimate the net capital project cost. A grant for a fixed guideway project or small start project shall not exceed 80 percent of the net capital project cost. A grant for a core capacity project shall not exceed 80 percent of the net capital project cost of the in-cremental cost of increasing the capacity in the corridor. \n‘‘(2) A\nDJUSTMENT FOR COMPLETION UNDER \nBUDGET .—The Secretary may adjust the final \nnet capital project cost of a new fixed guideway capital project or core capacity improvement project evaluated under subsection (d), (e), or (i) to include the cost of eligible activities not in-cluded in the originally defined project if the Secretary determines that the originally defined project has been completed at a cost that is sig-nificantly below the original estimate. \n‘‘(3) M\nAXIMUM GOVERNMENT SHARE .—The Sec-\nretary may provide a higher grant percentage than requested by the grant recipient if— \n‘‘(A) the Secretary determines that the net \ncapital project cost of the project is not more than 10 percent higher than the net capital \nproject cost estimated at the time the project was approved for advancement into the engineering phase; and \n‘‘(B) the ridership estimated for the project is \nnot less than 90 percent of the ridership esti-mated for the project at the time the project was approved for advancement into the engineering phase. \n‘‘(4) R\nEMAINDER OF NET CAPITAL PROJECT \nCOST.—The remainder of the net capital project \ncost shall be provided from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital. \n‘‘(5) L\nIMITATION ON STATUTORY CONSTRUC -\nTION.—Nothing in this section shall be con-\nstrued as authorizing the Secretary to require a non-Federal financial commitment for a project that is more than 20 percent of the net capital project cost. \n‘‘(6) S\nPECIAL RULE FOR ROLLING STOCK \nCOSTS .—In addition to amounts allowed pursu-\nant to paragraph (1), a planned extension to a fixed guideway system may include the cost of rolling stock previously purchased if the appli-cant satisfies the Secretary that only amounts other than amounts provided by the Government were used and that the purchase was made for use on the extension. A refund or reduction of the remainder may be made only if a refund of a proportional amount of the grant of the Gov-ernment is made at the same time. \n‘‘(7) L\nIMITATION ON APPLICABILITY .—This sub-\nsection shall not apply to projects for which the Secretary entered into a full funding grant agreement before the date of enactment of the Federal Public Transportation Act of 2012. \n‘‘(8) S\nPECIAL RULE FOR FIXED GUIDEWAY BUS \nRAPID TRANSIT PROJECTS .—For up to three fixed- \nguideway bus rapid transit projects each fiscal year the Secretary shall— \n‘‘(A) establish a Government share of at least \n80 percent; and \n‘‘(B) not lower the project’s rating for degree \nof local financial commitment for purposes of subsections (d)(2)(A)(v) or (h)(3)(C) as a result of the Government share specified in this para-graph. \n‘‘(m) U\nNDERTAKING PROJECTS IN ADVANCE .— \n‘‘(1) I N GENERAL .—The Secretary may pay the \nGovernment share of the net capital project cost to a State or local governmental authority that carries out any part of a project described in this section without the aid of amounts of the Government and according to all applicable pro-cedures and requirements if— \n‘‘(A) the State or local governmental authority \napplies for the payment; \n‘‘(B) the Secretary approves the payment; and ‘‘(C) before the State or local governmental \nauthority carries out the part of the project, the Secretary approves the plans and specifications for the part in the same way as other projects under this section. \n‘‘(2) F\nINANCING COSTS .— \n‘‘(A) I N GENERAL .—The cost of carrying out \npart of a project includes the amount of interest earned and payable on bonds issued by the State or local governmental authority to the ex-tent proceeds of the bonds are expended in car-rying out the part. \n‘‘(B) L\nIMITATION ON AMOUNT OF INTEREST .— \nThe amount of interest under this paragraph may not be more than the most favorable inter-est terms reasonably available for the project at the time of borrowing. \n‘‘(C) C\nERTIFICATION .—The applicant shall cer-\ntify, in a manner satisfactory to the Secretary, that the applicant has shown reasonable dili-gence in seeking the most favorable financing terms. \n‘‘(n) A\nVAILABILITY OF AMOUNTS .— \n‘‘(1) I N GENERAL .—An amount made available \nor appropriated for a new fixed guideway cap-ital project or core capacity improvement project shall remain available to that project for 5 fiscal years, including the fiscal year in which the amount is made available or appropriated. Any \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00342 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4501 June 28, 2012 \namounts that are unobligated to the project at \nthe end of the 5-fiscal-year period may be used by the Secretary for any purpose under this sec-tion. \n‘‘(2) U\nSE OF DEOBLIGATED AMOUNTS .—An \namount available under this section that is deobligated may be used for any purpose under this section. \n‘‘(o) R\nEPORTS ON NEWFIXED GUIDEWAY AND \nCORECAPACITY IMPROVEMENT PROJECTS .— \n‘‘(1) A NNUAL REPORT ON FUNDING REC -\nOMMENDATIONS .—Not later than the first Mon-\nday in February of each year, the Secretary shall submit to the Committee on Banking, Housing, and Urban Affairs and the Committee on Appropriations of the Senate and the Com-mittee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives a report that in-cludes— \n‘‘(A) a proposal of allocations of amounts to \nbe available to finance grants for projects under this section among applicants for these amounts; \n‘‘(B) evaluations and ratings, as required \nunder subsections (d), (e), and (i), for each such project that is in project development, engineer-ing, or has received a full funding grant agree-ment; and \n‘‘(C) recommendations of such projects for \nfunding based on the evaluations and ratings and on existing commitments and anticipated funding levels for the next 3 fiscal years based on information currently available to the Sec-retary. \n‘‘(2) R\nEPORTS ON BEFORE AND AFTER STUD -\nIES.—Not later than the first Monday in August \nof each year, the Secretary shall submit to the committees described in paragraph (1) a report containing a summary of the results of any studies conducted under subsection (k)(2)(E). \n‘‘(3) B\nIENNIAL GAO REVIEW .—The Comptroller \nGeneral of the United States shall— \n‘‘(A) conduct a biennial review of— ‘‘(i) the processes and procedures for evalu-\nating, rating, and recommending new fixed guideway capital projects and core capacity im-provement projects; and \n‘‘(ii) the Secretary’s implementation of such \nprocesses and procedures; and \n‘‘(B) report to Congress on the results of such \nreview by May 31 of each year.’’. \n(b) P\nILOT PROGRAM FOR EXPEDITED PROJECT \nDELIVERY .— \n(1) D EFINITIONS .—In this subsection the fol-\nlowing definitions shall apply: \n(A) E LIGIBLE PROJECT .—The term ‘‘eligible \nproject’’ means a new fixed guideway capital project or a core capacity improvement project, as those terms are defined in section 5309 of title 49, United States Code, as amended by this sec-tion, that has not entered into a full funding grant agreement with the Federal Transit Ad-ministration before the date of enactment of the Federal Public Transportation Act of 2012. \n(B) P\nROGRAM .—The term ‘‘program’’ means \nthe pilot program for expedited project delivery established under this subsection. \n(C) R\nECIPIENT .—The term ‘‘recipient’’ means a \nrecipient of funding under chapter 53 of title 49, United States Code. \n(D) S\nECRETARY .—The term ‘‘Secretary’’ means \nthe Secretary of Transportation. \n(2) E STABLISHMENT .—The Secretary shall es-\ntablish and implement a pilot program to dem-onstrate whether innovative project development and delivery methods or innovative financing arrangements can expedite project delivery for certain meritorious new fixed guideway capital projects and core capacity improvement projects. \n(3) L\nIMITATION ON NUMBER OF PROJECTS .—The \nSecretary shall select 3 eligible projects to par-ticipate in the program, of which— \n(A) at least 1 shall be an eligible project re-\nquesting more than $100,000,000 in Federal fi-nancial assistance under section 5309 of title 49, United States Code; and \n(B) at least 1 shall be an eligible project re-\nquesting less than $100,000,000 in Federal finan-cial assistance under section 5309 of title 49, \nUnited States Code. \n(4) G\nOVERNMENT SHARE .—The Government \nshare of the total cost of an eligible project that participates in the program may not exceed 50 percent. \n(5) E\nLIGIBILITY .—A recipient that desires to \nparticipate in the program shall submit to the Secretary an application that contains, at a minimum— \n(A) identification of an eligible project; (B) a schedule and finance plan for the con-\nstruction and operation of the eligible project; \n(C) an analysis of the efficiencies of the pro-\nposed project development and delivery methods or innovative financing arrangement for the eli-gible project; and \n(D) a certification that the recipient’s existing \npublic transportation system is in a state of good repair. \n(6) S\nELECTION CRITERIA .—The Secretary may \naward a full funding grant agreement under this subsection if the Secretary determines that— \n(A) the recipient has completed planning and \nthe activities required under the National Envi-ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and \n(B) the recipient has the necessary legal, fi-\nnancial, and technical capacity to carry out the eligible project. \n(7) B\nEFORE AND AFTER STUDY AND REPORT .— \n(A) S TUDY REQUIRED .—A full funding grant \nagreement under this paragraph shall require a recipient to conduct a study that— \n(i) describes and analyzes the impacts of the \neligible project on public transportation services and public transportation ridership; \n(ii) describes and analyzes the consistency of \npredicted and actual benefits and costs of the innovative project development and delivery methods or innovative financing for the eligible project; and \n(iii) identifies reasons for any differences be-\ntween predicted and actual outcomes for the eli-gible project. \n(B) S\nUBMISSION OF REPORT .—Not later than 9 \nmonths after an eligible project selected to par-ticipate in the program begins revenue oper-ations, the recipient shall submit to the Sec-retary a report on the results of the study under subparagraph (A). \nSEC. 20009. MOBILITY OF SENIORS AND INDIVID-\nUALS WITH DISABILITIES. \nSection 5310 of title 49, United States Code, is \namended to read as follows: \n‘‘§ 5310. Formula grants for the enhanced mo-\nbility of seniors and individuals with dis-abilities \n‘‘(a) D\nEFINITIONS .—In this section, the fol-\nlowing definitions shall apply: \n‘‘(1) R ECIPIENT .—The term ‘recipient’ means a \ndesignated recipient or a State that receives a grant under this section directly. \n‘‘(2) S\nUBRECIPIENT .—The term ‘subrecipient’ \nmeans a State or local governmental authority, a private nonprofit organization, or an operator of public transportation that receives a grant under this section indirectly through a recipi-ent. \n‘‘(b) G\nENERAL AUTHORITY .— \n‘‘(1) G RANTS .—The Secretary may make grants \nunder this section to recipients for— \n‘‘(A) public transportation projects planned, \ndesigned, and carried out to meet the special needs of seniors and individuals with disabilities when public transportation is insufficient, inap-propriate, or unavailable; \n‘‘(B) public transportation projects that ex-\nceed the requirements of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.); \n‘‘(C) public transportation projects that im-\nprove access to fixed route service and decrease reliance by individuals with disabilities on com-plementary paratransit; and \n‘‘(D) alternatives to public transportation that \nassist seniors and individuals with disabilities with transportation. ‘‘(2) L\nIMITATIONS FOR CAPITAL PROJECTS .— \n‘‘(A) A MOUNT AVAILABLE .—The amount avail-\nable for capital projects under paragraph (1)(A) shall be not less than 55 percent of the funds ap-portioned to the recipient under this section. \n‘‘(B) A\nLLOCATION TO SUBRECIPIENTS .—A re-\ncipient of a grant under paragraph (1)(A) may allocate the amounts provided under the grant to— \n‘‘(i) a private nonprofit organization; or ‘‘(ii) a State or local governmental authority \nthat— \n‘‘(I) is approved by a State to coordinate serv-\nices for seniors and individuals with disabilities; or \n‘‘(II) certifies that there are no private non-\nprofit organizations readily available in the area to provide the services described in para-graph (1)(A). \n‘‘(3) A\nDMINISTRATIVE EXPENSES .—A recipient \nmay use not more than 10 percent of the amounts apportioned to the recipient under this section to administer, plan, and provide tech-nical assistance for a project funded under this section. \n‘‘(4) E\nLIGIBLE CAPITAL EXPENSES .—The acqui-\nsition of public transportation services is an eli-gible capital expense under this section. \n‘‘(5) C\nOORDINATION .— \n‘‘(A) D EPARTMENT OF TRANSPORTATION .—To \nthe maximum extent feasible, the Secretary shall coordinate activities under this section with re-lated activities under other Federal departments and agencies. \n‘‘(B) O\nTHER FEDERAL AGENCIES AND NON -\nPROFIT ORGANIZATIONS .—A State or local gov-\nernmental authority or nonprofit organization that receives assistance from Government sources (other than the Department of Trans-portation) for nonemergency transportation services shall— \n‘‘(i) participate and coordinate with recipients \nof assistance under this chapter in the design and delivery of transportation services; and \n‘‘(ii) participate in the planning for the trans-\nportation services described in clause (i). \n‘‘(6) P\nROGRAM OF PROJECTS .— \n‘‘(A) I N GENERAL .—Amounts made available to \ncarry out this section may be used for transpor-tation projects to assist in providing transpor-tation services for seniors and individuals with disabilities, if such transportation projects are included in a program of projects. \n‘‘(B) S\nUBMISSION .—A recipient shall annually \nsubmit a program of projects to the Secretary. \n‘‘(C) A SSURANCE .—The program of projects \nsubmitted under subparagraph (B) shall contain an assurance that the program provides for the maximum feasible coordination of transpor-tation services assisted under this section with transportation services assisted by other Gov-ernment sources. \n‘‘(7) M\nEAL DELIVERY FOR HOMEBOUND INDIVID -\nUALS.—A public transportation service provider \nthat receives assistance under this section or section 5311(c) may coordinate and assist in reg-ularly providing meal delivery service for home-bound individuals, if the delivery service does not conflict with providing public transpor-tation service or reduce service to public trans-portation passengers. \n‘‘(c) A\nPPORTIONMENT AND TRANSFERS .— \n‘‘(1) F ORMULA .—The Secretary shall appor-\ntion amounts made available to carry out this section as follows: \n‘‘(A) L\nARGE URBANIZED AREAS .—Sixty percent \nof the funds shall be apportioned among des-ignated recipients for urbanized areas with a population of 200,000 or more individuals, as de-termined by the Bureau of the Census, in the ratio that— \n‘‘(i) the number of seniors and individuals \nwith disabilities in each such urbanized area; bears to \n‘‘(ii) the number of seniors and individuals \nwith disabilities in all such urbanized areas. \n‘‘(B) S\nMALL URBANIZED AREAS .—Twenty per-\ncent of the funds shall be apportioned among the States in the ratio that— \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00343 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4502 June 28, 2012 \n‘‘(i) the number of seniors and individuals \nwith disabilities in urbanized areas with a pop-ulation of fewer than 200,000 individuals, as de-termined by the Bureau of the Census, in each State; bears to \n‘‘(ii) the number of seniors and individuals \nwith disabilities in urbanized areas with a pop-ulation of fewer than 200,000 individuals, as de-termined by the Bureau of the Census, in all States. \n‘‘(C) R\nURAL AREAS .—Twenty percent of the \nfunds shall be apportioned among the States in the ratio that— \n‘‘(i) the number of seniors and individuals \nwith disabilities in rural areas in each State; bears to \n‘‘(ii) the number of seniors and individuals \nwith disabilities in rural areas in all States. \n‘‘(2) A\nREAS SERVED BY PROJECTS .— \n‘‘(A) I N GENERAL .—Except as provided in sub-\nparagraph (B)— \n‘‘(i) funds apportioned under paragraph \n(1)(A) shall be used for projects serving urban-ized areas with a population of 200,000 or more individuals, as determined by the Bureau of the Census; \n‘‘(ii) funds apportioned under paragraph \n(1)(B) shall be used for projects serving urban-ized areas with a population of fewer than 200,000 individuals, as determined by the Bu-reau of the Census; and \n‘‘(iii) funds apportioned under paragraph \n(1)(C) shall be used for projects serving rural areas. \n‘‘(B) E\nXCEPTIONS .—A State may use funds ap-\nportioned to the State under subparagraph (B) or (C) of paragraph (1)— \n‘‘(i) for a project serving an area other than \nan area specified in subparagraph (A)(ii) or (A)(iii), as the case may be, if the Governor of the State certifies that all of the objectives of this section are being met in the area specified in subparagraph (A)(ii) or (A)(iii); or \n‘‘(ii) for a project anywhere in the State, if \nthe State has established a statewide program for meeting the objectives of this section. \n‘‘(C) L\nIMITED TO ELIGIBLE PROJECTS .—Any \nfunds transferred pursuant to subparagraph (B) shall be made available only for eligible projects selected under this section. \n‘‘(D) C\nONSULTATION .—A recipient may trans-\nfer an amount under subparagraph (B) only after consulting with responsible local officials, publicly owned operators of public transpor-tation, and nonprofit providers in the area for which the amount was originally apportioned. \n‘‘(d) G\nOVERNMENT SHARE OF COSTS.— \n‘‘(1) C APITAL PROJECTS .—A grant for a capital \nproject under this section shall be in an amount equal to 80 percent of the net capital costs of the project, as determined by the Secretary. \n‘‘(2) O\nPERATING ASSISTANCE .—A grant made \nunder this section for operating assistance may not exceed an amount equal to 50 percent of the net operating costs of the project, as determined by the Secretary. \n‘‘(3) R\nEMAINDER OF NET COSTS .—The remain-\nder of the net costs of a project carried out under this section— \n‘‘(A) may be provided from an undistributed \ncash surplus, a replacement or depreciation cash fund or reserve, a service agreement with a State or local social service agency or a private social service organization, or new capital; and \n‘‘(B) may be derived from amounts appro-\npriated or otherwise made available— \n‘‘(i) to a department or agency of the Govern-\nment (other than the Department of Transpor-tation) that are eligible to be expended for transportation; or \n‘‘(ii) to carry out the Federal lands highways \nprogram under section 204 of title 23. \n‘‘(4) U\nSE OF CERTAIN FUNDS .—For purposes of \nparagraph (3)(B)(i), the prohibition under sec-tion 403(a)(5)(C)(vii) of the Social Security Act (42 U.S.C. 603(a)(5)(C)(vii)) on the use of grant funds for matching requirements shall not apply to Federal or State funds to be used for trans-portation purposes. ‘‘(e) G\nRANT REQUIREMENTS .— \n‘‘(1) I N GENERAL .—A grant under this section \nshall be subject to the same requirements as a grant under section 5307, to the extent the Sec-retary determines appropriate. \n‘‘(2) C\nERTIFICATION REQUIREMENTS .— \n‘‘(A) P ROJECT SELECTION AND PLAN DEVELOP -\nMENT .—Before receiving a grant under this sec-\ntion, each recipient shall certify that— \n‘‘(i) the projects selected by the recipient are \nincluded in a locally developed, coordinated public transit-human services transportation plan; \n‘‘(ii) the plan described in clause (i) was de-\nveloped and approved through a process that in-cluded participation by seniors, individuals with disabilities, representatives of public, private, and nonprofit transportation and human serv-ices providers, and other members of the public; and \n‘‘(iii) to the maximum extent feasible, the serv-\nices funded under this section will be coordi-nated with transportation services assisted by other Federal departments and agencies, includ-ing any transportation activities carried out by a recipient of a grant from the Department of Health and Human Services. \n‘‘(B) A\nLLOCATIONS TO SUBRECIPIENTS .—If a re-\ncipient allocates funds received under this sec-tion to subrecipients, the recipient shall certify that the funds are allocated on a fair and equi-table basis. \n‘‘(f) C\nOMPETITIVE PROCESS FOR GRANTS TO \nSUBRECIPIENTS .— \n‘‘(1) A REAWIDE SOLICITATIONS .—A recipient of \nfunds apportioned under subsection (c)(1)(A) may conduct, in cooperation with the appro-priate metropolitan planning organization, an areawide solicitation for applications for grants under this section. \n‘‘(2) S\nTATEWIDE SOLICITATIONS .—A recipient \nof funds apportioned under subparagraph (B) or (C) of subsection (c)(1) may conduct a statewide solicitation for applications for grants under this section. \n‘‘(3) A\nPPLICATION .—If the recipient elects to \nengage in a competitive process, a recipient or subrecipient seeking to receive a grant from funds apportioned under subsection (c) shall submit to the recipient making the election an application in such form and in accordance with such requirements as the recipient making the election shall establish. \n‘‘(g) T\nRANSFERS OF FACILITIES AND EQUIP-\nMENT .—A recipient may transfer a facility or \nequipment acquired using a grant under this section to any other recipient eligible to receive assistance under this chapter, if— \n‘‘(1) the recipient in possession of the facility \nor equipment consents to the transfer; and \n‘‘(2) the facility or equipment will continue to \nbe used as required under this section. \n‘‘(h) P\nERFORMANCE MEASURES .— \n‘‘(1) I N GENERAL .—Not later than 1 year after \nthe date of enactment of the Federal Public Transportation Act of 2012, the Secretary shall submit a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Transportation and Infra-structure of the House of Representatives mak-ing recommendations on the establishment of performance measures for grants under this sec-tion. Such report shall be developed in consulta-tion with national nonprofit organizations that provide technical assistance and advocacy on issues related to transportation services for sen-iors and individuals with disabilities. \n‘‘(2) M\nEASURES .—The performance measures \nto be considered in the report under paragraph (1) shall require the collection of quantitative and qualitative information, as available, con-cerning— \n‘‘(A) modifications to the geographic coverage \nof transportation service, the quality of trans-portation service, or service times that increase the availability of transportation services for seniors and individuals with disabilities; \n‘‘(B) ridership; ‘‘(C) accessibility improvements; and \n‘‘(D) other measures, as the Secretary deter-\nmines is appropriate.’’. \nSEC. 20010. FORMULA GRANTS FOR RURAL AREAS. \nSection 5311 of title 49, United States Code, is \namended to read as follows: \n‘‘§ 5311. Formula grants for rural areas \n‘‘(a) D EFINITIONS .—As used in this section, \nthe following definitions shall apply: \n‘‘(1) R ECIPIENT .—The term ‘recipient’ means a \nState or Indian tribe that receives a Federal transit program grant directly from the Govern-ment. \n‘‘(2) S\nUBRECIPIENT .—The term ‘subrecipient’ \nmeans a State or local governmental authority, a nonprofit organization, or an operator of pub-lic transportation or intercity bus service that receives Federal transit program grant funds in-directly through a recipient. \n‘‘(b) G\nENERAL AUTHORITY .— \n‘‘(1) G RANTS AUTHORIZED .—Except as provided \nby paragraph (2), the Secretary may award grants under this section to recipients located in rural areas for— \n‘‘(A) planning, provided that a grant under \nthis section for planning activities shall be in addition to funding awarded to a State under section 5305 for planning activities that are di-rected specifically at the needs of rural areas in the State; \n‘‘(B) public transportation capital projects; ‘‘(C) operating costs of equipment and facili-\nties for use in public transportation; \n‘‘(D) job access and reverse commute projects; \nand \n‘‘(E) the acquisition of public transportation \nservices, including service agreements with pri-vate providers of public transportation service. \n‘‘(2) S\nTATE PROGRAM .— \n‘‘(A) I N GENERAL .—A project eligible for a \ngrant under this section shall be included in a State program for public transportation service projects, including agreements with private pro-viders of public transportation service. \n‘‘(B) S\nUBMISSION TO SECRETARY .—Each State \nshall submit to the Secretary annually the pro-gram described in subparagraph (A). \n‘‘(C) A\nPPROVAL .—The Secretary may not ap-\nprove the program unless the Secretary deter-mines that— \n‘‘(i) the program provides a fair distribution of \namounts in the State, including Indian reserva-tions; and \n‘‘(ii) the program provides the maximum fea-\nsible coordination of public transportation serv-ice assisted under this section with transpor-tation service assisted by other Federal sources. \n‘‘(3) R\nURAL TRANSPORTATION ASSISTANCE PRO -\nGRAM .— \n‘‘(A) I N GENERAL .—The Secretary shall carry \nout a rural transportation assistance program in rural areas. \n‘‘(B) G\nRANTS AND CONTRACTS .—In carrying \nout this paragraph, the Secretary may use not more than 2 percent of the amount made avail-able under section 5338(a)(2)(E) to make grants and contracts for transportation research, tech-nical assistance, training, and related support services in rural areas. \n‘‘(C) P\nROJECTS OF A NATIONAL SCOPE .—Not \nmore than 15 percent of the amounts available under subparagraph (B) may be used by the Secretary to carry out competitively selected projects of a national scope, with the remaining balance provided to the States. \n‘‘(4) D\nATA COLLECTION .—Each recipient under \nthis section shall submit an annual report to the Secretary containing information on capital in-vestment, operations, and service provided with funds received under this section, including— \n‘‘(A) total annual revenue; ‘‘(B) sources of revenue; ‘‘(C) total annual operating costs; ‘‘(D) total annual capital costs; ‘‘(E) fleet size and type, and related facilities; ‘‘(F) vehicle revenue miles; and ‘‘(G) ridership. \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00344 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4503 June 28, 2012 \n‘‘(c) A PPORTIONMENTS .— \n‘‘(1) P UBLIC TRANSPORTATION ON INDIAN RES -\nERVATIONS .—Of the amounts made available or \nappropriated for each fiscal year pursuant to section 5338(a)(2)(E) to carry out this para-graph, the following amounts shall be appor-tioned each fiscal year for grants to Indian tribes for any purpose eligible under this sec-tion, under such terms and conditions as may be established by the Secretary: \n‘‘(A) $5,000,000 shall be distributed on a com-\npetitive basis by the Secretary. \n‘‘(B) $25,000,000 shall be apportioned as for-\nmula grants, as provided in subsection (j). \n‘‘(2) A\nPPALACHIAN DEVELOPMENT PUBLIC \nTRANSPORTATION ASSISTANCE PROGRAM .— \n‘‘(A) D EFINITIONS .—In this paragraph— \n‘‘(i) the term ‘Appalachian region’ has the \nsame meaning as in section 14102 of title 40; and \n‘‘(ii) the term ‘eligible recipient’ means a State \nthat participates in a program established under subtitle IV of title 40. \n‘‘(B) I\nN GENERAL .—The Secretary shall carry \nout a public transportation assistance program in the Appalachian region. \n‘‘(C) A\nPPORTIONMENT .—Of amounts made \navailable or appropriated for each fiscal year under section 5338(a)(2)(E) to carry out this paragraph, the Secretary shall apportion funds to eligible recipients for any purpose eligible under this section, based on the guidelines es-tablished under section 9.5(b) of the Appa-lachian Regional Commission Code. \n‘‘(D) S\nPECIAL RULE .—An eligible recipient may \nuse amounts that cannot be used for operating expenses under this paragraph for a highway project if— \n‘‘(i) that use is approved, in writing, by the el-\nigible recipient after appropriate notice and an opportunity for comment and appeal are pro-vided to affected public transportation pro-viders; and \n‘‘(ii) the eligible recipient, in approving the \nuse of amounts under this subparagraph, deter-mines that the local transit needs are being ad-dressed. \n‘‘(3) R\nEMAINING AMOUNTS .— \n‘‘(A) I N GENERAL .—The amounts made avail-\nable or appropriated for each fiscal year pursu-ant to section 5338(a)(2)(E) that are not appor-tioned under paragraph (1) or (2) shall be ap-portioned in accordance with this paragraph. \n‘‘(B) A\nPPORTIONMENT BASED ON LAND AREA \nAND POPULATION IN NONURBANIZED AREAS .— \n‘‘(i) I N GENERAL .—83.15 percent of the amount \ndescribed in subparagraph (A) shall be appor-tioned to the States in accordance with this sub-paragraph. \n‘‘(ii) L\nAND AREA .— \n‘‘(I) I N GENERAL .—Subject to subclause (II), \neach State shall receive an amount that is equal to 20 percent of the amount apportioned under clause (i), multiplied by the ratio of the land area in rural areas in that State and divided by the land area in all rural areas in the United States, as shown by the most recent decennial census of population. \n‘‘(II) M\nAXIMUM APPORTIONMENT .—No State \nshall receive more than 5 percent of the amount apportioned under subclause (I). \n‘‘(iii) P\nOPULATION .—Each State shall receive \nan amount equal to 80 percent of the amount apportioned under clause (i), multiplied by the ratio of the population of rural areas in that State and divided by the population of all rural areas in the United States, as shown by the most recent decennial census of population. \n‘‘(C) A\nPPORTIONMENT BASED ON LAND AREA , \nVEHICLE REVENUE MILES , AND LOW -INCOME INDI -\nVIDUALS IN NONURBANIZED AREAS .— \n‘‘(i) I N GENERAL .—16.85 percent of the amount \ndescribed in subparagraph (A) shall be appor-tioned to the States in accordance with this sub-paragraph. \n‘‘(ii) L\nAND AREA .—Subject to clause (v), each \nState shall receive an amount that is equal to 29.68 percent of the amount apportioned under clause (i), multiplied by the ratio of the land area in rural areas in that State and divided by \nthe land area in all rural areas in the United States, as shown by the most recent decennial census of population. \n‘‘(iii) V\nEHICLE REVENUE MILES .—Subject to \nclause (v), each State shall receive an amount that is equal to 29.68 percent of the amount ap-portioned under clause (i), multiplied by the ratio of vehicle revenue miles in rural areas in that State and divided by the vehicle revenue miles in all rural areas in the United States, as determined by national transit database report-ing. \n‘‘(iv) L\nOW-INCOME INDIVIDUALS .—Each State \nshall receive an amount that is equal to 40.64 percent of the amount apportioned under clause (i), multiplied by the ratio of low-income indi-viduals in rural areas in that State and divided by the number of low-income individuals in all rural areas in the United States, as shown by the Bureau of the Census. \n‘‘(v) M\nAXIMUM APPORTIONMENT .—No State \nshall receive— \n‘‘(I) more than 5 percent of the amount appor-\ntioned under clause (ii); or \n‘‘(II) more than 5 percent of the amount ap-\nportioned under clause (iii). \n‘‘(d) U SE FOR LOCAL TRANSPORTATION SERV-\nICE.—A State may use an amount apportioned \nunder this section for a project included in a program under subsection (b) of this section and eligible for assistance under this chapter if the project will provide local transportation service, as defined by the Secretary of Transportation, in a rural area. \n‘‘(e) U\nSE FOR ADMINISTRATION , PLANNING , AND \nTECHNICAL ASSISTANCE .—The Secretary may \nallow a State to use not more than 10 percent of the amount apportioned under this section to administer this section and provide technical as-sistance to a subrecipient, including project planning, program and management develop-ment, coordination of public transportation pro-grams, and research the State considers appro-priate to promote effective delivery of public transportation to a rural area. \n‘‘(f) I\nNTERCITY BUSTRANSPORTATION .— \n‘‘(1) I N GENERAL .—A State shall expend at \nleast 15 percent of the amount made available in each fiscal year to carry out a program to de-velop and support intercity bus transportation. Eligible activities under the program include— \n‘‘(A) planning and marketing for intercity bus \ntransportation; \n‘‘(B) capital grants for intercity bus facilities; ‘‘(C) joint-use facilities; ‘‘(D) operating grants through purchase-of- \nservice agreements, user-side subsidies, and demonstration projects; and \n‘‘(E) coordinating rural connections between \nsmall public transportation operations and intercity bus carriers. \n‘‘(2) C\nERTIFICATION .—A State does not have to \ncomply with paragraph (1) of this subsection in a fiscal year in which the Governor of the State certifies to the Secretary, after consultation with affected intercity bus service providers, that the intercity bus service needs of the State are being met adequately. \n‘‘(g) G\nOVERNMENT SHARE OF COSTS.— \n‘‘(1) C APITAL PROJECTS .— \n‘‘(A) I N GENERAL .—Except as provided by sub-\nparagraph (B), a grant awarded under this sec-tion for a capital project or project administra-tive expenses shall be for 80 percent of the net costs of the project, as determined by the Sec-retary. \n‘‘(B) E\nXCEPTION .—A State described in section \n120(b) of title 23 shall receive a Government share of the net costs in accordance with the formula under that section. \n‘‘(2) O\nPERATING ASSISTANCE .— \n‘‘(A) I N GENERAL .—Except as provided by sub-\nparagraph (B), a grant made under this section for operating assistance may not exceed 50 per-cent of the net operating costs of the project, as determined by the Secretary. \n‘‘(B) E\nXCEPTION .—A State described in section \n120(b) of title 23 shall receive a Government share of the net operating costs equal to 62.5 \npercent of the Government share provided for under paragraph (1)(B). \n‘‘(3) R\nEMAINDER .—The remainder of net \nproject costs— \n‘‘(A) may be provided from an undistributed \ncash surplus, a replacement or depreciation cash fund or reserve, a service agreement with a State or local social service agency or a private social service organization, or new capital; \n‘‘(B) may be derived from amounts appro-\npriated or otherwise made available to a depart-ment or agency of the Government (other than the Department of Transportation) that are eli-gible to be expended for transportation; \n‘‘(C) notwithstanding subparagraph (B), may \nbe derived from amounts made available to carry out the Federal lands highway program estab-lished by section 204 of title 23; and \n‘‘(D) in the case of an intercity bus project \nthat includes both feeder service and an unsub-sidized segment of intercity bus service to which the feeder service connects, may be derived from the costs of a private operator for the unsub-sidized segment of intercity bus service as an in- kind match for the operating costs of connecting rural intercity bus feeder service funded under subsection (f), if the private operator agrees in writing to the use of the costs of the private op-erator for the unsubsidized segment of intercity bus service as an in-kind match. \n‘‘(4) U\nSE OF CERTAIN FUNDS .—For purposes of \nparagraph (3)(B), the prohibitions on the use of funds for matching requirements under section 403(a)(5)(C)(vii) of the Social Security Act (42 U.S.C. 603(a)(5)(C)(vii)) shall not apply to Fed-eral or State funds to be used for transportation purposes. \n‘‘(5) L\nIMITATION ON OPERATING ASSISTANCE .— \nA State carrying out a program of operating as-sistance under this section may not limit the level or extent of use of the Government grant for the payment of operating expenses. \n‘‘(h) T\nRANSFER OF FACILITIES AND EQUIP-\nMENT .—With the consent of the recipient cur-\nrently having a facility or equipment acquired with assistance under this section, a State may transfer the facility or equipment to any recipi-ent eligible to receive assistance under this chapter if the facility or equipment will con-tinue to be used as required under this section. \n‘‘(i) R\nELATIONSHIP TO OTHER LAWS.— \n‘‘(1) I N GENERAL .—Section 5333(b) applies to \nthis section if the Secretary of Labor utilizes a special warranty that provides a fair and equi-table arrangement to protect the interests of em-ployees. \n‘‘(2) R\nULE OF CONSTRUCTION .—This subsection \ndoes not affect or discharge a responsibility of the Secretary of Transportation under a law of the United States. \n‘‘(j) F\nORMULA GRANTS FOR PUBLIC TRANSPOR -\nTATION ON INDIAN RESERVATIONS .— \n‘‘(1) A PPORTIONMENT .— \n‘‘(A) I N GENERAL .—Of the amounts described \nin subsection (c)(1)(B)— \n‘‘(i) 50 percent of the total amount shall be \napportioned so that each Indian tribe providing public transportation service shall receive an amount equal to the total amount apportioned under this clause multiplied by the ratio of the number of vehicle revenue miles provided by an Indian tribe divided by the total number of vehi-cle revenue miles provided by all Indian tribes, as reported to the Secretary; \n‘‘(ii) 25 percent of the total amount shall be \napportioned equally among each Indian tribe providing at least 200,000 vehicle revenue miles of public transportation service annually, as re-ported to the Secretary; and \n‘‘(iii) 25 percent of the total amount shall be \napportioned among each Indian tribe providing public transportation on tribal lands (as defined by the Bureau of the Census) on which more than 1,000 low-income individuals reside (as de-termined by the Bureau of the Census) so that each Indian tribe shall receive an amount equal to the total amount apportioned under this \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00345 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4504 June 28, 2012 \nclause multiplied by the ratio of the number of \nlow-income individuals residing on an Indian tribe’s lands divided by the total number of low- income individuals on tribal lands on which more than 1,000 low-income individuals reside. \n‘‘(B) L\nIMITATION .—No recipient shall receive \nmore than $300,000 of the amounts apportioned under subparagraph (A)(iii) in a fiscal year. \n‘‘(C) R\nEMAINING AMOUNTS .—Of the amounts \nmade available under subparagraph (A)(iii), any amounts not apportioned under that sub-paragraph shall be allocated among Indian tribes receiving less than $300,000 in a fiscal year according to the formula specified in that clause. \n‘‘(D) L\nOW-INCOME INDIVIDUALS .—For purposes \nof subparagraph (A)(iii), the term ‘low-income individual’ means an individual whose family income is at or below 100 percent of the poverty line, as that term is defined in section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)), including any revision required by that section, for a family of the size involved. \n‘‘(2) N\nON-TRIBAL SERVICE PROVIDERS .—A re-\ncipient that is an Indian tribe may use funds apportioned under this subsection to finance public transportation services provided by a non-tribal provider of public transportation that connects residents of tribal lands with sur-rounding communities, improves access to em-ployment or healthcare, or otherwise addresses the mobility needs of tribal members.’’. \nSEC. 20011. RESEARCH, DEVELOPMENT, DEM-\nONSTRATION, AND DEPLOYMENT PROJECTS. \nSection 5312 of title 49, United States Code, is \namended to read as follows: \n‘‘§ 5312. Research, development, demonstra-\ntion, and deployment projects \n‘‘(a) R ESEARCH , DEVELOPMENT , DEMONSTRA -\nTION, ANDDEPLOYMENT PROJECTS .— \n‘‘(1) I N GENERAL .—The Secretary may make \ngrants and enter into contracts, cooperative agreements, and other agreements for research, development, demonstration, and deployment projects, and evaluation of research and tech-nology of national significance to public trans-portation, that the Secretary determines will im-prove public transportation. \n‘‘(2) A\nGREEMENTS .—In order to carry out \nparagraph (1), the Secretary may make grants to and enter into contracts, cooperative agree-ments, and other agreements with— \n‘‘(A) departments, agencies, and instrumental-\nities of the Government, including Federal lab-oratories; \n‘‘(B) State and local governmental entities; ‘‘(C) providers of public transportation; ‘‘(D) private or non-profit organizations; ‘‘(E) institutions of higher education; and ‘‘(F) technical and community colleges. ‘‘(3) A\nPPLICATION .— \n‘‘(A) I N GENERAL .—To receive a grant, con-\ntract, cooperative agreement, or other agreement under this section, an entity described in para-graph (2) shall submit an application to the Sec-retary. \n‘‘(B) F\nORM AND CONTENTS .—An application \nunder subparagraph (A) shall be in such form and contain such information as the Secretary may require, including— \n‘‘(i) a statement of purpose detailing the need \nbeing addressed; \n‘‘(ii) the short- and long-term goals of the \nproject, including opportunities for future inno-vation and development, the potential for de-ployment, and benefits to riders and public transportation; and \n‘‘(iii) the short- and long-term funding re-\nquirements to complete the project and any fu-ture objectives of the project. \n‘‘(b) R\nESEARCH .— \n‘‘(1) I N GENERAL .—The Secretary may make a \ngrant to or enter into a contract, cooperative agreement, or other agreement under this sec-tion with an entity described in subsection (a)(2) to carry out a public transportation research project that has as its ultimate goal the develop-\nment and deployment of new and innovative ideas, practices, and approaches. \n‘‘(2) P\nROJECT ELIGIBILITY .—A public transpor-\ntation research project that receives assistance under paragraph (1) shall focus on— \n‘‘(A) providing more effective and efficient \npublic transportation service, including services to— \n‘‘(i) seniors; ‘‘(ii) individuals with disabilities; and ‘‘(iii) low-income individuals; ‘‘(B) mobility management and improvements \nand travel management systems; \n‘‘(C) data and communication system ad-\nvancements; \n‘‘(D) system capacity, including— ‘‘(i) train control; ‘‘(ii) capacity improvements; and ‘‘(iii) performance management; ‘‘(E) capital and operating efficiencies; ‘‘(F) planning and forecasting modeling and \nsimulation; \n‘‘(G) advanced vehicle design; ‘‘(H) advancements in vehicle technology; ‘‘(I) asset maintenance and repair systems ad-\nvancement; \n‘‘(J) construction and project management; ‘‘(K) alternative fuels; ‘‘(L) the environment and energy efficiency; ‘‘(M) safety improvements; or ‘‘(N) any other area that the Secretary deter-\nmines is important to advance the interests of public transportation. \n‘‘(c) I\nNNOVATION AND DEVELOPMENT .— \n‘‘(1) I N GENERAL .—The Secretary may make a \ngrant to or enter into a contract, cooperative agreement, or other agreement under this sec-tion with an entity described in subsection (a)(2) to carry out a public transportation innovation and development project that seeks to improve public transportation systems nationwide in order to provide more efficient and effective de-livery of public transportation services, includ-ing through technology and technological ca-pacity improvements. \n‘‘(2) P\nROJECT ELIGIBILITY .—A public transpor-\ntation innovation and development project that receives assistance under paragraph (1) shall focus on— \n‘‘(A) the development of public transportation \nresearch projects that received assistance under subsection (b) that the Secretary determines were successful; \n‘‘(B) planning and forecasting modeling and \nsimulation; \n‘‘(C) capital and operating efficiencies; ‘‘(D) advanced vehicle design; ‘‘(E) advancements in vehicle technology; ‘‘(F) the environment and energy efficiency; ‘‘(G) system capacity, including train control \nand capacity improvements; or \n‘‘(H) any other area that the Secretary deter-\nmines is important to advance the interests of public transportation. \n‘‘(d) D\nEMONSTRATION , D EPLOYMENT , AND \nEVALUATION .— \n‘‘(1) I N GENERAL .—The Secretary may, under \nterms and conditions that the Secretary pre-scribes, make a grant to or enter into a contract, cooperative agreement, or other agreement with an entity described in paragraph (2) to promote the early deployment and demonstration of in-novation in public transportation that has broad applicability. \n‘‘(2) P\nARTICIPANTS .—An entity described in \nthis paragraph is— \n‘‘(A) an entity described in subsection (a)(2); \nor \n‘‘(B) a consortium of entities described in sub-\nsection (a)(2), including a provider of public transportation, that will share the costs, risks, and rewards of early deployment and dem-onstration of innovation. \n‘‘(3) P\nROJECT ELIGIBILITY .—A project that re-\nceives assistance under paragraph (1) shall seek to build on successful research, innovation, and development efforts to facilitate— ‘‘(A) the deployment of research and tech-\nnology development resulting from private ef-forts or Federally funded efforts; and \n‘‘(B) the implementation of research and tech-\nnology development to advance the interests of public transportation. \n‘‘(4) E\nVALUATION .—Not later than 2 years \nafter the date on which a project receives assist-ance under paragraph (1), the Secretary shall conduct a comprehensive evaluation of the suc-cess or failure of the projects funded under this subsection and any plan for broad-based imple-mentation of the innovation promoted by suc-cessful projects. \n‘‘(5) L\nOW OR NO EMISSION VEHICLE DEPLOY -\nMENT .— \n‘‘(A) D EFINITIONS .—In this paragraph, the \nfollowing definitions shall apply: \n‘‘(i) E LIGIBLE AREA .—The term ‘eligible area’ \nmeans an area that is— \n‘‘(I) designated as a nonattainment area for \nozone or carbon monoxide under section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)); or \n‘‘(II) a maintenance area, as defined in sec-\ntion 5303, for ozone or carbon monoxide. \n‘‘(ii) E\nLIGIBLE PROJECT .—The term ‘eligible \nproject’ means a project or program of projects in an eligible area for— \n‘‘(I) acquiring or leasing low or no emission \nvehicles; \n‘‘(II) constructing or leasing facilities and re-\nlated equipment for low or no emission vehicles; \n‘‘(III) constructing new public transportation \nfacilities to accommodate low or no emission ve-hicles; or \n‘‘(IV) rehabilitating or improving existing \npublic transportation facilities to accommodate low or no emission vehicles. \n‘‘(iii) D\nIRECT CARBON EMISSIONS .—The term \n‘direct carbon emissions’ means the quantity of direct greenhouse gas emissions from a vehicle, as determined by the Administrator of the Envi-ronmental Protection Agency. \n‘‘(iv) L\nOW OR NO EMISSION BUS .—The term \n‘low or no emission bus’ means a bus that is a low or no emission vehicle. \n‘‘(v) L\nOW OR NO EMISSION VEHICLE .—The term \n‘low or no emission vehicle’ means— \n‘‘(I) a passenger vehicle used to provide public \ntransportation that the Administrator of the En-vironmental Protection Agency has certified suf-ficiently reduces energy consumption or reduces harmful emissions, including direct carbon emis-sions, when compared to a comparable standard vehicle; or \n‘‘(II) a zero emission bus used to provide pub-\nlic transportation. \n‘‘(vi) R\nECIPIENT .—The term ‘recipient’ \nmeans— \n‘‘(I) for an eligible area that is an urbanized \narea with a population of fewer than 200,000 in-dividuals, as determined by the Bureau of the Census, the State in which the eligible area is located; and \n‘‘(II) for an eligible area not described in sub-\nparagraph (A), the designated recipient for the eligible area. \n‘‘(vii) Z\nERO EMISSION BUS .—The term ‘zero \nemission bus’ means a low or no emission bus that produces no carbon or particulate matter. \n‘‘(B) A\nUTHORITY .—The Secretary may make \ngrants to recipients to finance eligible projects under this paragraph. \n‘‘(C) G\nRANT REQUIREMENTS .— \n‘‘(i) I N GENERAL .—A grant under this para-\ngraph shall be subject to the requirements of section 5307. \n‘‘(ii) G\nOVERNMENT SHARE OF COSTS FOR CER -\nTAIN PROJECTS .—Section 5323(j) applies to \nprojects carried out under this paragraph, un-less the grant recipient requests a lower grant percentage. \n‘‘(iii) C\nOMBINATION OF FUNDING SOURCES .— \n‘‘(I) C OMBINATION PERMITTED .—A project car-\nried out under this paragraph may receive fund-ing under section 5307, or any other provision of law. \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00346 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4505 June 28, 2012 \n‘‘(II) G OVERNMENT SHARE .—Nothing in this \nclause may be construed to alter the Govern-ment share required under this section, section 5307, or any other provision of law. \n‘‘(D) M\nINIMUM AMOUNTS .—Of amounts made \navailable by or appropriated under section 5338(b) in each fiscal year to carry out this paragraph— \n‘‘(i) not less than 65 percent shall be made \navailable to fund eligible projects relating to low or no emission buses; and \n‘‘(ii) not less than 10 percent shall be made \navailable for eligible projects relating to facili-ties and related equipment for low or no emis-sion buses. \n‘‘(E) C\nOMPETITIVE PROCESS .—The Secretary \nshall solicit grant applications and make grants for eligible projects on a competitive basis. \n‘‘(F) P\nRIORITY CONSIDERATION .—In making \ngrants under this paragraph, the Secretary shall give priority to projects relating to low or no emission buses that make greater reductions in energy consumption and harmful emissions, in-cluding direct carbon emissions, than com-parable standard buses or other low or no emis-sion buses. \n‘‘(G) A\nVAILABILITY OF FUNDS .—Any amounts \nmade available or appropriated to carry out this paragraph— \n‘‘(i) shall remain available to an eligible \nproject for 2 years after the fiscal year for which the amount is made available or appropriated; and \n‘‘(ii) that remain unobligated at the end of the \nperiod described in clause (i) shall be added to the amount made available to an eligible project in the following fiscal year. \n‘‘(e) A\nNNUAL REPORT ON RESEARCH .—Not later \nthan the first Monday in February of each year, the Secretary shall submit to the Committee on Banking, Housing, and Urban Affairs and the Committee on Appropriations of the Senate and the Committee on Transportation and Infra-structure, the Committee on Science, Space, and Technology, and the Committee on Appropria-tions of the House of Representatives a report that includes— \n‘‘(1) a description of each project that received \nassistance under this section during the pre-ceding fiscal year; \n‘‘(2) an evaluation of each project described in \nparagraph (1), including any evaluation con-ducted under subsection (d)(4) for the preceding fiscal year; and \n‘‘(3) a proposal for allocations of amounts for \nassistance under this section for the subsequent fiscal year. \n‘‘(f) G\nOVERNMENT SHARE OF COSTS.— \n‘‘(1) I N GENERAL .—The Government share of \nthe cost of a project carried out under this sec-tion shall not exceed 80 percent. \n‘‘(2) N\nON-GOVERNMENT SHARE .—The non-Gov-\nernment share of the cost of a project carried out under this section may be derived from in- kind contributions. \n‘‘(3) F\nINANCIAL BENEFIT .—If the Secretary de-\ntermines that there would be a clear and direct financial benefit to an entity under a grant, contract, cooperative agreement, or other agree-ment under this section, the Secretary shall es-tablish a Government share of the costs of the project to be carried out under the grant, con-tract, cooperative agreement, or other agreement that is consistent with the benefit.’’. \nSEC. 20012. TECHNICAL ASSISTANCE AND STAND-\nARDS DEVELOPMENT. \nSection 5314 of title 49, United States Code, is \namended to read as follows: \n‘‘§ 5314. Technical assistance and standards \ndevelopment \n‘‘(a) T ECHNICAL ASSISTANCE AND STANDARDS \nDEVELOPMENT .— \n‘‘(1) I N GENERAL .—The Secretary may make \ngrants and enter into contracts, cooperative agreements, and other agreements (including agreements with departments, agencies, and in-strumentalities of the Government) to carry out activities that the Secretary determines will as-\nsist recipients of assistance under this chapter to— \n‘‘(A) more effectively and efficiently provide \npublic transportation service; \n‘‘(B) administer funds received under this \nchapter in compliance with Federal law; and \n‘‘(C) improve public transportation. ‘‘(2) E\nLIGIBLE ACTIVITIES .—The activities car-\nried out under paragraph (1) may include— \n‘‘(A) technical assistance; and ‘‘(B) the development of voluntary and con-\nsensus-based standards and best practices by the public transportation industry, including standards and best practices for safety, fare col-lection, Intelligent Transportation Systems, ac-cessibility, procurement, security, asset manage-ment to maintain a state of good repair, oper-ations, maintenance, vehicle propulsion, com-munications, and vehicle electronics. \n‘‘(b) T\nECHNICAL ASSISTANCE .—The Secretary, \nthrough a competitive bid process, may enter into contracts, cooperative agreements, and other agreements with national nonprofit orga-nizations that have the appropriate dem-onstrated capacity to provide public transpor-tation-related technical assistance under this section. The Secretary may enter into such con-tracts, cooperative agreements, and other agree-ments to assist providers of public transpor-tation to— \n‘‘(1) comply with the Americans with Disabil-\nities Act of 1990 (42 U.S.C. 12101 et seq.) through technical assistance, demonstration programs, research, public education, and other activities related to complying with such Act; \n‘‘(2) comply with human services transpor-\ntation coordination requirements and to en-hance the coordination of Federal resources for human services transportation with those of the Department of Transportation through tech-nical assistance, training, and support services related to complying with such requirements; \n‘‘(3) meet the transportation needs of elderly \nindividuals; \n‘‘(4) increase transit ridership in coordination \nwith metropolitan planning organizations and other entities through development around pub-lic transportation stations through technical as-sistance and the development of tools, guidance, and analysis related to market-based develop-ment around transit stations; \n‘‘(5) address transportation equity with regard \nto the effect that transportation planning, in-vestment and operations have for low-income and minority individuals; and \n‘‘(6) any other technical assistance activity \nthat the Secretary determines is necessary to ad-vance the interests of public transportation. \n‘‘(c) A\nNNUAL REPORT ON TECHNICAL ASSIST-\nANCE.—Not later than the first Monday in Feb-\nruary of each year, the Secretary shall submit to the Committee on Banking, Housing, and Urban Affairs and the Committee on Appropriations of the Senate and the Committee on Transpor-tation and Infrastructure, the Committee on Science, Space, and Technology, and the Com-mittee on Appropriations of the House of Rep-resentatives a report that includes— \n‘‘(1) a description of each project that received \nassistance under this section during the pre-ceding fiscal year; \n‘‘(2) an evaluation of the activities carried out \nby each organization that received assistance under this section during the preceding fiscal year; and \n‘‘(3) a proposal for allocations of amounts for \nassistance under this section for the subsequent fiscal year. \n‘‘(d) G\nOVERNMENT SHARE OF COSTS.— \n‘‘(1) I N GENERAL .—The Government share of \nthe cost of an activity carried out using a grant under this section may not exceed 80 percent. \n‘‘(2) N\nON-GOVERNMENT SHARE .—The non-Gov-\nernment share of the cost of an activity carried out using a grant under this section may be de-rived from in-kind contributions.’’. SEC. 20013. PRIVATE SECTOR PARTICIPATION. \n(a) I NGENERAL .—Section 5315 of title 49, \nUnited States Code, is amended to read as fol-lows: \n‘‘§ 5315. Private sector participation \n‘‘(a) G\nENERAL PURPOSES .—In the interest of \nfulfilling the general purposes of this chapter under section 5301(b), the Secretary shall— \n‘‘(1) better coordinate public and private sec-\ntor-provided public transportation services; \n‘‘(2) promote more effective utilization of pri-\nvate sector expertise, financing, and operational capacity to deliver costly and complex new fixed guideway capital projects; and \n‘‘(3) promote transparency and public under-\nstanding of public-private partnerships affect-ing public transportation. \n‘‘(b) A\nCTIONS TO PROMOTE BETTER COORDINA -\nTION BETWEEN PUBLIC AND PRIVATE SECTOR \nPROVIDERS OF PUBLIC TRANSPORTATION .—The \nSecretary shall— \n‘‘(1) provide technical assistance to recipients \nof Federal transit grant assistance, at the re-quest of a recipient, on practices and methods to best utilize private providers of public transpor-tation; and \n‘‘(2) educate recipients of Federal transit \ngrant assistance on laws and regulations under this chapter that impact private providers of public transportation. \n‘‘(c) A\nCTIONS TO PROVIDE TECHNICAL ASSIST-\nANCE FOR ALTERNATIVE PROJECT DELIVERY \nMETHODS .—Upon request by a sponsor of a new \nfixed guideway capital project, the Secretary shall— \n‘‘(1) identify best practices for public-private \npartnerships models in the United States and in other countries; \n‘‘(2) develop standard public-private partner-\nship transaction model contracts; and \n‘‘(3) perform financial assessments that in-\nclude the calculation of public and private bene-fits of a proposed public-private partnership transaction.’’. \n(b) P\nUBLIC -PRIVATE PARTNERSHIP PROCEDURES \nANDAPPROACHES .— \n(1) I DENTIFY IMPEDIMENTS .—The Secretary \nshall— \n(A) except as provided in paragraph (6), iden-\ntify any provisions of chapter 53 of title 49, United States Code, and any regulations or practices thereunder, that impede greater use of public-private partnerships and private invest-ment in public transportation capital projects; and \n(B) develop and implement on a project basis \nprocedures and approaches that— \n(i) address such impediments in a manner \nsimilar to the Special Experimental Project Number 15 of the Federal Highway Administra-tion (commonly referred to as ‘‘SEP-15’’); and \n(ii) protect the public interest and any public \ninvestment in public transportation capital projects that involve public-private partnerships or private investment in public transportation capital projects. \n(2) T\nRANSPARENCY .—The Secretary shall de-\nvelop guidance to promote greater transparency and public access to public-private partnership agreements involving recipients of Federal as-sistance under chapter 53 of title 49, United States Code, including— \n(A) any conflict of interest involving any \nparty involved in the public-private partnership; \n(B) tax and financing aspects related to a \npublic-private partnership agreement; \n(C) changes in the workforce and wages, ben-\nefits, or rules as a result of a public-private partnership; \n(D) estimates of the revenue or savings the \npublic-private partnership will produce for the private entity and public entity; \n(E) any impacts on other developments and \ntransportation modes as a result of non-compete clauses contained in public-private partnership agreements; and \n(F) any other issues the Secretary believes will \nincrease transparency of public-private partner-ship agreements and protect the public interest. \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00347 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4506 June 28, 2012 \n(3) A SSESSMENT .—In developing and imple-\nmenting the guidance under paragraph (2), the Secretary shall encourage project sponsors to conduct assessments to determine whether use of a public-private partnership represents a better public and financial benefit than a similar transaction using public funding or public project delivery. \n(4) R\nEPORT .—Not later than 4 years after the \ndate of enactment of this Act, the Secretary shall submit to Congress a report on the status of the procedures, approaches, and guidance de-veloped and implemented under paragraphs (1) and (2). \n(5) R\nULEMAKING .—Not later than 1 year after \nthe date of enactment of this Act, the Secretary shall issue rules to carry out the procedures and approaches developed under paragraph (1). \n(6) R\nULE OF CONSTRUCTION .—Nothing in this \nsubsection may be construed to allow the Sec-retary to waive any requirement under— \n(A) section 5333 of title 49, United States Code; (B) the National Environmental Policy Act of \n1969 (42 U.S.C. 4321 et seq.); or \n(C) any other provision of Federal law. (c) C\nONTRACTING OUTSTUDY .— \n(1) I N GENERAL .—Not later than 1 year after \nthe date of enactment of this Act, the Comp-troller General of the United States shall submit to the Committee on Transportation and Infra-structure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a comprehensive report on the effect of contracting out public transpor-tation operations and administrative functions on cost, availability and level of service, effi-ciency, and quality of service. \n(2) C\nONSIDERATIONS .—In developing the re-\nport, the Comptroller General shall consider— \n(A) the number of grant recipients that have \ncontracted out services and the types of public transportation services that are performed under contract, including paratransit service, fixed route bus service, commuter rail operations, and administrative functions; \n(B) the size of the populations served by such \ngrant recipients; \n(C) the basis for decisions regarding con-\ntracting out such services; \n(D) comparative costs of providing service \nunder contract to providing the same service through public transit agency employees, using to the greatest extent possible a standard cost allocation model; \n(E) the extent of unionization among privately \ncontracted employees; \n(F) the impact to wages and benefits of em-\nployees when publicly provided public transpor-tation services are contracted out to a private for-profit entity; \n(G) the level of transparency and public ac-\ncess to agreements and contracts related to con-tracted out public transportation services; \n(H) the extent of Federal law, regulations and \nguidance prohibiting any conflicts of interest for contractor employees and businesses; \n(I) the extent to which grant recipients evalu-\nate contracted out services before selecting them and the extent to which grant recipients con-duct oversight of those services; and \n(J) barriers to contracting out public transpor-\ntation operations and administrative functions. \n(d) G\nUIDANCE ON DOCUMENTING COMPLI -\nANCE.—Not later than 1 year after the date of \nenactment of this Act, the Secretary shall pub-lish in the Federal Register policy guidance re-garding how to best document compliance by re-cipients of Federal assistance under chapter 53 of title 49, United States Code, with the require-ments regarding private enterprise participation in public transportation planning and transpor-tation improvement programs under sections 5303(i)(6), 5306(a), and 5307(c) of such title 49. \nSEC. 20014. BUS TESTING FACILITIES. \nSection 5318 of title 49, United States Code, is \namended by striking subsection (e) and inserting the following: ‘‘(e) A\nCQUIRING NEWBUSMODELS .— \n‘‘(1) I N GENERAL .—Amounts appropriated or \notherwise made available under this chapter may be obligated or expended to acquire a new bus model only if— \n‘‘(A) a bus of that model has been tested at a \nfacility authorized under subsection (a); and \n‘‘(B) the bus tested under subparagraph (A) \nmet— \n‘‘(i) performance standards for maintain-\nability, reliability, performance (including brak-ing performance), structural integrity, fuel economy, emissions, and noise, as established by the Secretary by rule; and \n‘‘(ii) the minimum safety performance stand-\nards established by the Secretary pursuant to section 5329(b). \n‘‘(2) B\nUS TEST ‘PASS/FAIL’ STANDARD .—Not \nlater than 2 years after the date of enactment of the Federal Public Transportation Act of 2012, the Secretary shall issue a final rule under sub-paragraph (B)(i). The final rule issued under paragraph (B)(i) shall include a bus model scor-ing system that results in a weighted, aggregate score that uses the testing categories under sub-section (a) and considers the relative importance of each such testing category. The final rule issued under subparagraph (B)(i) shall establish a ‘pass/fail’ standard that uses the aggregate score described in the preceding sentence. Amounts appropriated or otherwise made avail-able under this chapter may be obligated or ex-pended to acquire a new bus model only if the new bus model has received a passing aggregate test score. The Secretary shall work with the bus testing facility, bus manufacturers, and transit agencies to develop the bus model scoring system under this paragraph. A passing aggre-gate test score under the rule issued under sub-paragraph (B)(i) indicates only that amounts appropriated or made available under this chap-ter may be obligated or expended to acquire a new bus model and shall not be interpreted as a warranty or guarantee that the new bus model will meet a purchaser’s specific requirements.’’. \nSEC. 20015. HUMAN RESOURCES AND TRAINING. \nSection 5322 of title 49, United States Code, is \namended to read as follows: \n‘‘§ 5322. Human resources and training \n‘‘(a) I NGENERAL .—The Secretary may under-\ntake, or make grants and contracts for, pro-grams that address human resource needs as they apply to public transportation activities. A program may include— \n‘‘(1) an employment training program; ‘‘(2) an outreach program to increase minority \nand female employment in public transportation activities; \n‘‘(3) research on public transportation per-\nsonnel and training needs; and \n‘‘(4) training and assistance for minority busi-\nness opportunities. \n‘‘(b) I\nNNOVATIVE PUBLIC TRANSPORTATION \nWORKFORCE DEVELOPMENT PROGRAM .— \n‘‘(1) P ROGRAM ESTABLISHED .—The Secretary \nshall establish a competitive grant program to assist the development of innovative activities eligible for assistance under subsection (a). \n‘‘(2) S\nELECTION OF RECIPIENTS .—To the max-\nimum extent feasible, the Secretary shall select recipients that— \n‘‘(A) are geographically diverse; ‘‘(B) address the workforce and human re-\nsources needs of large public transportation pro-viders; \n‘‘(C) address the workforce and human re-\nsources needs of small public transportation pro-viders; \n‘‘(D) address the workforce and human re-\nsources needs of urban public transportation providers; \n‘‘(E) address the workforce and human re-\nsources needs of rural public transportation pro-viders; \n‘‘(F) advance training related to maintenance \nof alternative energy, energy efficiency, or zero emission vehicles and facilities used in public transportation; ‘‘(G) target areas with high rates of unem-\nployment; and \n‘‘(H) address current or projected workforce \nshortages in areas that require technical exper-tise. \n‘‘(c) G\nOVERNMENT ’SSHARE OF COSTS.—The \nGovernment share of the cost of a project car-ried out using a grant under subsection (a) or (b) shall be 50 percent. \n‘‘(d) N\nATIONAL TRANSIT INSTITUTE .— \n‘‘(1) E STABLISHMENT .—The Secretary shall es-\ntablish a national transit institute and award grants to a public 4-year degree-granting insti-tution of higher education, as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)), in order to carry out the duties of the institute. \n‘‘(2) D\nUTIES .— \n‘‘(A) I N GENERAL .—In cooperation with the \nFederal Transit Administration, State transpor-tation departments, public transportation au-thorities, and national and international enti-ties, the institute established under paragraph (1) shall develop and conduct training and edu-cational programs for Federal, State, and local transportation employees, United States citi-zens, and foreign nationals engaged or to be en-gaged in Government-aid public transportation work. \n‘‘(B) T\nRAINING AND EDUCATIONAL PROGRAMS .— \nThe training and educational programs devel-oped under subparagraph (A) may include courses in recent developments, techniques, and procedures related to— \n‘‘(i) intermodal and public transportation \nplanning; \n‘‘(ii) management; ‘‘(iii) environmental factors; ‘‘(iv) acquisition and joint use rights-of-way; ‘‘(v) engineering and architectural design; ‘‘(vi) procurement strategies for public trans-\nportation systems; \n‘‘(vii) turnkey approaches to delivering public \ntransportation systems; \n‘‘(viii) new technologies; ‘‘(ix) emission reduction technologies; ‘‘(x) ways to make public transportation ac-\ncessible to individuals with disabilities; \n‘‘(xi) construction, construction management, \ninsurance, and risk management; \n‘‘(xii) maintenance; ‘‘(xiii) contract administration; ‘‘(xiv) inspection; ‘‘(xv) innovative finance; ‘‘(xvi) workplace safety; and ‘‘(xvii) public transportation security. ‘‘(3) P\nROVIDING EDUCATION AND TRAINING .— \nEducation and training of Government, State, and local transportation employees under this subsection shall be provided— \n‘‘(A) by the Secretary at no cost to the States \nand local governments for subjects that are a Government program responsibility; or \n‘‘(B) when the education and training are \npaid under paragraph (4) of this subsection, by the State, with the approval of the Secretary, through grants and contracts with public and private agencies, other institutions, individuals, and the institute. \n‘‘(4) A\nVAILABILITY OF AMOUNTS .—Not more \nthan .5 percent of the amounts made available for a fiscal year beginning after September 30, 1991, to a State or public transportation author-ity in the State to carry out sections 5307 and 5309 of this title is available for expenditure by the State and public transportation authorities in the State, with the approval of the Secretary, to pay not more than 80 percent of the cost of tuition and direct educational expenses related to educating and training State and local trans-portation employees under this subsection. \n‘‘(e) R\nEPORT .—Not later than 2 years after the \ndate of enactment of the Federal Public Trans-portation Act of 2012, the Secretary shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report concerning \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00348 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4507 June 28, 2012 \nthe measurable outcomes and impacts of the \nprograms funded under subsections (a) and (b).’’. \nSEC. 20016. GENERAL PROVISIONS. \nSection 5323 of title 49, United States Code, is \namended to read as follows: \n‘‘§ 5323. General provisions \n‘‘(a) I NTERESTS IN PROPERTY .— \n‘‘(1) I N GENERAL .—Financial assistance pro-\nvided under this chapter to a State or a local governmental authority may be used to acquire an interest in, or to buy property of, a private company engaged in public transportation, for a capital project for property acquired from a pri-vate company engaged in public transportation after July 9, 1964, or to operate a public trans-portation facility or equipment in competition with, or in addition to, transportation service provided by an existing public transportation company, only if— \n‘‘(A) the Secretary determines that such fi-\nnancial assistance is essential to a program of projects required under sections 5303, 5304, and 5306; \n‘‘(B) the Secretary determines that the pro-\ngram provides for the participation of private companies engaged in public transportation to the maximum extent feasible; and \n‘‘(C) just compensation under State or local \nlaw will be paid to the company for its franchise or property. \n‘‘(2) L\nIMITATION .—A governmental authority \nmay not use financial assistance of the United States Government to acquire land, equipment, or a facility used in public transportation from another governmental authority in the same ge-ographic area. \n‘‘(b) R\nELOCATION AND REAL PROPERTY RE-\nQUIREMENTS .—The Uniform Relocation Assist-\nance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.) shall apply to fi-nancial assistance for capital projects under this chapter. \n‘‘(c) C\nONSIDERATION OF ECONOMIC , SOCIAL , \nANDENVIRONMENTAL INTERESTS .— \n‘‘(1) C OOPERATION AND CONSULTATION .—The \nSecretary shall cooperate and consult with the Secretary of the Interior and the Administrator of the Environmental Protection Agency on each project that may have a substantial impact on the environment. \n‘‘(2) C\nOMPLIANCE WITH NEPA .—The National \nEnvironmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall apply to financial assistance for capital projects under this chapter. \n‘‘(d) C\nONDITION ON CHARTER BUSTRANSPOR -\nTATION SERVICE .— \n‘‘(1) A GREEMENTS .—Financial assistance \nunder this chapter may be used to buy or oper-ate a bus only if the applicant, governmental authority, or publicly owned operator that re-ceives the assistance agrees that, except as pro-vided in the agreement, the governmental au-thority or an operator of public transportation for the governmental authority will not provide charter bus transportation service outside the urban area in which it provides regularly sched-uled public transportation service. An agree-ment shall provide for a fair arrangement the Secretary of Transportation considers appro-priate to ensure that the assistance will not en-able a governmental authority or an operator for a governmental authority to foreclose a pri-vate operator from providing intercity charter bus service if the private operator can provide the service. \n‘‘(2) V\nIOLATIONS .— \n‘‘(A) I NVESTIGATIONS .—On receiving a com-\nplaint about a violation of the agreement re-quired under paragraph (1), the Secretary shall investigate and decide whether a violation has occurred. \n‘‘(B) E\nNFORCEMENT OF AGREEMENTS .—If the \nSecretary decides that a violation has occurred, the Secretary shall correct the violation under terms of the agreement. \n‘‘(C) A\nDDITIONAL REMEDIES .—In addition to \nany remedy specified in the agreement, the Sec-retary shall bar a recipient or an operator from \nreceiving Federal transit assistance in an amount the Secretary considers appropriate if the Secretary finds a pattern of violations of the agreement. \n‘‘(e) B\nOND PROCEEDS ELIGIBLE FOR LOCAL \nSHARE .— \n‘‘(1) U SE AS LOCAL MATCHING FUNDS .—Not-\nwithstanding any other provision of law, a re-cipient of assistance under section 5307, 5309, or 5337 may use the proceeds from the issuance of revenue bonds as part of the local matching funds for a capital project. \n‘‘(2) M\nAINTENANCE OF EFFORT .—The Secretary \nshall approve of the use of the proceeds from the issuance of revenue bonds for the remainder of the net project cost only if the Secretary finds that the aggregate amount of financial support for public transportation in the urbanized area provided by the State and affected local govern-mental authorities during the next 3 fiscal years, as programmed in the State transpor-tation improvement program under section 5304, is not less than the aggregate amount provided by the State and affected local governmental authorities in the urbanized area during the preceding 3 fiscal years. \n‘‘(3) D\nEBT SERVICE RESERVE .—The Secretary \nmay reimburse an eligible recipient for deposits of bond proceeds in a debt service reserve that the recipient establishes pursuant to section 5302(3)(J) from amounts made available to the recipient under section 5309. \n‘‘(f) S\nCHOOLBUS TRANSPORTATION .— \n‘‘(1) A GREEMENTS .—Financial assistance \nunder this chapter may be used for a capital project, or to operate public transportation equipment or a public transportation facility, only if the applicant agrees not to provide schoolbus transportation that exclusively trans-ports students and school personnel in competi-tion with a private schoolbus operator. This subsection does not apply— \n‘‘(A) to an applicant that operates a school \nsystem in the area to be served and a separate and exclusive schoolbus program for the school system; and \n‘‘(B) unless a private schoolbus operator can \nprovide adequate transportation that complies with applicable safety standards at reasonable rates. \n‘‘(2) V\nIOLATIONS .—If the Secretary finds that \nan applicant, governmental authority, or pub-licly owned operator has violated the agreement required under paragraph (1), the Secretary shall bar a recipient or an operator from receiv-ing Federal transit assistance in an amount the Secretary considers appropriate. \n‘‘(g) B\nUYING BUSES UNDER OTHER LAWS.— \nSubsections (d) and (f) of this section apply to financial assistance to buy a bus under sections 133 and 142 of title 23. \n‘‘(h) G\nRANT AND LOAN PROHIBITIONS .—A \ngrant or loan may not be used to— \n‘‘(1) pay ordinary governmental or nonproject \noperating expenses; or \n‘‘(2) support a procurement that uses an ex-\nclusionary or discriminatory specification. \n‘‘(i) G OVERNMENT SHARE OF COSTS FOR CER-\nTAIN PROJECTS .— \n‘‘(1) A CQUIRING VEHICLES AND VEHICLE -RE-\nLATED EQUIPMENT OR FACILITIES .— \n‘‘(A) V EHICLES .—A grant for a project to be \nassisted under this chapter that involves acquir-ing vehicles for purposes of complying with or maintaining compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) or the Clean Air Act is for 85 percent of the net project cost. \n‘‘(B) V\nEHICLE -RELATED EQUIPMENT OR FACILI -\nTIES.—A grant for a project to be assisted under \nthis chapter that involves acquiring vehicle-re-lated equipment or facilities required by the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) or vehicle-related equip-ment or facilities (including clean fuel or alter-native fuel vehicle-related equipment or facili-ties) for purposes of complying with or main-taining compliance with the Clean Air Act, is \nfor 90 percent of the net project cost of such equipment or facilities attributable to compli-ance with those Acts. The Secretary shall have discretion to determine, through practicable ad-ministrative procedures, the costs of such equip-ment or facilities attributable to compliance with those Acts. \n‘‘(2) C\nOSTS INCURRED BY PROVIDERS OF PUBLIC \nTRANSPORTATION BY VANPOOL .— \n‘‘(A) L OCAL MATCHING SHARE .—The local \nmatching share provided by a recipient of assist-ance for a capital project under this chapter may include any amounts expended by a pro-vider of public transportation by vanpool for the acquisition of rolling stock to be used by such provider in the recipient’s service area, exclud-ing any amounts the provider may have received in Federal, State, or local government assistance for such acquisition. \n‘‘(B) U\nSE OF REVENUES .—A private provider of \npublic transportation by vanpool may use reve-nues it receives in the provision of public trans-portation service in the service area of a recipi-ent of assistance under this chapter that are in excess of the provider’s operating costs for the purpose of acquiring rolling stock, if the private provider enters into a legally binding agreement with the recipient that requires the provider to use the rolling stock in the recipient’s service area. \n‘‘(C) D\nEFINITIONS .—In this paragraph, the fol-\nlowing definitions apply: \n‘‘(i) P RIVATE PROVIDER OF PUBLIC TRANSPOR -\nTATION BY VANPOOL .—The term ‘private provider \nof public transportation by vanpool’ means a private entity providing vanpool services in the service area of a recipient of assistance under this chapter using a commuter highway vehicle or vanpool vehicle. \n‘‘(ii) C\nOMMUTER HIGHWAY VEHICLE ; VANPOOL \nVEHICLE .—The term ‘commuter highway vehicle \nor vanpool vehicle’ means any vehicle— \n‘‘(I) the seating capacity of which is at least \n6 adults (not including the driver); and \n‘‘(II) at least 80 percent of the mileage use of \nwhich can be reasonably expected to be for the purposes of transporting commuters in connec-tion with travel between their residences and their place of employment. \n‘‘(j) B\nUYAMERICA .— \n‘‘(1) I N GENERAL .—The Secretary may obligate \nan amount that may be appropriated to carry out this chapter for a project only if the steel, iron, and manufactured goods used in the project are produced in the United States. \n‘‘(2) W\nAIVER .—The Secretary may waive para-\ngraph (1) of this subsection if the Secretary finds that— \n‘‘(A) applying paragraph (1) would be incon-\nsistent with the public interest; \n‘‘(B) the steel, iron, and goods produced in \nthe United States are not produced in a suffi-cient and reasonably available amount or are not of a satisfactory quality; \n‘‘(C) when procuring rolling stock (including \ntrain control, communication, and traction power equipment) under this chapter— \n‘‘(i) the cost of components and subcompo-\nnents produced in the United States is more than 60 percent of the cost of all components of the rolling stock; and \n‘‘(ii) final assembly of the rolling stock has oc-\ncurred in the United States; or \n‘‘(D) including domestic material will increase \nthe cost of the overall project by more than 25 percent. \n‘‘(3) W\nRITTEN WAIVER DETERMINATION AND AN -\nNUAL REPORT .— \n‘‘(A) W RITTEN DETERMINATION .—Before \nissuing a waiver under paragraph (2), the Sec-retary shall— \n‘‘(i) publish in the Federal Register and make \npublicly available in an easily identifiable loca-tion on the website of the Department of Trans-portation a detailed written explanation of the waiver determination; and \n‘‘(ii) provide the public with a reasonable pe-\nriod of time for notice and comment. \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00349 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4508 June 28, 2012 \n‘‘(B) A NNUAL REPORT .—Not later than 1 year \nafter the date of enactment of the Federal Pub-lic Transportation Act of 2012, and annually thereafter, the Secretary shall submit to the Committee on Banking, Housing, and Urban Af-fairs of the Senate and the Committee on Trans-portation and Infrastructure of the House of Representatives a report listing any waiver issued under paragraph (2) during the preceding year. \n‘‘(4) L\nABOR COSTS FOR FINAL ASSEMBLY .—In \nthis subsection, labor costs involved in final as-sembly are not included in calculating the cost of components. \n‘‘(5) W\nAIVER PROHIBITED .—The Secretary may \nnot make a waiver under paragraph (2) of this subsection for goods produced in a foreign coun-try if the Secretary, in consultation with the United States Trade Representative, decides that the government of that foreign country— \n‘‘(A) has an agreement with the United States \nGovernment under which the Secretary has waived the requirement of this subsection; and \n‘‘(B) has violated the agreement by discrimi-\nnating against goods to which this subsection applies that are produced in the United States and to which the agreement applies. \n‘‘(6) P\nENALTY FOR MISLABELING AND MIS -\nREPRESENTATION .—A person is ineligible under \nsubpart 9.4 of the Federal Acquisition Regula-tion, or any successor thereto, to receive a con-tract or subcontract made with amounts author-ized under the Federal Public Transportation Act of 2012 if a court or department, agency, or instrumentality of the Government decides the person intentionally— \n‘‘(A) affixed a ‘Made in America’ label, or a \nlabel with an inscription having the same mean-ing, to goods sold in or shipped to the United States that are used in a project to which this subsection applies but not produced in the United States; or \n‘‘(B) represented that goods described in sub-\nparagraph (A) of this paragraph were produced in the United States. \n‘‘(7) S\nTATE REQUIREMENTS .—The Secretary \nmay not impose any limitation on assistance provided under this chapter that restricts a State from imposing more stringent requirements than this subsection on the use of articles, mate-rials, and supplies mined, produced, or manu-factured in foreign countries in projects carried out with that assistance or restricts a recipient of that assistance from complying with those State-imposed requirements. \n‘‘(8) O\nPPORTUNITY TO CORRECT INADVERTENT \nERROR .—The Secretary may allow a manufac-\nturer or supplier of steel, iron, or manufactured goods to correct after bid opening any certifi-cation of noncompliance or failure to properly complete the certification (but not including failure to sign the certification) under this sub-section if such manufacturer or supplier attests under penalty of perjury that such manufac-turer or supplier submitted an incorrect certifi-cation as a result of an inadvertent or clerical error. The burden of establishing inadvertent or clerical error is on the manufacturer or supplier. \n‘‘(9) A\nDMINISTRATIVE REVIEW .—A party ad-\nversely affected by an agency action under this subsection shall have the right to seek review under section 702 of title 5. \n‘‘(k) P\nARTICIPATION OF GOVERNMENTAL AGEN-\nCIES IN DESIGN AND DELIVERY OF TRANSPOR -\nTATION SERVICES .—Governmental agencies and \nnonprofit organizations that receive assistance from Government sources (other than the De-partment of Transportation) for nonemergency transportation services shall— \n‘‘(1) participate and coordinate with recipi-\nents of assistance under this chapter in the de-sign and delivery of transportation services; and \n‘‘(2) be included in the planning for those \nservices. \n‘‘(l) R\nELATIONSHIP TO OTHER LAWS.— \n‘‘(1) F RAUD AND FALSE STATEMENTS .—Section \n1001 of title 18 applies to a certificate, submis-sion, or statement provided under this chapter. The Secretary may terminate financial assist-\nance under this chapter and seek reimbursement directly, or by offsetting amounts, available under this chapter if the Secretary determines that a recipient of such financial assistance has made a false or fraudulent statement or related act in connection with a Federal public trans-portation program. \n‘‘(2) P\nOLITICAL ACTIVITIES OF NONSUPERVISORY \nEMPLOYEES .—The provision of assistance under \nthis chapter shall not be construed to require the application of chapter 15 of title 5 to any nonsupervisory employee of a public transpor-tation system (or any other agency or entity performing related functions) to whom such chapter does not otherwise apply. \n‘‘(m) P\nREAWARD AND POSTDELIVERY REVIEW \nOFROLLING STOCK PURCHASES .—The Secretary \nshall prescribe regulations requiring a preaward and postdelivery review of a grant under this chapter to buy rolling stock to ensure compli-ance with Government motor vehicle safety re-quirements, subsection (j) of this section, and bid specifications requirements of grant recipi-ents under this chapter. Under this subsection, independent inspections and review are re-quired, and a manufacturer certification is not sufficient. Rolling stock procurements of 20 ve-hicles or fewer made for the purpose of serving rural areas and urbanized areas with popu-lations of 200,000 or fewer shall be subject to the same requirements as established for procure-ments of 10 or fewer buses under the post-deliv-ery purchaser’s requirements certification proc-ess under section 663.37(c) of title 49, Code of Federal Regulations. \n‘‘(n) S\nUBMISSION OF CERTIFICATIONS .—A cer-\ntification required under this chapter and any additional certification or assurance required by law or regulation to be submitted to the Sec-retary may be consolidated into a single docu-ment to be submitted annually as part of a grant application under this chapter. The Sec-retary shall publish annually a list of all certifi-cations required under this chapter with the publication required under section 5336(d)(2). \n‘‘(o) G\nRANT REQUIREMENTS .—The grant re-\nquirements under sections 5307, 5309, and 5337 apply to any project under this chapter that re-ceives any assistance or other financing under chapter 6 (other than section 609) of title 23. \n‘‘(p) A\nLTERNATIVE FUELING FACILITIES .—A re-\ncipient of assistance under this chapter may allow the incidental use of federally funded al-ternative fueling facilities and equipment by nontransit public entities and private entities if— \n‘‘(1) the incidental use does not interfere with \nthe recipient’s public transportation operations; \n‘‘(2) all costs related to the incidental use are \nfully recaptured by the recipient from the non-transit public entity or private entity; \n‘‘(3) the recipient uses revenues received from \nthe incidental use in excess of costs for plan-ning, capital, and operating expenses that are incurred in providing public transportation; and \n‘‘(4) private entities pay all applicable excise \ntaxes on fuel. \n‘‘(q) C\nORRIDOR PRESERVATION .— \n‘‘(1) I N GENERAL .—The Secretary may assist a \nrecipient in acquiring right-of-way before the completion of the environmental reviews for any project that may use the right-of-way if the ac-quisition is otherwise permitted under Federal law. The Secretary may establish restrictions on such an acquisition as the Secretary determines to be necessary and appropriate. \n‘‘(2) E\nNVIRONMENTAL REVIEWS .—Right-of-way \nacquired under this subsection may not be de-veloped in anticipation of the project until all required environmental reviews for the project have been completed. \n‘‘(r) R\nEASONABLE ACCESS TO PUBLIC TRANS-\nPORTATION FACILITIES .—A recipient of assist-\nance under this chapter may not deny reason-able access for a private intercity or charter transportation operator to federally funded pub-lic transportation facilities, including inter-modal facilities, park and ride lots, and bus- \nonly highway lanes. In determining reasonable access, capacity requirements of the recipient of assistance and the extent to which access would be detrimental to existing public transportation services must be considered.’’. \nSEC. 20017. PUBLIC TRANSPORTATION EMER-\nGENCY RELIEF PROGRAM. \n(a) I NGENERAL .—Section 5324 of title 49, \nUnited States Code, is amended to read as fol-lows: \n‘‘§ 5324. Public transportation emergency re-\nlief program \n‘‘(a) D\nEFINITION .—In this section the fol-\nlowing definitions shall apply: \n‘‘(1) E LIGIBLE OPERATING COSTS .—The term \n‘eligible operating costs’ means costs relating to— \n‘‘(A) evacuation services; ‘‘(B) rescue operations; ‘‘(C) temporary public transportation service; \nor \n‘‘(D) reestablishing, expanding, or relocating \npublic transportation route service before, dur-ing, or after an emergency. \n‘‘(2) E\nMERGENCY .—The term ‘emergency’ \nmeans a natural disaster affecting a wide area (such as a flood, hurricane, tidal wave, earth-quake, severe storm, or landslide) or a cata-strophic failure from any external cause, as a result of which— \n‘‘(A) the Governor of a State has declared an \nemergency and the Secretary has concurred; or \n‘‘(B) the President has declared a major dis-\naster under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170). \n‘‘(b) G\nENERAL AUTHORITY .—The Secretary \nmay make grants and enter into contracts and other agreements (including agreements with de-partments, agencies, and instrumentalities of the Government) for— \n‘‘(1) capital projects to protect, repair, recon-\nstruct, or replace equipment and facilities of a public transportation system operating in the United States or on an Indian reservation that the Secretary determines is in danger of suf-fering serious damage, or has suffered serious damage, as a result of an emergency; and \n‘‘(2) eligible operating costs of public transpor-\ntation equipment and facilities in an area di-rectly affected by an emergency during— \n‘‘(A) the 1-year period beginning on the date \nof a declaration described in subsection (a)(2); or \n‘‘(B) if the Secretary determines there is a \ncompelling need, the 2-year period beginning on the date of a declaration described in subsection (a)(2). \n‘‘(c) C\nOORDINATION OF EMERGENCY FUNDS.— \n‘‘(1) U SE OF FUNDS .—Funds appropriated to \ncarry out this section shall be in addition to any other funds available under this chapter. \n‘‘(2) N\nO EFFECT ON OTHER GOVERNMENT ACTIV -\nITY.—The provision of funds under this section \nshall not affect the ability of any other agency of the Government, including the Federal Emer-gency Management Agency, or a State agency, a local governmental entity, organization, or person, to provide any other funds otherwise authorized by law. \n‘‘(3) N\nOTIFICATION .—The Secretary shall no-\ntify the Secretary of Homeland Security of the purpose and amount of any grant made or con-tract or other agreement entered into under this section. \n‘‘(d) G\nRANT REQUIREMENTS .—A grant award-\ned under this section or under section 5307 or 5311 that is made to address an emergency de-fined under subsection (a)(2) shall be— \n‘‘(1) subject to the terms and conditions the \nSecretary determines are necessary; and \n‘‘(2) made only for expenses that are not reim-\nbursed under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.). \n‘‘(e) G\nOVERNMENT SHARE OF COSTS.— \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00350 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4509 June 28, 2012 \n‘‘(1) C APITAL PROJECTS AND OPERATING ASSIST -\nANCE.—A grant, contract, or other agreement for \na capital project or eligible operating costs under this section shall be, at the option of the recipient, for not more than 80 percent of the net project cost, as determined by the Secretary. \n‘‘(2) N\nON-FEDERAL SHARE .—The remainder of \nthe net project cost may be provided from an un-distributed cash surplus, a replacement or de-preciation cash fund or reserve, or new capital. \n‘‘(3) W\nAIVER .—The Secretary may waive, in \nwhole or part, the non-Federal share required under— \n‘‘(A) paragraph (2); or ‘‘(B) section 5307 or 5311, in the case of a \ngrant made available under section 5307 or 5311, respectively, to address an emergency.’’. \n(b) M\nEMORANDUM OF AGREEMENT .— \n(1) P URPOSES .—The purposes of this sub-\nsection are— \n(A) to improve coordination between the De-\npartment of Transportation and the Department of Homeland Security; and \n(B) to expedite the provision of Federal assist-\nance for public transportation systems for ac-tivities relating to a major disaster or emergency declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assist-ance Act (42 U.S.C. 5121 et seq.) (referred to in this subsection as a ‘‘major disaster or emer-gency’’). \n(2) A\nGREEMENT .—Not later than 180 days after \nthe date of enactment of this Act, the Secretary of Transportation and the Secretary of Home-land Security shall enter into a memorandum of agreement to coordinate the roles and respon-sibilities of the Department of Transportation and the Department of Homeland Security in providing assistance for public transportation, including the provision of public transportation services and the repair and restoration of public transportation systems in areas for which the President has declared a major disaster or emer-gency. \n(3) C\nONTENTS OF AGREEMENT .—The memo-\nrandum of agreement required under paragraph (2) shall— \n(A) provide for improved coordination and ex-\npeditious use of public transportation, as appro-priate, in response to and recovery from a major disaster or emergency; \n(B) establish procedures to address— (i) issues that have contributed to delays in \nthe reimbursement of eligible transportation-re-lated expenses relating to a major disaster or emergency; \n(ii) any challenges identified in the review \nunder paragraph (4); and \n(iii) the coordination of assistance for public \ntransportation provided under the Robert T. Stafford Disaster Relief and Emergency Assist-ance Act and section 5324 of title 49, United States Code, as amended by this Act, as appro-priate; and \n(C) provide for the development and distribu-\ntion of clear guidelines for State, local, and trib-al governments, including public transportation systems, relating to— \n(i) assistance available for public transpor-\ntation systems for activities relating to a major disaster or emergency— \n(I) under the Robert T. Stafford Disaster Re-\nlief and Emergency Assistance Act; \n(II) under section 5324 of title 49, United \nStates Code, as amended by this Act; and \n(III) from other sources, including other Fed-\neral agencies; and \n(ii) reimbursement procedures that speed the \nprocess of— \n(I) applying for assistance under the Robert \nT. Stafford Disaster Relief and Emergency As-sistance Act and section 5324 of title 49, United States Code, as amended by this Act; and \n(II) distributing assistance for public trans-\nportation systems under the Robert T. Stafford Disaster Relief and Emergency Assistance Act and section 5324 of title 49, United States Code, as amended by this Act. (4) A\nFTER ACTION REVIEW .—Before entering \ninto a memorandum of agreement under para-graph (2), the Secretary of Transportation and the Secretary of Homeland Security (acting through the Administrator of the Federal Emer-gency Management Agency), in consultation with State, local, and tribal governments (in-cluding public transportation systems) that have experienced a major disaster or emergency, shall review after action reports relating to major dis-asters, emergencies, and exercises, to identify areas where coordination between the Depart-ment of Transportation and the Department of Homeland Security and the provision of public transportation services should be improved. \n(5) F\nACTORS FOR DECLARATIONS OF MAJOR DIS -\nASTERS AND EMERGENCIES .—The Administrator \nof the Federal Emergency Management Agency shall make available to State, local, and tribal governments, including public transportation systems, a description of the factors that the President considers in declaring a major disaster or emergency, including any pre-disaster emer-gency declaration policies. \n(6) B\nRIEFINGS .— \n(A) I NITIAL BRIEFING .—Not later than 180 \ndays after the date of enactment of this Act, the Secretary of Transportation and the Secretary of Homeland Security shall jointly brief the Committee on Banking, Housing, and Urban Af-fairs and the Committee on Homeland Security and Governmental Affairs of the Senate on the memorandum of agreement required under para-graph (2). \n(B) Q\nUARTERLY BRIEFINGS .—Each quarter of \nthe 1-year period beginning on the date on which the Secretary of Transportation and the Secretary of Homeland Security enter into the memorandum of agreement required under para-graph (2), the Secretary of Transportation and the Secretary of Homeland Security shall jointly brief the Committee on Banking, Housing, and Urban Affairs and the Committee on Homeland Security and Governmental Affairs of the Sen-ate on the implementation of the memorandum of agreement. \nSEC. 20018. CONTRACT REQUIREMENTS. \nSection 5325 of title 49, United States Code, is \namended— \n(1) in subsection (e), by striking paragraph (1) \nand inserting the following: \n‘‘(1) C ONTRACTS .—A recipient procuring roll-\ning stock with Government financial assistance under this chapter may make a multiyear con-tract to buy the rolling stock and replacement parts under which the recipient has an option to buy additional rolling stock or replacement parts for— \n‘‘(A) not more than 5 years after the date of \nthe original contract for bus procurements; and \n‘‘(B) not more than 7 years after the date of \nthe original contract for rail procurements, pro-vided that such option does not allow for sig-nificant changes or alterations to the rolling stock.’’. \n(2) in subsection (h), by striking ‘‘Federal \nPublic Transportation Act of 2005’’ and insert-ing ‘‘Federal Public Transportation Act of 2012’’; \n(3) in subsection (j)(2)(C), by striking ‘‘, in-\ncluding the performance reported in the Con-tractor Performance Assessment Reports re-quired under section 5309(l)(2)’’; and \n(4) by adding at the end the following: ‘‘(k) V\nETERANS EMPLOYMENT .—Recipients and \nsubrecipients of Federal financial assistance under this chapter shall ensure that contractors working on a capital project funded using such assistance give a hiring preference, to the extent practicable, to veterans (as defined in section 2108 of title 5) who have the requisite skills and abilities to perform the construction work re-quired under the contract. This subsection shall not be understood, construed or enforced in any manner that would require an employer to give a preference to any veteran over any equally qualified applicant who is a member of any ra-cial or ethnic minority, female, an individual \nwith a disability, or a former employee.’’. \nSEC. 20019. TRANSIT ASSET MANAGEMENT. \nSection 5326 of title 49, United States Code, is \namended to read as follows: \n‘‘§ 5326. Transit asset management \n‘‘(a) D EFINITIONS .—In this section the fol-\nlowing definitions shall apply: \n‘‘(1) C APITAL ASSET .—The term ‘capital asset’ \nincludes equipment, rolling stock, infrastruc-ture, and facilities for use in public transpor-tation and owned or leased by a recipient or subrecipient of Federal financial assistance under this chapter. \n‘‘(2) T\nRANSIT ASSET MANAGEMENT PLAN .—The \nterm ‘transit asset management plan’ means a plan developed by a recipient of funding under this chapter that— \n‘‘(A) includes, at a minimum, capital asset in-\nventories and condition assessments, decision \nsupport tools, and investment prioritization; and \n‘‘(B) the recipient certifies complies with the \nrule issued under this section. \n‘‘(3) T\nRANSIT ASSET MANAGEMENT SYSTEM .— \nThe term ‘transit asset management system’ means a strategic and systematic process of op-erating, maintaining, and improving public transportation capital assets effectively throughout the life cycle of such assets. \n‘‘(b) T\nRANSIT ASSET MANAGEMENT SYSTEM .— \nThe Secretary shall establish and implement a national transit asset management system, which shall include— \n‘‘(1) a definition of the term ‘state of good re-\npair’ that includes objective standards for meas-uring the condition of capital assets of recipi-ents, including equipment, rolling stock, infra-structure, and facilities; \n‘‘(2) a requirement that recipients and sub-\nrecipients of Federal financial assistance under this chapter develop a transit asset management plan; \n‘‘(3) a requirement that each designated re-\ncipient of Federal financial assistance under this chapter report on the condition of the sys-tem of the recipient and provide a description of any change in condition since the last report; \n‘‘(4) an analytical process or decision support \ntool for use by public transportation systems that— \n‘‘(A) allows for the estimation of capital in-\nvestment needs of such systems over time; and \n‘‘(B) assists with asset investment \nprioritization by such systems; and \n‘‘(5) technical assistance to recipients of Fed-\neral financial assistance under this chapter. \n‘‘(c) P\nERFORMANCE MEASURES AND TARGETS .— \n‘‘(1) I N GENERAL .—Not later than 1 year after \nthe date of enactment of the Federal Public Transportation Act of 2012, the Secretary shall issue a final rule to establish performance meas-ures based on the state of good repair standards established under subsection (b)(1). \n‘‘(2) T\nARGETS .—Not later than 3 months after \nthe date on which the Secretary issues a final rule under paragraph (1), and each fiscal year thereafter, each recipient of Federal financial assistance under this chapter shall establish performance targets in relation to the perform-ance measures established by the Secretary. \n‘‘(3) R\nEPORTS .—Each designated recipient of \nFederal financial assistance under this chapter shall submit to the Secretary an annual report that describes— \n‘‘(A) the progress of the recipient during the \nfiscal year to which the report relates toward meeting the performance targets established under paragraph (2) for that fiscal year; and \n‘‘(B) the performance targets established by \nthe recipient for the subsequent fiscal year. \n‘‘(d) R\nULEMAKING .—Not later than 1 year \nafter the date of enactment of the Federal Pub-lic Transportation Act of 2012, the Secretary shall issue a final rule to implement the transit asset management system described in sub-section (b).’’. \nSEC. 20020. PROJECT MANAGEMENT OVERSIGHT. \nSection 5327 of title 49, United States Code, is \namended— \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00351 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4510 June 28, 2012 \n(1) in subsection (a)— \n(A) in the matter preceding paragraph (1), by \nstriking ‘‘United States’’ and all that follows through ‘‘Secretary of Transportation’’ and in-serting the following: ‘‘Federal financial assist-ance for a major capital project for public trans-portation under this chapter or any other provi-sion of Federal law, a recipient must prepare a project management plan approved by the Sec-retary and carry out the project in accordance with the project management plan’’; and \n(B) in paragraph (12), by striking ‘‘each \nmonth’’ and inserting ‘‘quarterly’’; \n(2) by striking subsections (c), (d), and (f); (3) by inserting after subsection (b) the fol-\nlowing: \n‘‘(c) A\nCCESS TO SITES AND RECORDS .—Each re-\ncipient of Federal financial assistance for public transportation under this chapter or any other provision of Federal law shall provide the Sec-retary and a contractor the Secretary chooses under section 5338(i) with access to the con-struction sites and records of the recipient when reasonably necessary.’’; \n(4) by redesignating subsection (e) as sub-\nsection (d); and \n(5) in subsection (d), as so redesignated— (A) in paragraph (1), by striking ‘‘subsection \n(c) of this section’’ and inserting ‘‘section 5338(i)’’; and \n(B) in paragraph (2)— (i) by striking ‘‘preliminary engineering \nstage’’ and inserting ‘‘project development phase’’; and \n(ii) by striking ‘‘another stage’’ and inserting \n‘‘another phase’’. \nSEC. 20021. PUBLIC TRANSPORTATION SAFETY. \n(a) P UBLIC TRANSPORTATION SAFETY PRO-\nGRAM .—Section 5329 of title 49, United States \nCode, is amended to read as follows: \n‘‘§ 5329. Public transportation safety program \n‘‘(a) D EFINITION .—In this section, the term \n‘recipient’ means a State or local governmental authority, or any other operator of a public transportation system, that receives financial assistance under this chapter. \n‘‘(b) N\nATIONAL PUBLIC TRANSPORTATION SAFE-\nTYPLAN.— \n‘‘(1) I N GENERAL .—The Secretary shall create \nand implement a national public transportation safety plan to improve the safety of all public transportation systems that receive funding under this chapter. \n‘‘(2) C\nONTENTS OF PLAN .—The national public \ntransportation safety plan under paragraph (1) shall include— \n‘‘(A) safety performance criteria for all modes \nof public transportation; \n‘‘(B) the definition of the term ‘state of good \nrepair’ established under section 5326(b); \n‘‘(C) minimum safety performance standards \nfor public transportation vehicles used in rev-enue operations that— \n‘‘(i) do not apply to rolling stock otherwise \nregulated by the Secretary or any other Federal agency; and \n‘‘(ii) to the extent practicable, take into con-\nsideration— \n‘‘(I) relevant recommendations of the National \nTransportation Safety Board; and \n‘‘(II) recommendations of, and best practices \nstandards developed by, the public transpor-tation industry; and \n‘‘(D) a public transportation safety certifi-\ncation training program, as described in sub-section (c). \n‘‘(c) P\nUBLIC TRANSPORTATION SAFETY CER-\nTIFICATION TRAINING PROGRAM .— \n‘‘(1) I N GENERAL .—The Secretary shall estab-\nlish a public transportation safety certification training program for Federal and State employ-ees, or other designated personnel, who conduct safety audits and examinations of public trans-portation systems and employees of public trans-portation agencies directly responsible for safety oversight. \n‘‘(2) I\nNTERIM PROVISIONS .—Not later than 90 \ndays after the date of enactment of the Federal Public Transportation Act of 2012, the Secretary \nshall establish interim provisions for the certifi-cation and training of the personnel described in paragraph (1), which shall be in effect until the effective date of the final rule issued by the Secretary to implement this subsection. \n‘‘(d) P\nUBLIC TRANSPORTATION AGENCY SAFETY \nPLAN.— \n‘‘(1) I N GENERAL .—Effective 1 year after the \neffective date of a final rule issued by the Sec-retary to carry out this subsection, each recipi-ent or State, as described in paragraph (3), shall certify that the recipient or State has estab-lished a comprehensive agency safety plan that includes, at a minimum— \n‘‘(A) a requirement that the board of directors \n(or equivalent entity) of the recipient approve the agency safety plan and any updates to the agency safety plan; \n‘‘(B) methods for identifying and evaluating \nsafety risks throughout all elements of the pub-lic transportation system of the recipient; \n‘‘(C) strategies to minimize the exposure of the \npublic, personnel, and property to hazards and unsafe conditions; \n‘‘(D) a process and timeline for conducting an \nannual review and update of the safety plan of the recipient; \n‘‘(E) performance targets based on the safety \nperformance criteria and state of good repair standards established under subparagraphs (A) and (B), respectively, of subsection (b)(2); \n‘‘(F) assignment of an adequately trained \nsafety officer who reports directly to the general manager, president, or equivalent officer of the recipient; and \n‘‘(G) a comprehensive staff training program \nfor the operations personnel and personnel di-rectly responsible for safety of the recipient that includes— \n‘‘(i) the completion of a safety training pro-\ngram; and \n‘‘(ii) continuing safety education and train-\ning. \n‘‘(2) I\nNTERIM AGENCY SAFETY PLAN .—A system \nsafety plan developed pursuant to part 659 of title 49, Code of Federal Regulations, as in effect on the date of enactment of the Federal Public Transportation Act of 2012, shall remain in ef-fect until such time as this subsection takes ef-fect. \n‘‘(3) P\nUBLIC TRANSPORTATION AGENCY SAFETY \nPLAN DRAFTING AND CERTIFICATION .— \n‘‘(A) S ECTION 5311 .—For a recipient receiving \nassistance under section 5311, a State safety plan may be drafted and certified by the recipi-ent or a State. \n‘‘(B) S\nECTION 5307 .—Not later than 120 days \nafter the date of enactment of the Federal Pub-lic Transportation Act of 2012, the Secretary shall issue a rule designating recipients of as-sistance under section 5307 that are small public transportation providers or systems that may have their State safety plans drafted or certified by a State. \n‘‘(e) S\nTATE SAFETY OVERSIGHT PROGRAM .— \n‘‘(1) A PPLICABILITY .—This subsection applies \nonly to eligible States. \n‘‘(2) D EFINITION .—In this subsection, the term \n‘eligible State’ means a State that has— \n‘‘(A) a rail fixed guideway public transpor-\ntation system within the jurisdiction of the State that is not subject to regulation by the Federal Railroad Administration; or \n‘‘(B) a rail fixed guideway public transpor-\ntation system in the engineering or construction phase of development within the jurisdiction of the State that will not be subject to regulation by the Federal Railroad Administration. \n‘‘(3) I\nN GENERAL .—In order to obligate funds \napportioned under section 5338 to carry out this chapter, effective 3 years after the date on which a final rule under this subsection becomes effective, an eligible State shall have in effect a State safety oversight program approved by the Secretary under which the State— \n‘‘(A) assumes responsibility for overseeing rail \nfixed guideway public transportation safety; ‘‘(B) adopts and enforces Federal and rel-\nevant State laws on rail fixed guideway public transportation safety; \n‘‘(C) establishes a State safety oversight agen-\ncy; \n‘‘(D) determines, in consultation with the Sec-\nretary, an appropriate staffing level for the State safety oversight agency that is commensu-rate with the number, size, and complexity of the rail fixed guideway public transportation systems in the eligible State; \n‘‘(E) requires that employees and other des-\nignated personnel of the eligible State safety oversight agency who are responsible for rail fixed guideway public transportation safety oversight are qualified to perform such func-tions through appropriate training, including successful completion of the public transpor-tation safety certification training program es-tablished under subsection (c); and \n‘‘(F) prohibits any public transportation \nagency from providing funds to the State safety oversight agency or an entity designated by the eligible State as the State safety oversight agen-cy under paragraph (4). \n‘‘(4) S\nTATE SAFETY OVERSIGHT AGENCY .— \n‘‘(A) I N GENERAL .—Each State safety over-\nsight program shall establish a State safety oversight agency that— \n‘‘(i) is financially and legally independent \nfrom any public transportation entity that the State safety oversight agency oversees; \n‘‘(ii) does not directly provide public transpor-\ntation services in an area with a rail fixed guideway public transportation system subject to the requirements of this section; \n‘‘(iii) does not employ any individual who is \nalso responsible for the administration of rail fixed guideway public transportation programs subject to the requirements of this section; \n‘‘(iv) has the authority to review, approve, \noversee, and enforce the implementation by the rail fixed guideway public transportation agen-cy of the public transportation agency safety plan required under subsection (d); \n‘‘(v) has investigative and enforcement au-\nthority with respect to the safety of rail fixed guideway public transportation systems of the eligible State; \n‘‘(vi) audits, at least once triennially, the \ncompliance of the rail fixed guideway public transportation systems in the eligible State sub-ject to this subsection with the public transpor-tation agency safety plan required under sub-section (d); and \n‘‘(vii) provides, at least once annually, a sta-\ntus report on the safety of the rail fixed guide-way public transportation systems the State safety oversight agency oversees to— \n‘‘(I) the Federal Transit Administration; \n‘‘(II) the Governor of the eligible State; and ‘‘(III) the board of directors, or equivalent en-\ntity, of any rail fixed guideway public transpor-tation system that the State safety oversight agency oversees. \n‘‘(B) W\nAIVER .—At the request of an eligible \nState, the Secretary may waive clauses (i) and (iii) of subparagraph (A) for eligible States with 1 or more rail fixed guideway systems in revenue operations, design, or construction, that— \n‘‘(i) have fewer than 1,000,000 combined actual \nand projected rail fixed guideway revenue miles per year; or \n‘‘(ii) provide fewer than 10,000,000 combined \nactual and projected unlinked passenger trips per year. \n‘‘(5) P\nROGRAMS FOR MULTI -STATE RAIL FIXED \nGUIDEWAY PUBLIC TRANSPORTATION SYSTEMS .— \nAn eligible State that has within the jurisdiction of the eligible State a rail fixed guideway public transportation system that operates in more than 1 eligible State shall— \n‘‘(A) jointly with all other eligible States in \nwhich the rail fixed guideway public transpor-tation system operates, ensure uniform safety standards and enforcement procedures that shall be in compliance with this section, and es-tablish and implement a State safety oversight program approved by the Secretary; or \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00352 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4511 June 28, 2012 \n‘‘(B) jointly with all other eligible States in \nwhich the rail fixed guideway public transpor-tation system operates, designate an entity hav-ing characteristics consistent with the charac-teristics described in paragraph (3) to carry out the State safety oversight program approved by the Secretary. \n‘‘(6) G\nRANTS .— \n‘‘(A) I N GENERAL .—The Secretary shall make \ngrants to eligible States to develop or carry out State safety oversight programs under this sub-section. Grant funds may be used for program operational and administrative expenses, in-cluding employee training activities. \n‘‘(B) A\nPPORTIONMENT .— \n‘‘(i) F ORMULA .—The amount made available \nfor State safety oversight under section 5336(h) shall be apportioned among eligible States under a formula to be established by the Secretary. Such formula shall take into account fixed guideway vehicle revenue miles, fixed guideway route miles, and fixed guideway vehicle pas-senger miles attributable to all rail fixed guide-way systems not subject to regulation by the Federal Railroad Administration within each el-igible State. \n‘‘(ii) A\nDMINISTRATIVE REQUIREMENTS .—Grant \nfunds apportioned to States under this para-graph shall be subject to uniform administrative requirements for grants and cooperative agree-ments to State and local governments under part 18 of title 49, Code of Federal Regulations, and shall be subject to the requirements of this chap-ter as the Secretary determines appropriate. \n‘‘(C) G\nOVERNMENT SHARE .— \n‘‘(i) I N GENERAL .—The Government share of \nthe reasonable cost of a State safety oversight program developed or carried out using a grant under this paragraph shall be 80 percent. \n‘‘(ii) I\nN-KIND CONTRIBUTIONS .—Any calcula-\ntion of the non-Government share of a State safety oversight program shall include in-kind contributions by an eligible State. \n‘‘(iii) N\nON-GOVERNMENT SHARE .—The non- \nGovernment share of the cost of a State safety oversight program developed or carried out using a grant under this paragraph may not be met by— \n‘‘(I) any Federal funds; ‘‘(II) any funds received from a public trans-\nportation agency; or \n‘‘(III) any revenues earned by a public trans-\nportation agency. \n‘‘(iv) S\nAFETY TRAINING PROGRAM .—Recipients \nof funds made available to carry out sections 5307 and 5311 may use not more than 0.5 percent of their formula funds to pay not more than 80 percent of the cost of participation in the public transportation safety certification training pro-gram established under subsection (c), by an em-ployee of a State safety oversight agency or a recipient who is directly responsible for safety oversight. \n‘‘(7) C\nERTIFICATION PROCESS .— \n‘‘(A) I N GENERAL .—Not later than 1 year after \nthe date of enactment of the Federal Public Transportation Act of 2012, the Secretary shall determine whether or not each State safety over-sight program meets the requirements of this subsection and the State safety oversight pro-gram is adequate to promote the purposes of this section. \n‘‘(B) I\nSSUANCE OF CERTIFICATIONS AND DENI -\nALS.—The Secretary shall issue a certification to \neach eligible State that the Secretary determines under subparagraph (A) adequately meets the requirements of this subsection, and shall issue a denial of certification to each eligible State that the Secretary determines under subpara-graph (A) does not adequately meet the require-ments of this subsection. \n‘‘(C) D\nISAPPROVAL .—If the Secretary deter-\nmines that a State safety oversight program does not meet the requirements of this subsection and denies certification, the Secretary shall transmit to the eligible State a written explanation and allow the eligible State to modify and resubmit the State safety oversight program for approval. ‘‘(D) F\nAILURE TO CORRECT .—If the Secretary \ndetermines that a modification by an eligible State of the State safety oversight program is not sufficient to certify the program, the Sec-retary— \n‘‘(i) shall notify the Governor of the eligible \nState of such denial of certification and failure to adequately modify the program, and shall re-quest that the Governor take all possible actions to correct deficiencies in the program to ensure the certification of the program; and \n‘‘(ii) may— ‘‘(I) withhold funds available under para-\ngraph (6) in an amount determined by the Sec-retary; \n‘‘(II) withhold not more than 5 percent of the \namount required to be appropriated for use in a State or urbanized area in the State under sec-tion 5307 of this title, until the State safety over-sight program has been certified; or \n‘‘(III) require fixed guideway public transpor-\ntation systems under such State safety oversight program to provide up to 100 percent of Federal assistance made available under this chapter only for safety-related improvements on such systems, until the State safety oversight program has been certified. \n‘‘(8) E\nVALUATION OF PROGRAM AND ANNUAL \nREPORT .—The Secretary shall continually evalu-\nate the implementation of a State safety over-sight program by a State safety oversight agen-cy, and shall submit on or before July 1 of each year to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Com-mittee on Transportation and Infrastructure of the House of Representatives a report on— \n‘‘(A) the amount of funds apportioned to each \neligible State; and \n‘‘(B) the certification status of each State \nsafety oversight program, including what steps a State program that has been denied certifi-cation must take in order to be certified. \n‘‘(9) F\nEDERAL OVERSIGHT .—The Secretary \nshall— \n‘‘(A) oversee the implementation of each State \nsafety oversight program under this subsection; \n‘‘(B) audit the operations of each State safety \noversight agency at least once triennially; and \n‘‘(C) issue rules to carry out this subsection. ‘‘(f) A\nUTHORITY OF SECRETARY .—In carrying \nout this section, the Secretary may— \n‘‘(1) conduct inspections, investigations, au-\ndits, examinations, and testing of the equip-ment, facilities, rolling stock, and operations of the public transportation system of a recipient; \n‘‘(2) make reports and issue directives with re-\nspect to the safety of the public transportation system of a recipient; \n‘‘(3) in conjunction with an accident inves-\ntigation or an investigation into a pattern or practice of conduct that negatively affects pub-lic safety, issue a subpoena to, and take the deposition of, any employee of a recipient or a State safety oversight agency, if— \n‘‘(A) before the issuance of the subpoena, the \nSecretary requests a determination by the Attor-ney General of the United States as to whether the subpoena will interfere with an ongoing criminal investigation; and \n‘‘(B) the Attorney General— ‘‘(i) determines that the subpoena will not \ninterfere with an ongoing criminal investiga-tion; or \n‘‘(ii) fails to make a determination under \nclause (i) before the date that is 30 days after the date on which the Secretary makes a request under subparagraph (A); \n‘‘(4) require the production of documents by, \nand prescribe recordkeeping and reporting re-quirements for, a recipient or a State safety oversight agency; \n‘‘(5) investigate public transportation acci-\ndents and incidents and provide guidance to re-cipients regarding prevention of accidents and incidents; \n‘‘(6) at reasonable times and in a reasonable \nmanner, enter and inspect equipment, facilities, rolling stock, operations, and relevant records of the public transportation system of a recipient; \nand \n‘‘(7) issue rules to carry out this section. ‘‘(g) E\nNFORCEMENT ACTIONS .— \n‘‘(1) T YPES OF ENFORCEMENT ACTIONS .—The \nSecretary may take enforcement action against an eligible State, as defined in subsection (e), that does not comply with Federal law with re-spect to the safety of the public transportation system, including— \n‘‘(A) issuing directives; ‘‘(B) requiring more frequent oversight of the \nrecipient by a State safety oversight agency or the Secretary; \n‘‘(C) imposing more frequent reporting re-\nquirements; and \n‘‘(D) requiring that any Federal financial as-\nsistance provided under this chapter be spent on correcting safety deficiencies identified by the Secretary or the State safety oversight agency before such funds are spent on other projects. \n‘‘(2) U\nSE OR WITHHOLDING OF FUNDS .— \n‘‘(A) I N GENERAL .—The Secretary may require \nthe use of funds in accordance with paragraph (1)(D) only if the Secretary finds that a recipi-ent is engaged in a pattern or practice of serious safety violations or has otherwise refused to comply with Federal law relating to the safety of the public transportation system. \n‘‘(B) N\nOTICE .—Before withholding funds from \na recipient, the Secretary shall provide to the re-cipient— \n‘‘(i) written notice of a violation and the \namount proposed to be withheld; and \n‘‘(ii) a reasonable period of time within which \nthe recipient may address the violation or pro-pose and initiate an alternative means of com-pliance that the Secretary determines is accept-able. \n‘‘(h) C\nOST-BENEFIT ANALYSIS .— \n‘‘(1) A NALYSIS REQUIRED .—In carrying out \nthis section, the Secretary shall take into con-sideration the costs and benefits of each action the Secretary proposes to take under this sec-tion. \n‘‘(2) W\nAIVER .—The Secretary may waive the \nrequirement under this subsection if the Sec-retary determines that such a waiver is in the public interest. \n‘‘(i) C\nONSULTATION BY THE SECRETARY OF \nHOMELAND SECURITY .—The Secretary of Home-\nland Security shall consult with the Secretary of Transportation before the Secretary of Home-land Security issues a rule or order that the Sec-retary of Transportation determines affects the safety of public transportation design, construc-tion, or operations. \n‘‘(j) A\nCTIONS UNDER STATE LAW.— \n‘‘(1) R ULE OF CONSTRUCTION .—Nothing in this \nsection shall be construed to preempt an action under State law seeking damages for personal injury, death, or property damage alleging that a party has failed to comply with— \n‘‘(A) a Federal standard of care established by \na regulation or order issued by the Secretary under this section; or \n‘‘(B) its own program, rule, or standard that \nit created pursuant to a rule or order issued by the Secretary. \n‘‘(2) E\nFFECTIVE DATE .—This subsection shall \napply to any cause of action under State law arising from an event or activity occurring on or after the date of enactment of the Federal Pub-lic Transportation Act of 2012. \n‘‘(3) J\nURISDICTION .—Nothing in this section \nshall be construed to create a cause of action under Federal law on behalf of an injured party or confer Federal question jurisdiction for a State law cause of action. \n‘‘(k) N\nATIONAL PUBLIC TRANSPORTATION SAFE-\nTYREPORT .—Not later than 3 years after the \ndate of enactment of the Federal Public Trans-portation Act of 2012, the Secretary shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that— \n‘‘(1) analyzes public transportation safety \ntrends among the States and documents the \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00353 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4512 June 28, 2012 \nmost effective safety programs implemented \nusing grants under this section; and \n‘‘(2) describes the effect on public transpor-\ntation safety of activities carried out using grants under this section.’’. \n(b) B\nUSSAFETY STUDY .— \n(1) D EFINITION .—In this subsection, the term \n‘‘highway route’’ means a route where 50 per-cent or more of the route is on roads having a speed limit of more than 45 miles per hour. \n(2) S\nTUDY .—Not later than 180 days after the \ndate of enactment of this Act, the Secretary of Transportation shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representa-tives a report that— \n(A) examines the safety of public transpor-\ntation buses that travel on highway routes; \n(B) examines laws and regulations that apply \nto commercial over-the-road buses; and \n(C) makes recommendations as to whether ad-\nditional safety measures should be required for public transportation buses that travel on high-way routes. \nSEC. 20022. ALCOHOL AND CONTROLLED SUB-\nSTANCES TESTING. \nSection 5331 of title 49, United States Code, is \namended by striking subsection (g) and inserting the following: \n‘‘(g) C\nONDITIONS ON FEDERAL ASSISTANCE .— \n‘‘(1) I NELIGIBILITY FOR ASSISTANCE .—A person \nthat receives funds under this chapter is not eli-gible for financial assistance under section 5307, 5309, or 5311 of this title if the person is re-quired, under regulations the Secretary pre-scribes under this section, to establish a program of alcohol and controlled substances testing and does not establish the program in accordance with this section. \n‘‘(2) A\nDDITIONAL REMEDIES .—If the Secretary \ndetermines that a person that receives funds under this chapter is not in compliance with regulations prescribed under this section, the Secretary may bar the person from receiving Federal transit assistance in an amount the Sec-retary considers appropriate.’’. \nSEC. 20023. NONDISCRIMINATION. \n(a) A MENDMENTS .—Section 5332 of title 49, \nUnited States Code, is amended— \n(1) in subsection (b)— (A) by striking ‘‘creed’’ and inserting ‘‘reli-\ngion’’; and \n(B) by inserting ‘‘disability,’’ after ‘‘sex,’’; \nand \n(2) in subsection (d)(3), by striking ‘‘and’’ and \ninserting ‘‘or’’. \n(b) E\nVALUATION AND REPORT .— \n(1) E VALUATION .—The Comptroller General of \nthe United States shall evaluate the progress and effectiveness of the Federal Transit Admin-istration in assisting recipients of assistance under chapter 53 of title 49, United States Code, to comply with section 5332(b) of title 49, includ-ing— \n(A) by reviewing discrimination complaints, \nreports, and other relevant information collected or prepared by the Federal Transit Administra-tion or recipients of assistance from the Federal Transit Administration pursuant to any appli-cable civil rights statute, regulation, or other re-quirement; and \n(B) by reviewing the process that the Federal \nTransit Administration uses to resolve discrimi-nation complaints filed by members of the pub-lic. \n(2) R\nEPORT .—Not later than 1 year after the \ndate of enactment of this Act, the Comptroller General shall submit to the Committee on Bank-ing, Housing, and Urban Affairs of the Senate and the Committee on Transportation and In-frastructure of the House of Representatives a report concerning the evaluation under para-graph (1) that includes— \n(A) a description of the ability of the Federal \nTransit Administration to address discrimina-tion and foster equal opportunities in federally funded public transportation projects, programs, \nand activities; \n(B) recommendations for improvements if the \nComptroller General determines that improve-ments are necessary; and \n(C) information upon which the evaluation \nunder paragraph (1) is based. \nSEC. 20024. ADMINISTRATIVE PROVISIONS. \nSection 5334 of title 49, United States Code, is \namended— \n(1) in subsection (a)(1), by striking ‘‘under \nsections 5307 and 5309–5311 of this title’’ and in-serting ‘‘that receives Federal financial assist-ance under this chapter’’; \n(2) in subsection (b)(1)— (A) by inserting after ‘‘emergency,’’ the fol-\nlowing: ‘‘or for purposes of establishing and en-forcing a program to improve the safety of pub-lic transportation systems in the United States as described in section 5329,’’; and \n(B) by striking ‘‘chapter, nor may the Sec-\nretary’’ and inserting ‘‘chapter. The Secretary may not’’; \n(3) in subsection (c)(4), by striking ‘‘section \n(except subsection (i)) and sections 5318(e), 5323(a)(2), 5325(a), 5325(b), and 5325(f)’’ and in-serting ‘‘subsection’’; \n(4) in subsection (h)(3), by striking ‘‘another’’ \nand inserting ‘‘any other’’; \n(5) in subsection (i)(1), by striking ‘‘title 23 \nshall’’ and inserting ‘‘title 23 may’’; \n(6) by striking subsection (j); and (7) by redesignating subsections (k) and (l) as \nsubsections (j) and (k), respectively. \nSEC. 20025. NATIONAL TRANSIT DATABASE. \n(a) A MENDMENTS .—Section 5335 of title 49, \nUnited States Code, is amended— \n(1) in subsection (a), by striking ‘‘public \ntransportation financial and operating informa-tion’’ and inserting ‘‘public transportation fi-nancial, operating, and asset condition informa-tion’’; and \n(2) by adding at the end the following: ‘‘(c) D\nATAREQUIRED TO BEREPORTED .—The \nrecipient of a grant under this chapter shall re-port to the Secretary, for inclusion in the Na-tional Transit Database, any information relat-ing to a transit asset inventory or condition as-sessment conducted by the recipient.’’. \n(b) D\nATA ACCURACY AND RELIABILITY .—The \nSecretary shall— \n(1) develop and implement appropriate inter-\nnal control activities to ensure that public transportation safety incident data is reported accurately and reliably by public transportation systems and State safety oversight agencies to the State Safety Oversight Rail Accident Data-base; and \n(2) report to the Committee on Banking, Hous-\ning, and Urban Affairs of the Senate and the Committee on Transportation and Infrastruc-ture of the House of Representatives within 1 year of enactment of the Federal Public Trans-portation Act of 2012 on the steps taken to im-prove the accuracy and reliability of public transportation safety incident data reported to the State Safety Oversight Rail Accident Data-base. \nSEC. 20026. APPORTIONMENT OF APPROPRIA-\nTIONS FOR FORMULA GRANTS. \nSection 5336 of title 49, United States Code, is \namended to read as follows: \n‘‘§ 5336. Apportionment of appropriations for \nformula grants \n‘‘(a) B ASED ON URBANIZED AREA POPU-\nLATION .—Of the amount apportioned under sub-\nsection (h)(4) to carry out section 5307— \n‘‘(1) 9.32 percent shall be apportioned each fis-\ncal year only in urbanized areas with a popu-lation of less than 200,000 so that each of those areas is entitled to receive an amount equal to— \n‘‘(A) 50 percent of the total amount appor-\ntioned multiplied by a ratio equal to the popu-lation of the area divided by the total popu-lation of all urbanized areas with populations of less than 200,000 as shown in the most recent de-cennial census; and ‘‘(B) 50 percent of the total amount appor-\ntioned multiplied by a ratio for the area based on population weighted by a factor, established by the Secretary, of the number of inhabitants in each square mile; and \n‘‘(2) 90.68 percent shall be apportioned each \nfiscal year only in urbanized areas with popu-lations of at least 200,000 as provided in sub-sections (b) and (c) of this section. \n‘‘(b) B\nASED ON FIXED GUIDEWAY VEHICLE \nREVENUE MILES, DIRECTIONAL ROUTE MILES, \nANDPASSENGER MILES.—(1) In this subsection, \n‘fixed guideway vehicle revenue miles’ and ‘fixed guideway directional route miles’ include passenger ferry operations directly or under contract by the designated recipient. \n‘‘(2) Of the amount apportioned under sub-\nsection (a)(2) of this section, 33.29 percent shall be apportioned as follows: \n‘‘(A) 95.61 percent of the total amount appor-\ntioned under this subsection shall be appor-tioned so that each urbanized area with a popu-lation of at least 200,000 is entitled to receive an amount equal to— \n‘‘(i) 60 percent of the 95.61 percent appor-\ntioned under this subparagraph multiplied by a ratio equal to the number of fixed guideway ve-hicle revenue miles attributable to the area, as established by the Secretary, divided by the total number of all fixed guideway vehicle rev-enue miles attributable to all areas; and \n‘‘(ii) 40 percent of the 95.61 percent appor-\ntioned under this subparagraph multiplied by a ratio equal to the number of fixed guideway di-rectional route miles attributable to the area, es-\ntablished by the Secretary, divided by the total number of all fixed guideway directional route miles attributable to all areas. \nAn urbanized area with a population of at least \n750,000 in which commuter rail transportation is provided shall receive at least .75 percent of the total amount apportioned under this subpara-graph. \n‘‘(B) 4.39 percent of the total amount appor-\ntioned under this subsection shall be appor-tioned so that each urbanized area with a popu-lation of at least 200,000 is entitled to receive an amount equal to— \n‘‘(i) the number of fixed guideway vehicle pas-\nsenger miles traveled multiplied by the number of fixed guideway vehicle passenger miles trav-eled for each dollar of operating cost in an area; divided by \n‘‘(ii) the total number of fixed guideway vehi-\ncle passenger miles traveled multiplied by the total number of fixed guideway vehicle pas-senger miles traveled for each dollar of oper-ating cost in all areas. \nAn urbanized area with a population of at least \n750,000 in which commuter rail transportation is provided shall receive at least .75 percent of the total amount apportioned under this subpara-graph. \n‘‘(C) Under subparagraph (A) of this para-\ngraph, fixed guideway vehicle revenue or direc-tional route miles, and passengers served on those miles, in an urbanized area with a popu-lation of less than 200,000, where the miles and passengers served otherwise would be attrib-utable to an urbanized area with a population of at least 1,000,000 in an adjacent State, are at-tributable to the governmental authority in the State in which the urbanized area with a popu-lation of less than 200,000 is located. The au-thority is deemed an urbanized area with a pop-ulation of at least 200,000 if the authority makes a contract for the service. \n‘‘(D) A recipient’s apportionment under sub-\nparagraph (A)(i) of this paragraph may not be reduced if the recipient, after satisfying the Sec-retary that energy or operating efficiencies would be achieved, reduces vehicle revenue miles but provides the same frequency of rev-enue service to the same number of riders. \n‘‘(E) For purposes of subparagraph (A) and \nsection 5337(c)(3), the Secretary shall deem to be attributable to an urbanized area not less than 22.27 percent of the fixed guideway vehicle rev-enue miles or fixed guideway directional route \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00354 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4513 June 28, 2012 \nmiles in the public transportation system of a re-\ncipient that are located outside the urbanized area for which the recipient receives funds, in addition to the fixed guideway vehicle revenue miles or fixed guideway directional route miles of the recipient that are located inside the ur-banized area. \n‘‘(c) B\nASED ON BUSVEHICLE REVENUE MILES \nANDPASSENGER MILES.—Of the amount appor-\ntioned under subsection (a)(2) of this section, 66.71 percent shall be apportioned as follows: \n‘‘(1) 90.8 percent of the total amount appor-\ntioned under this subsection shall be appor-tioned as follows: \n‘‘(A) 73.39 percent of the 90.8 percent appor-\ntioned under this paragraph shall be appor-tioned so that each urbanized area with a popu-lation of at least 1,000,000 is entitled to receive an amount equal to— \n‘‘(i) 50 percent of the 73.39 percent appor-\ntioned under this subparagraph multiplied by a ratio equal to the total bus vehicle revenue miles operated in or directly serving the urbanized area divided by the total bus vehicle revenue miles attributable to all areas; \n‘‘(ii) 25 percent of the 73.39 percent appor-\ntioned under this subparagraph multiplied by a ratio equal to the population of the area divided by the total population of all areas, as shown in the most recent decennial census; and \n‘‘(iii) 25 percent of the 73.39 percent appor-\ntioned under this subparagraph multiplied by a ratio for the area based on population weighted by a factor, established by the Secretary, of the number of inhabitants in each square mile. \n‘‘(B) 26.61 percent of the 90.8 percent appor-\ntioned under this paragraph shall be appor-tioned so that each urbanized area with a popu-lation of at least 200,000 but not more than 999,999 is entitled to receive an amount equal to— \n‘‘(i) 50 percent of the 26.61 percent appor-\ntioned under this subparagraph multiplied by a ratio equal to the total bus vehicle revenue miles operated in or directly serving the urbanized area divided by the total bus vehicle revenue miles attributable to all areas; \n‘‘(ii) 25 percent of the 26.61 percent appor-\ntioned under this subparagraph multiplied by a ratio equal to the population of the area divided by the total population of all areas, as shown by the most recent decennial census; and \n‘‘(iii) 25 percent of the 26.61 percent appor-\ntioned under this subparagraph multiplied by a ratio for the area based on population weighted by a factor, established by the Secretary, of the number of inhabitants in each square mile. \n‘‘(2) 9.2 percent of the total amount appor-\ntioned under this subsection shall be appor-tioned so that each urbanized area with a popu-lation of at least 200,000 is entitled to receive an amount equal to— \n‘‘(A) the number of bus passenger miles trav-\neled multiplied by the number of bus passenger miles traveled for each dollar of operating cost in an area; divided by \n‘‘(B) the total number of bus passenger miles \ntraveled multiplied by the total number of bus passenger miles traveled for each dollar of oper-ating cost in all areas. \n‘‘(d) D\nATE OF APPORTIONMENT .—The Sec-\nretary shall— \n‘‘(1) apportion amounts appropriated under \nsection 5338(a)(2)(C) of this title to carry out section 5307 of this title not later than the 10th day after the date the amounts are appropriated or October 1 of the fiscal year for which the amounts are appropriated, whichever is later; and \n‘‘(2) publish apportionments of the amounts, \nincluding amounts attributable to each urban-ized area with a population of more than 50,000 and amounts attributable to each State of a multistate urbanized area, on the apportionment date. \n‘‘(e) A\nMOUNTS NOTAPPORTIONED TO DES-\nIGNATED RECIPIENTS .—The Governor of a State \nmay expend in an urbanized area with a popu-lation of less than 200,000 an amount appor-\ntioned under this section that is not apportioned to a designated recipient, as defined in section 5302(4). \n‘‘(f) T\nRANSFERS OF APPORTIONMENTS .—(1) The \nGovernor of a State may transfer any part of the State’s apportionment under subsection (a)(1) of this section to supplement amounts ap-portioned to the State under section 5311(c)(3). The Governor may make a transfer only after consulting with responsible local officials and publicly owned operators of public transpor-tation in each area for which the amount origi-nally was apportioned under this section. \n‘‘(2) The Governor of a State may transfer any \npart of the State’s apportionment under section 5311(c)(3) to supplement amounts apportioned to the State under subsection (a)(1) of this section. \n‘‘(3) The Governor of a State may use \nthroughout the State amounts of a State’s ap-portionment remaining available for obligation at the beginning of the 90-day period before the period of the availability of the amounts expires. \n‘‘(4) A designated recipient for an urbanized \narea with a population of at least 200,000 may transfer a part of its apportionment under this section to the Governor of a State. The Governor shall distribute the transferred amounts to ur-banized areas under this section. \n‘‘(5) Capital and operating assistance limita-\ntions applicable to the original apportionment apply to amounts transferred under this sub-section. \n‘‘(g) P\nERIOD OF AVAILABILITY TO RECIPI-\nENTS.—An amount apportioned under this sec-\ntion may be obligated by the recipient for 5 years after the fiscal year in which the amount is apportioned. Not later than 30 days after the end of the 5-year period, an amount that is not obligated at the end of that period shall be added to the amount that may be apportioned under this section in the next fiscal year. \n‘‘(h) A\nPPORTIONMENTS .—Of the amounts made \navailable for each fiscal year under section 5338(a)(2)(C)— \n‘‘(1) $30,000,000 shall be set aside to carry out \nsection 5307(h); \n‘‘(2) 3.07 percent shall be apportioned to ur-\nbanized areas in accordance with subsection (j); \n‘‘(3) of amounts not apportioned under para-\ngraphs (1) and (2), 1.5 percent shall be appor-tioned to urbanized areas with populations of less than 200,000 in accordance with subsection (i); \n‘‘(4) 0.5 percent shall be apportioned to eligi-\nble States for State safety oversight program grants in accordance with section 5329(e)(6); and \n‘‘(5) any amount not apportioned under para-\ngraphs (1), (2), (3), and (4) shall be apportioned to urbanized areas in accordance with sub-sections (a) through (c). \n‘‘(i) S\nMALL TRANSIT INTENSIVE CITIES FOR-\nMULA .— \n‘‘(1) D EFINITIONS .—In this subsection, the fol-\nlowing definitions apply: \n‘‘(A) E LIGIBLE AREA .—The term ‘eligible area’ \nmeans an urbanized area with a population of less than 200,000 that meets or exceeds in one or more performance categories the industry aver-age for all urbanized areas with a population of at least 200,000 but not more than 999,999, as de-termined by the Secretary in accordance with subsection (c)(2). \n‘‘(B) P\nERFORMANCE CATEGORY .—The term \n‘performance category’ means each of the fol-lowing: \n‘‘(i) Passenger miles traveled per vehicle rev-\nenue mile. \n‘‘(ii) Passenger miles traveled per vehicle rev-\nenue hour. \n‘‘(iii) Vehicle revenue miles per capita. ‘‘(iv) Vehicle revenue hours per capita. ‘‘(v) Passenger miles traveled per capita. ‘‘(vi) Passengers per capita. ‘‘(2) A\nPPORTIONMENT .— \n‘‘(A) A PPORTIONMENT FORMULA .—The amount \nto be apportioned under subsection (h)(3) shall be apportioned among eligible areas in the ratio \nthat— \n‘‘(i) the number of performance categories for \nwhich each eligible area meets or exceeds the in-dustry average in urbanized areas with a popu-lation of at least 200,000 but not more than 999,999; bears to \n‘‘(ii) the aggregate number of performance \ncategories for which all eligible areas meet or ex-ceed the industry average in urbanized areas with a population of at least 200,000 but not more than 999,999. \n‘‘(B) D\nATA USED IN FORMULA .—The Secretary \nshall calculate apportionments under this sub-section for a fiscal year using data from the na-tional transit database used to calculate appor-tionments for that fiscal year under this section. \n‘‘(j) A\nPPORTIONMENT FORMULA .—The amounts \napportioned under subsection (h)(2) shall be ap-portioned among urbanized areas as follows: \n‘‘(1) 75 percent of the funds shall be appor-\ntioned among designated recipients for urban-ized areas with a population of 200,000 or more in the ratio that— \n‘‘(A) the number of eligible low-income indi-\nviduals in each such urbanized area; bears to \n‘‘(B) the number of eligible low-income indi-\nviduals in all such urbanized areas. \n‘‘(2) 25 percent of the funds shall be appor-\ntioned among designated recipients for urban-ized areas with a population of less than 200,000 in the ratio that— \n‘‘(A) the number of eligible low-income indi-\nviduals in each such urbanized area; bears to \n‘‘(B) the number of eligible low-income indi-\nviduals in all such urbanized areas.’’. \nSEC. 20027. STATE OF GOOD REPAIR GRANTS. \nSection 5337 of title 49, United States Code, is \namended to read as follows: \n‘‘§ 5337. State of good repair grants \n‘‘(a) D EFINITIONS .—In this section, the fol-\nlowing definitions shall apply: \n‘‘(1) F IXED GUIDEWAY .—The term ‘fixed guide-\nway’ means a public transportation facility— \n‘‘(A) using and occupying a separate right-of- \nway for the exclusive use of public transpor-tation; \n‘‘(B) using rail; ‘‘(C) using a fixed catenary system; ‘‘(D) for a passenger ferry system; or ‘‘(E) for a bus rapid transit system. ‘‘(2) S\nTATE.—The term ‘State’ means the 50 \nStates, the District of Columbia, and Puerto Rico. \n‘‘(3) S\nTATE OF GOOD REPAIR .—The term ‘state \nof good repair’ has the meaning given that term by the Secretary, by rule, under section 5326(b). \n‘‘(4) T\nRANSIT ASSET MANAGEMENT PLAN .—The \nterm ‘transit asset management plan’ means a plan developed by a recipient of funding under this chapter that— \n‘‘(A) includes, at a minimum, capital asset in-\nventories and condition assessments, decision support tools, and investment prioritization; and \n‘‘(B) the recipient certifies that the recipient \ncomplies with the rule issued under section 5326(d). \n‘‘(b) G\nENERAL AUTHORITY .— \n‘‘(1) E LIGIBLE PROJECTS .—The Secretary may \nmake grants under this section to assist State and local governmental authorities in financing capital projects to maintain public transpor-tation systems in a state of good repair, includ-ing projects to replace and rehabilitate— \n‘‘(A) rolling stock; ‘‘(B) track; ‘‘(C) line equipment and structures; ‘‘(D) signals and communications; ‘‘(E) power equipment and substations; ‘‘(F) passenger stations and terminals; ‘‘(G) security equipment and systems; ‘‘(H) maintenance facilities and equipment; ‘‘(I) operational support equipment, including \ncomputer hardware and software; \n‘‘(J) development and implementation of a \ntransit asset management plan; and \n‘‘(K) other replacement and rehabilitation \nprojects the Secretary determines appropriate. \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00355 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4514 June 28, 2012 \n‘‘(2) I NCLUSION IN PLAN .—A recipient shall in-\nclude a project carried out under paragraph (1) in the transit asset management plan of the re-cipient upon completion of the plan. \n‘‘(c) H\nIGHINTENSITY FIXED GUIDEWAY STATE \nOFGOODREPAIR FORMULA .— \n‘‘(1) I N GENERAL .—Of the amount authorized \nor made available under section 5338(a)(2)(I), 97.15 percent shall be apportioned to recipients in accordance with this subsection. \n‘‘(2) A\nREA SHARE .— \n‘‘(A) I N GENERAL .—50 percent of the amount \ndescribed in paragraph (1) shall be apportioned for fixed guideway systems in accordance with this paragraph. \n‘‘(B) S\nHARE .—A recipient shall receive an \namount equal to the amount described in sub-paragraph (A), multiplied by the amount the re-cipient would have received under this section, as in effect for fiscal year 2011, if the amount had been calculated in accordance with section 5336(b)(1) and using the definition of the term ‘fixed guideway’ under subsection (a) of this section, as such sections are in effect on the day after the date of enactment of the Federal Pub-lic Transportation Act of 2012, and divided by the total amount apportioned for all areas under this section for fiscal year 2011. \n‘‘(C) R\nECIPIENT .—For purposes of this para-\ngraph, the term ‘recipient’ means an entity that received funding under this section, as in effect for fiscal year 2011. \n‘‘(3) V\nEHICLE REVENUE MILES AND DIREC -\nTIONAL ROUTE MILES .— \n‘‘(A) I N GENERAL .—50 percent of the amount \ndescribed in paragraph (1) shall be apportioned to recipients in accordance with this paragraph. \n‘‘(B) V\nEHICLE REVENUE MILES .—A recipient in \nan urbanized area shall receive an amount equal to 60 percent of the amount described in subparagraph (A), multiplied by the number of fixed guideway vehicle revenue miles attrib-utable to the urbanized area, as established by the Secretary, divided by the total number of all fixed guideway vehicle revenue miles attrib-utable to all urbanized areas. \n‘‘(C) D\nIRECTIONAL ROUTE MILES .—A recipient \nin an urbanized area shall receive an amount equal to 40 percent of the amount described in subparagraph (A), multiplied by the number of fixed guideway directional route miles attrib-utable to the urbanized area, as established by the Secretary, divided by the total number of all fixed guideway directional route miles attrib-utable to all urbanized areas. \n‘‘(4) L\nIMITATION .— \n‘‘(A) I N GENERAL .—Except as provided in sub-\nparagraph (B), the share of the total amount apportioned under this subsection that is appor-tioned to an area under this subsection shall not decrease by more than 0.25 percentage points compared to the share apportioned to the area under this subsection in the previous fiscal year. \n‘‘(B) S\nPECIAL RULE FOR FISCAL YEAR 2013 .—In \nfiscal year 2013, the share of the total amount apportioned under this subsection that is appor-tioned to an area under this subsection shall not decrease by more than 0.25 percentage points compared to the share that would have been ap-portioned to the area under this section, as in effect for fiscal year 2011, if the share had been calculated using the definition of the term ‘fixed guideway’ under subsection (a) of this section, as in effect on the day after the date of enact-ment of the Federal Public Transportation Act of 2012. \n‘‘(5) U\nSE OF FUNDS .—Amounts made available \nunder this subsection shall be available for the exclusive use of fixed guideway projects. \n‘‘(6) R\nECEIVING APPORTIONMENT .— \n‘‘(A) I N GENERAL .—Except as provided in sub-\nparagraph (B), for an area with a fixed guide-way system, the amounts provided under this subsection shall be apportioned to the des-ignated recipient for the urbanized area in which the system operates. \n‘‘(B) E\nXCEPTION .—An area described in the \namendment made by section 3028(a) of the Transportation Equity Act for the 21st Century \n(Public Law 105–178; 112 Stat. 366) shall receive an individual apportionment under this sub-section. \n‘‘(7) A\nPPORTIONMENT REQUIREMENTS .—For \npurposes of determining the number of fixed guideway vehicle revenue miles or fixed guide-way directional route miles attributable to an urbanized area for a fiscal year under this sub-section, only segments of fixed guideway sys-tems placed in revenue service not later than 7 years before the first day of the fiscal year shall be deemed to be attributable to an urbanized area. \n‘‘(d) H\nIGHINTENSITY MOTORBUS STATE OF \nGOODREPAIR .— \n‘‘(1) D EFINITION .—For purposes of this sub-\nsection, the term ‘high intensity motorbus’ means public transportation that is provided on a facility with access for other high-occupancy vehicles. \n‘‘(2) A\nPPORTIONMENT .—Of the amount author-\nized or made available under section 5338(a)(2)(I), 2.85 percent shall be apportioned to urbanized areas for high intensity motorbus state of good repair in accordance with this sub-section. \n‘‘(3) V\nEHICLE REVENUE MILES AND DIREC -\nTIONAL ROUTE MILES .— \n‘‘(A) I N GENERAL .—The amount described in \nparagraph (2) shall be apportioned to each area in accordance with this paragraph. \n‘‘(B) V\nEHICLE REVENUE MILES .—Each area \nshall receive an amount equal to 60 percent of the amount described in subparagraph (A), mul-tiplied by the number of high intensity motorbus vehicle revenue miles attributable to the area, as established by the Secretary, divided by the total number of all high intensity motorbus ve-hicle revenue miles attributable to all areas. \n‘‘(C) D\nIRECTIONAL ROUTE MILES .—Each area \nshall receive an amount equal to 40 percent of the amount described in subparagraph (A), mul-tiplied by the number of high intensity motorbus directional route miles attributable to the area, as established by the Secretary, divided by the total number of all high intensity motorbus di-rectional route miles attributable to all areas. \n‘‘(4) A\nPPORTIONMENT REQUIREMENTS .—For \npurposes of determining the number of high in-tensity motorbus vehicle revenue miles or high intensity motorbus directional route miles attrib-utable to an urbanized area for a fiscal year under this subsection, only segments of high in-tensity motorbus systems placed in revenue serv-ice not later than 7 years before the first day of the fiscal year shall be deemed to be attributable to an urbanized area.’’. \nSEC. 20028. AUTHORIZATIONS. \nSection 5338 of title 49, United States Code, is \namended to read as follows: \n‘‘§ 5338. Authorizations \n‘‘(a) F ORMULA GRANTS .— \n‘‘(1) I N GENERAL .—There shall be available \nfrom the Mass Transit Account of the Highway Trust Fund to carry out sections 5305, 5307, 5310, 5311, 5318, 5322(d), 5335, 5337, 5339, and 5340, and section 20005(b) of the Federal Public Transportation Act of 2012, $8,478,000,000 for fis-cal year 2013 and $8,595,000,000 for fiscal year 2014. \n‘‘(2) A\nLLOCATION OF FUNDS .—Of the amounts \nmade available under paragraph (1)— \n‘‘(A) $126,900,000 for fiscal year 2013 and \n$128,800,000 for fiscal year 2014 shall be avail-able to carry out section 5305; \n‘‘(B) $10,000,000 for each of fiscal years 2013 \nand 2014 shall be available to carry out section 20005(b) of the Federal Public Transportation Act of 2012; \n‘‘(C) $4,397,950,000 for fiscal year 2013 and \n$4,458,650,000 for fiscal year 2014 shall be allo-cated in accordance with section 5336 to provide financial assistance for urbanized areas under section 5307; \n‘‘(D) $254,800,000 for fiscal year 2013 and \n$258,300,000 for fiscal year 2014 shall be avail-able to provide financial assistance for services \nfor the enhanced mobility of seniors and indi-viduals with disabilities under section 5310; \n‘‘(E) $599,500,000 for fiscal year 2013 and \n$607,800,000 for fiscal year 2014 shall be avail-able to provide financial assistance for rural areas under section 5311, of which not less than $30,000,000 for fiscal year 2013 and $30,000,000 for fiscal year 2014 shall be available to carry out section 5311(c)(1) and $20,000,000 for fiscal year 2013 and $20,000,000 for fiscal year 2014 shall be available to carry out section 5311(c)(2); \n‘‘(F) $3,000,000 for each of fiscal years 2013 \nand 2014 shall be available for bus testing under section 5318; \n‘‘(G) $5,000,000 for each of fiscal years 2013 \nand 2014 shall be available for the national transit institute under section 5322(d); \n‘‘(H) $3,850,000 for each of fiscal years 2013 \nand 2014 shall be available to carry out section 5335; \n‘‘(I) $2,136,300,000 for fiscal year 2013 and \n$2,165,900,000 for fiscal year 2014 shall be avail-able to carry out section 5337; \n‘‘(J) $422,000,000 for fiscal year 2013 and \n$427,800,000 for fiscal year 2014 shall be avail-able for the bus and bus facilities program under section 5339; and \n‘‘(K) $518,700,000 for fiscal year 2013 and \n$525,900,000 for fiscal year 2014 shall be allo-cated in accordance with section 5340 to provide financial assistance for urbanized areas under section 5307 and rural areas under section 5311. \n‘‘(b) R\nESEARCH , DEVELOPMENT DEMONSTRA -\nTION AND DEPLOYMENT PROJECTS .—There are \nauthorized to be appropriated to carry out sec-tion 5312, $70,000,000 for fiscal year 2013 and $70,000,000 for fiscal year 2014. \n‘‘(c) T\nRANSIT COOPERATIVE RESEARCH PRO-\nGRAM .—There are authorized to be appropriated \nto carry out section 5313, $7,000,000 for fiscal year 2013 and $7,000,000 for fiscal year 2014. \n‘‘(d) T\nECHNICAL ASSISTANCE AND STANDARDS \nDEVELOPMENT .—There are authorized to be ap-\npropriated to carry out section 5314, $7,000,000 for fiscal year 2013 and $7,000,000 for fiscal year 2014. \n‘‘(e) H\nUMAN RESOURCES AND TRAINING .—There \nare authorized to be appropriated to carry out subsections (a), (b), (c), and (e) of section 5322, $5,000,000 for fiscal year 2013 and $5,000,000 for fiscal year 2014. \n‘‘(f) E\nMERGENCY RELIEF PROGRAM .—There are \nauthorized to be appropriated such sums as are necessary to carry out section 5324. \n‘‘(g) C\nAPITAL INVESTMENT GRANTS .—There are \nauthorized to be appropriated to carry out sec-tion 5309, $1,907,000,000 for fiscal year 2013 and $1,907,000,000 for fiscal year 2014. \n‘‘(h) A\nDMINISTRATION .— \n‘‘(1) I N GENERAL .—There are authorized to be \nappropriated to carry out section 5334, $104,000,000 for fiscal year 2013 and $104,000,000 for fiscal year 2014. \n‘‘(2) S\nECTION 5329 .—Of the amounts authorized \nto be appropriated under paragraph (1), not less than $5,000,000 shall be available to carry out section 5329. \n‘‘(3) S\nECTION 5326 .—Of the amounts made \navailable under paragraph (2), not less than $1,000,000 shall be available to carry out section 5326. \n‘‘(i) O\nVERSIGHT .— \n‘‘(1) I N GENERAL .—Of the amounts made avail-\nable to carry out this chapter for a fiscal year, the Secretary may use not more than the fol-lowing amounts for the activities described in paragraph (2): \n‘‘(A) 0.5 percent of amounts made available to \ncarry out section 5305. \n‘‘(B) 0.75 percent of amounts made available \nto carry out section 5307. \n‘‘(C) 1 percent of amounts made available to \ncarry out section 5309. \n‘‘(D) 1 percent of amounts made available to \ncarry out section 601 of the Passenger Rail In-vestment and Improvement Act of 2008 (Public Law 110–432; 126 Stat. 4968). \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00356 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4515 June 28, 2012 \n‘‘(E) 0.5 percent of amounts made available to \ncarry out section 5310. \n‘‘(F) 0.5 percent of amounts made available to \ncarry out section 5311. \n‘‘(G) 0.75 percent of amounts made available \nto carry out section 5337(c). \n‘‘(2) A CTIVITIES .—The activities described in \nthis paragraph are as follows: \n‘‘(A) Activities to oversee the construction of a \nmajor capital project. \n‘‘(B) Activities to review and audit the safety \nand security, procurement, management, and fi-nancial compliance of a recipient or subrecipient of funds under this chapter. \n‘‘(C) Activities to provide technical assistance \ngenerally, and to provide technical assistance to correct deficiencies identified in compliance re-views and audits carried out under this section. \n‘‘(3) G\nOVERNMENT SHARE OF COSTS .—The Gov-\nernment shall pay the entire cost of carrying out a contract under this subsection. \n‘‘(4) A\nVAILABILITY OF CERTAIN FUNDS .—Funds \nmade available under paragraph (1)(C) shall be made available to the Secretary before allo-cating the funds appropriated to carry out any project under a full funding grant agreement. \n‘‘(j) G\nRANTS AS CONTRACTUAL OBLIGATIONS .— \n‘‘(1) G RANTS FINANCED FROM HIGHWAY TRUST \nFUND .—A grant or contract that is approved by \nthe Secretary and financed with amounts made available from the Mass Transit Account of the Highway Trust Fund pursuant to this section is a contractual obligation of the Government to pay the Government share of the cost of the project. \n‘‘(2) G\nRANTS FINANCED FROM GENERAL FUND .— \nA grant or contract that is approved by the Sec-retary and financed with amounts appropriated in advance from the General Fund of the Treas-ury pursuant to this section is a contractual ob-ligation of the Government to pay the Govern-ment share of the cost of the project only to the extent that amounts are appropriated for such purpose by an Act of Congress. \n‘‘(k) A\nVAILABILITY OF AMOUNTS .—Amounts \nmade available by or appropriated under this section shall remain available until expended.’’. \nSEC. 20029. BUS AND BUS FACILITIES FORMULA \nGRANTS. \n(a) I NGENERAL .—Section 5339 of title 49, \nUnited States Code, is amended to read as fol-lows: \n‘‘§ 5339. Bus and bus facilities formula grants \n‘‘(a) G\nENERAL AUTHORITY .—The Secretary \nmay make grants under this section to assist eli-gible recipients described in subsection (c)(1) in financing capital projects— \n‘‘(1) to replace, rehabilitate, and purchase \nbuses and related equipment; and \n‘‘(2) to construct bus-related facilities. ‘‘(b) G\nRANT REQUIREMENTS .—The require-\nments of section 5307 apply to recipients of grants made under this section. \n‘‘(c) E\nLIGIBLE RECIPIENTS AND SUBRECIPI -\nENTS.— \n‘‘(1) R ECIPIENTS .—Eligible recipients under \nthis section are designated recipients that oper-ate fixed route bus service or that allocate fund-ing to fixed route bus operators. \n‘‘(2) S\nUBRECIPIENTS .—A designated recipient \nthat receives a grant under this section may al-locate amounts of the grant to subrecipients that are public agencies or private nonprofit or-ganizations engaged in public transportation. \n‘‘(d) D\nISTRIBUTION OF GRANT FUNDS.—Funds \nallocated under section 5338(a)(2)(J) shall be dis-tributed as follows: \n‘‘(1) N\nATIONAL DISTRIBUTION .—$65,500,000 \nshall be allocated to all States and territories, with each State receiving $1,250,000 and each territory receiving $500,000. \n‘‘(2) D\nISTRIBUTION USING POPULATION AND \nSERVICE FACTORS .—The remainder of the funds \nnot otherwise distributed under paragraph (1) shall be allocated pursuant to the formula set forth in section 5336 other than subsection (b). \n‘‘(e) T\nRANSFERS OF APPORTIONMENTS .— ‘‘(1) T RANSFER FLEXIBILITY FOR NATIONAL DIS -\nTRIBUTION FUNDS .—The Governor of a State \nmay transfer any part of the State’s apportion-ment under subsection (d)(1) to supplement amounts apportioned to the State under section 5311(c) of this title or amounts apportioned to urbanized areas under subsections (a) and (c) of section 5336 of this title. \n‘‘(2) T\nRANSFER FLEXIBILITY FOR POPULATION \nAND SERVICE FACTORS FUNDS .—The Governor of \na State may expend in an urbanized area with a population of less than 200,000 any amounts apportioned under subsection (d)(2) that are not allocated to designated recipients in urbanized areas with a population of 200,000 or more. \n‘‘(f) G\nOVERNMENT ’SSHARE OF COSTS.— \n‘‘(1) C APITAL PROJECTS .—A grant for a capital \nproject under this section shall be for 80 percent of the net capital costs of the project. A recipi-ent of a grant under this section may provide additional local matching amounts. \n‘‘(2) R\nEMAINING COSTS .—The remainder of the \nnet project cost shall be provided— \n‘‘(A) in cash from non-Government sources \nother than revenues from providing public transportation services; \n‘‘(B) from revenues derived from the sale of \nadvertising and concessions; \n‘‘(C) from an undistributed cash surplus, a re-\nplacement or depreciation cash fund or reserve, or new capital; or \n‘‘(D) from amounts received under a service \nagreement with a State or local social service agency or private social service organization. \n‘‘(g) P\nERIOD OF AVAILABILITY TO RECIPI-\nENTS.—Amounts made available under this sec-\ntion may be obligated by a recipient for 3 years after the fiscal year in which the amount is ap-portioned. Not later than 30 days after the end of the 3-year period described in the preceding sentence, any amount that is not obligated on the last day of that period shall be added to the amount that may be apportioned under this sec-tion in the next fiscal year. \n‘‘(h) D\nEFINITIONS .—For purposes of this sec-\ntion: \n‘‘(1) The term ‘State’ means a State of the \nUnited States. \n‘‘(2) The term ‘territory’ means the District of \nColumbia, Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, and the United States Virgin Islands.’’. \nSEC. 20030. TECHNICAL AND CONFORMING \nAMENDMENTS. \n(a) S ECTION 5305.—Section 5305 of title 49, \nUnited States Code, is amended— \n(1) in subsection (e)(1)(A), by striking ‘‘sec-\ntions 5304, 5306, 5315, and 5322’’ and inserting ‘‘section 5304 and 5306’’; \n(2) in subsection (f)— (A) in the heading, by striking ‘‘G\nOVERN -\nMENT ’S’’ and inserting ‘‘G OVERNMENT ’’; and \n(B) by striking ‘‘Government’s’’ and inserting \n‘‘Government’’; and \n(3) in subsection (g), by striking ‘‘section \n5338(c) for fiscal years 2005 through 2012’’ and inserting ‘‘section 5338(a)(2)(A) for a fiscal year’’. \n(b) S\nECTION 5313.—Section 5313(a) of title 49, \nUnited States Code, is amended— \n(1) in the first sentence, by striking ‘‘sub-\nsections (a)(5)(C)(iii) and (d)(1) of section 5338’’ and inserting section ‘‘5338(c)’’; and \n(2) in the second sentence, by striking ‘‘of \nTransportation’’. \n(c) S\nECTION 5319.—Section 5319 of title 49, \nUnited States Code, is amended, in the second sentence— \n(1) by striking ‘‘sections 5307(e), 5309(h), and \n5311(g) of this title’’ and inserting ‘‘sections 5307(d), 5309(l), and 5311(g)’’; and \n(2) by striking ‘‘of the United States’’ and in-\nserting ‘‘made by the’’. \n(d) S\nECTION 5325.—Section 5325(b)(2)(A) of \ntitle 49, United States Code, is amended by strik-ing ‘‘title 48, Code of Federal Regulations (com-monly known as the Federal Acquisition Regu-lation)’’ and inserting ‘‘the Federal Acquisition Regulation, or any successor thereto’’. (e) S\nECTION 5330.—Effective 3 years after the \neffective date of the final rules issued by the Secretary of Transportation under section 5329(e) of title 49, United States Code, as amend-ed by this division, section 5330 of title 49, United States Code, is repealed. \n(f) S\nECTION 5331.—Section 5331 of title 49, \nUnited States Code, is amended by striking ‘‘Secretary of Transportation’’ each place that term appears and inserting ‘‘Secretary’’. \n(g) S\nECTION 5332.—Section 5332(c)(1) of title \n49, United States Code, is amended by striking ‘‘of Transportation’’. \n(h) S\nECTION 5333.—Section 5333(a) of title 49, \nUnited States Code, is amended by striking ‘‘sec-tions 3141–3144’’ and inserting ‘‘sections 3141 through 3144’’. \n(i) S\nECTION 5334.—Section 5334 of title 49, \nUnited States Code, is amended— \n(1) in subsection (c)— (A) by striking ‘‘Secretary of Transportation’’ \neach place that term appears and inserting ‘‘Secretary’’; and \n(B) in paragraph (1), by striking ‘‘Committees \non Transportation and Infrastructure and Ap-propriations of the House of Representatives and the Committees on Banking, Housing, and Urban Affairs and Appropriations of the Sen-ate’’ and inserting ‘‘Committee on Banking, Housing, and Urban Affairs and the Committee on Appropriations of the Senate and the Com-mittee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives’’; \n(2) in subsection (d), by striking ‘‘of Transpor-\ntation’’; \n(3) in subsection (e), by striking ‘‘of Transpor-\ntation’’; \n(4) in subsection (f), by striking ‘‘of Transpor-\ntation’’; \n(5) in subsection (g), in the matter preceding \nparagraph (1)— \n(A) by striking ‘‘of Transportation’’; and (B) by striking ‘‘subsection (a)(3) or (4) of this \nsection’’ and inserting ‘‘paragraph (3) or (4) of subsection (a)’’; \n(6) in subsection (h)— (A) in paragraph (1), in the matter preceding \nsubparagraph (A), by striking ‘‘of Transpor-tation’’; and \n(B) in paragraph (2), by striking ‘‘of this sec-\ntion’’; \n(7) in subsection (i)(1), by striking ‘‘of Trans-\nportation’’; and \n(8) in subsection (j), as so redesignated by sec-\ntion 20025 of this division, by striking ‘‘Commit-tees on Banking, Housing, and Urban Affairs and Appropriations of the Senate and Commit-tees on Transportation and Infrastructure and Appropriations of the House of Representatives’’ and inserting ‘‘Committee on Banking, Housing, and Urban Affairs and the Committee on Appro-priations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives’’. \n(j) S\nECTION 5335.—Section 5335(a) of title 49, \nUnited States Code, is amended by striking ‘‘of Transportation’’. \n(k) A\nNALYSIS .—The analysis for chapter 53 of \ntitle 49, United States Code, is amended to read as follows: \n‘‘Sec. \n‘‘5301. Policies and purposes. ‘‘5302. Definitions. ‘‘5303. Metropolitan transportation planning. ‘‘5304. Statewide and nonmetropolitan transpor-\ntation planning. \n‘‘5305. Planning programs. ‘‘5306. Private enterprise participation in metro-\npolitan planning and transpor-tation improvement programs and relationship to other limitations. \n‘‘5307. Urbanized area formula grants. ‘‘[5308. Repealed.] ‘‘5309. Fixed guideway capital investment \ngrants. \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00357 Fmt 4634 Sfmt 6343 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4516 June 28, 2012 \n‘‘5310. Formula grants for the enhanced mobility \nof seniors and individuals with disabilities. \n‘‘5311. Formula grants for rural areas. ‘‘5312. Research, development, demonstration, \nand deployment projects. \n‘‘5313. Transit cooperative research program. ‘‘5314. Technical assistance and standards de-\nvelopment. \n‘‘5315. Private sector participation. ‘‘[5316. Repealed.] ‘‘[5317. Repealed.] ‘‘5318. Bus testing facility. ‘‘5319. Bicycle facilities. ‘‘[5320. Repealed.] ‘‘5321. Crime prevention and security. ‘‘5322. Human resources and training. ‘‘5323. General provisions. ‘‘5324. Public transportation emergency relief \nprogram. \n‘‘5325. Contract requirements. ‘‘5326. Transit asset management. ‘‘5327. Project management oversight. ‘‘[5328. Repealed.] ‘‘5329. Public transportation safety program. ‘‘5330. State safety oversight. ‘‘5331. Alcohol and controlled substances test-\ning. \n‘‘5332. Nondiscrimination. ‘‘5333. Labor standards. ‘‘5334. Administrative provisions. ‘‘5335. National transit database. ‘‘5336. Apportionment of appropriations for for-\nmula grants. \n‘‘5337. State of good repair grants. ‘‘5338. Authorizations. ‘‘5339. Bus and bus facilities formula grants. ‘‘5340. Apportionments based on growing States \nand high density States formula factors.’’. \nDIVISION C—TRANSPORTATION SAFETY \nAND SURFACE TRANSPORTATION POLICY \nTITLE I—MOTOR VEHICLE AND HIGHWAY \nSAFETY IMPROVEMENT ACT OF 2012 \nSEC. 31001. SHORT TITLE. \nThis title may be cited as the ‘‘Motor Vehicle \nand Highway Safety Improvement Act of 2012’’ or ‘‘Mariah’s Act’’. \nSEC. 31002. DEFINITION. \nIn this title, the term ‘‘Secretary’’ means the \nSecretary of Transportation. \nSubtitle A—Highway Safety \nSEC. 31101. AUTHORIZATION OF APPROPRIA-\nTIONS. \n(a) I NGENERAL .—The following sums are au-\nthorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Ac-count): \n(1) H\nIGHWAY SAFETY PROGRAMS .—For carrying \nout section 402 of title 23, United States Code— \n(A) $235,000,000 for fiscal year 2013; and (B) $235,000,000 for fiscal year 2014. (2) H\nIGHWAY SAFETY RESEARCH AND DEVELOP -\nMENT .—For carrying out section 403 of title 23, \nUnited States Code— \n(A) $110,500,000 for fiscal year 2013; and (B) $113,500,000 for fiscal year 2014. (3) N\nATIONAL PRIORITY SAFETY PROGRAMS .— \nFor carrying out section 405 of title 23, United States Code— \n(A) $265,000,000 for fiscal year 2013; and (B) $272,000,000 for fiscal year 2014. (4) N\nATIONAL DRIVER REGISTER .—For the Na-\ntional Highway Traffic Safety Administration to carry out chapter 303 of title 49, United States Code— \n(A) $5,000,000 for fiscal year 2013; and (B) $5,000,000 for fiscal year 2014. (5) H\nIGH VISIBILITY ENFORCEMENT PROGRAM .— \nFor carrying out section 2009 of SAFETEA–LU (23 U.S.C. 402 note)— \n(A) $29,000,000 for fiscal year 2013; and (B) $29,000,000 for fiscal year 2014. (6) A\nDMINISTRATIVE EXPENSES .—For adminis-\ntrative and related operating expenses of the National Highway Traffic Safety Administra-tion in carrying out chapter 4 of title 23, United \nStates Code, and this subtitle— \n(A) $25,500,000 for fiscal year 2013; and (B) $25,500,000 for fiscal year 2014. (b) P\nROHIBITION ON OTHER USES.—Except as \notherwise provided in chapter 4 of title 23, United States Code, in this subtitle, and in the amendments made by this subtitle, the amounts made available from the Highway Trust Fund (other than the Mass Transit Account) for a program under such chapter— \n(1) shall only be used to carry out such pro-\ngram; and \n(2) may not be used by States or local govern-\nments for construction purposes. \n(c) A\nPPLICABILITY OF TITLE 23.—Except as \notherwise provided in chapter 4 of title 23, United States Code, and in this subtitle, amounts made available under subsection (a) for fiscal years 2013 and 2014 shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code. \n(d) R\nEGULATORY AUTHORITY .—Grants award-\ned under this subtitle shall be in accordance with regulations issued by the Secretary. \n(e) S\nTATE MATCHING REQUIREMENTS .—If a \ngrant awarded under this subtitle requires a State to share in the cost, the aggregate of all expenditures for highway safety activities made during any fiscal year by the State and its polit-ical subdivisions (exclusive of Federal funds) for carrying out the grant (other than planning and administration) shall be available for the purpose of crediting the State during such fiscal year for the non-Federal share of the cost of any project under this subtitle (other than plan-ning or administration) without regard to whether such expenditures were actually made in connection with such project. \n(f) G\nRANT APPLICATION AND DEADLINE .—To \nreceive a grant under this subtitle, a State shall submit an application, and the Secretary shall establish a single deadline for such applications to enable the award of grants early in the next fiscal year. \nSEC. 31102. HIGHWAY SAFETY PROGRAMS. \n(a) P ROGRAMS INCLUDED .—Section 402(a) of \ntitle 23, United States Code, is amended to read as follows: \n‘‘(a) P\nROGRAM REQUIRED .— \n‘‘(1) I N GENERAL .—Each State shall have a \nhighway safety program, approved by the Sec-retary, that is designed to reduce traffic acci-dents and the resulting deaths, injuries, and property damage. \n‘‘(2) U\nNIFORM GUIDELINES .—Programs re-\nquired under paragraph (1) shall comply with uniform guidelines, promulgated by the Sec-retary and expressed in terms of performance criteria, that— \n‘‘(A) include programs— ‘‘(i) to reduce injuries and deaths resulting \nfrom motor vehicles being driven in excess of posted speed limits; \n‘‘(ii) to encourage the proper use of occupant \nprotection devices (including the use of safety belts and child restraint systems) by occupants of motor vehicles; \n‘‘(iii) to reduce injuries and deaths resulting \nfrom persons driving motor vehicles while im-paired by alcohol or a controlled substance; \n‘‘(iv) to prevent accidents and reduce injuries \nand deaths resulting from accidents involving motor vehicles and motorcycles; \n‘‘(v) to reduce injuries and deaths resulting \nfrom accidents involving school buses; \n‘‘(vi) to reduce accidents resulting from unsafe \ndriving behavior (including aggressive or fa-tigued driving and distracted driving arising from the use of electronic devices in vehicles); and \n‘‘(vii) to improve law enforcement services in \nmotor vehicle accident prevention, traffic super-vision, and post-accident procedures; \n‘‘(B) improve driver performance, including— ‘‘(i) driver education; ‘‘(ii) driver testing to determine proficiency to \noperate motor vehicles; and \n‘‘(iii) driver examinations (physical, mental, \nand driver licensing); \n‘‘(C) improve pedestrian performance and bi-\ncycle safety; \n‘‘(D) include provisions for— ‘‘(i) an effective record system of accidents \n(including resulting injuries and deaths); \n‘‘(ii) accident investigations to determine the \nprobable causes of accidents, injuries, and deaths; \n‘‘(iii) vehicle registration, operation, and in-\nspection; and \n‘‘(iv) emergency services; and ‘‘(E) to the extent determined appropriate by \nthe Secretary, are applicable to federally admin-istered areas where a Federal department or agency controls the highways or supervises traf-fic operations.’’. \n(b) A\nDMINISTRATION OF STATE PROGRAMS .— \nSection 402(b) of title 23, United States Code, is amended— \n(1) in paragraph (1)— (A) in subparagraph (D), by striking ‘‘and’’ at \nthe end; \n(B) by redesignating subparagraph (E) as sub-\nparagraph (F); \n(C) by inserting after subparagraph (D) the \nfollowing: \n‘‘(E) beginning on the first day of the first fis-\ncal year after the date of enactment of the Motor Vehicle and Highway Safety Improve-ment Act of 2012 in which a State submits its highway safety plan under subsection (f), pro-vide for a data-driven traffic safety enforcement program to prevent traffic violations, crashes, and crash fatalities and injuries in areas most at risk for such incidents, to the satisfaction of the Secretary;’’; and \n(D) in subparagraph (F), as redesignated— (i) in clause (i), by inserting ‘‘and high-visi-\nbility law enforcement mobilizations coordinated by the Secretary’’ after ‘‘mobilizations’’; \n(ii) in clause (iii), by striking ‘‘and’’ at the \nend; \n(iii) in clause (iv), by striking the period at \nthe end and inserting ‘‘; and’’; and \n(iv) by adding at the end the following: ‘‘(v) ensuring that the State will coordinate its \nhighway safety plan, data collection, and infor-mation systems with the State strategic highway safety plan (as defined in section 148(a)).’’; and \n(2) by striking paragraph (3). (c) A\nPPROVED HIGHWAY SAFETY PROGRAMS .— \nSection 402(c) of title 23, United States Code, is amended— \n(1) by striking ‘‘(c) Funds authorized’’ and in-\nserting the following: \n‘‘(c) U\nSE OF FUNDS.— \n‘‘(1) I N GENERAL .—Funds authorized’’; \n(2) by striking ‘‘Such funds’’ and inserting the \nfollowing: \n‘‘(2) A PPORTIONMENT .—Except for amounts \nidentified in section 403(f), funds described in paragraph (1)’’; \n(3) by striking ‘‘The Secretary shall not’’ and \nall that follows through ‘‘subsection, a highway safety program’’ and inserting ‘‘A highway safety program’’; \n(4) by inserting ‘‘A State may use the funds \napportioned under this section, in cooperation with neighboring States, for highway safety programs or related projects that may confer benefits on such neighboring States.’’ after ‘‘in every State.’’; \n(5) by striking ‘‘50 per centum’’ and inserting \n‘‘20 percent’’; and \n(6) by striking ‘‘The Secretary shall promptly’’ \nand all that follows and inserting the following: \n‘‘(3) R\nEAPPORTIONMENT .—The Secretary shall \npromptly apportion the funds withheld from a State’s apportionment to the State if the Sec-retary approves the State’s highway safety pro-gram or determines that the State has begun im-plementing an approved program, as appro-priate, not later than July 31st of the fiscal year for which the funds were withheld. If the Sec-retary determines that the State did not correct \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00358 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4517 June 28, 2012 \nits failure within such period, the Secretary \nshall reapportion the withheld funds to the other States in accordance with the formula specified in paragraph (2) not later than the last day of the fiscal year. \n‘‘(4) A\nUTOMATED TRAFFIC ENFORCEMENT SYS -\nTEMS.— \n‘‘(A) P ROHIBITION .—A State may not expend \nfunds apportioned to that State under this sec-tion to carry out a program to purchase, oper-ate, or maintain an automated traffic enforce-ment system. \n‘‘(B) A\nUTOMATED TRAFFIC ENFORCEMENT SYS -\nTEM DEFINED .—In this paragraph, the term \n‘automated traffic enforcement system’ means any camera which captures an image of a vehi-cle for the purposes only of red light and speed enforcement, and does not include hand held radar and other devices operated by law en-forcement officers to make an on-the-scene traf-fic stop, issue a traffic citation, or other enforce-ment action at the time of the violation.’’. \n(d) U\nSE OF HIGHWAY SAFETY PROGRAM \nFUNDS.—Section 402(g) of title 23, United States \nCode, is amended to read as follows: \n‘‘(g) S AVINGS PROVISION .— \n‘‘(1) I N GENERAL .—Except as provided under \nparagraph (2), nothing in this section may be construed to authorize the appropriation or ex-penditure of funds for— \n‘‘(A) highway construction, maintenance, or \ndesign (other than design of safety features of highways to be incorporated into guidelines); or \n‘‘(B) any purpose for which funds are author-\nized under section 403. \n‘‘(2) D\nEMONSTRATION PROJECTS .—A State may \nuse funds made available to carry out this sec-tion to assist in demonstration projects carried out by the Secretary under section 403.’’. \n(e) I\nNGENERAL .—Section 402 of title 23, \nUnited States Code, is amended— \n(1) by striking subsections (k) and (m); (2) by redesignating subsections (i) and (j) as \nsubsections (h) and (i), respectively; and \n(3) by redesignating subsection (l) as sub-\nsection (j). \n(f) H\nIGHWAY SAFETY PLAN AND REPORTING RE-\nQUIREMENTS .—Section 402 of title 23, United \nStates Code, as amended by this section, is fur-ther amended by adding at the end the fol-lowing: \n‘‘(k) H\nIGHWAY SAFETY PLAN AND REPORTING \nREQUIREMENTS .— \n‘‘(1) I N GENERAL .—With respect to fiscal year \n2014, and each fiscal year thereafter, the Sec-retary shall require each State, as a condition of the approval of the State’s highway safety pro-gram for that fiscal year, to develop and submit to the Secretary for approval a highway safety plan that complies with the requirements under this subsection. \n‘‘(2) T\nIMING .—Each State shall submit to the \nSecretary the highway safety plan not later than July 1st of the fiscal year preceding the fis-cal year to which the plan applies. \n‘‘(3) C\nONTENTS .—State highway safety plans \nsubmitted under paragraph (1) shall include— \n‘‘(A) performance measures required by the \nSecretary or otherwise necessary to support ad-ditional State safety goals, including— \n‘‘(i) documentation of current safety levels for \neach performance measure; \n‘‘(ii) quantifiable annual performance targets \nfor each performance measure; and \n‘‘(iii) a justification for each performance tar-\nget, that explains why each target is appro-priate and evidence-based; \n‘‘(B) a strategy for programming funds appor-\ntioned to the State under this section on projects and activities that will allow the State to meet the performance targets described in subpara-graph (A); \n‘‘(C) data and data analysis supporting the \neffectiveness of proposed countermeasures; \n‘‘(D) a description of any Federal, State, \nlocal, or private funds that the State plans to use, in addition to funds apportioned to the State under this section, to carry out the strat-egy described in subparagraph (B); ‘‘(E) for the fiscal year preceding the fiscal \nyear to which the plan applies, a report on the State’s success in meeting State safety goals and performance targets set forth in the previous year’s highway safety plan; and \n‘‘(F) an application for any additional grants \navailable to the State under this chapter. \n‘‘(4) P\nERFORMANCE MEASURES .—For the first \nhighway safety plan submitted under this sub-section, the performance measures required by the Secretary under paragraph (2)(A) shall be limited to those developed by the National High-way Traffic Safety Administration and the Gov-ernor’s Highway Safety Association and de-scribed in the report, ‘Traffic Safety Perform-ance Measures for States and Federal Agencies’ (DOT HS 811 025). For subsequent highway safety plans, the Secretary shall coordinate with the Governor’s Highway Safety Association in making revisions to the set of required perform-ance measures. \n‘‘(5) R\nEVIEW OF HIGHWAY SAFETY PLANS .— \n‘‘(A) I N GENERAL .—Not later than 60 days \nafter the date on which a State’s highway safe-ty plan is received by the Secretary, the Sec-retary shall review and approve or disapprove the plan. \n‘‘(B) A\nPPROVALS AND DISAPPROVALS .— \n‘‘(i) A PPROVALS .—The Secretary shall approve \na State’s highway safety plan if the Secretary determines that— \n‘‘(I) the plan and the performance targets \ncontained in the plan are evidence-based and supported by data; and \n‘‘(II) the plan, once implemented, will allow \nthe State to meet the State’s performance tar-gets. \n‘‘(ii) D\nISAPPROVALS .—The Secretary shall dis-\napprove a State’s highway safety plan if the Secretary determines that— \n‘‘(I) the plan and the performance targets \ncontained in the plan are not evidence-based or supported by data; or \n‘‘(II) the plan does not provide for program-\nming of funding in a manner sufficient to allow the State to meet the State’s performance tar-gets. \n‘‘(C) A\nCTIONS UPON DISAPPROVAL .—If the Sec-\nretary disapproves a State’s highway safety plan, the Secretary shall— \n‘‘(i) inform the State of the reasons for such \ndisapproval; and \n‘‘(ii) require the State to resubmit the plan \nwith any modifications that the Secretary deter-mines to be necessary. \n‘‘(D) R\nEVIEW OF RESUBMITTED PLANS .—If the \nSecretary requires a State to resubmit a high-way safety plan, with modifications, the Sec-retary shall review and approve or disapprove the modified plan not later than 30 days after the date on which the Secretary receives such plan. \n‘‘(E) P\nUBLIC NOTICE .—A State shall make the \nState’s highway safety plan, and decisions of the Secretary concerning approval or dis-approval of a revised plan, available to the pub-lic.’’. \n(g) T\nEENTRAFFIC SAFETY PROGRAM .—Section \n402 of title 23, United States Code, as amended by this section, is further amended by adding at the end the following: \n‘‘(m) T\nEENTRAFFIC SAFETY .— \n‘‘(1) I N GENERAL .—Subject to the requirements \nof a State’s highway safety plan, as approved by the Secretary under subsection (k), a State may use a portion of the amounts received under this section to implement statewide efforts to improve traffic safety for teen drivers. \n‘‘(2) U\nSE OF FUNDS .—Statewide efforts under \nparagraph (1)— \n‘‘(A) shall include peer-to-peer education and \nprevention strategies in schools and commu-nities designed to— \n‘‘(i) increase safety belt use; ‘‘(ii) reduce speeding; ‘‘(iii) reduce impaired and distracted driving; ‘‘(iv) reduce underage drinking; and ‘‘(v) reduce other behaviors by teen drivers \nthat lead to injuries and fatalities; and ‘‘(B) may include— \n‘‘(i) working with student-led groups and \nschool advisors to plan and implement teen traf-fic safety programs; \n‘‘(ii) providing subgrants to schools through-\nout the State to support the establishment and expansion of student groups focused on teen traffic safety; \n‘‘(iii) providing support, training, and tech-\nnical assistance to establish and expand school and community safety programs for teen drivers; \n‘‘(iv) creating statewide or regional websites to \npublicize and circulate information on teen safe-ty programs; \n‘‘(v) conducting outreach and providing edu-\ncational resources for parents; \n‘‘(vi) establishing State or regional advisory \ncouncils comprised of teen drivers to provide input and recommendations to the governor and the governor’s safety representative on issues re-lated to the safety of teen drivers; \n‘‘(vii) collaborating with law enforcement; \nand \n‘‘(viii) establishing partnerships and pro-\nmoting coordination among community stake-holders, including public, not-for-profit, and for profit entities.’’. \n(h) B\nIENNIAL REPORT TO CONGRESS .—Section \n402 of title 23, United States Code, as amended by this section, is further amended by adding at the end the following: \n‘‘(n) B\nIENNIAL REPORT TO CONGRESS .—Not \nlater than October 1, 2015, and biennially there-after, the Secretary shall submit a report to the Committee on Transportation and Infrastruc-ture of the House of Representatives and the Committee on Commerce, Science, and Transpor-tation of the Senate that contains— \n‘‘(1) an evaluation of each State’s perform-\nance with respect to the State’s highway safety plan under subsection (k) and performance tar-gets set by the States in such plans; and \n‘‘(2) such recommendations as the Secretary \nmay have for improvements to activities carried out under subsection (k).’’. \nSEC. 31103. HIGHWAY SAFETY RESEARCH AND DE-\nVELOPMENT. \nSection 403 of title 23, United States Code, is \namended— \n(1) by striking subsections (a) through (f) and \ninserting the following: \n‘‘(a) D EFINED TERM.—In this section, the term \n‘Federal laboratory’ includes— \n‘‘(1) a government-owned, government-oper-\nated laboratory; and \n‘‘(2) a government-owned, contractor-operated \nlaboratory. \n‘‘(b) G ENERAL AUTHORITY .— \n‘‘(1) R ESEARCH AND DEVELOPMENT ACTIVI -\nTIES.—The Secretary may conduct research and \ndevelopment activities, including demonstration projects and the collection and analysis of high-way and motor vehicle safety data and related information needed to carry out this section, with respect to— \n‘‘(A) all aspects of highway and traffic safety \nsystems and conditions relating to— \n‘‘(i) vehicle, highway, driver, passenger, mo-\ntorcyclist, bicyclist, and pedestrian characteris-tics; \n‘‘(ii) accident causation and investigations; ‘‘(iii) communications; and ‘‘(iv) emergency medical services, including \nthe transportation of the injured; \n‘‘(B) human behavioral factors and their ef-\nfect on highway and traffic safety, including— \n‘‘(i) driver education; ‘‘(ii) impaired driving; and ‘‘(iii) distracted driving; ‘‘(C) an evaluation of the effectiveness of \ncountermeasures to increase highway and traf-fic safety, including occupant protection and alcohol- and drug-impaired driving technologies and initiatives; \n‘‘(D) the development of technologies to detect \ndrug impaired drivers; \n‘‘(E) research on, evaluations of, and identi-\nfication of best practices related to driver edu-cation programs (including driver education \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00359 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4518 June 28, 2012 \ncurricula, instructor training and certification, \nprogram administration, and delivery mecha-nisms) and make recommendations for harmo-nizing driver education and multistage grad-uated licensing systems; and \n‘‘(F) the effect of State laws on any aspects, \nactivities, or programs described in subpara-graphs (A) through (E). \n‘‘(2) C\nOOPERATION , GRANTS , AND CONTRACTS .— \nThe Secretary may carry out this section— \n‘‘(A) independently; ‘‘(B) in cooperation with other Federal de-\npartments, agencies, and instrumentalities and Federal laboratories; \n‘‘(C) by entering into contracts, cooperative \nagreements, and other transactions with the Na-tional Academy of Sciences, any Federal labora-tory, State or local agency, authority, associa-\ntion, institution, or person (as defined in chap-ter 1 of title 1); or \n‘‘(D) by making grants to the National Acad-\nemy of Sciences, any Federal laboratory, State or local agency, authority, association, institu-tion, or person (as defined in chapter 1 of title 1). \n‘‘(c) C\nOLLABORATIVE RESEARCH AND DEVELOP -\nMENT .— \n‘‘(1) I N GENERAL .—To encourage innovative \nsolutions to highway safety problems, stimulate voluntary improvements in highway safety, and stimulate the marketing of new highway safety related technology by private industry, the Sec-retary is authorized to carry out, on a cost- shared basis, collaborative research and devel-opment with— \n‘‘(A) non-Federal entities, including State and \nlocal governments, colleges, universities, cor-porations, partnerships, sole proprietorships, or-ganizations, and trade associations that are in-corporated or established under the laws of any State or the United States; and \n‘‘(B) Federal laboratories. ‘‘(2) A\nGREEMENTS .—In carrying out this sub-\nsection, the Secretary may enter into coopera-tive research and development agreements (as defined in section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a)) in which the Secretary provides not more than 50 percent of the cost of any research or development project under this subsection. \n‘‘(3) U\nSE OF TECHNOLOGY .—The research, de-\nvelopment, or use of any technology pursuant to an agreement under this subsection, including the terms under which technology may be li-censed and the resulting royalties may be dis-tributed, shall be subject to the provisions of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.). \n‘‘(d) T\nITLE TO EQUIPMENT .—In furtherance of \nthe purposes set forth in section 402, the Sec-retary may vest title to equipment purchased for demonstration projects with funds authorized under this section to State or local agencies on such terms and conditions as the Secretary de-termines to be appropriate. \n‘‘(e) P\nROHIBITION ON CERTAIN DISCLOSURES .— \nAny report of the National Highway Traffic Safety Administration, or of any officer, em-ployee, or contractor of the National Highway Traffic Safety Administration, relating to any highway traffic accident or the investigation of such accident conducted pursuant to this chap-ter or chapter 301 may only be made available to the public in a manner that does not identify in-dividuals. \n‘‘(f) C\nOOPERATIVE RESEARCH AND EVALUA -\nTION.— \n‘‘(1) E STABLISHMENT AND FUNDING .—Notwith-\nstanding the apportionment formula set forth in section 402(c)(2), $2,500,000 of the total amount available for apportionment to the States for highway safety programs under subsection 402(c) in each fiscal year shall be available for expenditure by the Secretary, acting through the Administrator of the National Highway Traffic Safety Administration, for a cooperative research and evaluation program to research and evaluate priority highway safety counter-measures. ‘‘(2) A\nDMINISTRATION .—The program estab-\nlished under paragraph (1)— \n‘‘(A) shall be administered by the Adminis-\ntrator of the National Highway Traffic Safety Administration; and \n‘‘(B) shall be jointly managed by the Gov-\nernors Highway Safety Association and the Na-tional Highway Traffic Safety Administration.’’; and \n(2) by adding at the end the following: ‘‘(h) I\nN-VEHICLE ALCOHOL DETECTION DEVICE \nRESEARCH .— \n‘‘(1) I N GENERAL .—The Administrator of the \nNational Highway Traffic Safety Administra-tion may carry out a collaborative research ef-fort under chapter 301 of title 49 on in-vehicle technology to prevent alcohol-impaired driving. \n‘‘(2) F\nUNDING .—Funds provided under section \n405 may be made to be used by the Secretary to conduct the research described in paragraph (1). \n‘‘(3) P\nRIVACY PROTECTION .—If the Adminis-\ntrator utilizes the authority under paragraph (1), the Administrator shall not develop require-ments for any device or means of technology to be installed in an automobile intended for retail sale that records a driver’s blood alcohol con-centration. \n‘‘(4) R\nEPORTS .—If the Administrator conducts \nthe research authorized under paragraph (1), the Administrator shall submit an annual report to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and Committee on Science, Space, and Technology of the House of Rep-resentatives that— \n‘‘(A) describes the progress made in carrying \nout the collaborative research effort; and \n‘‘(B) includes an accounting for the use of \nFederal funds obligated or expended in carrying out that effort. \n‘‘(5) D\nEFINITIONS .—In this subsection: \n‘‘(A) A LCOHOL -IMPAIRED DRIVING .—The term \n‘alcohol-impaired driving’ means the operation of a motor vehicle (as defined in section 30102(a)(6) of title 49) by an individual whose blood alcohol content is at or above the legal limit. \n‘‘(B) L\nEGAL LIMIT .—The term ‘legal limit’ \nmeans a blood alcohol concentration of 0.08 per-cent or greater (as set forth in section 163(a)) or such other percentage limitation as may be es-tablished by applicable Federal, State, or local law.’’. \nSEC. 31104. NATIONAL DRIVER REGISTER. \nSection 30302(b) of title 49, United States \nCode, is amended by adding at the end the fol-lowing: ‘‘The Secretary shall make continual improvements to modernize the Register’s data processing system.’’. \nSEC. 31105. NATIONAL PRIORITY SAFETY PRO-\nGRAMS. \n(a) I NGENERAL .—Section 405 of title 23, \nUnited States Code, is amended to read as fol-lows: \n‘‘§ 405. National priority safety programs \n‘‘(a) G\nENERAL AUTHORITY .—Subject to the re-\nquirements of this section, the Secretary of Transportation shall manage programs to ad-dress national priorities for reducing highway deaths and injuries. Funds shall be allocated according to the priorities set forth in para-graphs (1) and (2). \n‘‘(1) G\nRANTS TO STATES .— \n‘‘(A) O CCUPANT PROTECTION .—16 percent of \nthe funds provided under this section in each fiscal year shall be allocated among States that adopt and implement effective occupant protec-tion programs to reduce highway deaths and in-juries resulting from individuals riding unre-strained or improperly restrained in motor vehi-cles (as described in subsection (b)). \n‘‘(B) S\nTATE TRAFFIC SAFETY INFORMATION SYS -\nTEM IMPROVEMENTS .—14.5 percent of the funds \nprovided under this section in each fiscal year shall be allocated among States that meet the re-quirements of the State traffic safety informa-tion system improvements (as described in sub-\nsection (c)). \n‘‘(C) I\nMPAIRED DRIVING COUNTERMEASURES .— \n52.5 percent of the funds provided under this section in each fiscal year shall be allocated among States that meet the requirements of the impaired driving countermeasures (as described in subsection (d)). \n‘‘(D) D\nISTRACTED DRIVING .—8.5 percent of the \nfunds provided under this section in each fiscal year shall be allocated among States that adopt and implement effective laws to reduce dis-tracted driving (as described in subsection (e)). \n‘‘(E) M\nOTORCYCLIST SAFETY .—1.5 percent of \nthe funds provided under this section in each fiscal year shall be allocated among States that implement motorcyclist safety programs (as de-scribed in subsection (f)). \n‘‘(F) S\nTATE GRADUATED DRIVER LICENSING \nLAWS .—5 percent of the funds provided under \nthis section in each fiscal year shall be allocated among States that adopt and implement grad-uated driver licensing laws (as described in sub-section (g)). \n‘‘(G) T\nRANSFERS .—Notwithstanding subpara-\ngraphs (A) through (F), the Secretary may re-allocate, before the last day of any fiscal year, any amounts remaining available to carry out any of the activities described in subsections (b) through (g) to increase the amount made avail-able to carry out any of the other activities de-scribed in such subsections, or the amount made available under section 402, in order to ensure, to the maximum extent possible, that all such amounts are obligated during such fiscal year. \n‘‘(H) M\nAINTENANCE OF EFFORT .— \n‘‘(i) R EQUIREMENTS .—No grant may be made \nto a State in any fiscal year under subsection (b), (c), or (d) unless the State enters into such agreements with the Secretary as the Secretary may require to ensure that the State will main-tain its aggregate expenditures from all State and local sources for programs described in those sections at or above the average level of such expenditures in its 2 fiscal years preceding the date of enactment of the Motor Vehicle and Highway Safety Improvement Act of 2012. \n‘‘(ii) W\nAIVER .—Upon the request of a State, \nthe Secretary may waive or modify the require-ments under clause (i) for not more than 1 fiscal year if the Secretary determines that such a waiver would be equitable due to exceptional or uncontrollable circumstances. \n‘‘(2) O\nTHER PRIORITY PROGRAMS .—Funds pro-\nvided under this section in each fiscal year may be used for research into technology to prevent alcohol-impaired driving (as described in sub-section 403(h)). \n‘‘(b) O\nCCUPANT PROTECTION GRANTS .— \n‘‘(1) G ENERAL AUTHORITY .—Subject to the re-\nquirements under this subsection, the Secretary of Transportation shall award grants to States that adopt and implement effective occupant protection programs to reduce highway deaths and injuries resulting from individuals riding unrestrained or improperly restrained in motor vehicles. \n‘‘(2) F\nEDERAL SHARE .—The Federal share of \nthe costs of activities funded using amounts from grants awarded under this subsection may not exceed 80 percent for each fiscal year for which a State receives a grant. \n‘‘(3) E\nLIGIBILITY .— \n‘‘(A) H IGH SEAT BELT USE RATE .—A State with \nan observed seat belt use rate of 90 percent or higher, based on the most recent data from a survey that conforms with national criteria es-tablished by the National Highway Traffic Safe-ty Administration, shall be eligible for a grant in a fiscal year if the State— \n‘‘(i) submits an occupant protection plan dur-\ning the first fiscal year; \n‘‘(ii) participates in the Click It or Ticket na-\ntional mobilization; \n‘‘(iii) has an active network of child restraint \ninspection stations; and \n‘‘(iv) has a plan to recruit, train, and main-\ntain a sufficient number of child passenger safe-ty technicians. \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00360 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4519 June 28, 2012 \n‘‘(B) L OWER SEAT BELT USE RATE .—A State \nwith an observed seat belt use rate below 90 per-cent, based on the most recent data from a sur-vey that conforms with national criteria estab-lished by the National Highway Traffic Safety Administration, shall be eligible for a grant in a fiscal year if— \n‘‘(i) the State meets all of the requirements \nunder clauses (i) through (iv) of subparagraph (A); and \n‘‘(ii) the Secretary determines that the State \nmeets at least 3 of the following criteria: \n‘‘(I) The State conducts sustained (on-going \nand periodic) seat belt enforcement at a defined level of participation during the year. \n‘‘(II) The State has enacted and enforces a \nprimary enforcement seat belt use law. \n‘‘(III) The State has implemented counter-\nmeasure programs for high-risk populations, such as drivers on rural roadways, unrestrained nighttime drivers, or teenage drivers. \n‘‘(IV) The State has enacted and enforces oc-\ncupant protection laws requiring front and rear occupant protection use by all occupants in an age-appropriate restraint. \n‘‘(V) The State has implemented a comprehen-\nsive occupant protection program in which the State has— \n‘‘(aa) conducted a program assessment; ‘‘(bb) developed a statewide strategic plan; ‘‘(cc) designated an occupant protection coor-\ndinator; and \n‘‘(dd) established a statewide occupant protec-\ntion task force. \n‘‘(VI) The State— ‘‘(aa) completed an assessment of its occupant \nprotection program during the 3-year period pre-ceding the grant year; or \n‘‘(bb) will conduct such an assessment during \nthe first year of the grant. \n‘‘(4) U\nSE OF GRANT AMOUNTS .— \n‘‘(A) I N GENERAL .—Grant funds received pur-\nsuant to this subsection may be used to— \n‘‘(i) carry out a program to support high-visi-\nbility enforcement mobilizations, including paid media that emphasizes publicity for the pro-gram, and law enforcement; \n‘‘(ii) carry out a program to train occupant \nprotection safety professionals, police officers, fire and emergency medical personnel, edu-cators, and parents concerning all aspects of the use of child restraints and occupant protection; \n‘‘(iii) carry out a program to educate the pub-\nlic concerning the proper use and installation of child restraints, including related equipment and information systems; \n‘‘(iv) carry out a program to provide commu-\nnity child passenger safety services, including programs about proper seating positions for children and how to reduce the improper use of child restraints; \n‘‘(v) purchase and distribute child restraints \nto low-income families, provided that not more than 5 percent of the funds received in a fiscal year are used for such purpose; and \n‘‘(vi) establish and maintain information sys-\ntems containing data concerning occupant pro-tection, including the collection and administra-tion of child passenger safety and occupant pro-tection surveys. \n‘‘(B) H\nIGH SEAT BELT USE RATE .—A State that \nis eligible for funds under paragraph (3)(A) may use up to 75 percent of such funds for any project or activity eligible for funding under sec-tion 402. \n‘‘(5) G\nRANT AMOUNT .—The allocation of grant \nfunds to a State under this subsection for a fis-cal year shall be in proportion to the State’s ap-portionment under section 402 for fiscal year 2009. \n‘‘(6) D\nEFINITIONS .—In this subsection: \n‘‘(A) C HILD RESTRAINT .—The term ‘child re-\nstraint’ means any device (including child safe-ty seat, booster seat, harness, and excepting seat belts) that is— \n‘‘(i) designed for use in a motor vehicle to re-\nstrain, seat, or position children who weigh 65 pounds (30 kilograms) or less; and ‘‘(ii) certified to the Federal motor vehicle \nsafety standard prescribed by the National Highway Traffic Safety Administration for child restraints. \n‘‘(B) S\nEAT BELT .—The term ‘seat belt’ means— \n‘‘(i) with respect to open-body motor vehicles, \nincluding convertibles, an occupant restraint system consisting of a lap belt or a lap belt and a detachable shoulder belt; and \n‘‘(ii) with respect to other motor vehicles, an \noccupant restraint system consisting of inte-grated lap and shoulder belts. \n‘‘(c) S\nTATE TRAFFIC SAFETY INFORMATION \nSYSTEM IMPROVEMENTS .— \n‘‘(1) G ENERAL AUTHORITY .—Subject to the re-\nquirements under this subsection, the Secretary of Transportation shall award grants to States to support the development and implementation of effective State programs that— \n‘‘(A) improve the timeliness, accuracy, com-\npleteness, uniformity, integration, and accessi-bility of the State safety data that is needed to identify priorities for Federal, State, and local highway and traffic safety programs; \n‘‘(B) evaluate the effectiveness of efforts to \nmake such improvements; \n‘‘(C) link the State data systems, including \ntraffic records, with other data systems within the State, such as systems that contain medical, roadway, and economic data; \n‘‘(D) improve the compatibility and interoper-\nability of the data systems of the State with na-tional data systems and data systems of other States; and \n‘‘(E) enhance the ability of the Secretary to \nobserve and analyze national trends in crash occurrences, rates, outcomes, and cir-cumstances. \n‘‘(2) F\nEDERAL SHARE .—The Federal share of \nthe cost of adopting and implementing in a fis-cal year a State program described in this sub-section may not exceed 80 percent. \n‘‘(3) E\nLIGIBILITY .—A State is not eligible for a \ngrant under this subsection in a fiscal year un-less the State demonstrates, to the satisfaction of the Secretary, that the State— \n‘‘(A) has a functioning traffic records coordi-\nnating committee (referred to in this paragraph as ‘TRCC’) that meets at least 3 times each year; \n‘‘(B) has designated a TRCC coordinator; ‘‘(C) has established a State traffic record \nstrategic plan that has been approved by the TRCC and describes specific quantifiable and measurable improvements anticipated in the State’s core safety databases, including crash, citation or adjudication, driver, emergency med-ical services or injury surveillance system, road-way, and vehicle databases; \n‘‘(D) has demonstrated quantitative progress \nin relation to the significant data program at-tribute of— \n‘‘(i) accuracy; ‘‘(ii) completeness; ‘‘(iii) timeliness; ‘‘(iv) uniformity; ‘‘(v) accessibility; or ‘‘(vi) integration of a core highway safety \ndatabase; and \n‘‘(E) has certified to the Secretary that an as-\nsessment of the State’s highway safety data and traffic records system was conducted or updated during the preceding 5 years. \n‘‘(4) U\nSE OF GRANT AMOUNTS .—Grant funds \nreceived by a State under this subsection shall be used for making data program improvements to core highway safety databases related to quantifiable, measurable progress in any of the 6 significant data program attributes set forth in paragraph (3)(D). \n‘‘(5) G\nRANT AMOUNT .—The allocation of grant \nfunds to a State under this subsection for a fis-cal year shall be in proportion to the State’s ap-portionment under section 402 for fiscal year 2009. \n‘‘(d) I\nMPAIRED DRIVING COUNTERMEASURES .— \n‘‘(1) I N GENERAL .—Subject to the requirements \nunder this subsection, the Secretary of Trans-portation shall award grants to States that adopt and implement— ‘‘(A) effective programs to reduce driving \nunder the influence of alcohol, drugs, or the combination of alcohol and drugs; or \n‘‘(B) alcohol-ignition interlock laws. ‘‘(2) F\nEDERAL SHARE .—The Federal share of \nthe costs of activities funded using amounts from grants under this subsection may not ex-ceed 80 percent in any fiscal year in which the State receives a grant. \n‘‘(3) E\nLIGIBILITY .— \n‘‘(A) L OW-RANGE STATES .—Low-range States \nshall be eligible for a grant under this sub-section. \n‘‘(B) M\nID-RANGE STATES .—A mid-range State \nshall be eligible for a grant under this sub-section if— \n‘‘(i) a statewide impaired driving task force in \nthe State developed a statewide plan during the most recent 3 calendar years to address the problem of impaired driving; or \n‘‘(ii) the State will convene a statewide im-\npaired driving task force to develop such a plan during the first year of the grant. \n‘‘(C) H\nIGH-RANGE STATES .—A high-range State \nshall be eligible for a grant under this sub-section if the State— \n‘‘(i)(I) conducted an assessment of the State’s \nimpaired driving program during the most recent 3 calendar years; or \n‘‘(II) will conduct such an assessment during \nthe first year of the grant; \n‘‘(ii) convenes, during the first year of the \ngrant, a statewide impaired driving task force to develop a statewide plan that— \n‘‘(I) addresses any recommendations from the \nassessment conducted under clause (i); \n‘‘(II) includes a detailed plan for spending \nany grant funds provided under this subsection; and \n‘‘(III) describes how such spending supports \nthe statewide program; and \n‘‘(iii)(I) submits the statewide plan to the Na-\ntional Highway Traffic Safety Administration during the first year of the grant for the agen-cy’s review and approval; \n‘‘(II) annually updates the statewide plan in \neach subsequent year of the grant; and \n‘‘(III) submits each updated statewide plan \nfor the agency’s review and comment. \n‘‘(4) U\nSE OF GRANT AMOUNTS .— \n‘‘(A) R EQUIRED PROGRAMS .—High-range \nStates shall use grant funds for— \n‘‘(i) high visibility enforcement efforts; and ‘‘(ii) any of the activities described in sub-\nparagraph (B) if— \n‘‘(I) the activity is described in the statewide \nplan; and \n‘‘(II) the Secretary approves the use of fund-\ning for such activity. \n‘‘(B) A\nUTHORIZED PROGRAMS .—Medium-range \nand low-range States may use grant funds for— \n‘‘(i) any of the purposes described in subpara-\ngraph (A); \n‘‘(ii) hiring a full-time or part-time impaired \ndriving coordinator of the State’s activities to address the enforcement and adjudication of laws regarding driving while impaired by alco-hol; \n‘‘(iii) court support of high visibility enforce-\nment efforts, training and education of criminal justice professionals (including law enforce-ment, prosecutors, judges, and probation offi-cers) to assist such professionals in handling im-paired driving cases, hiring traffic safety re-source prosecutors, hiring judicial outreach liai-sons, and establishing driving while intoxicated courts; \n‘‘(iv) alcohol ignition interlock programs; ‘‘(v) improving blood-alcohol concentration \ntesting and reporting; \n‘‘(vi) paid and earned media in support of \nhigh visibility enforcement efforts, and con-ducting standardized field sobriety training, ad-vanced roadside impaired driving evaluation training, and drug recognition expert training for law enforcement, and equipment and related expenditures used in connection with impaired driving enforcement in accordance with criteria \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00361 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4520 June 28, 2012 \nestablished by the National Highway Traffic \nSafety Administration; \n‘‘(vii) training on the use of alcohol screening \nand brief intervention; \n‘‘(viii) developing impaired driving informa-\ntion systems; and \n‘‘(ix) costs associated with a 24-7 sobriety pro-\ngram. \n‘‘(C) O THER PROGRAMS .—Low-range States \nmay use grant funds for any expenditure de-signed to reduce impaired driving based on prob-lem identification. Medium and high-range States may use funds for such expenditures upon approval by the Secretary. \n‘‘(5) G\nRANT AMOUNT .—Subject to paragraph \n(6), the allocation of grant funds to a State under this section for a fiscal year shall be in proportion to the State’s apportionment under section 402(c) for fiscal year 2009. \n‘‘(6) G\nRANTS TO STATES THAT ADOPT AND EN -\nFORCE MANDATORY ALCOHOL -IGNITION INTER -\nLOCK LAWS .— \n‘‘(A) I N GENERAL .—The Secretary shall make a \nseparate grant under this subsection to each State that adopts and is enforcing a mandatory alcohol-ignition interlock law for all individuals convicted of driving under the influence of alco-hol or of driving while intoxicated. \n‘‘(B) U\nSE OF FUNDS .—Grants authorized under \nsubparagraph (A) may be used by recipient States for any eligible activities under this sub-section or section 402. \n‘‘(C) A\nLLOCATION .—Amounts made available \nunder this paragraph shall be allocated among States described in subparagraph (A) on the basis of the apportionment formula set forth in section 402(c). \n‘‘(D) F\nUNDING .—Not more than 15 percent of \nthe amounts made available to carry out this subsection in a fiscal year shall be made avail-able by the Secretary for making grants under this paragraph. \n‘‘(7) D\nEFINITIONS .—In this subsection: \n‘‘(A) 24-7 SOBRIETY PROGRAM .—The term ‘24-7 \nsobriety program’ means a State law or program that authorizes a State court or a State agency, as a condition of sentence, probation, parole, or work permit, to— \n‘‘(i) require an individual who plead guilty or \nwas convicted of driving under the influence of alcohol or drugs to totally abstain from alcohol or drugs for a period of time; and \n‘‘(ii) require the individual to be subject to \ntesting for alcohol or drugs— \n‘‘(I) at least twice per day; ‘‘(II) by continuous transdermal alcohol moni-\ntoring via an electronic monitoring device; or \n‘‘(III) by an alternate method with the con-\ncurrence of the Secretary. \n‘‘(B) A\nVERAGE IMPAIRED DRIVING FATALITY \nRATE.—The term ‘average impaired driving fa-\ntality rate’ means the number of fatalities in motor vehicle crashes involving a driver with a blood alcohol concentration of at least 0.08 per-cent for every 100,000,000 vehicle miles traveled, based on the most recently reported 3 calendar years of final data from the Fatality Analysis Reporting System, as calculated in accordance with regulations prescribed by the Administrator of the National Highway Traffic Safety Admin-istration. \n‘‘(C) H\nIGH-RANGE STATE .—The term ‘high- \nrange State’ means a State that has an average impaired driving fatality rate of 0.60 or higher. \n‘‘(D) L\nOW-RANGE STATE .—The term ‘low-range \nState’ means a State that has an average im-paired driving fatality rate of 0.30 or lower. \n‘‘(E) M\nID-RANGE STATE .—The term ‘mid-range \nState’ means a State that has an average im-paired driving fatality rate that is higher than 0.30 and lower than 0.60. \n‘‘(e) D\nISTRACTED DRIVING GRANTS .— \n‘‘(1) I N GENERAL .—The Secretary shall award \na grant under this subsection to any State that enacts and enforces a statute that meets the re-quirements set forth in paragraphs (2) and (3). \n‘‘(2) P\nROHIBITION ON TEXTING WHILE DRIV -\nING.—A State statute meets the requirements set \nforth in this paragraph if the statute— ‘‘(A) prohibits drivers from texting through a \npersonal wireless communications device while driving; \n‘‘(B) makes violation of the statute a primary \noffense; and \n‘‘(C) establishes— ‘‘(i) a minimum fine for a first violation of the \nstatute; and \n‘‘(ii) increased fines for repeat violations. ‘‘(3) P\nROHIBITION ON YOUTH CELL PHONE USE \nWHILE DRIVING .—A State statute meets the re-\nquirements set forth in this paragraph if the statute— \n‘‘(A) prohibits a driver who is younger than 18 \nyears of age from using a personal wireless com-munications device while driving; \n‘‘(B) makes violation of the statute a primary \noffense; \n‘‘(C) requires distracted driving issues to be \ntested as part of the State driver’s license exam-ination; and \n‘‘(D) establishes— ‘‘(i) a minimum fine for a first violation of the \nstatute; and \n‘‘(ii) increased fines for repeat violations. ‘‘(4) P\nERMITTED EXCEPTIONS .—A statute that \nmeets the requirements set forth in paragraphs (2) and (3) may provide exceptions for— \n‘‘(A) a driver who uses a personal wireless \ncommunications device to contact emergency services; \n‘‘(B) emergency services personnel who use a \npersonal wireless communications device while— \n‘‘(i) operating an emergency services vehicle; \nand \n‘‘(ii) engaged in the performance of their du-\nties as emergency services personnel; and \n‘‘(C) an individual employed as a commercial \nmotor vehicle driver or a school bus driver who uses a personal wireless communications device within the scope of such individual’s employ-ment if such use is permitted under the regula-tions promulgated pursuant to section 31152 of title 49. \n‘‘(5) U\nSE OF GRANT FUNDS .—Of the amounts \nreceived by a State under this subsection— \n‘‘(A) at least 50 percent shall be used— ‘‘(i) to educate the public through advertising \ncontaining information about the dangers of texting or using a cell phone while driving; \n‘‘(ii) for traffic signs that notify drivers about \nthe distracted driving law of the State; or \n‘‘(iii) for law enforcement costs related to the \nenforcement of the distracted driving law; and \n‘‘(B) up to 50 percent may be used for any eli-\ngible project or activity under section 402. \n‘‘(6) A\nDDITIONAL GRANTS .—In the first fiscal \nyear that grants are awarded under this sub-section, the Secretary may use up to 25 percent of the amounts available for grants under this subsection to award grants to States that— \n‘‘(A) enacted statutes before the date of enact-\nment of the Motor Vehicle and Highway Safety Improvement Act of 2012, which meet the re-quirements set forth in subparagraphs (A) and (B) of paragraph (2); and \n‘‘(B) are otherwise ineligible for a grant under \nthis subsection. \n‘‘(7) A\nLLOCATION TO SUPPORT STATE DIS -\nTRACTED DRIVING LAWS .—Of the amounts avail-\nable under this subsection in a fiscal year for distracted driving grants, the Secretary may ex-pend up to $5,000,000 for the development and placement of broadcast media to support the en-forcement of State distracted driving laws. \n‘‘(8) D\nISTRACTED DRIVING STUDY .— \n‘‘(A) I N GENERAL .—The Secretary shall con-\nduct a study of all forms of distracted driving. \n‘‘(B) C OMPONENTS .—The study conducted \nunder subparagraph (A) shall— \n‘‘(i) examine the effect of distractions other \nthan the use of personal wireless communica-tions on motor vehicle safety; \n‘‘(ii) identify metrics to determine the nature \nand scope of the distracted driving problem; \n‘‘(iii) identify the most effective methods to \nenhance education and awareness; and \n‘‘(iv) identify the most effective method of re-\nducing deaths and injuries caused by all forms of distracted driving. ‘‘(C) R\nEPORT .—Not later than 1 year after the \ndate of enactment of the Motor Vehicle and Highway Safety Improvement Act of 2012, the Secretary shall submit a report containing the results of the study conducted under this para-graph to— \n‘‘(i) the Committee on Commerce, Science, and \nTransportation of the Senate; and \n‘‘(ii) the Committee on Transportation and In-\nfrastructure of the House of Representatives. \n‘‘(9) D\nEFINITIONS .—In this subsection: \n‘‘(A) D RIVING .—The term ‘driving’— \n‘‘(i) means operating a motor vehicle on a \npublic road, including operation while tempo-rarily stationary because of traffic, a traffic light or stop sign, or otherwise; and \n‘‘(ii) does not include operating a motor vehi-\ncle when the vehicle has pulled over to the side of, or off, an active roadway and has stopped in a location where it can safely remain sta-tionary. \n‘‘(B) P\nERSONAL WIRELESS COMMUNICATIONS \nDEVICE .—The term ‘personal wireless commu-\nnications device’— \n‘‘(i) means a device through which personal \nwireless services (as defined in section 332(c)(7)(C)(i) of the Communications Act of 1934 (47 U.S.C. 332(c)(7)(C)(i))) are transmitted; and \n‘‘(ii) does not include a global navigation sat-\nellite system receiver used for positioning, emer-gency notification, or navigation purposes. \n‘‘(C) P\nRIMARY OFFENSE .—The term ‘primary \noffense’ means an offense for which a law en-forcement officer may stop a vehicle solely for the purpose of issuing a citation in the absence of evidence of another offense. \n‘‘(D) P\nUBLIC ROAD .—The term ‘public road’ \nhas the meaning given such term in section 402(c). \n‘‘(E) T\nEXTING .—The term ‘texting’ means \nreading from or manually entering data into a personal wireless communications device, in-cluding doing so for the purpose of SMS texting, e-mailing, instant messaging, or engaging in any other form of electronic data retrieval or electronic data communication. \n‘‘(f) M\nOTORCYCLIST SAFETY .— \n‘‘(1) G RANTS AUTHORIZED .—Subject to the re-\nquirements under this subsection, the Secretary shall award grants to States that adopt and im-plement effective programs to reduce the number \nof single- and multi-vehicle crashes involving motorcyclists. \n‘‘(2) A\nLLOCATION .—The amount of a grant \nawarded to a State for a fiscal year under this subsection may not exceed 25 percent of the amount apportioned to the State for fiscal year 2003 under section 402. \n‘‘(3) G\nRANT ELIGIBILITY .—A State becomes eli-\ngible for a grant under this subsection by adopt-ing or demonstrating to the satisfaction of the Secretary, at least 2 of the following criteria: \n‘‘(A) M\nOTORCYCLE RIDER TRAINING COURSES .— \nAn effective motorcycle rider training course that is offered throughout the State, which— \n‘‘(i) provides a formal program of instruction \nin accident avoidance and other safety-oriented operational skills to motorcyclists; and \n‘‘(ii) may include innovative training opportu-\nnities to meet unique regional needs. \n‘‘(B) M\nOTORCYCLISTS AWARENESS PROGRAM .— \nAn effective statewide program to enhance mo-torist awareness of the presence of motorcyclists on or near roadways and safe driving practices that avoid injuries to motorcyclists. \n‘‘(C) R\nEDUCTION OF FATALITIES AND CRASHES \nINVOLVING MOTORCYCLES .—A reduction for the \npreceding calendar year in the number of motor-cycle fatalities and the rate of motor vehicle crashes involving motorcycles in the State (ex-pressed as a function of 10,000 motorcycle reg-istrations). \n‘‘(D) I\nMPAIRED DRIVING PROGRAM .—Implemen-\ntation of a statewide program to reduce im-paired driving, including specific measures to reduce impaired motorcycle operation. \n‘‘(E) R\nEDUCTION OF FATALITIES AND ACCIDENTS \nINVOLVING IMPAIRED MOTORCYCLISTS .—A reduc-\ntion for the preceding calendar year in the num-ber of fatalities and the rate of reported crashes \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00362 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4521 June 28, 2012 \ninvolving alcohol- or drug-impaired motorcycle \noperators (expressed as a function of 10,000 mo-torcycle registrations). \n‘‘(F) F\nEES COLLECTED FROM MOTORCYCLISTS .— \nAll fees collected by the State from motorcyclists for the purposes of funding motorcycle training and safety programs will be used for motorcycle training and safety purposes. \n‘‘(4) E\nLIGIBLE USES .— \n‘‘(A) I N GENERAL .—A State may use funds \nfrom a grant under this subsection only for mo-torcyclist safety training and motorcyclist awareness programs, including— \n‘‘(i) improvements to motorcyclist safety train-\ning curricula; \n‘‘(ii) improvements in program delivery of mo-\ntorcycle training to both urban and rural areas, including— \n‘‘(I) procurement or repair of practice motor-\ncycles; \n‘‘(II) instructional materials; ‘‘(III) mobile training units; and \n‘‘(IV) leasing or purchasing facilities for \nclosed-course motorcycle skill training; \n‘‘(iii) measures designed to increase the re-\ncruitment or retention of motorcyclist safety training instructors; and \n‘‘(iv) public awareness, public service an-\nnouncements, and other outreach programs to enhance driver awareness of motorcyclists, such as the ‘share-the-road’ safety messages devel-oped under subsection (g). \n‘‘(B) S\nUBALLOCATIONS OF FUNDS .—An agency \nof a State that receives a grant under this sub-section may suballocate funds from the grant to a nonprofit organization incorporated in that State to carry out this subsection. \n‘‘(5) D\nEFINITIONS .—In this subsection: \n‘‘(A) M OTORCYCLIST AWARENESS .—The term \n‘motorcyclist awareness’ means individual or collective awareness of— \n‘‘(i) the presence of motorcycles on or near \nroadways; and \n‘‘(ii) safe driving practices that avoid injury \nto motorcyclists. \n‘‘(B) M\nOTORCYCLIST AWARENESS PROGRAM .— \nThe term ‘motorcyclist awareness program’ means an informational or public awareness program designed to enhance motorcyclist awareness that is developed by or in coordina-tion with the designated State authority having jurisdiction over motorcyclist safety issues, which may include the State motorcycle safety administrator or a motorcycle advisory council appointed by the governor of the State. \n‘‘(C) M\nOTORCYCLIST SAFETY TRAINING .—The \nterm ‘motorcyclist safety training’ means a for-mal program of instruction that is approved for use in a State by the designated State authority having jurisdiction over motorcyclist safety issues, which may include the State motorcycle safety administrator or a motorcycle advisory council appointed by the governor of the State. \n‘‘(D) S\nTATE.—The term ‘State’ has the mean-\ning given such term in section 101(a) of title 23, United States Code. \n‘‘(g) S\nTATE GRADUATED DRIVER LICENSING IN-\nCENTIVE GRANT.— \n‘‘(1) G RANTS AUTHORIZED .—Subject to the re-\nquirements under this subsection, the Secretary shall award grants to States that adopt and im-plement graduated driver licensing laws in ac-cordance with the requirements set forth in paragraph (2). \n‘‘(2) M\nINIMUM REQUIREMENTS .— \n‘‘(A) I N GENERAL .—A State meets the require-\nments set forth in this paragraph if the State has a graduated driver licensing law that re-quires novice drivers younger than 21 years of age to comply with the 2-stage licensing process described in subparagraph (B) before receiving an unrestricted driver’s license. \n‘‘(B) L\nICENSING PROCESS .—A State is in com-\npliance with the 2-stage licensing process de-scribed in this subparagraph if the State’s driv-er’s license laws include— \n‘‘(i) a learner’s permit stage that— ‘‘(I) is at least 6 months in duration; ‘‘(II) prohibits the driver from using a cellular \ntelephone or any communications device in a nonemergency situation; and \n‘‘(III) remains in effect until the driver— ‘‘(aa) reaches 16 years of age and enters the \nintermediate stage; or \n‘‘(bb) reaches 18 years of age; ‘‘(ii) an intermediate stage that— ‘‘(I) commences immediately after the expira-\ntion of the learner’s permit stage; \n‘‘(II) is at least 6 months in duration; ‘‘(III) prohibits the driver from using a cel-\nlular telephone or any communications device in a nonemergency situation; \n‘‘(IV) restricts driving at night; ‘‘(V) prohibits the driver from operating a \nmotor vehicle with more than 1 nonfamilial pas-senger younger than 21 years of age unless a li-censed driver who is at least 21 years of age is in the motor vehicle; and \n‘‘(VI) remains in effect until the driver \nreaches 18 years of age; and \n‘‘(iii) any other requirement prescribed by the \nSecretary of Transportation, including— \n‘‘(I) in the learner’s permit stage— ‘‘(aa) at least 40 hours of behind-the-wheel \ntraining with a licensed driver who is at least 21 years of age; \n‘‘(bb) a driver training course; and ‘‘(cc) a requirement that the driver be accom-\npanied and supervised by a licensed driver, who is at least 21 years of age, at all times while such driver is operating a motor vehicle; and \n‘‘(II) in the learner’s permit or intermediate \nstage, a requirement, in addition to any other penalties imposed by State law, that the grant of an unrestricted driver’s license be automati-cally delayed for any individual who, during the learner’s permit or intermediate stage, is convicted of a driving-related offense, includ-ing— \n‘‘(aa) driving while intoxicated; ‘‘(bb) misrepresentation of his or her true age; ‘‘(cc) reckless driving; ‘‘(dd) driving without wearing a seat belt; ‘‘(ee) speeding; or ‘‘(ff) any other driving-related offense, as de-\ntermined by the Secretary. \n‘‘(3) R\nULEMAKING .— \n‘‘(A) I N GENERAL .—The Secretary shall pro-\nmulgate regulations necessary to implement the requirements set forth in paragraph (2), in ac-cordance with the notice and comment provi-sions under section 553 of title 5. \n‘‘(B) E\nXCEPTION .—A State that otherwise \nmeets the minimum requirements set forth in paragraph (2) shall be deemed by the Secretary to be in compliance with the requirement set forth in paragraph (2) if the State enacted a law before January 1, 2011, establishing a class of li-cense that permits licensees or applicants younger than 18 years of age to drive a motor vehicle— \n‘‘(i) in connection with work performed on, or \nfor the operation of, a farm owned by family members who are directly related to the appli-cant or licensee; or \n‘‘(ii) if demonstrable hardship would result \nfrom the denial of a license to the licensees or applicants. \n‘‘(4) A\nLLOCATION .—Grant funds allocated to a \nState under this subsection for a fiscal year shall be in proportion to a State’s apportion-ment under section 402 for such fiscal year. \n‘‘(5) U\nSE OF FUNDS .—Of the grant funds re-\nceived by a State under this subsection— \n‘‘(A) at least 25 percent shall be used for— ‘‘(i) enforcing a 2-stage licensing process that \ncomplies with paragraph (2); \n‘‘(ii) training for law enforcement personnel \nand other relevant State agency personnel relat-ing to the enforcement described in clause (i); \n‘‘(iii) publishing relevant educational mate-\nrials that pertain directly or indirectly to the State graduated driver licensing law; \n‘‘(iv) carrying out other administrative activi-\nties that the Secretary considers relevant to the State’s 2-stage licensing process; and ‘‘(v) carrying out a teen traffic safety program \ndescribed in section 402(m); and \n‘‘(B) up to 75 percent may be used for any eli-\ngible project or activity under section 402.’’. \n(b) C\nONFORMING AMENDMENT .—The analysis \nfor chapter 4 of title 23, United States Code, is amended by striking the item relating to section 405 and inserting the following: \n‘‘405. National priority safety programs.’’. \nSEC. 31106. HIGH VISIBILITY ENFORCEMENT PRO-\nGRAM. \nSection 2009 of SAFETEA–LU (23 U.S.C. 402 \nnote) is amended— \n(1) in subsection (a)— (A) by striking ‘‘at least 2’’ and inserting ‘‘at \nleast 3’’; and \n(B) by striking ‘‘years 2006 through 2012.’’ \nand inserting ‘‘fiscal years 2013 and 2014. The Administrator may also initiate and support ad-ditional campaigns in each of fiscal years 2013 and 2014 for the purposes specified in subsection (b).’’; \n(2) in subsection (b), by striking ‘‘either or \nboth’’ and inserting ‘‘outcomes related to at least 1’’; \n(3) in subsection (c), by inserting ‘‘and Inter-\nnet-based outreach’’ after ‘‘print media adver-tising’’; \n(4) in subsection (e), by striking ‘‘subsections \n(a), (c), and (f)’’ and inserting ‘‘subsection (c)’’; \n(5) by striking subsection (f); and (6) by redesignating subsection (g) as sub-\nsection (f). \nSEC. 31107. AGENCY ACCOUNTABILITY. \nSection 412 of title 23, United States Code, is \namended— \n(1) by amending subsection (a) to read as fol-\nlows: \n‘‘(a) T RIENNIAL STATE MANAGEMENT RE-\nVIEWS .— \n‘‘(1) I N GENERAL .—Except as provided under \nparagraph (2), the Secretary shall conduct a re-view of each State highway safety program at least once every 3 years. \n‘‘(2) E\nXCEPTIONS .—The Secretary may conduct \nreviews of the highway safety programs of the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands as often as the Secretary deter-mines to be appropriate. \n‘‘(3) C\nOMPONENTS .—Reviews under this sub-\nsection shall include— \n‘‘(A) a management evaluation of all grant \nprograms funded under this chapter; \n‘‘(B) an assessment of State data collection \nand evaluation relating to performance meas-ures established by the Secretary; \n‘‘(C) a comparison of State efforts under sub-\nparagraphs (A) and (B) to best practices and programs that have been evaluated for effective-ness; and \n‘‘(D) the development of recommendations on \nhow each State could— \n‘‘(i) improve the management and oversight of \nits grant activities; and \n‘‘(ii) provide a management and oversight \nplan for such grant programs.’’; and \n(2) by striking subsection (f). \nSEC. 31108. EMERGENCY MEDICAL SERVICES. \nSection 10202 of Public Law 109–59 (42 U.S.C. \n300d–4), is amended by adding at the end the following: \n‘‘(b) N\nATIONAL EMERGENCY MEDICAL SERVICES \nADVISORY COUNCIL .— \n‘‘(1) E STABLISHMENT .—The Secretary of \nTransportation, in coordination with the Sec-retary of Health and Human Services and the Secretary of Homeland Security, shall establish a National Emergency Medical Services Advi-sory Council (referred to in this subsection as the ‘Advisory Council’). \n‘‘(2) M\nEMBERSHIP .—The Advisory Council \nshall be composed of 25 members, who— \n‘‘(A) shall be appointed by the Secretary of \nTransportation; and \n‘‘(B) shall collectively be representative of all \nsectors of the emergency medical services com-munity. \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00363 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4522 June 28, 2012 \n‘‘(3) P URPOSES .—The purposes of the Advisory \nCouncil are to advise and consult with— \n‘‘(A) the Federal Interagency Committee on \nEmergency Medical Services on matters relating to emergency medical services issues; and \n‘‘(B) the Secretary of Transportation on mat-\nters relating to emergency medical services issues affecting the Department of Transpor-tation. \n‘‘(4) A\nDMINISTRATION .—The Administrator of \nthe National Highway Traffic Safety Adminis-tration shall provide administrative support to the Advisory Council, including scheduling meetings, setting agendas, keeping minutes and records, and producing reports. \n‘‘(5) L\nEADERSHIP .—The members of the Advi-\nsory Council shall annually select a chairperson of the Advisory Council. \n‘‘(6) M\nEETINGS .—The Advisory Council shall \nmeet as frequently as is determined necessary by the chairperson of the Advisory Council. \n‘‘(7) A\nNNUAL REPORTS .—The Advisory Council \nshall prepare an annual report to the Secretary of Transportation regarding the Advisory Coun-cil’s actions and recommendations.’’. \nSEC. 31109. REPEAL OF PROGRAMS. \n(a) G ENERAL PROVISION .—A repeal made by \nthis section shall not affect amounts appor-tioned or allocated before the effective date of such repeal, provided that such apportioned or allocated funds continue to be subject to the re-quirements to which such funds were subject under the repealed section as in effect on the day before the date of the repeal. \n(b) S\nAFETY BELTPERFORMANCE GRANTS .—Sec-\ntion 406 of title 23, United States Code, and the item relating to section 406 in the analysis for chapter 4 of title 23, United States Code, are re-pealed. \n(c) I\nNNOVATIVE PROJECT GRANTS .—Section 407 \nof title 23, United States Code, and the item re-lating to section 407 in the analysis for chapter 4, are repealed. \n(d) S\nTATE TRAFFIC SAFETY INFORMATION SYS-\nTEM IMPROVEMENTS .—Section 408 of title 23, \nUnited States Code, and the item relating to sec-tion 408 in the analysis for chapter 4, are re-pealed. \n(e) A\nLCOHOL -IMPAIRED DRIVING COUNTER -\nMEASURES .—Section 410 of title 23, United States \nCode, and the item relating to section 410 in the analysis for chapter 4, are repealed. \n(f) S\nTATE HIGHWAY SAFETY DATAIMPROVE -\nMENTS .—Section 411 of title 23, United States \nCode, and the item relating to section 411 in the analysis for chapter 4, are repealed. \n(g) M\nOTORCYCLIST SAFETY .—Section 2010 of \nSAFETEA-LU (23 U.S.C. 402 note), and the item relating to section 2010 in the table of contents under section 1(b) of such Act, are repealed. \n(h) C\nHILD SAFETY AND CHILD BOOSTER SEAT \nINCENTIVE GRANTS .—Section 2011 of SAFETEA- \nLU (23 U.S.C. 405 note), and the item relating to section 2011 in the table of contents under sec-tion 1(b) of that Act, are repealed. \n(i) D\nRUG-IMPAIRED DRIVING ENFORCEMENT .— \nSection 2013 of SAFETEA-LU (23 U.S.C. 403 note), and the item relating to section 2013 in the table of contents under section 1(b) of that Act, are repealed. \n(j) F\nIRST RESPONDER VEHICLE SAFETY PRO-\nGRAM .—Section 2014 of SAFETEA-LU (23 U.S.C. \n402 note), and the item relating to section 2014 in the table of contents under section 1(b) of that Act, are repealed. \n(k) R\nURAL STATE EMERGENCY MEDICAL SERV-\nICES OPTIMIZATION PILOT PROGRAM .—Section \n2016 of SAFETEA-LU (119 Stat. 1541), and the item relating to section 2016 in the table of con-tents under section 1(b) of that Act, are re-pealed. \n(l) O\nLDER DRIVER SAFETY ; LAWENFORCEMENT \nTRAINING .—Section 2017 of SAFETEA-LU (119 \nStat. 1541), and the item relating to section 2017 in the table of contents under section 1(b) of that Act, are repealed. Subtitle B—Enhanced Safety Authorities \nSEC. 31201. DEFINITION OF MOTOR VEHICLE \nEQUIPMENT. \nSection 30102(a)(7)(C) of title 49, United States \nCode, is amended to read as follows: \n‘‘(C) any device or an article or apparel, in-\ncluding a motorcycle helmet and excluding med-icine or eyeglasses prescribed by a licensed prac-titioner, that— \n‘‘(i) is not a system, part, or component of a \nmotor vehicle; and \n‘‘(ii) is manufactured, sold, delivered, or of-\nfered to be sold for use on public streets, roads, and highways with the apparent purpose of safeguarding users of motor vehicles against risk of accident, injury, or death.’’. \nSEC. 31202. PERMIT REMINDER SYSTEM FOR NON- \nUSE OF SAFETY BELTS. \n(a) I NGENERAL .—Chapter 301 of title 49, \nUnited States Code, is amended— \n(1) in section 30122, by striking subsection (d); \nand \n(2) by amending section 30124 to read as fol-\nlows: \n‘‘§ 30124. Nonuse of safety belts \n‘‘A motor vehicle safety standard prescribed \nunder this chapter may not require a manufac-turer to comply with the standard by using a safety belt interlock designed to prevent starting or operating a motor vehicle if an occupant is not using a safety belt.’’. \n(b) C\nONFORMING AMENDMENT .—The analysis \nfor chapter 301 of title 49, United States Code, is amended by striking the item relating to section 30124 and inserting the following: \n‘‘Sec. 30124. Nonuse of safety belts.’’. \nSEC. 31203. CIVIL PENALTIES. \n(a) I NGENERAL .—Section 30165 of title 49, \nUnited States Code, is amended— \n(1) in subsection (a)— (A) in paragraph (1)— (i) by striking ‘‘30123(d)’’ and inserting \n‘‘30123(a)’’; and \n(ii) by striking ‘‘$15,000,000’’ and inserting \n‘‘$35,000,000’’; and \n(B) in paragraph (3), by striking ‘‘$15,000,000’’ \nand inserting ‘‘$35,000,000’’; and \n(2) by amending subsection (c) to read as fol-\nlows: \n‘‘(c) R\nELEVANT FACTORS IN DETERMINING \nAMOUNT OF PENALTY OR COMPROMISE .—In de-\ntermining the amount of a civil penalty or com-promise under this section, the Secretary of Transportation shall consider the nature, cir-cumstances, extent, and gravity of the violation. Such determination shall include, as appro-priate— \n‘‘(1) the nature of the defect or noncompli-\nance; \n‘‘(2) knowledge by the person charged of its \nobligations under this chapter; \n‘‘(3) the severity of the risk of injury; ‘‘(4) the occurrence or absence of injury; ‘‘(5) the number of motor vehicles or items of \nmotor vehicle equipment distributed with the de-fect or noncompliance; \n‘‘(6) actions taken by the person charged to \nidentify, investigate, or mitigate the condition; \n‘‘(7) the appropriateness of such penalty in re-\nlation to the size of the business of the person charged, including the potential for undue ad-verse economic impacts; \n‘‘(8) whether the person has been assessed \ncivil penalties under this section during the most recent 5 years; and \n‘‘(9) other appropriate factors.’’. (b) C\nIVILPENALTY CRITERIA .—Not later than \n1 year after the date of enactment of this Act, the Secretary shall issue a final rule, in accord-ance with the procedures of section 553 of title 5, United States Code, which provides an inter-pretation of the penalty factors described in sec-tion 30165(c) of title 49, United States Code. \n(c) E\nFFECTIVE DATE.—The amendments made \nby subsection (a) shall take effect on the date that is the earlier of the date on which final reg-ulations are issued under subsection (b) or 1 \nyear after the date of enactment of this Act. \nSEC. 31204. MOTOR VEHICLE SAFETY RESEARCH \nAND DEVELOPMENT. \n(a) I NGENERAL .—Chapter 301 of title 49, \nUnited States Code, is amended by adding at the end the following: \n‘‘SUBCHAPTER V—MOTOR VEHICLE \nSAFETY RESEARCH AND DEVELOPMENT \n‘‘§ 30181. Policy \n‘‘The Secretary of Transportation shall con-\nduct research, development, and testing on any area or aspect of motor vehicle safety necessary to carry out this chapter. \n‘‘§ 30182. Powers and duties \n‘‘(a) I\nNGENERAL .—The Secretary of Transpor-\ntation shall— \n‘‘(1) conduct motor vehicle safety research, de-\nvelopment, and testing programs and activities, including activities related to new and emerging technologies that impact or may impact motor vehicle safety; \n‘‘(2) collect and analyze all types of motor ve-\nhicle and highway safety data and related in-formation to determine the relationship between motor vehicle or motor vehicle equipment per-formance characteristics and— \n‘‘(A) accidents involving motor vehicles; and \n‘‘(B) deaths or personal injuries resulting from \nthose accidents. \n‘‘(b) A\nCTIVITIES .—In carrying out a program \nunder this section, the Secretary of Transpor-tation may— \n‘‘(1) promote, support, and advance the edu-\ncation and training of motor vehicle safety staff of the National Highway Traffic Safety Admin-istration in motor vehicle safety research pro-grams and activities, including using program funds for planning, implementing, conducting, and presenting results of program activities, and for related expenses; \n‘‘(2) obtain experimental and other motor ve-\nhicles and motor vehicle equipment for research or testing; \n‘‘(3)(A) use any test motor vehicles and motor \nvehicle equipment suitable for continued use, as determined by the Secretary to assist in carrying out this chapter or any other chapter of this title; or \n‘‘(B) sell or otherwise dispose of test motor ve-\nhicles and motor vehicle equipment and use the resulting proceeds to carry out this chapter; \n‘‘(4) award grants to States and local govern-\nments, interstate authorities, and nonprofit in-stitutions; and \n‘‘(5) enter into cooperative agreements, col-\nlaborative research, or contracts with Federal agencies, interstate authorities, State and local governments, other public entities, private orga-nizations and persons, nonprofit institutions, colleges and universities, consumer advocacy groups, corporations, partnerships, sole propri-etorships, trade associations, Federal labora-tories (including government-owned, govern-ment-operated laboratories and government- owned, contractor-operated laboratories), and research organizations. \n‘‘(c) U\nSE OF PUBLIC AGENCIES .—In carrying \nout this subchapter, the Secretary shall avoid duplication by using the services, research, and testing facilities of public agencies, as appro-priate. \n‘‘(d) F\nACILITIES .—The Secretary may plan, de-\nsign, and construct a new facility or modify an existing facility to conduct research, develop-ment, and testing in traffic safety, highway safety, and motor vehicle safety. An expenditure of more than $1,500,000 for planning, design, or construction may be made only if 60 days prior notice of the planning, design, or construction is provided to the Committees on Science, Space, and Technology and Transportation and Infra-structure of the House of Representatives and the Committees on Commerce, Science, and Transportation and Environment and Public Works of the Senate. The notice shall include— \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00364 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4523 June 28, 2012 \n‘‘(1) a brief description of the facility being \nplanned, designed, or constructed; \n‘‘(2) the location of the facility; ‘‘(3) an estimate of the maximum cost of the \nfacility; \n‘‘(4) a statement identifying private and pub-\nlic agencies that will use the facility and the contribution each agency will make to the cost of the facility; and \n‘‘(5) a justification of the need for the facility. ‘‘(e) I\nNCREASING COSTS OF APPROVED FACILI -\nTIES.—The estimated maximum cost of a facility \nnoticed under subsection (d) may be increased by an amount equal to the percentage increase in construction costs from the date the notice is submitted to Congress. However, the increase in the cost of the facility may not be more than 10 percent of the estimated maximum cost included in the notice. The Secretary shall decide what increase in construction costs has occurred. \n‘‘(f) A\nVAILABILITY OF INFORMATION , PATENTS , \nAND DEVELOPMENTS .—When the United States \nGovernment makes more than a minimal con-tribution to a research or development activity under this chapter, the Secretary shall include in the arrangement for the activity a provision to ensure that all information, patents, and de-velopments related to the activity are available to the public. The owner of a background patent may not be deprived of a right under the patent. \n‘‘§ 30183. Prohibition on certain disclosures. \n‘‘Any report of the National Highway Traffic \nSafety Administration, or of any officer, em-ployee, or contractor of the National Highway Traffic Safety Administration, relating to any highway traffic accident or the investigation of such accident conducted pursuant to this chap-ter or section 403 of title 23, may be made avail-able to the public only in a manner that does not identify individuals.’’. \n(b) C\nONFORMING AMENDMENTS .— \n(1) A MENDMENT OF CHAPTER ANALYSIS .—The \nchapter analysis for chapter 301 of title 49, United States Code, is amended by adding at the end the following: \n‘‘\nSUBCHAPTER V —MOTOR VEHICLE SAFETY \nRESEARCH AND DEVELOPMENT \n‘‘30181. Policy. \n‘‘30182. Powers and duties. ‘‘30183. Prohibition on certain disclosures.’’. \n(2) D\nELETION OF REDUNDANT MATERIAL .— \nChapter 301 of title 49, United States Code, is amended— \n(A) in the chapter analysis, by striking the \nitem relating to section 30168; and \n(B) by striking section 30168. \nSEC. 31205. ODOMETER REQUIREMENTS. \n(a) D EFINITION .—Section 32702(5) of title 49, \nUnited States Code, is amended by inserting ‘‘or system of components’’ after ‘‘instrument’’. \n(b) E\nLECTRONIC DISCLOSURES OF ODOMETER \nINFORMATION .—Section 32705 of title 49, United \nStates Code, is amended by adding at the end the following: \n‘‘(g) E\nLECTRONIC DISCLOSURES .—Not later \nthan 18 months after the date of enactment of the Motor Vehicle and Highway Safety Improve-ment Act of 2012, in carrying out this section, the Secretary shall prescribe regulations permit-ting any written disclosures or notices and re-lated matters to be provided electronically.’’. \nSEC. 31206. INCREASED PENALTIES AND DAM-\nAGES FOR ODOMETER FRAUD. \nChapter 327 of title 49, United States Code, is \namended— \n(1) in section 32709(a)(1)— (A) by striking ‘‘$2,000’’ and inserting \n‘‘$10,000’’; and \n(B) by striking ‘‘$100,000’’ and inserting \n‘‘$1,000,000’’; and \n(2) in section 32710(a), by striking ‘‘$1,500’’ \nand inserting ‘‘$10,000’’. \nSEC. 31207. EXTEND PROHIBITIONS ON IMPORT-\nING NONCOMPLIANT VEHICLES AND EQUIPMENT TO DEFECTIVE VEHI-CLES AND EQUIPMENT. \nSection 30112 of title 49, United States Code, is \namended— (1) in subsection (a), by adding at the end the \nfollowing: \n‘‘(3) Except as provided in this section, section \n30114, subsections (i) and (j) of section 30120, and subchapter III, a person may not sell, offer for sale, introduce or deliver for introduction in interstate commerce, or import into the United States any motor vehicle or motor vehicle equip-ment if the vehicle or equipment contains a de-fect related to motor vehicle safety about which notice was given under section 30118(c) or an order was issued under section 30118(b). Nothing in this paragraph may be construed to prohibit the importation of a new motor vehicle that re-ceives a required recall remedy before being sold to a consumer in the United States.’’; and \n(2) in subsection (b)(2)— (A) in subparagraph (A), by striking ‘‘or’’ at \nthe end; \n(B) in subparagraph (B), by adding ‘‘or’’ at \nthe end; and \n(C) by adding at the end the following: ‘‘(C) having no reason to know, despite exer-\ncising reasonable care, that a motor vehicle or motor vehicle equipment contains a defect re-lated to motor vehicle safety about which notice was given under section 30118(c) or an order was issued under section 30118(b);’’. \nSEC. 31208. CONDITIONS ON IMPORTATION OF VE-\nHICLES AND EQUIPMENT. \nChapter 301 of title 49, United States Code, is \namended— \n(1) in the chapter analysis, by striking the \nitem relating to section 30164 and inserting the following: \n‘‘30164. Service of process; conditions on impor-\ntation of vehicles and equip-ment.’’; \nand \n(2) in section 30164— (A) in the section heading, by adding ‘‘; CON-\nDITIONS ON IMPORTATION OF VEHICLES AND EQUIPMENT ’’ at the end; and \n(B) by adding at the end the following: ‘‘(c) I\nDENTIFYING INFORMATION .—A manufac-\nturer (including an importer) offering a motor vehicle or motor vehicle equipment for import shall provide, upon request, such information that is necessary to identify and track the prod-ucts as the Secretary, by rule, may specify, in-cluding— \n‘‘(1) the product by name and the manufac-\nturer’s address; and \n‘‘(2) each retailer or distributor to which the \nmanufacturer directly supplied motor vehicles or motor vehicle equipment over which the Sec-retary has jurisdiction under this chapter. \n‘‘(d) R\nEGULATIONS ON THE IMPORT OF A \nMOTOR VEHICLE .—The Secretary may issue reg-\nulations that— \n‘‘(1) condition the import of a motor vehicle or \nmotor vehicle equipment on the manufacturer’s compliance with— \n‘‘(A) the requirements under this section; ‘‘(B) paragraph (1) or (3) of section 30112(a) \nwith respect to such motor vehicle or motor vehi-cle equipment; \n‘‘(C) the provision of reports and records re-\nquired to be maintained with respect to such motor vehicle or motor vehicle equipment under this chapter; \n‘‘(D) a request for inspection of premises, ve-\nhicle, or equipment under section 30166; \n‘‘(E) an order or voluntary agreement to rem-\nedy such vehicle or equipment; or \n‘‘(F) any rules implementing the requirements \ndescribed in this subsection; \n‘‘(2) provide an opportunity for the manufac-\nturer to present information before the Sec-retary’s determination as to whether the manu-facturer’s imports should be restricted; and \n‘‘(3) establish a process by which a manufac-\nturer may petition for reinstatement of its abil-ity to import motor vehicles or motor vehicle equipment. \n‘‘(e) E\nXCEPTION .—The requirements of sub-\nsections (c) and (d) shall not apply to original manufacturers (or wholly owned subsidiaries) of \nmotor vehicles that, prior to the date of enact-ment of the Motor Vehicle and Highway Safety Improvement Act of 2012— \n‘‘(1) have imported motor vehicles into the \nUnited States that are certified to comply with all applicable Federal motor vehicle safety standards; \n‘‘(2) have submitted to the Secretary appro-\npriate manufacturer identification information under part 566 of title 49, Code of Federal Regu-lations; and \n‘‘(3) if applicable, have identified a current \nagent for service of process in accordance with part 551 of title 49, Code of Federal Regulations. \n‘‘(f) R\nULEMAKING .—In issuing regulations \nunder this section, the Secretary shall seek to reduce duplicative requirements by coordinating with the Department of Homeland Security.’’. \nSEC. 31209. PORT INSPECTIONS; SAMPLES FOR \nEXAMINATION OR TESTING. \nSection 30166(c) of title 49, United States Code, \nis amended— \n(1) in paragraph (2), by striking ‘‘and’’ at the \nend; \n(2) in paragraph (3)— (A) in subparagraph (A), by inserting ‘‘(in-\ncluding at United States ports of entry)’’ after ‘‘held for introduction in interstate commerce’’; and \n(B) in subparagraph (D), by striking the pe-\nriod at the end and inserting a semicolon; and \n(3) by adding at the end the following: ‘‘(4) shall enter into a memorandum of under-\nstanding with the Secretary of Homeland Secu-rity for inspections and sampling of motor vehi-cle equipment being offered for import to deter-mine compliance with this chapter or a regula-tion or order issued under this chapter.’’. \nSubtitle C—Transparency and Accountability \nSEC. 31301. PUBLIC AVAILABILITY OF RECALL IN-\nFORMATION. \n(a) V EHICLE RECALL INFORMATION .—Not later \nthan 1 year after the date of enactment of this Act, the Secretary shall require that motor vehi-cle safety recall information— \n(1) be available to the public on the Internet; (2) be searchable by vehicle make and model \nand vehicle identification number; \n(3) be in a format that preserves consumer pri-\nvacy; and \n(4) includes information about each recall \nthat has not been completed for each vehicle. \n(b) R\nULEMAKING .—The Secretary may initiate \na rulemaking proceeding to require each manu-facturer to provide the information described in subsection (a), with respect to that manufactur-er’s motor vehicles, on a publicly accessible Internet website. Any rules promulgated under this subsection— \n(1) shall limit the information that must be \nmade available under this section to include only those recalls issued not more than 15 years prior to the date of enactment of this Act; \n(2) may require information under paragraph \n(1) to be provided to a dealer or an owner of a vehicle at no charge; and \n(3) shall permit a manufacturer a reasonable \nperiod of time after receiving information from a dealer with respect to a vehicle to update the in-\nformation about the vehicle on the publicly ac-cessible Internet website. \n(c) P\nROMOTION OF PUBLIC AWARENESS .—The \nSecretary, in consultation with the heads of other relevant agencies, shall promote consumer awareness of the information made available to the public pursuant to this section. \nSEC. 31302. NATIONAL HIGHWAY TRAFFIC SAFETY \nADMINISTRATION OUTREACH TO MANUFACTURER, DEALER, AND ME-CHANIC PERSONNEL. \nThe Secretary shall publicize the means for \ncontacting the National Highway Traffic Safety Administration in a manner that targets me-chanics, passenger motor vehicle dealership per-sonnel, and manufacturer personnel. \nSEC. 31303. PUBLIC AVAILABILITY OF COMMU-\nNICATIONS TO DEALERS. \n(a) I NTERNET ACCESSIBILITY .—Section 30166(f) \nof title 49, United States Code, is amended— \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00365 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4524 June 28, 2012 \n(1) by striking ‘‘A manufacturer shall give the \nSecretary of Transportation’’ and inserting the following: \n‘‘(1) I\nN GENERAL .—A manufacturer shall give \nthe Secretary of Transportation, and the Sec-retary shall make available on a publicly acces-sible Internet website,’’; and \n(2) by adding at the end the following: ‘‘(2) I\nNDEX .—Communications required to be \nsubmitted to the Secretary under this subsection shall be accompanied by an index to each com-munication, that— \n‘‘(A) identifies the make, model, and model \nyear of the affected vehicles; \n‘‘(B) includes a concise summary of the sub-\nject matter of the communication; and \n‘‘(C) shall be made available by the Secretary \nto the public on the Internet in a searchable for-mat.’’. \nSEC. 31304. CORPORATE RESPONSIBILITY FOR \nNATIONAL HIGHWAY TRAFFIC SAFE-TY ADMINISTRATION REPORTS. \n(a) I NGENERAL .—Section 30166 of title 49, \nUnited States Code, is amended by adding at the end the following: \n‘‘(o) C\nORPORATE RESPONSIBILITY FOR RE-\nPORTS .— \n‘‘(1) I N GENERAL .—The Secretary may promul-\ngate rules requiring a senior official responsible for safety in any company submitting informa-tion to the Secretary in response to a request for information in a safety defect or compliance in-vestigation under this chapter to certify that— \n‘‘(A) the signing official has reviewed the sub-\nmission; and \n‘‘(B) based on the official’s knowledge, the \nsubmission does not— \n‘‘(i) contain any untrue statement of a mate-\nrial fact; or \n‘‘(ii) omit to state a material fact necessary in \norder to make the statements made not mis-leading, in light of the circumstances under which such statements were made. \n‘‘(2) N\nOTICE .—The certification requirements \nof this section shall be clearly stated on any re-quest for information under paragraph (1).’’. \n(b) C\nIVIL PENALTY .—Section 30165(a) of title \n49, United States Code, is amended— \n(1) in paragraph (3), by striking ‘‘A person’’ \nand inserting ‘‘Except as provided in paragraph (4), a person’’; and \n(2) by adding at the end the following: ‘‘(4) F\nALSE OR MISLEADING REPORTS .—A per-\nson who knowingly and willfully submits mate-rially false or misleading information to the Sec-retary, after certifying the same information as accurate under the certification process estab-lished pursuant to section 30166(o), shall be sub-ject to a civil penalty of not more than $5,000 per day. The maximum penalty under this para-graph for a related series of daily violations is $1,000,000.’’. \nSEC. 31305. PASSENGER MOTOR VEHICLE INFOR-\nMATION PROGRAM. \n(a) D EFINITION .—Section 32301 of title 49, \nUnited States Code, is amended— \n(1) by redesignating paragraphs (1) and (2) as \nparagraphs (2) and (3), respectively; \n(2) by inserting before paragraph (2), as redes-\nignated, the following: \n‘‘(1) ‘crash avoidance’ means preventing or \nmitigating a crash;’’; and \n(3) in paragraph (2), as redesignated, by strik-\ning the period at the end and inserting ‘‘; and’’. \n(b) I NFORMATION INCLUDED .—Section 32302(a) \nof title 49, United States Code, is amended— \n(1) in paragraph (2), by inserting ‘‘, crash \navoidance, and any other areas the Secretary determines will improve the safety of passenger motor vehicles’’ after ‘‘crashworthiness’’; and \n(2) by striking paragraph (4). \nSEC. 31306. PROMOTION OF VEHICLE DEFECT RE-\nPORTING. \nSection 32302 of title 49, United States Code, is \namended by adding at the end the following: \n‘‘(d) M OTOR VEHICLE DEFECT REPORTING IN-\nFORMATION .— ‘‘(1) R ULEMAKING REQUIRED .—Not later than 1 \nyear after the date of enactment of the Motor Vehicle and Highway Safety Improvement Act of 2012, the Secretary shall prescribe regulations that require passenger motor vehicle manufac-turers— \n‘‘(A) to affix, in the glove compartment or in \nanother readily accessible location on the vehi-cle, a sticker, decal, or other device that pro-vides, in simple and understandable language, information about how to submit a safety-re-lated motor vehicle defect complaint to the Na-tional Highway Traffic Safety Administration; \n‘‘(B) to prominently print the information de-\nscribed in subparagraph (A) within the owner’s manual; and \n‘‘(C) to not place such information on the \nlabel required under section 3 of the Automobile Information Disclosure Act (15 U.S.C. 1232). \n‘‘(2) A\nPPLICATION .—The requirements under \nparagraph (1) shall apply to passenger motor ve-hicles manufactured in any model year begin-ning more than 1 year after the date on which a final rule is published under paragraph (1).’’. \nSEC. 31307. WHISTLEBLOWER PROTECTIONS FOR \nMOTOR VEHICLE MANUFACTURERS, PART SUPPLIERS, AND DEALERSHIP EMPLOYEES. \n(a) I NGENERAL .—Subchapter IV of chapter \n301 of title 49, United States Code, is amended by adding at the end the following: \n‘‘§ 30171. Protection of employees providing \nmotor vehicle safety information \n‘‘(a) D\nISCRIMINATION AGAINST EMPLOYEES OF \nMANUFACTURERS , PARTSUPPLIERS , AND DEAL-\nERSHIPS .—No motor vehicle manufacturer, part \nsupplier, or dealership may discharge an em-ployee or otherwise discriminate against an em-ployee with respect to compensation, terms, con-ditions, or privileges of employment because the employee (or any person acting pursuant to a request of the employee)— \n‘‘(1) provided, caused to be provided, or is \nabout to provide (with any knowledge of the em-ployer) or cause to be provided to the employer or the Secretary of Transportation information relating to any motor vehicle defect, noncompli-ance, or any violation or alleged violation of any notification or reporting requirement of this chapter; \n‘‘(2) has filed, caused to be filed, or is about \nto file (with any knowledge of the employer) or cause to be filed a proceeding relating to any violation or alleged violation of any motor vehi-cle defect, noncompliance, or any violation or alleged violation of any notification or reporting requirement of this chapter; \n‘‘(3) testified or is about to testify in such a \nproceeding; \n‘‘(4) assisted or participated or is about to as-\nsist or participate in such a proceeding; or \n‘‘(5) objected to, or refused to participate in, \nany activity that the employee reasonably be-lieved to be in violation of any provision of chapter 301 of this title, or any order, rule, regu-lation, standard, or ban under such provision. \n‘‘(b) C\nOMPLAINT PROCEDURE .— \n‘‘(1) F ILING AND NOTIFICATION .—A person who \nbelieves that he or she has been discharged or otherwise discriminated against by any person in violation of subsection (a) may file (or have any person file on his or her behalf), not later than 180 days after the date on which such vio-lation occurs, a complaint with the Secretary of Labor (hereinafter in this section referred to as the ‘Secretary’) alleging such discharge or dis-crimination. Upon receipt of such a complaint, the Secretary shall notify, in writing, the person named in the complaint of the filing of the com-plaint, of the allegations contained in the com-plaint, of the substance of evidence supporting the complaint, and of the opportunities that will be afforded to such person under paragraph (2). \n‘‘(2) I\nNVESTIGATION ; PRELIMINARY ORDER .— \n‘‘(A) I N GENERAL .—Not later than 60 days \nafter the date of receipt of a complaint filed under paragraph (1) and after affording the person named in the complaint an opportunity \nto submit to the Secretary a written response to the complaint and an opportunity to meet with a representative of the Secretary to present statements from witnesses, the Secretary shall conduct an investigation and determine whether there is reasonable cause to believe that the complaint has merit and notify, in writing, the complainant and the person alleged to have committed a violation of subsection (a) of the Secretary’s findings. If the Secretary concludes that there is a reasonable cause to believe that a violation of subsection (a) has occurred, the Secretary shall accompany the Secretary’s find-ings with a preliminary order providing the re-lief prescribed by paragraph (3)(B). Not later than 30 days after the date of notification of findings under this paragraph, either the person alleged to have committed the violation or the complainant may file objections to the findings or preliminary order, or both, and request a hearing on the record. The filing of such objec-tions shall not operate to stay any reinstatement remedy contained in the preliminary order. Such hearings shall be conducted expeditiously. If a hearing is not requested in such 30-day period, the preliminary order shall be deemed a final order that is not subject to judicial review. \n‘‘(B) R\nEQUIREMENTS .— \n‘‘(i) R EQUIRED SHOWING BY COMPLAINANT .— \nThe Secretary shall dismiss a complaint filed under this subsection and shall not conduct an investigation otherwise required under subpara-graph (A) unless the complainant makes a prima facie showing that any behavior described in paragraphs (1) through (5) of subsection (a) was a contributing factor in the unfavorable personnel action alleged in the complaint. \n‘‘(ii) S\nHOWING BY EMPLOYER .—Notwith-\nstanding a finding by the Secretary that the complainant has made the showing required under clause (i), no investigation otherwise re-quired under subparagraph (A) shall be con-ducted if the employer demonstrates, by clear and convincing evidence, that the employer would have taken the same unfavorable per-sonnel action in the absence of that behavior. \n‘‘(iii) C\nRITERIA FOR DETERMINATION BY SEC -\nRETARY .—The Secretary may determine that a \nviolation of subsection (a) has occurred only if the complainant demonstrates that any behavior described in paragraphs (1) through (5) of sub-section (a) was a contributing factor in the un-favorable personnel action alleged in the com-plaint. \n‘‘(iv) P\nROHIBITION .—Relief may not be ordered \nunder subparagraph (A) if the employer dem-onstrates, by clear and convincing evidence, that the employer would have taken the same unfavorable personnel action in the absence of that behavior. \n‘‘(3) F\nINAL ORDER .— \n‘‘(A) D EADLINE FOR ISSUANCE ; SETTLEMENT \nAGREEMENTS .—Not later than 120 days after the \ndate of conclusion of a hearing under para-graph (2), the Secretary shall issue a final order providing the relief prescribed by this paragraph or denying the complaint. At any time before issuance of a final order, a proceeding under this subsection may be terminated on the basis of a settlement agreement entered into by the Secretary, the complainant, and the person al-leged to have committed the violation. \n‘‘(B) R\nEMEDY .—If, in response to a complaint \nfiled under paragraph (1), the Secretary deter-mines that a violation of subsection (a) has oc-curred, the Secretary shall order the person who committed such violation— \n‘‘(i) to take affirmative action to abate the \nviolation; \n‘‘(ii) to reinstate the complainant to his or her \nformer position together with the compensation (including back pay) and restore the terms, con-ditions, and privileges associated with his or her employment; and \n‘‘(iii) to provide compensatory damages to the \ncomplainant. \n‘‘(C) A\nTTORNEYS ’ FEES.—If such an order is \nissued under this paragraph, the Secretary, at \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00366 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4525 June 28, 2012 \nthe request of the complainant, shall assess \nagainst the person against whom the order is issued a sum equal to the aggregate amount of all costs and expenses (including attorneys’ and expert witness fees) reasonably incurred, as de-termined by the Secretary, by the complainant for, or in connection with, bringing the com-plaint upon which the order was issued. \n‘‘(D) F\nRIVOLOUS COMPLAINTS .—If the Sec-\nretary determines that a complaint under para-graph (1) is frivolous or has been brought in bad faith, the Secretary may award to the prevailing employer a reasonable attorney’s fee not exceed-ing $1,000. \n‘‘(E) D\nE NOVO REVIEW .—With respect to a \ncomplaint under paragraph (1), if the Secretary has not issued a final decision within 210 days after the filing of the complaint and if the delay is not due to the bad faith of the employee, the employee may bring an original action at law or equity for de novo review in the appropriate dis-trict court of the United States, which shall have jurisdiction over such an action without regard to the amount in controversy, and which action shall, at the request of either party to the action, be tried by the court with a jury. The ac-tion shall be governed by the same legal burdens of proof specified in paragraph (2)(B) for review by the Secretary. \n‘‘(4) R\nEVIEW .— \n‘‘(A) A PPEAL TO COURT OF APPEALS .—Any per-\nson adversely affected or aggrieved by an order issued under paragraph (3) may obtain review of the order in the United States Court of Ap-peals for the circuit in which the violation, with respect to which the order was issued, allegedly occurred or the circuit in which the complainant resided on the date of such violation. The peti-tion for review shall be filed not later than 60 days after the date of the issuance of the final order of the Secretary. Review shall conform to chapter 7 of title 5. The commencement of pro-ceedings under this subparagraph shall not, un-less ordered by the court, operate as a stay of the order. \n‘‘(B) L\nIMITATION ON COLLATERAL ATTACK .— \nAn order of the Secretary with respect to which review could have been obtained under subpara-graph (A) shall not be subject to judicial review in any criminal or other civil proceeding. \n‘‘(5) E\nNFORCEMENT OF ORDER BY SECRETARY .— \nWhenever any person fails to comply with an order issued under paragraph (3), the Secretary may file a civil action in the United States dis-trict court for the district in which the violation was found to occur to enforce such order. In ac-tions brought under this paragraph, the district courts shall have jurisdiction to grant all appro-priate relief, including injunctive relief and \ncompensatory damages. \n‘‘(6) E\nNFORCEMENT OF ORDER BY PARTIES .— \n‘‘(A) C OMMENCEMENT OF ACTION .—A person \non whose behalf an order was issued under paragraph (3) may commence a civil action against the person to whom such order was issued to require compliance with such order. The appropriate United States district court shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce such order. \n‘‘(B) A\nTTORNEY FEES .—The court, in issuing \nany final order under this paragraph, may award costs of litigation (including reasonable attorney and expert witness fees) to any party whenever the court determines such award is appropriate. \n‘‘(c) M\nANDAMUS .—Any nondiscretionary duty \nimposed under this section shall be enforceable in a mandamus proceeding brought under sec-tion 1361 of title 28. \n‘‘(d) N\nONAPPLICABILITY TODELIBERATE VIO-\nLATIONS .—Subsection (a) shall not apply with \nrespect to an employee of a motor vehicle manu-facturer, part supplier, or dealership who, act-ing without direction from such motor vehicle manufacturer, part supplier, or dealership (or such person’s agent), deliberately causes a vio-lation of any requirement relating to motor vehi-cle safety under this chapter.’’. (b) G\nOVERNMENT ACCOUNTABILITY OFFICE RE-\nPORT.—Not later than 2 years after the date of \nenactment of this Act, the Comptroller General of the United States shall— \n(1) conduct a study of the whistleblower pro-\ntections established by law with respect to this program, and update its study of other such programs administered by the Secretary of Transportation; and \n(2) submit to Congress a report of the results \nof the study under paragraph (1), including— \n(A) an identification of the differences be-\ntween the provisions applicable to different pro-grams, the number of claims brought pursuant to each provision, and the outcome of each claim; and \n(B) any recommendations for program \nchanges that the Comptroller General considers appropriate based on the study under para-graph (1). \n(c) C\nONFORMING AMENDMENT .—The table of \nsections for chapter 301 of title 49, United States Code, is amended by inserting after the item re-lating to section 30170 the following: \n‘‘30171. Protection of employees providing motor \nvehicle safety information.’’. \nSEC. 31308. ANTI-REVOLVING DOOR. \n(a) S TUDY OF DEPARTMENT OF TRANSPOR -\nTATION POLICIES ON OFFICIAL COMMUNICATION \nWITHFORMER MOTOR VEHICLE SAFETY ISSUE \nEMPLOYEES .—Not later than 1 year after the \ndate of enactment of this Act, the Inspector General of the Department of Transportation shall— \n(1) review the Department of Transportation’s \npolicies and procedures applicable to official communication with former employees con-cerning motor vehicle safety compliance matters for which they had responsibility during the last 12 months of their tenure at the Depart-ment, including any limitations on the ability of such employees to submit comments, or other-wise communicate directly with the Department, on motor vehicle safety issues; and \n(2) submit a report to the Committee on Com-\nmerce, Science, and Transportation of the Sen-ate and the Committee on Energy and Commerce of the House of Representatives that contains the Inspector General’s findings, conclusions, and recommendations for strengthening those policies and procedures to minimize the risk of undue influence without compromising the abil-ity of the Department to employ and retain highly qualified individuals for such respon-sibilities. \n(b) P\nOST-EMPLOYMENT POLICY STUDY .— \n(1) I N GENERAL .—The Inspector General of the \nDepartment of Transportation shall conduct a study of the Department’s policies relating to post-employment restrictions on employees who perform functions related to transportation safe-ty. \n(2) R\nEPORT .—Not later than 1 year after the \ndate of enactment of this Act, the Inspector General shall submit a report containing the re-sults of the study conducted under paragraph (1) to— \n(A) the Committee on Commerce, Science, and \nTransportation of the Senate; \n(B) the Committee on Energy and Commerce \nof the House of Representatives; and \n(C) the Secretary of Transportation. (3) U\nSE OF RESULTS .—The Secretary of Trans-\nportation shall review the results of the study conducted under paragraph (1) and take what-ever action the Secretary determines to be ap-propriate. \nSEC. 31309. STUDY OF CRASH DATA COLLECTION. \n(a) I NGENERAL .—Not later than 1 year after \nthe date of enactment of this Act, the Secretary shall submit a report to the Committee on Com-merce, Science, and Transportation of the Sen-ate and the Committee on Energy and Commerce of the House of Representatives regarding the quality of data collected through the National Automotive Sampling System, including the Spe-cial Crash Investigations Program. (b) R\nEVIEW .—The Administrator of the Na-\ntional Highway Traffic Safety Administration (referred to in this section as the ‘‘Administra-tion’’) shall conduct a comprehensive review of the data elements collected from each crash to determine if additional data should be collected. The review under this subsection shall include input from interested parties, including sup-pliers, automakers, safety advocates, the med-ical community, and research organizations. \n(c) C\nONTENTS .—The report issued under this \nsection shall include— \n(1) the analysis and conclusions the Adminis-\ntration can reach from the amount of motor ve-hicle crash data collected in a given year; \n(2) the additional analysis and conclusions \nthe Administration could reach if more crash in-vestigations were conducted each year; \n(3) the number of investigations per year that \nwould allow for optimal data analysis and crash information; \n(4) the results of the comprehensive review \nconducted pursuant to subsection (b); \n(5) the incremental costs of collecting and \nanalyzing additional data, as well as data from additional crashes; \n(6) the potential for obtaining private funding \nfor all or a portion of the costs under paragraph (5); \n(7) the potential for recovering any additional \ncosts from high volume users of the data, while continuing to make the data available to the general public free of charge; \n(8) the advantages or disadvantages of ex-\npanding collection of non-crash data instead of crash data; \n(9) recommendations for improvements to the \nAdministration’s data collection program; and \n(10) the resources needed by the Administra-\ntion to implement such recommendations. \nSEC. 31310. UPDATE MEANS OF PROVIDING NOTI-\nFICATION; IMPROVING EFFICACY OF RECALLS. \n(a) U PDATE OF MEANS OF PROVIDING NOTIFI -\nCATION .—Section 30119(d) of title 49, United \nStates Code, is amended— \n(1) in paragraph (1), by striking ‘‘by first class \nmail’’ and inserting ‘‘in the manner prescribed by the Secretary, by regulation’’; \n(2) in paragraph (2)— (A) by striking ‘‘(except a tire) shall be sent by \nfirst class mail’’ and inserting ‘‘shall be sent in the manner prescribed by the Secretary, by reg-ulation,’’; and \n(B) by striking the second sentence; (3) in paragraph (3)— (A) by striking the first sentence; (B) by inserting ‘‘to the notification required \nunder paragraphs (1) and (2)’’ after ‘‘addition’’; and \n(C) by inserting ‘‘by the manufacturer’’ after \n‘‘given’’; and \n(4) in paragraph (4), by striking ‘‘by certified \nmail or quicker means if available’’ and insert-ing ‘‘in the manner prescribed by the Secretary, by regulation’’. \n(b) I\nMPROVING EFFICACY OF RECALLS .—Sec-\ntion 30119(e) of title 49, United States Code, is amended— \n(1) in the subsection heading, by striking \n‘‘S\nECOND ’’ and inserting ‘‘A DDITIONAL ’’; \n(2) by striking ‘‘If the Secretary’’ and insert-\ning the following: \n‘‘(1) S ECOND NOTIFICATION .—If the Secretary’’; \nand \n(3) by adding at the end the following: ‘‘(2) A\nDDITIONAL NOTIFICATIONS .—If the Sec-\nretary determines, after taking into account the severity of the defect or noncompliance, that the second notification by a manufacturer does not result in an adequate number of motor vehicles or items of replacement equipment being re-turned for remedy, the Secretary may order the manufacturer— \n‘‘(A)(i) to send additional notifications in the \nmanner prescribed by the Secretary, by regula-tion; or \n‘‘(ii) to take additional steps to locate and no-\ntify each person registered under State law as \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00367 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4526 June 28, 2012 \nthe owner or lessee or the most recent purchaser \nor lessee, as appropriate; and \n‘‘(B) to emphasize the magnitude of the safety \nrisk caused by the defect or noncompliance in such notification.’’. \nSEC. 31311. EXPANDING CHOICES OF REMEDY \nAVAILABLE TO MANUFACTURERS OF REPLACEMENT EQUIPMENT. \nSection 30120 of title 49, United States Code, is \namended— \n(1) in subsection (a)(1), by amending subpara-\ngraph (B) to read as follows: \n‘‘(B) if replacement equipment, by repairing \nthe equipment, replacing the equipment with identical or reasonably equivalent equipment, or by refunding the purchase price.’’; \n(2) in the heading of subsection (i), by adding \n‘‘\nOFNEWVEHICLES OR EQUIPMENT ’’ at the end; \nand \n(3) in the heading of subsection (j), by striking \n‘‘REPLACED ’’ and inserting ‘‘ REPLACEMENT ’’. \nSEC. 31312. RECALL OBLIGATIONS AND BANK-\nRUPTCY OF MANUFACTURER. \n(a) I NGENERAL .—Chapter 301 of title 49, \nUnited States Code, is amended by inserting the following after section 30120: \n‘‘§ 30120A. Recall obligations and bankruptcy \nof a manufacturer \n‘‘A manufacturer’s filing of a petition in \nbankruptcy under chapter 11 of title 11, does not negate the manufacturer’s duty to comply with section 30112 or sections 30115 through 30120 of this title. In any bankruptcy proceeding, the manufacturer’s obligations under such sections shall be treated as a claim of the United States Government against such manufacturer, subject to subchapter II of chapter 37 of title 31, United States Code, and given priority pursuant to sec-tion 3713(a)(1)(A) of such chapter, notwith-standing section 3713(a)(2), to ensure that con-sumers are adequately protected from any safety defect or noncompliance determined to exist in the manufacturer’s products. This section shall apply equally to actions of a manufacturer taken before or after the filing of a petition in bankruptcy.’’. \n(b) C\nONFORMING AMENDMENT .—The chapter \nanalysis of chapter 301 of title 49, United States Code, is amended by inserting after the item re-lating to section 30120 the following: \n‘‘30120A. Recall obligations and bankruptcy of a \nmanufacturer.’’. \nSEC. 31313. REPEAL OF INSURANCE REPORTS \nAND INFORMATION PROVISION. \nChapter 331 of title 49, United States Code, is \namended— \n(1) in the chapter analysis, by striking the \nitem relating to section 33112; and \n(2) by striking section 33112. \nSEC. 31314. MONRONEY STICKER TO PERMIT AD-\nDITIONAL SAFETY RATING CAT-EGORIES. \nSection 3(g)(2) of the Automobile Information \nDisclosure Act (15 U.S.C. 1232(g)(2)), is amended by inserting ‘‘safety rating categories that may include’’ after ‘‘refers to’’. \nSubtitle D—Vehicle Electronics and Safety \nStandards \nSEC. 31401. NATIONAL HIGHWAY TRAFFIC SAFETY \nADMINISTRATION ELECTRONICS, SOFTWARE, AND ENGINEERING EX-PERTISE. \n(a) C OUNCIL FOR VEHICLE ELECTRONICS , VEHI-\nCLESOFTWARE , ANDEMERGING TECHNOLOGIES .— \n(1) I N GENERAL .—The Secretary shall estab-\nlish, within the National Highway Traffic Safe-ty Administration, a Council for Vehicle Elec-tronics, Vehicle Software, and Emerging Tech-nologies (referred to in this section as the ‘‘Council’’) to build, integrate, and aggregate the Administration’s expertise in passenger motor vehicle electronics and other new and emerging technologies. \n(2) I\nMPLEMENTATION OF ROADMAP .—The \nCouncil shall research the inclusion of emerging lightweight plastic and composite technologies in motor vehicles to increase fuel efficiency, \nlower emissions, meet fuel economy standards, and enhance passenger motor vehicle safety through continued utilization of the Adminis-tration’s Plastic and Composite Intensive Vehi-cle Safety Roadmap (Report No. DOT HS 810 863). \n(3) I\nNTRA-AGENCY COORDINATION .—The Coun-\ncil shall coordinate with all components of the Administration responsible for vehicle safety, in-cluding research and development, rulemaking, and defects investigation. \n(b) H\nONORS RECRUITMENT PROGRAM .— \n(1) E STABLISHMENT .—The Secretary shall es-\ntablish, within the National Highway Traffic Safety Administration, an honors program for engineering students, computer science students, and other students interested in vehicle safety that will enable such students to train with en-gineers and other safety officials for careers in vehicle safety. \n(2) S\nTIPEND .—The Secretary is authorized to \nprovide a stipend to any student during the stu-dent’s participation in the program established under paragraph (1). \n(c) A\nSSESSMENT .—The Council, in consulta-\ntion with affected stakeholders, shall periodi-cally assess the implications of emerging safety technologies in passenger motor vehicles, includ-ing the effect of such technologies on con-sumers, product availability, and cost. \nSEC. 31402. ELECTRONIC SYSTEMS PERFORM-\nANCE. \n(a) I NGENERAL .—Not later than 2 years after \nthe date of enactment of this Act, the Secretary shall complete an examination of the need for safety standards with regard to electronic sys-tems in passenger motor vehicles. In conducting this examination, the Secretary shall— \n(1) consider the electronic components, the \ninteraction of electronic components, the secu-rity needs for those electronic systems to prevent unauthorized access, and the effect of sur-rounding environments on the electronic sys-tems; and \n(2) allow for public comment. (b) R\nEPORT .—Upon completion of the exam-\nination under subsection (a), the Secretary shall submit a report on the highest priority areas for safety with regard to the electronic systems to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Rep-resentatives. \nSubtitle E—Child Safety Standards \nSEC. 31501. CHILD SAFETY SEATS. \n(a) S IDEIMPACT CRASHES .—Not later than 2 \nyears after the date of enactment of this Act, the Secretary shall issue a final rule amending Federal Motor Vehicle Safety Standard Number 213 to improve the protection of children seated in child restraint systems during side impact crashes. \n(b) F\nRONTAL IMPACT TESTPARAMETERS .— \n(1) C OMMENCEMENT .—Not later than 2 years \nafter the date of enactment of this Act, the Sec-retary shall commence a rulemaking proceeding to amend the standard seat assembly specifica-tions under Federal Motor Vehicle Safety Standard Number 213 to better simulate a single representative motor vehicle rear seat. \n(2) F\nINAL RULE .—Not later than 4 years after \nthe date of enactment of this Act, the Secretary shall issue a final rule pursuant to paragraph (1). \nSEC. 31502. CHILD RESTRAINT ANCHORAGE SYS-\nTEMS. \n(a) I NITIATION OF RULEMAKING PROCEEDING .— \nNot later than 1 year after the date of enact-ment of this Act, the Secretary shall initiate a rulemaking proceeding to amend Federal Motor Vehicle Safety Standard Number 225 (relating to child restraint anchorage systems) to improve the ease of use for lower anchorages and tethers in all rear seat seating positions if such anchor-ages and tethers are feasible. \n(b) F\nINAL RULE.— (1) I N GENERAL .—Except as provided under \nparagraph (2) and section 31505, the Secretary shall issue a final rule under subsection (a) not later than 3 years after the date of enactment of this Act. \n(2) R\nEPORT .—If the Secretary determines that \nan amendment to the standard referred to in subsection (a) does not meet the requirements and considerations set forth in subsections (a) and (b) of section 30111 of title 49, United States Code, the Secretary shall submit a report de-scribing the reasons for not prescribing such a standard to— \n(A) the Committee on Commerce, Science, and \nTransportation of the Senate; and \n(B) the Committee on Energy and Commerce \nof the House of Representatives. \nSEC. 31503. REAR SEAT BELT REMINDERS. \n(a) I NITIATION OF RULEMAKING PROCEEDING .— \nNot later than 2 years after the date of enact-ment of this Act, the Secretary shall initiate a rulemaking proceeding to amend Federal Motor Vehicle Safety Standard Number 208 (relating to occupant crash protection) to provide a safety belt use warning system for designated seating positions in the rear seat. \n(b) F\nINAL RULE.— \n(1) I N GENERAL .—Except as provided under \nparagraph (2) and section 31505, the Secretary shall issue a final rule under subsection (a) not later than 3 years after the date of enactment of this Act. \n(2) R\nEPORT .—If the Secretary determines that \nan amendment to the standard referred to in subsection (a) does not meet the requirements and considerations set forth in subsections (a) and (b) of section 30111 of title 49, United States Code, the Secretary shall submit a report de-scribing the reasons for not prescribing such a standard to— \n(A) the Committee on Commerce, Science, and \nTransportation of the Senate; and \n(B) the Committee on Energy and Commerce \nof the House of Representatives. \nSEC. 31504. UNATTENDED PASSENGER REMIND-\nERS. \n(a) S AFETY RESEARCH INITIATIVE .—The Sec-\nretary may initiate research into effective ways to minimize the risk of hyperthermia or hypo-thermia to children or other unattended pas-sengers in rear seating positions. \n(b) R\nESEARCH AREAS.—In carrying out sub-\nsection (a), the Secretary may conduct research into the potential viability of— \n(1) vehicle technology to provide an alert that \na child or unattended passenger remains in a rear seating position after the vehicle motor is disengaged; or \n(2) public awareness campaigns to educate \ndrivers on the risks of leaving a child or unat-tended passenger in a vehicle after the vehicle motor is disengaged; or \n(3) other ways to mitigate risk. (c) C\nOORDINATION WITHOTHER AGENCIES .— \nThe Secretary may collaborate with other Fed-eral agencies in conducting the research under this section. \nSEC. 31505. NEW DEADLINE. \nIf the Secretary determines that any deadline \nfor issuing a final rule under this Act cannot be met, the Secretary shall— \n(1) provide the Committee on Commerce, \nScience, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives with an explanation for why such deadline cannot be met; and \n(2) establish a new deadline for that rule. \nSubtitle F—Improved Daytime and Nighttime \nVisibility of Agricultural Equipment \nSEC. 31601. RULEMAKING ON VISIBILITY OF AGRI-\nCULTURAL EQUIPMENT. \n(a) D EFINITIONS .—In this section: \n(1) A GRICULTURAL EQUIPMENT .—The term ‘‘ag-\nricultural equipment’’ has the meaning given the term ‘‘agricultural field equipment’’ in ASABE Standard 390.4, entitled ‘‘Definitions and Classifications of Agricultural Field Equip-ment’’, which was published in January 2005 by \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00368 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4527 June 28, 2012 \nthe American Society of Agriculture and Bio-\nlogical Engineers, or any successor standard. \n(2) P UBLIC ROAD .—The term ‘‘public road’’ \nhas the meaning given the term in section 101(a)(27) of title 23, United States Code. \n(b) R\nULEMAKING .— \n(1) I N GENERAL .—Not later than 2 years after \nthe date of enactment of this Act, the Secretary of Transportation, after consultation with rep-resentatives of the American Society of Agricul-tural and Biological Engineers and appropriate Federal agencies, and with other appropriate persons, shall promulgate a rule to improve the daytime and nighttime visibility of agricultural equipment that may be operated on a public road. \n(2) M\nINIMUM STANDARDS .—The rule promul-\ngated pursuant to this subsection shall— \n(A) establish minimum lighting and marking \nstandards for applicable agricultural equipment manufactured at least 1 year after the date on which such rule is promulgated; and \n(B) provide for the methods, materials, speci-\nfications, and equipment to be employed to com-ply with such standards, which shall be equiva-lent to ASABE Standard 279.14, entitled ‘‘Light-ing and Marking of Agricultural Equipment on Highways’’, which was published in July 2008 by the American Society of Agricultural and Bi-ological Engineers, or any successor standard. \n(c) R\nEVIEW .—Not less frequently than once \nevery 5 years, the Secretary of Transportation shall— \n(1) review the standards established pursuant \nto subsection (b); and \n(2) revise such standards to reflect the revision \nof ASABE Standard 279 that is in effect at the time of such review. \n(d) L\nIMITATIONS .— \n(1) C OMPLIANCE WITH SUCCESSOR STAND -\nARDS.—Any rule promulgated pursuant to this \nsection may not prohibit the operation on public roads of agricultural equipment that is equipped in accordance with any adopted revision of ASABE Standard 279 that is later than the revi-sion of such standard that was referenced dur-ing the promulgation of the rule. \n(2) N\nO RETROFITTING REQUIRED .—Any rule \npromulgated pursuant to this section may not require the retrofitting of agricultural equip-ment that was manufactured before the date on which the lighting and marking standards are enforceable under subsection (b)(2)(A). \n(3) N\nO EFFECT ON ADDITIONAL MATERIALS AND \nEQUIPMENT .—Any rule promulgated pursuant to \nthis section may not prohibit the operation on public roads of agricultural equipment that is equipped with materials or equipment that are in addition to the minimum materials and equip-ment specified in the standard upon which such rule is based. \nTITLE II—COMMERCIAL MOTOR VEHICLE \nSAFETY ENHANCEMENT ACT OF 2012 \nSEC. 32001. SHORT TITLE. \nThis title may be cited as the ‘‘Commercial \nMotor Vehicle Safety Enhancement Act of 2012’’. \nSEC. 32002. REFERENCES TO TITLE 49, UNITED \nSTATES CODE. \nExcept as otherwise expressly provided, when-\never in this title an amendment or repeal is ex-pressed in terms of an amendment to, or a repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 49, United States Code. \nSubtitle A—Commercial Motor Vehicle \nRegistration \nSEC. 32101. REGISTRATION OF MOTOR CARRIERS. \n(a) R EGISTRATION REQUIREMENTS .—Section \n13902(a)(1) is amended to read as follows: \n‘‘(1) I N GENERAL .—Except as otherwise pro-\nvided in this section, the Secretary of Transpor-tation shall register a person to provide trans-portation subject to jurisdiction under sub-chapter I of chapter 135 as a motor carrier only if the Secretary determines that the person— ‘‘(A) is willing and able to comply with— \n‘‘(i) this part and the applicable regulations of \nthe Secretary and the Board; \n‘‘(ii) any safety regulations imposed by the \nSecretary; \n‘‘(iii) the duties of employers and employees \nestablished by the Secretary under section 31135; \n‘‘(iv) the safety fitness requirements estab-\nlished by the Secretary under section 31144; \n‘‘(v) the accessibility requirements established \nby the Secretary under subpart H of part 37 of title 49, Code of Federal Regulations (or suc-cessor regulations), for transportation provided by an over-the-road bus; and \n‘‘(vi) the minimum financial responsibility re-\nquirements established by the Secretary under sections 13906, 31138, and 31139; \n‘‘(B) has been issued a USDOT number under \nsection 31134; \n‘‘(C) has disclosed any relationship involving \ncommon ownership, common management, com-mon control, or common familial relationship be-tween that person and any other motor carrier, freight forwarder, or broker, or any other appli-cant for motor carrier, freight forwarder, or broker registration, if the relationship occurred in the 3-year period preceding the date of the filing of the application for registration; and \n‘‘(D) after the Secretary establishes a written \nproficiency examination pursuant to section 32101(b) of the Commercial Motor Vehicle Safety Enhancement Act of 2012, has passed the writ-ten proficiency examination.’’. \n(b) W\nRITTEN PROFICIENCY EXAMINATION .— \nNot later than 18 months after the date of en-\nactment of this Act, the Secretary shall establish through a rulemaking a written proficiency ex-amination for applicant motor carriers pursuant to section 13902(a)(1)(D) of title 49, United States Code. The written proficiency examina-tion shall test a person’s knowledge of applica-ble safety regulations, standards, and orders of the Federal government. \n(c) C\nONFORMING AMENDMENT .—Section 210(b) \nof the Motor Carrier Safety Improvement Act of 1999 (49 U.S.C. 31144 note) is amended— \n(1) by inserting ‘‘, commercial regulations, \nand provisions of subpart H of part 37 of title 49, Code of Federal Regulations, or successor regu-lations’’ after ‘‘applicable safety regulations’’; and \n(2) by striking ‘‘consider the establishment of’’ \nand inserting ‘‘establish’’. \n(d) T\nRANSPORTATION OF AGRICULTURAL COM-\nMODITIES AND FARM SUPPLIES .—Section \n229(a)(1) of the Motor Carrier Safety Improve-ment Act of 1999 (49 U.S.C. 31136 note) is amend-ed to read as follows: \n‘‘(1) T\nRANSPORTATION OF AGRICULTURAL COM -\nMODITIES AND FARM SUPPLIES .—Regulations pre-\nscribed by the Secretary under sections 31136 and 31502 regarding maximum driving and on- duty time for drivers used by motor carriers shall not apply during planting and harvest pe-riods, as determined by each State, to— \n‘‘(A) drivers transporting agricultural com-\nmodities from the source of the agricultural com-modities to a location within a 150 air-mile ra-dius from the source; \n‘‘(B) drivers transporting farm supplies for ag-\nricultural purposes from a wholesale or retail distribution point of the farm supplies to a farm or other location where the farm supplies are in-tended to be used within a 150 air-mile radius from the distribution point; or \n‘‘(C) drivers transporting farm supplies for ag-\nricultural purposes from a wholesale distribu-tion point of the farm supplies to a retail dis-tribution point of the farm supplies within a 150 air-mile radius from the wholesale distribution point.’’. \nSEC. 32102. SAFETY FITNESS OF NEW OPERATORS. \n(a) S AFETY REVIEWS OF NEWOPERATORS .— \nSection 31144(g)(1) is amended to read as fol-lows: \n‘‘(1) S\nAFETY REVIEW .— \n‘‘(A) I N GENERAL .—Except as provided under \nsubparagraph (B), the Secretary shall require, by regulation, each owner and each operator \ngranted new registration under section 13902 or 31134 to undergo a safety review not later than 12 months after the owner or operator, as the case may be, begins operations under such reg-istration. \n‘‘(B) P\nROVIDERS OF MOTORCOACH SERVICES .— \nThe Secretary shall require, by regulation, each owner and each operator granted new registra-tion to transport passengers under section 13902 or 31134 to undergo a safety review not later than 120 days after the owner or operator, as the case may be, begins operations under such registration.’’. \n(b) E\nFFECTIVE DATE.—The amendments made \nby subsection (a) shall take effect 1 year after the date of enactment of this Act. \nSEC. 32103. REINCARNATED CARRIERS. \n(a) E FFECTIVE PERIODS OF REGISTRATION .— \n(1) S USPENSIONS , AMENDMENTS , AND REVOCA -\nTIONS .—Section 13905(d) is amended— \n(A) by redesignating paragraph (2) as para-\ngraph (4); \n(B) by striking paragraph (1) and inserting \nthe following: \n‘‘(1) A PPLICATIONS .—On application of the \nregistrant, the Secretary may amend or revoke a registration. \n‘‘(2) C\nOMPLAINTS AND ACTIONS ON SECRETARY ’S \nOWN INITIATIVE .—On complaint or on the Sec-\nretary’s own initiative and after notice and an opportunity for a proceeding, the Secretary may— \n‘‘(A) suspend, amend, or revoke any part of \nthe registration of a motor carrier, broker, or freight forwarder for willful failure to comply with— \n‘‘(i) this part; ‘‘(ii) an applicable regulation or order of the \nSecretary or the Board, including the accessi-bility requirements established by the Secretary under subpart H of part 37 of title 49, Code of Federal Regulations (or successor regulations), for transportation provided by an over-the-road bus; or \n‘‘(iii) a condition of its registration; ‘‘(B) withhold, suspend, amend, or revoke any \npart of the registration of a motor carrier, broker, or freight forwarder for failure— \n‘‘(i) to pay a civil penalty imposed under \nchapter 5, 51, 149, or 311; \n‘‘(ii) to arrange and abide by an acceptable \npayment plan for such civil penalty, not later than 90 days after the date specified by order of the Secretary for the payment of such penalty; or \n‘‘(iii) for failure to obey a subpoena issued by \nthe Secretary; \n‘‘(C) withhold, suspend, amend, or revoke any \npart of a registration of a motor carrier, broker, or freight forwarder following a determination by the Secretary that the motor carrier, broker, or freight forwarder failed to disclose, in its ap-plication for registration, a material fact rel-evant to its willingness and ability to comply with— \n‘‘(i) this part; ‘‘(ii) an applicable regulation or order of the \nSecretary or the Board; or \n‘‘(iii) a condition of its registration; or ‘‘(D) withhold, suspend, amend, or revoke any \npart of a registration of a motor carrier, broker, or freight forwarder if the Secretary finds that— \n‘‘(i) the motor carrier, broker, or freight for-\nwarder does not disclose any relationship through common ownership, common manage-ment, common control, or common familial rela-tionship to any other motor carrier, broker, or freight forwarder, or any other applicant for motor carrier, broker, or freight forwarder reg-istration that the Secretary determines is or was unwilling or unable to comply with the relevant requirements listed in section 13902, 13903, or 13904 \n‘‘(3) L\nIMITATION .—Paragraph (2)(B) shall not \napply to a person who is unable to pay a civil penalty because the person is a debtor in a case under chapter 11 of title 11.’’; and \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00369 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4528 June 28, 2012 \n(C) in paragraph (4), as redesignated by sec-\ntion 32103(a)(1)(A) of this Act, by striking ‘‘paragraph (1)(B)’’ and inserting ‘‘paragraph (2)(B)’’. \n(2) P\nROCEDURE .—Section 13905(e) is amended \nby inserting ‘‘or if the Secretary determines that the registrant failed to disclose a material fact in an application for registration in accordance with subsection (d)(2)(C),’’ after ‘‘registrant,’’. \n(b) I\nNFORMATION SYSTEMS .—Section \n31106(a)(3) is amended— \n(1) in subparagraph (F), by striking ‘‘and’’ at \nthe end; \n(2) in subparagraph (G), by striking the period \nat the end and inserting ‘‘; and’’; and \n(3) by adding at the end the following: ‘‘(H) determine whether a person or employer \nis or was related, through common ownership, common management, common control, or com-mon familial relationship, to any other person, employer, or any other applicant for registration under section 13902 or 31134.’’. \nSEC. 32104. FINANCIAL RESPONSIBILITY RE-\nQUIREMENTS. \nNot later than 6 months after the date of en-\nactment of this Act, and every 4 years there-after, the Secretary shall— \n(1) issue a report on the appropriateness of— (A) the current minimum financial responsi-\nbility requirements under sections 31138 and 31139 of title 49, United States Code; and \n(B) the current bond and insurance require-\nments under sections 13904(f), 13903, and 13906 of title 49, United States Code; and \n(2) submit the report issued under paragraph \n(1) to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. \nSEC. 32105. USDOT NUMBER REGISTRATION RE-\nQUIREMENT. \n(a) I NGENERAL .—Chapter 311 is amended by \ninserting after section 31133 the following: \n‘‘§ 31134. Requirement for registration and \nUSDOT number \n‘‘(a) I NGENERAL .—Upon application, and \nsubject to subsections (b) and (c), the Secretary shall register an employer or person subject to the safety jurisdiction of this subchapter. An employer or person may operate a commercial motor vehicle in interstate commerce only if the employer or person is registered by the Secretary under this section and receives a USDOT num-ber. Nothing in this section shall preclude reg-istration by the Secretary of an employer or per-son not engaged in interstate commerce. An em-ployer or person subject to jurisdiction under subchapter I of chapter 135 of this title shall apply for commercial registration under section 13902 of this title. \n‘‘(b) W\nITHHOLDING REGISTRATION .—The Sec-\nretary shall register an employer or person under subsection (a) only if the Secretary deter-mines that— \n‘‘(1) the employer or person seeking registra-\ntion is willing and able to comply with the re-quirements of this subchapter and the regula-tions prescribed thereunder and chapter 51 and the regulations prescribed thereunder; \n‘‘(2)(A) during the 3-year period before the \ndate of the filing of the application, the em-ployer or person is not or was not related through common ownership, common manage-ment, common control, or common familial rela-tionship to any other person or applicant for registration subject to this subchapter who, dur-ing such 3-year period, is or was unfit, unwill-ing, or unable to comply with the requirements listed in subsection (b)(1); or \n‘‘(B) the employer or person has disclosed to \nthe Secretary any relationship involving com-mon ownership, common management, common control, or common familial relationship to any other person or applicant for registration subject to this subchapter. \n‘‘(c) R\nEVOCATION OR SUSPENSION OF REGISTRA -\nTION.—The Secretary shall revoke the registra-tion of an employer or person issued under sub-\nsection (a) after notice and an opportunity for a proceeding, or suspend the registration after giving notice of the suspension to the employer or person, if the Secretary determines that— \n‘‘(1) the employer’s or person’s authority to \noperate pursuant to chapter 139 of this title is subject to revocation or suspension under sec-tions 13905(d)(1) or 13905(f) of this title; \n‘‘(2) the employer or person has knowingly \nfailed to comply with the requirements listed in subsection (b)(1); \n‘‘(3) the employer or person has not disclosed \nany relationship through common ownership, common management, common control, or com-mon familial relationship to any other person or applicant for registration subject to this sub-chapter that the Secretary determines is or was unfit, unwilling, or unable to comply with the requirements listed in subsection (b)(1); \n‘‘(4) the employer or person refused to submit \nto the safety review required by section 31144(g) of this title. \n‘‘(d) P\nERIODIC REGISTRATION UPDATE .—The \nSecretary may require an employer to update a registration under this section not later than 30 days after a change in the employer’s address, other contact information, officers, process agent, or other essential information, as deter-mined by the Secretary. \n‘‘(e) S\nTATE AUTHORITY .—Nothing in this sec-\ntion shall be construed as affecting the author-ity of a State to issue a Department of Trans-portation number under State law to a person operating in intrastate commerce.’’. \n(b) C\nONFORMING AMENDMENT .—The analysis \nof chapter 311 is amended by inserting after the item relating to section 31133 the following: \n‘‘31134. Requirement for registration and \nUSDOT number.’’. \nSEC. 32106. REGISTRATION FEE SYSTEM. \nSection 13908(d)(1) is amended by striking \n‘‘but shall not exceed $300’’. \nSEC. 32107. REGISTRATION UPDATE. \n(a) M OTOR CARRIER UPDATE .—Section 13902 is \namended by adding at the end the following: \n‘‘(h) U PDATE OF REGISTRATION .— \n‘‘(1) I N GENERAL .—The Secretary shall require \na registrant to update its registration under this section not later than 30 days after a change in the registrant’s address, other contact informa-tion, officers, process agent, or other essential information, as determined by the Secretary. \n‘‘(2) M\nOTOR CARRIERS OF PASSENGERS .—In ad-\ndition to the requirements of paragraph (1), the Secretary shall require a motor carrier of pas-sengers to update its registration information, including numbers of vehicles, annual mileage, and individuals responsible for compliance with Federal safety regulations quarterly for the first 2 years after being issued a registration under this section.’’. \n(b) F\nREIGHT FORWARDER UPDATE .—Section \n13903 is amended by adding at the end the fol-lowing: \n‘‘(c) U\nPDATE OF REGISTRATION .—The Sec-\nretary shall require a freight forwarder to up-date its registration under this section not later than 30 days after a change in the freight for-warder’s address, other contact information, of-ficers, process agent, or other essential informa-tion, as determined by the Secretary.’’. \n(c) B\nROKER UPDATE .—Section 13904 is amend-\ned by adding at the end the following: \n‘‘(e) U PDATE OF REGISTRATION .—The Sec-\nretary shall require a broker to update its reg-istration under this section not later than 30 days after a change in the broker’s address, other contact information, officers, process agent, or other essential information, as deter-mined by the Secretary.’’. \nSEC. 32108. INCREASED PENALTIES FOR OPER-\nATING WITHOUT REGISTRATION. \n(a) P ENALTIES .—Section 14901(a) is amended— \n(1) by striking ‘‘$500’’ and inserting ‘‘$1,000’’; (2) by striking ‘‘who is not registered under \nthis part to provide transportation of pas-sengers,’’; (3) by striking ‘‘with respect to providing \ntransportation of passengers,’’ and inserting ‘‘or section 13902(c) of this title,’’; and \n(4) by striking ‘‘$2,000 for each violation and \neach additional day the violation continues’’ and inserting ‘‘$10,000 for each violation, or $25,000 for each violation relating to providing transportation of passengers’’. \n(b) T\nRANSPORTATION OF HAZARDOUS \nWASTES .—Section 14901(b) is amended by strik-\ning ‘‘not to exceed $20,000’’ and inserting ‘‘not less than $20,000, but not to exceed $40,000’’. \nSEC. 32109. REVOCATION OF REGISTRATION FOR \nIMMINENT HAZARD. \nSection 13905(f)(2) is amended to read as fol-\nlows: \n‘‘(2) I MMINENT HAZARD TO PUBLIC HEALTH .— \nNotwithstanding subchapter II of chapter 5 of title 5, the Secretary shall revoke the registra-tion of a motor carrier if the Secretary finds that the carrier is or was conducting unsafe op-erations that are or were an imminent hazard to public health or property.’’. \nSEC. 32110. REVOCATION OF REGISTRATION AND \nOTHER PENALTIES FOR FAILURE TO RESPOND TO SUBPOENA. \nSection 525 is amended— \n(1) by striking ‘‘subpenas’’ in the section \nheading and inserting ‘‘subpoenas’’; \n(2) by striking ‘‘subpena’’ and inserting ‘‘sub-\npoena’’; \n(3) by striking ‘‘$100’’ and inserting ‘‘$1,000’’; (4) by striking ‘‘$5,000’’ and inserting \n‘‘$10,000’’; and \n(5) by adding at the end the following: ‘‘The Secretary may withhold, suspend, \namend, or revoke any part of the registration of a person required to register under chapter 139 for failing to obey a subpoena or requirement of the Secretary under this chapter to appear and testify or produce records.’’. \nSEC. 32111. FLEETWIDE OUT OF SERVICE ORDER \nFOR OPERATING WITHOUT RE-QUIRED REGISTRATION. \nSection 13902(e)(1) is amended— \n(1) by striking ‘‘motor vehicle’’ and inserting \n‘‘motor carrier’’ after ‘‘the Secretary determines that a’’; and \n(2) by striking ‘‘order the vehicle’’ and insert-\ning ‘‘order the motor carrier operations’’ after ‘‘the Secretary may’’. \nSEC. 32112. MOTOR CARRIER AND OFFICER PAT-\nTERNS OF SAFETY VIOLATIONS. \nSection 31135 is amended— \n(1) by striking subsection (b) and inserting the \nfollowing: \n‘‘(b) N ONCOMPLIANCE .— \n‘‘(1) M OTOR CARRIERS .—Two or more motor \ncarriers, employers, or persons shall not use common ownership, common management, com-mon control, or common familial relationship to enable any or all such motor carriers, employers, or persons to avoid compliance, or mask or oth-erwise conceal non-compliance, or a history of non-compliance, with regulations prescribed under this subchapter or an order of the Sec-retary issued under this subchapter. \n‘‘(2) P\nATTERN .—If the Secretary finds that a \nmotor carrier, employer, or person engaged in a pattern or practice of avoiding compliance, or masking or otherwise concealing noncompli-ance, with regulations prescribed under this subchapter, the Secretary— \n‘‘(A) may withhold, suspend, amend, or re-\nvoke any part of the motor carrier’s, employer’s, or person’s registration in accordance with sec-tion 13905 or 31134; and \n‘‘(B) shall take into account such non-compli-\nance for purposes of determining civil penalty amounts under section 521(b)(2)(D). \n‘‘(3) O\nFFICERS .—If the Secretary finds, after \nnotice and an opportunity for proceeding, that an officer of a motor carrier, employer, or owner or operator has engaged in a pattern or practice of, or assisted a motor carrier, employer, or owner or operator in avoiding compliance, or masking or otherwise concealing noncompli-ance, while serving as an officer or such motor \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00370 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4529 June 28, 2012 \ncarrier, employer, or owner or operator, the Sec-\nretary may suspend, amend, or revoke any part of a registration granted to the officer individ-ually under section 13902 or 31134.’’. \nSubtitle B—Commercial Motor Vehicle Safety \nSEC. 32201. CRASHWORTHINESS STANDARDS. \n(a) I NGENERAL .—Not later than 18 months \nafter the date of enactment of this Act, the Sec-retary shall conduct a comprehensive analysis on the need for crashworthiness standards on property-carrying commercial motor vehicles with a gross vehicle weight rating or gross vehi-cle weight of at least 26,001 pounds involved in interstate commerce, including an evaluation of the need for roof strength, pillar strength, air bags, and other occupant protections standards, and frontal and back wall standards. \n(b) R\nEPORT .—Not later than 90 days after \ncompleting the comprehensive analysis under subsection (a), the Secretary shall report the re-sults of the analysis and any recommendations to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. \nSEC. 32202. CANADIAN SAFETY RATING RECI-\nPROCITY. \nSection 31144 is amended by adding at the end \nthe following: \n‘‘(h) R ECOGNITION OF CANADIAN MOTOR CAR-\nRIER SAFETY FITNESS DETERMINATIONS .— \n‘‘(1) If an authorized agency of the Canadian \nfederal government or a Canadian Territorial or Provincial government determines, by applying the procedure and standards prescribed by the Secretary under subsection (b) or pursuant to an agreement under paragraph (2), that a Ca-nadian employer is unfit and prohibits the em-ployer from operating a commercial motor vehi-cle in Canada or any Canadian Province, the Secretary may prohibit the employer from oper-ating such vehicle in interstate and foreign com-merce until the authorized Canadian agency de-termines that the employer is fit. \n‘‘(2) The Secretary may consult and partici-\npate in negotiations with authorized officials of the Canadian federal government or a Canadian Territorial or Provincial government, as nec-essary, to provide reciprocal recognition of each country’s motor carrier safety fitness determina-tions. An agreement shall provide, to the max-imum extent practicable, that each country will follow the procedure and standards prescribed by the Secretary under subsection (b) in making motor carrier safety fitness determinations.’’. \nSEC. 32203. STATE REPORTING OF FOREIGN COM-\nMERCIAL DRIVER CONVICTIONS. \n(a) D EFINITION OF FOREIGN COMMERCIAL \nDRIVER .—Section 31301 is amended— \n(1) by redesignating paragraphs (10) through \n(14) as paragraphs (11) through (15), respec-tively; and \n(2) by inserting after paragraph (9) the fol-\nlowing: \n‘‘(10) ‘foreign commercial driver’ means an in-\ndividual licensed to operate a commercial motor vehicle by an authority outside the United States, or a citizen of a foreign country who op-erates a commercial motor vehicle in the United States.’’. \n(b) S\nTATE REPORTING OF CONVICTIONS .—Sec-\ntion 31311(a) is amended by adding after para-graph (21) the following: \n‘‘(22) The State shall report a conviction of a \nforeign commercial driver by that State to the Federal Convictions and Withdrawal Database, or another information system designated by the Secretary to record the convictions. A report shall include— \n‘‘(A) for a driver holding a foreign commercial \ndriver’s license— \n‘‘(i) each conviction relating to the operation \nof a commercial motor vehicle; and \n‘‘(ii) each conviction relating to the operation \nof a non-commercial motor vehicle; and \n‘‘(B) for an unlicensed driver or a driver hold-\ning a foreign non-commercial driver’s license, each conviction relating to the operation of a \ncommercial motor vehicle.’’. \nSEC. 32204. AUTHORITY TO DISQUALIFY FOREIGN \nCOMMERCIAL DRIVERS. \nSection 31310 is amended by adding at the end \nthe following: \n‘‘(k) F OREIGN COMMERCIAL DRIVERS .—A for-\neign commercial driver shall be subject to dis-qualification under this section.’’. \nSEC. 32205. REVOCATION OF FOREIGN MOTOR \nCARRIER OPERATING AUTHORITY FOR FAILURE TO PAY CIVIL PEN-ALTIES. \nSection 13905(d)(2), as amended by section \n32103(a) of this Act, is amended by inserting ‘‘foreign motor carrier, foreign motor private carrier,’’ after ‘‘registration of a motor carrier,’’ each place it appears. \nSEC. 32206. RENTAL TRUCK ACCIDENT STUDY. \n(a) D EFINITIONS .—In this section: \n(1) R ENTAL TRUCK .—The term ‘‘rental truck’’ \nmeans a motor vehicle with a gross vehicle weight rating of between 10,000 and 26,000 pounds that is made available for rental by a rental truck company. \n(2) R\nENTAL TRUCK COMPANY .—The term ‘‘rent-\nal truck company’’ means a person or company that is in the business of renting or leasing rent-al trucks to the public or for private use. \n(b) S\nTUDY .— \n(1) I N GENERAL .—The Secretary shall conduct \na study of the safety of rental trucks during the 7-year period ending on December 31, 2011. \n(2) R\nEQUIREMENTS .—The study conducted \nunder paragraph (1) shall— \n(A) evaluate available data on the number of \ncrashes, fatalities, and injuries involving rental trucks and the cause of such crashes, utilizing police accident reports and other sources; \n(B) estimate the property damage and costs re-\nsulting from a subset of crashes involving rental truck operations, which the Secretary believes adequately reflect all crashes involving rental trucks; \n(C) analyze State and local laws regulating \nrental truck companies, including safety and in-spection requirements; \n(D) assess the rental truck maintenance pro-\ngrams of a selection of small, medium, and large rental truck companies, as selected by the Sec-retary, including the frequency of rental truck maintenance inspections, and compare such programs with inspection requirements for pas-senger vehicles and commercial motor vehicles; \n(E) include any other information available \nregarding the safety of rental trucks; and \n(F) review any other information that the Sec-\nretary determines to be appropriate. \n(c) R\nEPORT .—Not later than 1 year after the \ndate of enactment of this Act, the Secretary shall submit a report to the Committee on Com-merce, Science, and Transportation of the Sen-ate and the Committee on Transportation and Infrastructure of the House of Representatives that contains— \n(1) the findings of the study conducted pursu-\nant to subsection (b); and \n(2) any recommendations for legislation that \nthe Secretary determines to be appropriate. \nSubtitle C—Driver Safety \nSEC. 32301. HOURS OF SERVICE STUDY AND ELEC-\nTRONIC LOGGING DEVICES. \n(a) H OURS OF SERVICE STUDY .— \n(1) F IELD STUDY .— \n(A) I N GENERAL .—Not later than March 31, \n2013, the Secretary shall complete a field study on the efficacy of the restart rule published on December 27, 2011 (in this section referred to as the ‘‘2011 restart rule’’), applicable to operators of commercial motor vehicles of property subject to maximum driving time requirements of the Secretary. \n(B) R\nEQUIREMENT .—The field study shall ex-\npand upon the results of the laboratory-based study relating to commercial motor vehicle driv-er fatigue sponsored by the Federal Motor Car-rier Safety Administration presented in the re-port of December 2010 titled ‘‘Investigation into \nMotor Carrier Practices to Achieve Optimal Commercial Motor Vehicle Driver Performance: Phase I’’. \n(C) C\nRITERIA .—In conducting the field study, \nthe Secretary shall ensure that— \n(i) the methodology for the field study is con-\nsistent, to the maximum extent possible, with the laboratory-based study methodology; \n(ii) the data collected is representative of the \ndrivers and motor carriers regulated by the hours of service regulations, including those drivers and carriers affected by the maximum driving time requirements; \n(iii) the analysis is statistically valid; and (iv) the field study follows the plan for the \n‘‘Scheduling and Fatigue Recovery Project’’ de-veloped by the Federal Motor Carrier Safety Ad-ministration. \n(D) R\nEPORT TO CONGRESS .—Not later than \nSeptember 30, 2013, the Secretary shall submit to the Committee on Transportation and Infra-structure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report detailing the results of the field study. \n(b) G\nENERAL AUTHORITY .—Section 31137 is \namended— \n(1) by amending the section heading to read \nas follows: \n‘‘§ 31137. Electronic logging devices and brake \nmaintenance regulations’’; \n(2) by redesignating subsection (b) as sub-\nsection (g); and \n(3) by amending (a) to read as follows: ‘‘(a) U\nSE OF ELECTRONIC LOGGING DEVICES .— \nNot later than 1 year after the date of enact-ment of the Commercial Motor Vehicle Safety Enhancement Act of 2012, the Secretary of Transportation shall prescribe regulations— \n‘‘(1) requiring a commercial motor vehicle in-\nvolved in interstate commerce and operated by a driver subject to the hours of service and the record of duty status requirements under part 395 of title 49, Code of Federal Regulations, be equipped with an electronic logging device to improve compliance by an operator of a vehicle with hours of service regulations prescribed by the Secretary; and \n‘‘(2) ensuring that an electronic logging device \nis not used to harass a vehicle operator. \n‘‘(b) E\nLECTRONIC LOGGING DEVICE REQUIRE -\nMENTS .— \n‘‘(1) I N GENERAL .—The regulations prescribed \nunder subsection (a) shall— \n‘‘(A) require an electronic logging device— ‘‘(i) to accurately record commercial driver \nhours of service; \n‘‘(ii) to record the location of a commercial \nmotor vehicle; \n‘‘(iii) to be tamper resistant; and \n‘‘(iv) to be synchronized to the operation of \nthe vehicle engine or be capable of recognizing when the vehicle is being operated; \n‘‘(B) allow law enforcement to access the data \ncontained in the device during a roadside in-spection; and \n‘‘(C) apply to a commercial motor vehicle be-\nginning on the date that is 2 years after the date that the regulations are published as a final rule. \n‘‘(2) P\nERFORMANCE AND DESIGN STANDARDS .— \nThe regulations prescribed under subsection (a) shall establish performance standards— \n‘‘(A) defining a standardized user interface to \naid vehicle operator compliance and law en-forcement review; \n‘‘(B) establishing a secure process for stand-\nardized— \n‘‘(i) and unique vehicle operator identifica-\ntion; \n‘‘(ii) data access; ‘‘(iii) data transfer for vehicle operators be-\ntween motor vehicles; \n‘‘(iv) data storage for a motor carrier; and ‘‘(v) data transfer and transportability for \nlaw enforcement officials; \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00371 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4530 June 28, 2012 \n‘‘(C) establishing a standard security level for \nan electronic logging device and related compo-nents to be tamper resistant by using a method-ology endorsed by a nationally recognized standards organization; and \n‘‘(D) identifying each driver subject to the \nhours of service and record of duty status re-quirements under part 395 of title 49, Code of Federal Regulations. \n‘‘(c) C\nERTIFICATION CRITERIA .— \n‘‘(1) I N GENERAL .—The regulations prescribed \nby the Secretary under this section shall estab-lish the criteria and a process for the certifi-cation of electronic logging devices to ensure that the device meets the performance require-ments under this section. \n‘‘(2) E\nFFECT OF NONCERTIFICATION .—Elec-\ntronic logging devices that are not certified in accordance with the certification process re-ferred to in paragraph (1) shall not be accept-able evidence of hours of service and record of duty status requirements under part 395 of title 49, Code of Federal Regulations. \n‘‘(d) A\nDDITIONAL CONSIDERATIONS .—The Sec-\nretary, in prescribing the regulations described in subsection (a), shall consider how such regu-lations may— \n‘‘(1) reduce or eliminate requirements for driv-\ners and motor carriers to retain supporting doc-umentation associated with paper-based records of duty status if— \n‘‘(A) data contained in an electronic logging \ndevice supplants such documentation; and \n‘‘(B) using such data without paper-based \nrecords does not diminish the Secretary’s ability to audit and review compliance with the Sec-retary’s hours of service regulations; and \n‘‘(2) include such measures as the Secretary \ndetermines are necessary to protect the privacy of each individual whose personal data is con-tained in an electronic logging device. \n‘‘(e) U\nSE OF DATA.— \n‘‘(1) I N GENERAL .—The Secretary may utilize \ninformation contained in an electronic logging device only to enforce the Secretary’s motor car-rier safety and related regulations, including record-of-duty status regulations. \n‘‘(2) M\nEASURES TO PRESERVE CONFIDENTIALITY \nOF PERSONAL DATA .—The Secretary shall insti-\ntute appropriate measures to preserve the con-fidentiality of any personal data contained in an electronic logging device and disclosed in the course of an action taken by the Secretary or by law enforcement officials to enforce the regula-tions referred to in paragraph (1). \n‘‘(3) E\nNFORCEMENT .—The Secretary shall in-\nstitute appropriate measures to ensure any in-formation collected by electronic logging devices is used by enforcement personnel only for the purpose of determining compliance with hours of service requirements. \n‘‘(f) D\nEFINITIONS .—In this section: \n‘‘(1) E LECTRONIC LOGGING DEVICE .—The term \n‘electronic logging device’ means an electronic device that— \n‘‘(A) is capable of recording a driver’s hours \nof service and duty status accurately and auto-matically; and \n‘‘(B) meets the requirements established by the \nSecretary through regulation. \n‘‘(2) T\nAMPER RESISTANT .—The term ‘tamper re-\nsistant’ means resistant to allowing any indi-vidual to cause an electronic device to record the incorrect date, time, and location for changes to on-duty driving status of a commer-cial motor vehicle operator under part 395 of title 49, Code of Federal Regulations, or to sub-sequently alter the record created by that de-vice.’’. \n(c) C\nIVIL PENALTIES .—Section 30165(a)(1) is \namended by striking ‘‘or 30141 through 30147’’ and inserting ‘‘30141 through 30147, or 31137’’. \n(d) C\nONFORMING AMENDMENT .—The analysis \nfor chapter 311 is amended by striking the item relating to section 31137 and inserting the fol-lowing: \n‘‘31137. Electronic logging devices and brake \nmaintenance regulations.’’. SEC. 32302. DRIVER MEDICAL QUALIFICATIONS. \n(a) D EADLINE FOR ESTABLISHMENT OF NA-\nTIONAL REGISTRY OF MEDICAL EXAMINERS .—Not \nlater than 1 year after the date of enactment of this Act, the Secretary shall establish a national registry of medical examiners in accordance with section 31149(d)(1) of title 49, United States Code. \n(b) E\nXAMINATION REQUIREMENT FOR NATIONAL \nREGISTRY OF MEDICAL EXAMINERS .—Section \n31149(c)(1)(D) is amended to read as follows: \n‘‘(D) not later than 1 year after enactment of \nthe Commercial Motor Vehicle Safety Enhance-ment Act of 2012, develop requirements for a medical examiner to be listed in the national registry under this section, including— \n‘‘(i) the completion of specific courses and ma-\nterials; \n‘‘(ii) certification, including, at a minimum, \nself-certification, if the Secretary determines that self-certification is necessary for sufficient participation in the national registry, to verify that a medical examiner completed specific training, including refresher courses, that the Secretary determines necessary to be listed in the national registry; \n‘‘(iii) an examination that requires a passing \ngrade; and \n‘‘(iv) demonstration of a medical examiner’s \nwillingness to meet the reporting requirements established by the Secretary;’’. \n(c) A\nDDITIONAL OVERSIGHT OF LICENSING AU-\nTHORITIES .— \n(1) I N GENERAL .—Section 31149(c)(1) is amend-\ned— \n(A) by amending subparagraph (E) to read as \nfollows: \n‘‘(E) require medical examiners to transmit \nelectronically, on a monthly basis, the name of the applicant, a numerical identifier, and addi-tional information contained on the medical ex-aminer’s certificate for any completed medical examination report required under section 391.43 of title 49, Code of Federal Regulations, to the chief medical examiner;’’; \n(B) in subparagraph (F), by striking the pe-\nriod at the end and inserting ‘‘; and’’; and \n(C) by adding at the end the following: ‘‘(G) annually review the implementation of \ncommercial driver’s license requirements by not fewer than 10 States to assess the accuracy, va-lidity, and timeliness of— \n‘‘(i) the submission of physical examination \nreports and medical certificates to State licens-ing agencies; and \n‘‘(ii) the processing of the submissions by \nState licensing agencies.’’. \n(2) I\nNTERNAL OVERSIGHT POLICY .— \n(A) I N GENERAL .—Not later than 2 years after \nthe date of enactment of this Act, the Secretary shall establish an oversight policy and proce-dure to carry out section 31149(c)(1)(G) of title 49, United States Code, as added by section 32302(c)(1) of this Act. \n(B) E\nFFECTIVE DATE .—The amendments made \nby section 32303(c)(1) of this Act shall take effect on the date the oversight policies and proce-dures are established pursuant to subparagraph (A). \n(d) E\nLECTRONIC FILING OF MEDICAL EXAMINA -\nTION CERTIFICATES .—Section 31311(a), as \namended by sections 32203(b) and 32305(b) of this Act, is amended by adding at the end the following: \n‘‘(25) Not later than 5 years after the date of \nenactment of the Commercial Motor Vehicle Safety Enhancement Act of 2012, the State shall establish and maintain, as part of its driver in-formation system, the capability to receive an electronic copy of a medical examiner’s certifi-cate, from a certified medical examiner, for each holder of a commercial driver’s license issued by the State who operates or intends to operate in interstate commerce.’’. \n(e) F\nUNDING .—The Secretary is authorized to \nutilize funds provided under section 4101(c)(1) of SAFETEA-LU (119 Stat. 1715) to support devel-opment of costs of the information technology needed to carry out section 31311(a)(25) of title \n49, United States Code. \nSEC. 32303. COMMERCIAL DRIVER’S LICENSE NO-\nTIFICATION SYSTEM. \n(a) I NGENERAL .—Section 31304 is amended— \n(1) by striking ‘‘An employer’’ and inserting \nthe following: \n‘‘(a) I NGENERAL .—An employer’’; and \n(2) by adding at the end the following: ‘‘(b) D\nRIVER VIOLATION RECORDS .— \n‘‘(1) P ERIODIC REVIEW .—Except as provided in \nparagraph (3), an employer shall ascertain the driving record of each driver it employs— \n‘‘(A) by making an inquiry at least once every \n12 months to the appropriate State agency in which the driver held or holds a commercial driver’s license or permit during such time pe-riod; \n‘‘(B) by receiving occurrence-based reports of \nchanges in the status of a driver’s record from 1 or more driver record notification systems that meet minimum standards issued by the Sec-retary; or \n‘‘(C) by a combination of inquiries to States \nand reports from driver record notification sys-tems. \n‘‘(2) R\nECORD KEEPING .—A copy of the reports \nreceived under paragraph (1) shall be main-tained in the driver’s qualification file. \n‘‘(3) E\nXCEPTIONS TO RECORD REVIEW REQUIRE -\nMENT .—Paragraph (1) shall not apply to a driv-\ner employed by an employer who, in any 7-day period, is employed or used as a driver by more than 1 employer— \n‘‘(A) if the employer obtains the driver’s iden-\ntification number, type, and issuing State of the driver’s commercial motor vehicle license; or \n‘‘(B) if the information described in subpara-\ngraph (A) is furnished by another employer and the employer that regularly employs the driver meets the other requirements under this section. \n‘‘(4) D\nRIVER RECORD NOTIFICATION SYSTEM DE -\nFINED .—In this section, the term ‘driver record \nnotification system’ means a system that auto-matically furnishes an employer with a report, generated by the appropriate agency of a State, on the change in the status of an employee’s driver’s license due to a conviction for a moving violation, a failure to appear, an accident, driv-er’s license suspension, driver’s license revoca-tion, or any other action taken against the driv-ing privilege.’’. \n(b) S\nTANDARDS FOR DRIVER RECORD NOTIFICA -\nTION SYSTEMS .—Not later than 1 year after the \ndate of enactment of this Act, the Secretary shall issue minimum standards for driver notifi-cation systems, including standards for the ac-curacy, consistency, and completeness of the in-formation provided. \n(c) P\nLAN FOR NATIONAL NOTIFICATION SYS-\nTEM.— \n(1) D EVELOPMENT .—Not later than 2 years \nafter the date of enactment of this Act, the Sec-retary shall develop recommendations and a plan for the development and implementation of a national driver record notification system, in-cluding— \n(A) an assessment of the merits of achieving a \nnational system by expanding the Commercial Driver’s License Information System; and \n(B) an estimate of the fees that an employer \nwill be charged to offset the operating costs of the national system. \n(2) S\nUBMISSION TO CONGRESS .—Not later than \n90 days after the recommendations and plan are developed under paragraph (1), the Secretary shall submit a report on the recommendations and plan to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infra-structure of the House of Representatives. \nSEC. 32304. COMMERCIAL MOTOR VEHICLE OPER-\nATOR TRAINING. \n(a) I NGENERAL .—Section 31305 is amended by \nadding at the end the following: \n‘‘(c) S TANDARDS FOR TRAINING .—Not later \nthan 1 year after the date of enactment of the \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00372 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4531 June 28, 2012 \nCommercial Motor Vehicle Safety Enhancement \nAct of 2012, the Secretary shall issue final regu-lations establishing minimum entry-level train-ing requirements for an individual operating a commercial motor vehicle— \n‘‘(1) addressing the knowledge and skills \nthat— \n‘‘(A) are necessary for an individual operating \na commercial motor vehicle to safely operate a commercial motor vehicle; and \n‘‘(B) must be acquired before obtaining a com-\nmercial driver’s license for the first time or up-grading from one class of commercial driver’s li-cense to another class; \n‘‘(2) addressing the specific training needs of \na commercial motor vehicle operator seeking passenger or hazardous materials endorsements; \n‘‘(3) requiring effective instruction to acquire \nthe knowledge, skills, and training referred to in paragraphs (1) and (2), including classroom and behind-the-wheel instruction; \n‘‘(4) requiring certification that an individual \noperating a commercial motor vehicle meets the requirements established by the Secretary; and \n‘‘(5) requiring a training provider (including a \npublic or private driving school, motor carrier, or owner or operator of a commercial motor ve-hicle) that offers training that results in the issuance of a certification to an individual under paragraph (4) to demonstrate that the training meets the requirements of the regula-tions, through a process established by the Sec-retary.’’. \n(b) C\nOMMERCIAL DRIVER ’SLICENSE UNIFORM \nSTANDARDS .—Section 31308(1) is amended to \nread as follows: \n‘‘(1) an individual issued a commercial driv-\ner’s license— \n‘‘(A) pass written and driving tests for the op-\neration of a commercial motor vehicle that com-ply with the minimum standards prescribed by the Secretary under section 31305(a); and \n‘‘(B) present certification of completion of \ndriver training that meets the requirements es-tablished by the Secretary under section 31305(c);’’. \n(c) C\nONFORMING AMENDMENT .—The section \nheading for section 31305 is amended to read as follows: \n‘‘§ 31305. General driver fitness, testing, and \ntraining’’. \n(d) C\nONFORMING AMENDMENT .—The analysis \nfor chapter 313 is amended by striking the item relating to section 31305 and inserting the fol-lowing: \n‘‘31305. General driver fitness, testing, and \ntraining.’’. \nSEC. 32305. COMMERCIAL DRIVER’S LICENSE PRO-\nGRAM. \n(a) I NGENERAL .—Section 31309 is amended— \n(1) in subsection (e)(4), by amending subpara-\ngraph (A) to read as follows: \n‘‘(A) I N GENERAL .—The plan shall specify— \n‘‘(i) a date by which all States shall be oper-\nating commercial driver’s license information systems that are compatible with the modernized information system under this section; and \n‘‘(ii) that States must use the systems to re-\nceive and submit conviction and disqualification data.’’; and \n(2) in subsection (f), by striking ‘‘use’’ and in-\nserting ‘‘use, subject to section 31313(a),’’. \n(b) R\nEQUIREMENTS FOR STATE PARTICIPA -\nTION.—Section 31311 is amended— \n(1) in subsection (a), as amended by section \n32203(b) of this Act— \n(A) in paragraph (5), by striking ‘‘At least’’ \nand all that follows through ‘‘regulation),’’ and inserting: ‘‘Not later than the time period pre-scribed by the Secretary by regulation,’’; and \n(B) by adding at the end the following: ‘‘(23) Not later than 1 year after the date of \nenactment of the Commercial Motor Vehicle Safety Enhancement Act of 2012, the State shall implement a system and practices for the exclu-sive electronic exchange of driver history record information on the system the Secretary main-tains under section 31309, including the posting \nof convictions, withdrawals, and disqualifica-tions. \n‘‘(24) Before renewing or issuing a commercial \ndriver’s license to an individual, the State shall request information pertaining to the individual from the drug and alcohol clearinghouse main-tained under section 31306a.’’; and \n(2) by adding at the end the following: ‘‘(d) S\nTATE COMMERCIAL DRIVER ’SLICENSE \nPROGRAM PLAN.— \n‘‘(1) I N GENERAL .—A State shall submit a plan \nto the Secretary for complying with the require-ments under this section during the period be-ginning on the date the plan is submitted and ending on September 30, 2016. \n‘‘(2) C\nONTENTS .—A plan submitted by a State \nunder paragraph (1) shall identify— \n‘‘(A) the actions that the State will take to ad-\ndress any deficiencies in the State’s commercial driver’s license program, as identified by the Secretary in the most recent audit of the pro-gram; and \n‘‘(B) other actions that the State will take to \ncomply with the requirements under subsection (a). \n‘‘(3) P\nRIORITY .— \n‘‘(A) I MPLEMENTATION SCHEDULE .—A plan \nsubmitted by a State under paragraph (1) shall include a schedule for the implementation of the actions identified under paragraph (2). In estab-lishing the schedule, the State shall prioritize actions to address any deficiencies highlighted by the Secretary as critical in the most recent audit of the program. \n‘‘(B) D\nEADLINE FOR COMPLIANCE WITH RE -\nQUIREMENTS .—A plan submitted by a State \nunder paragraph (1) shall include assurances that the State will take the necessary actions to comply with the requirements of subsection (a) not later than September 30, 2015. \n‘‘(4) A\nPPROVAL AND DISAPPROVAL .—The Sec-\nretary shall— \n‘‘(A) review each plan submitted under para-\ngraph (1); \n‘‘(B)(i) approve a plan if the Secretary deter-\nmines that the plan meets the requirements under this subsection and promotes the goals of this chapter; and \n‘‘(ii) disapprove a plan that the Secretary de-\ntermines does not meet the requirements or does not promote the goals. \n‘‘(5) M\nODIFICATION OF DISAPPROVED PLANS .— \nIf the Secretary disapproves a plan under para-graph (4), the Secretary shall— \n‘‘(A) provide a written explanation of the dis-\napproval to the State; and \n‘‘(B) allow the State to modify the plan and \nresubmit it for approval. \n‘‘(6) P\nLAN UPDATES .—The Secretary may re-\nquire a State to review and update a plan, as appropriate. \n‘‘(e) A\nNNUAL COMPARISON OF STATE LEVELS \nOFCOMPLIANCE .—The Secretary shall annu-\nally— \n‘‘(1) compare the relative levels of compliance \nby States with the requirements under sub-section (a); and \n‘‘(2) make the results of the comparison avail-\nable to the public.’’. \nSEC. 32306. COMMERCIAL MOTOR VEHICLE DRIV-\nER INFORMATION SYSTEMS. \nSection 31106(c) is amended— \n(1) by striking the heading and inserting ‘‘(1) \nINGENERAL .’’; \n(2) by redesignating paragraphs (1) through \n(4) as subparagraphs (A) through (D); and \n(3) by adding at the end the following: ‘‘(2) A\nCCESS TO RECORDS .—The Secretary may \nrequire a State, as a condition of an award of grant money under this section, to provide the Secretary access to all State licensing status and driver history records via an electronic informa-tion system, subject to section 2721 of title 18.’’. \nSEC. 32307. EMPLOYER RESPONSIBILITIES. \nSection 31304, as amended by section 32303 of \nthis Act, is amended in subsection (a)— (1) by striking ‘‘knowingly’’; and \n(2) by striking ‘‘in which’’ and inserting ‘‘that \nthe employer knows or should reasonably know that’’. \nSEC. 32308. PROGRAM TO ASSIST VETERANS TO \nACQUIRE COMMERCIAL DRIVER’S LI-CENSES. \n(a) S TUDY .— \n(1) I N GENERAL .—Not later than 90 days after \nthe date of enactment of this Act, the Secretary, in coordination with the Secretary of Defense, and in consultation with the States and other relevant stakeholders, shall commence a study to assess Federal and State regulatory, eco-nomic, and administrative challenges faced by members and former members of the Armed Forces, who received safety training and oper-ated qualifying motor vehicles during their serv-ice, in obtaining commercial driver’s licenses (as defined in section 31301(3) of title 49, United States Code). \n(2) R\nEQUIREMENTS .—The study under this \nsubsection shall— \n(A) identify written and behind-the-wheel \nsafety training, qualification standards, knowl-edge and skills tests, or other operating experi-ence members of the Armed Forces must meet that satisfy the minimum standards prescribed by the Secretary of Transportation for the oper-ation of commercial motor vehicles under section 31305 of title 49, United States Code; \n(B) compare the alcohol and controlled sub-\nstances testing requirements for members of the Armed Forces with those required for holders of a commercial driver’s license; \n(C) evaluate the cause of delays in reviewing \napplications for commercial driver’s licenses of members and former members of the Armed Forces; \n(D) identify duplicative application costs; (E) identify residency, domicile, training and \ntesting requirements, and other safety or health assessments that affect or delay the issuance of commercial driver’s licenses to members and former members of the Armed Forces; and \n(F) include other factors that the Secretary \ndetermines to be appropriate to meet the require-ments of the study. \n(b) R\nEPORT .— \n(1) I N GENERAL .—Not later than 180 days after \nthe commencement of the study under sub-section (a), the Secretary shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Financial Services of the House of Represent-atives that contains the findings and rec-ommendations from the study. \n(2) E\nLEMENTS .—The report under paragraph \n(1) shall include— \n(A) findings related to the study requirements \nunder subsection (a)(2); \n(B) recommendations for the Federal and \nState legislative, regulatory, and administrative actions necessary to address challenges identi-fied in subparagraph (A); and \n(C) a plan to implement the recommendations \nfor which the Secretary has authority. \n(c) I\nMPLEMENTATION .—Not later than 1 year \nafter the date of enactment of this Act, the Sec-retary, in consultation with the Secretary of De-fense and in cooperation with the States, shall implement the recommendations identified in subsection (b) and establish accelerated licens-ing procedures to assist veterans to acquire com-mercial driver’s licenses. \n(d) A\nCCELERATED LICENSING PROCEDURES .— \nThe procedures established under subsection (a) shall be designed to be applicable to any veteran who— \n(1) is attempting to acquire a commercial driv-\ner’s license; and \n(2) obtained, during military service, docu-\nmented driving experience that, in the deter-mination of the Secretary, makes the use of ac-celerated licensing procedures appropriate. \n(e) D\nEFINITIONS .—In this section: \n(1) C OMMERCIAL DRIVER ’S LICENSE .—The term \n‘‘commercial driver’s license’’ has the meaning \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00373 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4532 June 28, 2012 \ngiven that term in section 31301 of title 49, \nUnited States Code. \n(2) S TATE.—The term ‘‘State’’ has the meaning \ngiven that term in section 31301 of title 49, United States Code. \n(3) V\nETERAN .—The term ‘‘veteran’’ has the \nmeaning given that term in section 101 of title 38, United States Code. \nSubtitle D—Safe Roads Act of 2012 \nSEC. 32401. SHORT TITLE. \nThis subtitle may be cited as the ‘‘Safe Roads \nAct of 2012’’. \nSEC. 32402. NATIONAL CLEARINGHOUSE FOR \nCONTROLLED SUBSTANCE AND AL-COHOL TEST RESULTS OF COMMER-CIAL MOTOR VEHICLE OPERATORS. \n(a) I NGENERAL .—Chapter 313 is amended— \n(1) in section 31306(a), by inserting ‘‘and sec-\ntion 31306a’’ after ‘‘this section’’; and \n(2) by inserting after section 31306 the fol-\nlowing: \n‘‘§ 31306a. National clearinghouse for con-\ntrolled substance and alcohol test results of commercial motor vehicle operators \n‘‘(a) E\nSTABLISHMENT .— \n‘‘(1) I N GENERAL .—Not later than 2 years after \nthe date of enactment of the Safe Roads Act of 2012, the Secretary of Transportation shall es-tablish, operate, and maintain a national clear-inghouse for records relating to alcohol and controlled substances testing of commercial motor vehicle operators. \n‘‘(2) P\nURPOSES .—The purposes of the clearing-\nhouse shall be— \n‘‘(A) to improve compliance with the Depart-\nment of Transportation’s alcohol and controlled substances testing program applicable to com-mercial motor vehicle operators; and \n‘‘(B) to enhance the safety of our United \nStates roadways by reducing accident and inju-ries involving the misuse of alcohol or use of controlled substances by operators of commercial motor vehicles. \n‘‘(3) C\nONTENTS .—The clearinghouse shall \nfunction as a repository for records relating to the positive test results and test refusals of com-mercial motor vehicle operators and violations by such operators of prohibitions set forth in subpart B of part 382 of title 49, Code of Federal Regulations (or any subsequent corresponding regulations). \n‘‘(4) E\nLECTRONIC EXCHANGE OF RECORDS .—The \nSecretary shall ensure that records can be elec-tronically submitted to, and requested from, the clearinghouse by authorized users. \n‘‘(5) A\nUTHORIZED OPERATOR .—The Secretary \nmay authorize a qualified private entity to oper-ate and maintain the clearinghouse and to col-lect fees on behalf of the Secretary under sub-section (e). The entity shall operate and main-tain the clearinghouse and permit access to driver information and records from the clear-inghouse in accordance with this section. \n‘‘(b) D\nESIGN OF CLEARINGHOUSE .— \n‘‘(1) U SE OF FEDERAL MOTOR CARRIER SAFETY \nADMINISTRATION RECOMMENDATIONS .—In estab-\nlishing the clearinghouse, the Secretary shall consider— \n‘‘(A) the findings and recommendations con-\ntained in the Federal Motor Carrier Safety Ad-ministration’s March 2004 report to Congress re-quired under section 226 of the Motor Carrier Safety Improvement Act of 1999 (49 U.S.C. 31306 note); and \n‘‘(B) the findings and recommendations con-\ntained in the Government Accountability Of-fice’s May 2008 report to Congress entitled ‘Motor Carrier Safety: Improvements to Drug Testing Programs Could Better Identify Illegal Drug Users and Keep Them off the Road.’. \n‘‘(2) D\nEVELOPMENT OF SECURE PROCESSES .—In \nestablishing the clearinghouse, the Secretary shall develop a secure process for— \n‘‘(A) administering and managing the clear-\ninghouse in compliance with applicable Federal security standards; \n‘‘(B) registering and authenticating author-\nized users of the clearinghouse; ‘‘(C) registering and authenticating persons \nrequired to report to the clearinghouse under subsection (g); \n‘‘(D) preventing the unauthorized access of \ninformation from the clearinghouse; \n‘‘(E) storing and transmitting data; ‘‘(F) persons required to report to the clear-\ninghouse under subsection (g) to timely and ac-curately submit electronic data to the clearing-house; \n‘‘(G) generating timely and accurate reports \nfrom the clearinghouse in response to requests for information by authorized users; and \n‘‘(H) updating an individual’s record upon \ncompletion of the return-to-duty process de-scribed in title 49, Code of Federal Regulations. \n‘‘(3) E\nMPLOYER ALERT OF POSITIVE TEST RE -\nSULT.—In establishing the clearinghouse, the \nSecretary shall develop a secure method for elec-tronically notifying an employer of each addi-tional positive test result or other noncompli-ance— \n‘‘(A) for an employee, that is entered into the \nclearinghouse during the 7-day period imme-diately following an employer’s inquiry about the employee; and \n‘‘(B) for an employee who is listed as having \nmultiple employers. \n‘‘(4) A\nRCHIVE CAPABILITY .—In establishing the \nclearinghouse, the Secretary shall develop a process for archiving all clearinghouse records for the purposes of auditing and evaluating the timeliness, accuracy, and completeness of data in the clearinghouse. \n‘‘(5) F\nUTURE NEEDS .— \n‘‘(A) I NTEROPERABILITY WITH OTHER DATA SYS -\nTEMS.—In establishing the clearinghouse, the \nSecretary shall consider— \n‘‘(i) the existing data systems containing regu-\nlatory and safety data for commercial motor ve-hicle operators; \n‘‘(ii) the efficacy of using or combining clear-\ninghouse data with 1 or more of such systems; and \n‘‘(iii) the potential interoperability of the \nclearinghouse with such systems. \n‘‘(B) S\nPECIFIC CONSIDERATIONS .—In carrying \nout subparagraph (A), the Secretary shall deter-mine— \n‘‘(i) the clearinghouse’s capability for inter-\noperability with— \n‘‘(I) the National Driver Register established \nunder section 30302; \n‘‘(II) the Commercial Driver’s License Infor-\nmation System established under section 31309; \n‘‘(III) the Motor Carrier Management Infor-\nmation System for preemployment screening services under section 31150; and \n‘‘(IV) other data systems, as appropriate; and ‘‘(ii) any change to the administration of the \ncurrent testing program, such as forms, that is necessary to collect data for the clearinghouse. \n‘‘(c) S\nTANDARD FORMATS .—The Secretary \nshall develop standard formats to be used— \n‘‘(1) by an authorized user of the clearing-\nhouse to— \n‘‘(A) request a record from the clearinghouse; \nand \n‘‘(B) obtain the consent of an individual who \nis the subject of a request from the clearing-house, if applicable; and \n‘‘(2) to notify an individual that a positive al-\ncohol or controlled substances test result, refus-ing to test, and a violation of any of the prohi-bitions under subpart B of part 382 of title 49, Code of Federal Regulations (or any subsequent corresponding regulations), will be reported to the clearinghouse. \n‘‘(d) P\nRIVACY .—A release of information from \nthe clearinghouse shall— \n‘‘(1) comply with applicable Federal privacy \nlaws, including the fair information practices under the Privacy Act of 1974 (5 U.S.C. 552a); \n‘‘(2) comply with applicable sections of the \nFair Credit Reporting Act (15 U.S.C. 1681 et seq.); and \n‘‘(3) not be made to any person or entity un-\nless expressly authorized or required by law. ‘‘(e) F\nEES.— \n‘‘(1) A UTHORITY TO COLLECT FEES .—Except as \nprovided under paragraph (3), the Secretary may collect a reasonable, customary, and nomi-nal fee from an authorized user of the clearing-house for a request for information from the clearinghouse. \n‘‘(2) U\nSE OF FEES .—Fees collected under this \nsubsection shall be used for the operation and maintenance of the clearinghouse. \n‘‘(3) L\nIMITATION .—The Secretary may not col-\nlect a fee from an individual requesting informa-tion from the clearinghouse that pertains to the record of that individual. \n‘‘(f) E\nMPLOYER REQUIREMENTS .— \n‘‘(1) D ETERMINATION CONCERNING USE OF \nCLEARINGHOUSE .—The Secretary shall determine \nif an employer is authorized to use the clearing-house to meet the alcohol and controlled sub-stances testing requirements under title 49, Code of Federal Regulations. \n‘‘(2) A\nPPLICABILITY OF EXISTING REQUIRE -\nMENTS .—Each employer and service agent shall \ncontinue to comply with the alcohol and con-trolled substances testing requirements under title 49, Code of Federal Regulations. \n‘‘(3) E\nMPLOYMENT PROHIBITIONS .—After the \nclearinghouse is established under subsection (a), at a date determined to be appropriate by the Secretary and published in the Federal Reg-ister, an employer shall utilize the clearinghouse to determine whether any employment prohibi-tions exist and shall not hire an individual to operate a commercial motor vehicle unless the employer determines that the individual, during the preceding 3-year period— \n‘‘(A) if tested for the use of alcohol and con-\ntrolled substances, as required under title 49, Code of Federal Regulations— \n‘‘(i) did not test positive for the use of alcohol \nor controlled substances in violation of the regu-lations; or \n‘‘(ii) tested positive for the use of alcohol or \ncontrolled substances and completed the re-quired return-to-duty process under title 49, Code of Federal Regulations; \n‘‘(B)(i) did not refuse to take an alcohol or \ncontrolled substance test under title 49, Code of Federal Regulations; or \n‘‘(ii) refused to take an alcohol or controlled \nsubstance test and completed the required re-turn-to-duty process under title 49, Code of Fed-eral Regulations; and \n‘‘(C) did not violate any other provision of \nsubpart B of part 382 of title 49, Code of Federal Regulations (or any subsequent corresponding regulations). \n‘‘(4) A\nNNUAL REVIEW .—After the clearinghouse \nis established under subsection (a), at a date de-termined to be appropriate by the Secretary and published in the Federal Register, an employer shall request and review a commercial motor ve-hicle operator’s record from the clearinghouse annually for as long as the commercial motor vehicle operator is under the employ of the em-ployer. \n‘‘(g) R\nEPORTING OF RECORDS .— \n‘‘(1) I N GENERAL .—Beginning 30 days after the \ndate that the clearinghouse is established under subsection (a), a medical review officer, em-ployer, service agent, and other appropriate per-son, as determined by the Secretary, shall promptly submit to the Secretary any record generated after the clearinghouse is initiated of an individual who— \n‘‘(A) refuses to take an alcohol or controlled \nsubstances test required under title 49, Code of Federal Regulations; \n‘‘(B) tests positive for alcohol or a controlled \nsubstance in violation of the regulations; or \n‘‘(C) violates any other provision of subpart B \nof part 382 of title 49, Code of Federal Regula-tions (or any subsequent corresponding regula-tions). \n‘‘(2) I\nNCLUSION OF RECORDS IN CLEARING -\nHOUSE .—The Secretary shall include in the \nclearinghouse the records of positive test results and test refusals received under paragraph (1). \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00374 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4533 June 28, 2012 \n‘‘(3) M ODIFICATIONS AND DELETIONS .—If the \nSecretary determines that a record contained in the clearinghouse is not accurate, the Secretary shall modify or delete the record, as appro-priate. \n‘‘(4) N\nOTIFICATION .—The Secretary shall expe-\nditiously notify an individual, unless such noti-fication would be duplicative, when— \n‘‘(A) a record relating to the individual is re-\nceived by the clearinghouse; \n‘‘(B) a record in the clearinghouse relating to \nthe individual is modified or deleted, and in-clude in the notification the reason for the modification or deletion; or \n‘‘(C) a record in the clearinghouse relating to \nthe individual is released to an employer and specify the reason for the release. \n‘‘(5) D\nATA QUALITY AND SECURITY STANDARDS \nFOR REPORTING AND RELEASING .—The Secretary \nmay establish additional requirements, as ap-propriate, to ensure that— \n‘‘(A) the submission of records to the clearing-\nhouse is timely and accurate; \n‘‘(B) the release of data from the clearing-\nhouse is timely, accurate, and released to the appropriate authorized user under this section; and \n‘‘(C) an individual with a record in the clear-\ninghouse has a cause of action for any inappro-priate use of information included in the clear-inghouse. \n‘‘(6) R\nETENTION OF RECORDS .—The Secretary \nshall— \n‘‘(A) retain a record submitted to the clearing-\nhouse for a 5-year period beginning on the date the record is submitted; \n‘‘(B) remove the record from the clearinghouse \nat the end of the 5-year period, unless the indi-vidual fails to meet a return-to-duty or follow- up requirement under title 49, Code of Federal Regulations; and \n‘‘(C) retain a record after the end of the 5- \nyear period in a separate location for archiving and auditing purposes. \n‘‘(h) A\nUTHORIZED USERS.— \n‘‘(1) E MPLOYERS .—The Secretary shall estab-\nlish a process for an employer, or an employer’s designated agent, to request and receive an indi-vidual’s record from the clearinghouse. \n‘‘(A) C\nONSENT .—An employer may not access \nan individual’s record from the clearinghouse unless the employer— \n‘‘(i) obtains the prior written or electronic \nconsent of the individual for access to the record; and \n‘‘(ii) submits proof of the individual’s consent \nto the Secretary. \n‘‘(B) A\nCCESS TO RECORDS .—After receiving a \nrequest from an employer for an individual’s record under subparagraph (A), the Secretary shall grant access to the individual’s record to the employer as expeditiously as practicable. \n‘‘(C) R\nETENTION OF RECORD REQUESTS .—The \nSecretary shall require an employer to retain for a 3-year period— \n‘‘(i) a record of each request made by the em-\nployer for records from the clearinghouse; and \n‘‘(ii) the information received pursuant to the \nrequest. \n‘‘(D) U\nSE OF RECORDS .—An employer may use \nan individual’s record received from the clear-inghouse only to assess and evaluate whether a prohibition applies with respect to the indi-vidual to operate a commercial motor vehicle for the employer. \n‘‘(E) P\nROTECTION OF PRIVACY OF INDIVID -\nUALS.—An employer that receives an individ-\nual’s record from the clearinghouse under sub-paragraph (B) shall— \n‘‘(i) protect the privacy of the individual and \nthe confidentiality of the record; and \n‘‘(ii) ensure that information contained in the \nrecord is not divulged to a person or entity that is not directly involved in assessing and evalu-ating whether a prohibition applies with respect to the individual to operate a commercial motor vehicle for the employer. \n‘‘(2) S\nTATE LICENSING AUTHORITIES .—The Sec-\nretary shall establish a process for the chief commercial driver’s licensing official of a State \nto request and receive an individual’s record from the clearinghouse if the individual is ap-plying for a commercial driver’s license from the State. \n‘‘(A) C\nONSENT .—The Secretary may grant ac-\ncess to an individual’s record in the clearing-house under this paragraph without the prior written or electronic consent of the individual. An individual who holds a commercial driver’s license shall be deemed to consent to such access by obtaining a commercial driver’s license. \n‘‘(B) P\nROTECTION OF PRIVACY OF INDIVID -\nUALS.—A chief commercial driver’s licensing of-\nficial of a State that receives an individual’s record from the clearinghouse under this para-graph shall— \n‘‘(i) protect the privacy of the individual and \nthe confidentiality of the record; and \n‘‘(ii) ensure that the information in the record \nis not divulged to any person that is not directly involved in assessing and evaluating the quali-fications of the individual to operate a commer-cial motor vehicle. \n‘‘(i) N\nATIONAL TRANSPORTATION SAFETY \nBOARD .—The Secretary shall establish a process \nfor the National Transportation Safety Board to request and receive an individual’s record from the clearinghouse if the individual is involved in an accident that is under investigation by the National Transportation Safety Board. \n‘‘(j) A\nCCESS TO CLEARINGHOUSE BY INDIVID -\nUALS.— \n‘‘(1) I N GENERAL .—The Secretary shall estab-\nlish a process for an individual to request and receive information from the clearinghouse— \n‘‘(A) to determine whether the clearinghouse \ncontains a record pertaining to the individual; \n‘‘(B) to verify the accuracy of a record; ‘‘(C) to update an individual’s record, includ-\ning completing the return-to-duty process de-scribed in title 49, Code of Federal Regulations; and \n‘‘(D) to determine whether the clearinghouse \nreceived requests for the individual’s informa-tion. \n‘‘(2) D\nISPUTE PROCEDURE .—The Secretary \nshall establish a procedure, including an appeal process, for an individual to dispute and remedy an administrative error in the individual’s record. \n‘‘(k) P\nENALTIES .— \n‘‘(1) I N GENERAL .—An employer, employee, \nmedical review officer, or service agent who vio-lates any provision of this section shall be sub-ject to civil penalties under section 521(b)(2)(C) and criminal penalties under section 521(b)(6)(B), and any other applicable civil and criminal penalties, as determined by the Sec-retary. \n‘‘(2) V\nIOLATION OF PRIVACY .—The Secretary \nshall establish civil and criminal penalties, con-sistent with paragraph (1), for an authorized user who violates paragraph (1) or (2) of sub-section (h). \n‘‘(l) C\nOMPATIBILITY OF STATE AND LOCAL \nLAWS.— \n‘‘(1) P REEMPTION .—Except as provided under \nparagraph (2), any law, regulation, order, or other requirement of a State, political subdivi-sion of a State, or Indian tribe related to a com-mercial driver’s license holder subject to alcohol or controlled substance testing under title 49, Code of Federal Regulations, that is incon-sistent with this section or a regulation issued pursuant to this section is preempted. \n‘‘(2) A\nPPLICABILITY .—The preemption under \nparagraph (1) shall include— \n‘‘(A) the reporting of valid positive results \nfrom alcohol screening tests and drug tests; \n‘‘(B) the refusal to provide a specimen for an \nalcohol screening test or drug test; and \n‘‘(C) other violations of subpart B of part 382 \nof title 49, Code of Federal Regulations (or any subsequent corresponding regulations). \n‘‘(3) E\nXCEPTION .—A law, regulation, order, or \nother requirement of a State, political subdivi-sion of a State, or Indian tribe shall not be pre-empted under this subsection to the extent it re-\nlates to an action taken with respect to a com-mercial motor vehicle operator’s commercial driver’s license or driving record as a result of the driver’s— \n‘‘(A) verified positive alcohol or drug test re-\nsult; \n‘‘(B) refusal to provide a specimen for the test; \nor \n‘‘(C) other violations of subpart B of part 382 \nof title 49, Code of Federal Regulations (or any subsequent corresponding regulations). \n‘‘(m) D\nEFINITIONS .—In this section— \n‘‘(1) A UTHORIZED USER .—The term ‘authorized \nuser’ means an employer, State licensing au-thority, or other person granted access to the clearinghouse under subsection (h). \n‘‘(2) C\nHIEF COMMERCIAL DRIVER ’S LICENSING \nOFFICIAL .—The term ‘chief commercial driver’s \nlicensing official’ means the official in a State who is authorized to— \n‘‘(A) maintain a record about commercial driv-\ner’s licenses issued by the State; and \n‘‘(B) take action on commercial driver’s li-\ncenses issued by the State. \n‘‘(3) C\nLEARINGHOUSE .—The term ‘clearing-\nhouse’ means the clearinghouse established under subsection (a). \n‘‘(4) C\nOMMERCIAL MOTOR VEHICLE OPER -\nATOR .—The term ‘commercial motor vehicle op-\nerator’ means an individual who— \n‘‘(A) possesses a valid commercial driver’s li-\ncense issued in accordance with section 31308; and \n‘‘(B) is subject to controlled substances and \nalcohol testing under title 49, Code of Federal Regulations. \n‘‘(5) E\nMPLOYER .—The term ‘employer’ means a \nperson or entity employing, or seeking to em-ploy, 1 or more employees (including an indi-vidual who is self-employed) to be commercial motor vehicle operators. \n‘‘(6) M\nEDICAL REVIEW OFFICER .—The term \n‘medical review officer’ means a licensed physi-cian who is responsible for— \n‘‘(A) receiving and reviewing a laboratory re-\nsult generated under the testing program; \n‘‘(B) evaluating a medical explanation for a \ncontrolled substances test under title 49, Code of Federal Regulations; and \n‘‘(C) interpreting the results of a controlled \nsubstances test. \n‘‘(7) S\nECRETARY .—The term ‘Secretary’ means \nthe Secretary of Transportation. \n‘‘(8) S ERVICE AGENT .—The term ‘service agent’ \nmeans a person or entity, other than an em-ployee of the employer, who provides services to employers or employees under the testing pro-gram. \n‘‘(9) T\nESTING PROGRAM .—The term ‘testing \nprogram’ means the alcohol and controlled sub-stances testing program required under title 49, Code of Federal Regulations.’’. \n(b) C\nONFORMING AMENDMENT .—The analysis \nfor chapter 313 is amended by inserting after the item relating to section 31306 the following: \n‘‘31306a. National clearinghouse for positive \ncontrolled substance and alcohol test results of commercial motor vehicle operators.’’. \nSubtitle E—Enforcement \nSEC. 32501. INSPECTION DEMAND AND DISPLAY \nOF CREDENTIALS. \n(a) S AFETY INVESTIGATIONS .—Section 504(c) is \namended— \n(1) by inserting ‘‘, or an employee of the re-\ncipient of a grant issued under section 31102 of this title’’ after ‘‘a contractor’’; and \n(2) by inserting ‘‘, in person or in writing’’ \nafter ‘‘proper credentials’’. \n(b) C\nIVIL PENALTY .—Section 521(b)(2)(E) is \namended— \n(1) by redesignating subparagraph (E) as sub-\nparagraph (E)(i); and \n(2) by adding at the end the following: ‘‘(ii) P\nLACE OUT OF SERVICE .—The Secretary \nmay by regulation adopt procedures for placing \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00375 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4534 June 28, 2012 \nout of service the commercial motor vehicle of a \nforeign-domiciled motor carrier that fails to promptly allow the Secretary to inspect and copy a record or inspect equipment, land, build-ings, or other property.’’. \n(c) H\nAZARDOUS MATERIALS INVESTIGATIONS .— \nSection 5121(c)(2) is amended by inserting ‘‘, in person or in writing,’’ after ‘‘proper creden-tials’’. \n(d) C\nOMMERCIAL INVESTIGATIONS .—Section \n14122(b) is amended by inserting ‘‘, in person or in writing’’ after ‘‘proper credentials’’. \nSEC. 32502. OUT OF SERVICE PENALTY FOR DE-\nNIAL OF ACCESS TO RECORDS. \nSection 521(b)(2)(E) is amended— \n(1) by inserting after ‘‘$10,000.’’ the following: \n‘‘In the case of a motor carrier, the Secretary may also place the violator’s motor carrier oper-ations out of service.’’; and \n(2) by striking ‘‘such penalty’’ after ‘‘It shall \nbe a defense to’’ and inserting ‘‘a penalty’’. \nSEC. 32503. PENALTIES FOR VIOLATION OF OPER-\nATION OUT OF SERVICE ORDERS. \nSection 521(b)(2) is amended by adding at the \nend the following: \n‘‘(F) P ENALTY FOR VIOLATIONS RELATING TO \nOUT OF SERVICE ORDERS .—A motor carrier or em-\nployer (as defined in section 31132) that operates a commercial motor vehicle in commerce in vio-lation of a prohibition on transportation under section 31144(c) of this title or an imminent haz-ard out of service order issued under subsection (b)(5) of this section or section 5121(d) of this title shall be liable for a civil penalty not to ex-ceed $25,000.’’. \nSEC. 32504. IMPOUNDMENT AND IMMOBILIZATION \nOF COMMERCIAL MOTOR VEHICLES FOR IMMINENT HAZARD. \nSection 521(b) is amended by adding at the \nend the following: \n‘‘(15) I MPOUNDMENT OF COMMERCIAL MOTOR \nVEHICLES .— \n‘‘(A) E NFORCEMENT OF IMMINENT HAZARD OUT - \nOF-SERVICE ORDERS .— \n‘‘(i) The Secretary, or an authorized State of-\nficial carrying out motor carrier safety enforce-ment activities under section 31102, may enforce an imminent hazard out-of-service order issued under chapters 5, 51, 131 through 149, 311, 313, or 315 of this title, or a regulation promulgated thereunder, by towing and impounding a com-mercial motor vehicle until the order is re-scinded. \n‘‘(ii) Enforcement shall not unreasonably \ninterfere with the ability of a shipper, carrier, broker, or other party to arrange for the alter-native transportation of any cargo or passenger being transported at the time the commercial motor vehicle is immobilized. In the case of a commercial motor vehicle transporting pas-sengers, the Secretary or authorized State offi-cial shall provide reasonable, temporary, and se-cure shelter and accommodations for passengers in transit. \n‘‘(iii) The Secretary’s designee or an author-\nized State official carrying out motor carrier safety enforcement activities under section 31102, shall immediately notify the owner of a commercial motor vehicle of the impoundment and the opportunity for review of the impound-ment. A review shall be provided in accordance with section 554 of title 5, except that the review shall occur not later than 10 days after the im-poundment. \n‘‘(B) I\nSSUANCE OF REGULATIONS .—The Sec-\nretary shall promulgate regulations on the use of impoundment or immobilization of commercial motor vehicles as a means of enforcing addi-tional out-of-service orders issued under chap-ters 5, 51, 131 through 149, 311, 313, or 315 of this title, or a regulation promulgated thereunder. Regulations promulgated under this subpara-graph shall include consideration of public safe-ty, the protection of passengers and cargo, in-convenience to passengers, and the security of the commercial motor vehicle. \n‘‘(C) D\nEFINITION .—In this paragraph, the term \n‘impoundment’ or ’impounding’ means the seiz-ing and taking into custody of a commercial \nmotor vehicle or the immobilizing of a commer-cial motor vehicle through the attachment of a locking device or other mechanical or electronic means.’’. \nSEC. 32505. INCREASED PENALTIES FOR EVASION \nOF REGULATIONS. \n(a) P ENALTIES .—Section 524 is amended— \n(1) by striking ‘‘knowingly and willfully’’; (2) by inserting after ‘‘this chapter’’ the fol-\nlowing: ‘‘, chapter 51, subchapter III of chapter 311 (except sections 31138 and 31139) or section 31302, 31303, 31304, 31305(b), 31310(g)(1)(A), or 31502 of this title, or a regulation issued under any of those provisions,’’; \n(3) by striking ‘‘$200 but not more than $500’’ \nand inserting ‘‘$2,000 but not more than $5,000’’; and \n(4) by striking ‘‘$250 but not more than $2,000’’ \nand inserting ‘‘$2,500 but not more than $7,500’’. \n(b) E\nVASION OF REGULATION .—Section 14906 is \namended— \n(1) by striking ‘‘$200’’ and inserting ‘‘at least \n$2,000’’; \n(2) by striking ‘‘$250’’ and inserting ‘‘$5,000’’; \nand \n(3) by inserting after ‘‘a subsequent violation’’ \nthe following: \n‘‘, and may be subject to criminal penalties’’. \nSEC. 32506. VIOLATIONS RELATING TO COMMER-\nCIAL MOTOR VEHICLE SAFETY REGU-LATION AND OPERATORS. \nSection 521(b)(2)(D) is amended by striking \n‘‘ability to pay,’’. \nSEC. 32507. EMERGENCY DISQUALIFICATION FOR \nIMMINENT HAZARD. \nSection 31310(f) is amended— \n(1) in paragraph (1) by inserting ‘‘section 521 \nor’’ before ‘‘section 5102’’; and \n(2) in paragraph (2) by inserting ‘‘section 521 \nor’’ before ‘‘section 5102’’. \nSEC. 32508. DISCLOSURE TO STATE AND LOCAL \nLAW ENFORCEMENT AGENCIES. \nSection 31106(e) is amended— \n(1) by redesignating subsection (e) as sub-\nsection (e)(1); and \n(2) by inserting at the end the following: ‘‘(2) I\nN GENERAL .—Notwithstanding any pro-\nhibition on disclosure of information in section 31105(h) or 31143(b) of this title or section 552a of title 5, the Secretary may disclose information maintained by the Secretary pursuant to chap-ters 51, 135, 311, or 313 of this title to appro-priate personnel of a State agency or instrumen-tality authorized to carry out State commercial motor vehicle safety activities and commercial driver’s license laws, or appropriate personnel of a local law enforcement agency, in accordance with standards, conditions, and procedures as determined by the Secretary. Disclosure under this section shall not operate as a waiver by the Secretary of any applicable privilege against disclosure under common law or as a basis for compelling disclosure under section 552 of title 5.’’. \nSEC. 32509. GRADE CROSSING SAFETY REGULA-\nTIONS. \nSection 112(2) of the Hazardous Materials \nTransportation Authorization Act of 1994 (Pub-lic Law 103–311) is amended by striking ‘‘315 of such title (relating to motor carrier safety)’’ and inserting ‘‘311 of such title (relating to commer-cial motor vehicle safety)’’. \nSubtitle F—Compliance, Safety, \nAccountability \nSEC. 32601. MOTOR CARRIER SAFETY ASSISTANCE \nPROGRAM. \n(a) I NGENERAL .—Section 31102(b) is amend-\ned— \n(1) by amending the heading to read as fol-\nlows: \n‘‘(b) M OTOR CARRIER SAFETY ASSISTANCE \nPROGRAM .—’’; \n(2) by redesignating paragraphs (1) through \n(3) as (2) through (4), respectively; \n(3) by inserting before paragraph (2), as redes-\nignated, the following: ‘‘(1) P ROGRAM GOAL .—The goal of the Motor \nCarrier Safety Assistance Program is to ensure that the Secretary, States, local government agencies, and other political jurisdictions work in partnership to establish programs to improve motor carrier, commercial motor vehicle, and driver safety to support a safe and efficient sur-face transportation system by— \n‘‘(A) making targeted investments to promote \nsafe commercial motor vehicle transportation, including transportation of passengers and haz-ardous materials; \n‘‘(B) investing in activities likely to generate \nmaximum reductions in the number and severity of commercial motor vehicle crashes and fatali-ties resulting from such crashes; \n‘‘(C) adopting and enforcing effective motor \ncarrier, commercial motor vehicle, and driver safety regulations and practices consistent with Federal requirements; and \n‘‘(D) assessing and improving statewide per-\nformance by setting program goals and meeting performance standards, measures, and bench-marks.’’; \n(4) in paragraph (2), as redesignated— (A) by striking ‘‘make a declaration of’’ in \nsubparagraph (I) and inserting ‘‘demonstrate’’; \n(B) by amending subparagraph (M) to read as \nfollows: \n‘‘(M) ensures participation in appropriate \nFederal Motor Carrier Safety Administration systems and other information systems by all appropriate jurisdictions receiving Motor Car-rier Safety Assistance Program funding;’’; \n(C) in subparagraph (Q), by inserting ‘‘and \ndedicated sufficient resources to’’ between ‘‘es-tablished’’ and ‘‘a program’’; \n(D) in subparagraph (W), by striking ‘‘and’’ \nafter the semicolon; \n(E) in subparagraph (X), by striking the pe-\nriod and inserting ‘‘; and’’; and \n(F) by adding after subparagraph (X) the fol-\nlowing: \n‘‘(Y) ensures that the State will transmit to its \nroadside inspectors the notice of each Federal exemption granted pursuant to section 31315(b) and provided to the State by the Secretary, in-cluding the name of the person granted the ex-emption and any terms and conditions that apply to the exemption.’’; and \n(5) by amending paragraph (4), as redesig-\nnated, to read as follows: \n‘‘(4) M\nAINTENANCE OF EFFORT .— \n‘‘(A) I N GENERAL .—A plan submitted by a \nState under paragraph (2) shall provide that the total expenditure of amounts of the lead State agency responsible for implementing the plan will be maintained at a level at least equal to the average level of that expenditure for fiscal years 2004 and 2005. \n‘‘(B) A\nVERAGE LEVEL OF STATE EXPENDI -\nTURES .—In estimating the average level of State \nexpenditure under subparagraph (A), the Sec-retary— \n‘‘(i) may allow the State to exclude State ex-\npenditures for Government-sponsored dem-onstration or pilot programs; and \n‘‘(ii) shall require the State to exclude State \nmatching amounts used to receive Government financing under this subsection. \n‘‘(C) W\nAIVER .—Upon the request of a State, \nthe Secretary may waive or modify the require-ments of this paragraph for 1 fiscal year, if the Secretary determines that a waiver is equitable due to exceptional or uncontrollable cir-cumstances, such as a natural disaster or a seri-ous decline in the financial resources of the State motor carrier safety assistance program agency.’’. \nSEC. 32602. PERFORMANCE AND REGISTRATION \nINFORMATION SYSTEMS MANAGE-MENT PROGRAM. \nSection 31106(b) is amended by amending \nparagraph (3)(C) to read as follows: \n‘‘(C) establish and implement a process— ‘‘(i) to cancel the motor vehicle registration \nand seize the registration plates of a vehicle when an employer is found liable under section \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00376 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4535 June 28, 2012 \n31310(i)(2)(C) for knowingly allowing or requir-\ning an employee to operate such a commercial motor vehicle in violation of an out-of-service order; and \n‘‘(ii) to reinstate the vehicle registration or re-\nturn the registration plates of the commercial motor vehicle, subject to sanctions under clause (i), if the Secretary permits such carrier to re-sume operations after the date of issuance of such order.’’. \nSEC. 32603. AUTHORIZATION OF APPROPRIA-\nTIONS. \n(a) M OTOR CARRIER SAFETY GRANTS .—Section \n31104(a) is amended— \n(1) by striking ‘‘and’’ at the end of paragraph \n(7); \n(2) by striking paragraph (8); and (3) by inserting after paragraph (7) the fol-\nlowing: \n‘‘(8) $215,000,000 for fiscal year 2013; and ‘‘(9) $218,000,000 for fiscal year 2014.’’. (b) A\nDMINISTRATIVE EXPENSES .—Section \n31104(i)(1) is amended— \n(1) by striking ‘‘and’’ at the end of subpara-\ngraph (G); and \n(2) by striking subparagraph (H); and (3) by inserting after subparagraph (G) the \nfollowing: \n‘‘(H) $251,000,000 for fiscal year 2013; and ‘‘(I) $259,000,000 for fiscal year 2014.’’. (c) G\nRANT PROGRAMS .—Section 4101(c) of \nSAFETEA-LU (119 Stat. 1715) is amended to read as follows: \n‘‘(c) G\nRANT PROGRAMS .—There are authorized \nto be appropriated from the Highway Trust Fund (other than the Mass Transit Account) the following sums for the following Federal Motor Carrier Safety Administration programs: \n‘‘(1) C\nOMMERCIAL DRIVER ’S LICENSE PROGRAM \nIMPROVEMENT GRANTS .—For commercial driver’s \nlicense program improvement grants under sec-tion 31313 of title 49, United States Code $30,000,000 for each of fiscal years 2013 and 2014. \n‘‘(2) B\nORDER ENFORCEMENT GRANTS .—For bor-\nder enforcement grants under section 31107 of such title $32,000,000 for each of fiscal years 2013 and 2014. \n‘‘(3) P\nERFORMANCE AND REGISTRATION INFOR -\nMATION SYSTEM MANAGEMENT GRANT PRO -\nGRAM .—For the performance and registration \ninformation system management grant program under section 31109 of such title $5,000,000 for each of fiscal years 2013 and 2014. \n‘‘(4) C\nOMMERCIAL VEHICLE INFORMATION SYS -\nTEMS AND NETWORKS DEPLOYMENT .—For car-\nrying out the commercial vehicle information systems and networks deployment program under section 4126 of this Act, $25,000,000 for each of fiscal years 2013 and 2014. \n‘‘(5) S\nAFETY DATA IMPROVEMENT GRANTS .—For \nsafety data improvement grants under section 4128 of this Act, $3,000,000 for each of fiscal years 2013 and 2014.’’. \n(d) H\nIGH-PRIORITY ACTIVITIES .—Section \n31104(k)(2) is amended by striking ‘‘2011 and $11,250,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,’’ and in-serting ‘‘2014’’. \n(e) N\nEW ENTRANT AUDITS .—Section \n31144(g)(5)(B) is amended to read as follows: \n‘‘(B) S ET ASIDE .—The Secretary shall set aside \nfrom amounts made available by section 31104(a) up to $32,000,000 per fiscal year for audits of new entrant motor carriers conducted pursuant to this paragraph.’’. \n(f) O\nUTREACH AND EDUCATION .—Section \n4127(e) of SAFETEA-LU (119 Stat. 1741) is amended to read as follows: \n‘‘(e) F\nUNDING .—From amounts made available \nunder section 31104(i) of title 49, United States Code, the Secretary shall make available $4,000,000 to the Federal Motor Carrier Safety Administration for each of fiscal years 2013 and 2014 to carry out this section (other than sub-section (f)).’’. \n(g) G\nRANT PROGRAM FOR COMMERCIAL MOTOR \nVEHICLE OPERATORS .—Section 4134(c) of \nSAFETEA-LU (49 U.S.C. 31301 note) is amended by striking ‘‘2011 and $750,000 for the period be-\nginning on October 1, 2011, and ending on June 30, 2012,’’ and inserting ‘‘2014’’. \n(h) B\nORDER ENFORCEMENT GRANTS .—Section \n31107 is amended— \n(1) by striking subsection (b); and (2) redesignating subsections (c) and (d) as \nsubsections (b) and (c), respectively. \n(i) A\nDMINISTRATION OF GRANT PROGRAMS .— \nThe Secretary is authorized to identify and im-plement processes to reduce the administrative burden on the States and the Department of Transportation concerning the application and management of the grant programs authorized under chapter 311 and chapter 313 of title 49, United States Code. \nSEC. 32604. GRANTS FOR COMMERCIAL DRIVER’S \nLICENSE PROGRAM IMPLEMENTA-TION. \n(a) G RANTS FOR COMMERCIAL DRIVER ’SLI-\nCENSE PROGRAM IMPLEMENTATION .—Section \n31313(a) is amended to read as follows: \n‘‘(a) C OMMERCIAL DRIVER ’SLICENSE PROGRAM \nIMPROVEMENT GRANTS .— \n‘‘(1) P ROGRAM GOAL .—The Secretary of Trans-\nportation may make a grant to a State in a fis-cal year— \n‘‘(A) to comply with the requirements of sec-\ntion 31311; \n‘‘(B) in the case of a State that is making a \ngood faith effort toward substantial compliance with the requirements of this section and section 31311, to improve its implementation of its com-mercial driver’s license program, including ex-penses— \n‘‘(i) for computer hardware and software; ‘‘(ii) for publications, testing, personnel, \ntraining, and quality control; \n‘‘(iii) for commercial driver’s license program \ncoordinators; \n‘‘(iv) to implement or maintain a system to no-\ntify an employer of an operator of a commercial motor vehicle of the suspension or revocation of the operator’s commercial driver’s license con-sistent with the standards developed under sec-tion 32303(b) of the Commercial Motor Vehicle Safety Enhancement Act of 2012. \n‘‘(2) P\nROHIBITIONS .—A State may not use \ngrant funds under this subsection to rent, lease, or buy land or buildings.’’. \n(b) C\nONFORMING AMENDMENT .— \n(1) The heading for section 31313 is amended \nby striking ‘‘ improvements ’’ and inserting ‘‘ im-\nplementation ’’. \n(2) The analysis of chapter 313 is amended by \nstriking the item relating to section 31313 and inserting the following: \n‘‘31313. Grants for commercial driver’s license \nprogram implementation.’’. \nSEC. 32605. COMMERCIAL VEHICLE INFORMATION \nSYSTEMS AND NETWORKS. \nNot later than 6 months after the date of en-\nactment of this Act, the Secretary shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Com-mittee on Transportation and Infrastructure of the House of Representatives that includes— \n(1) established time frames and milestones for \nresuming the Commercial Vehicle Information Systems and Networks Program; and \n(2) a strategic workforce plan for its grants \nmanagement office to ensure that it has deter-mined the skills and competencies that are crit-ical to achieving its mission goals. \nSubtitle G—Motorcoach Enhanced Safety Act \nof 2012 \nSEC. 32701. SHORT TITLE. \nThis subtitle may be cited as the ‘‘Motorcoach \nEnhanced Safety Act of 2012’’. \nSEC. 32702. DEFINITIONS. \nIn this subtitle: \n(1) A DVANCED GLAZING .—The term ‘‘advanced \nglazing’’ means glazing installed in a portal on the side or the roof of a motorcoach that is de-signed to be highly resistant to partial or com-plete occupant ejection in all types of motor ve-hicle crashes. (2) B\nUS.—The term ‘‘bus’’ has the meaning \ngiven the term in section 571.3(b) of title 49, Code of Federal Regulations (as in effect on the day before the date of enactment of this Act). \n(3) C\nOMMERCIAL MOTOR VEHICLE .—Except as \notherwise specified, the term ‘‘commercial motor vehicle’’ has the meaning given the term in sec-tion 31132(1) of title 49, United States Code. \n(4) D\nIRECT TIRE PRESSURE MONITORING SYS -\nTEM.—The term ‘‘direct tire pressure monitoring \nsystem’’ means a tire pressure monitoring system that is capable of directly detecting when the air pressure level in any tire is significantly under-inflated and providing the driver a low tire pressure warning as to which specific tire is significantly under-inflated. \n(5) M\nOTOR CARRIER .—The term ‘‘motor car-\nrier’’ means— \n(A) a motor carrier (as defined in section \n13102(14) of title 49, United States Code); or \n(B) a motor private carrier (as defined in sec-\ntion 13102(15) of that title). \n(6) M OTORCOACH .—The term ‘‘motorcoach’’ \nhas the meaning given the term ‘‘over-the-road bus’’ in section 3038(a)(3) of the Transportation Equity Act for the 21st Century (49 U.S.C. 5310 note), but does not include— \n(A) a bus used in public transportation pro-\nvided by, or on behalf of, a public transpor-tation agency; or \n(B) a school bus, including a multifunction \nschool activity bus. \n(7) M\nOTORCOACH SERVICES .—The term ‘‘motor-\ncoach services’’ means passenger transportation by motorcoach for compensation. \n(8) M\nULTIFUNCTION SCHOOL ACTIVITY BUS .— \nThe term ‘‘multifunction school activity bus’’ has the meaning given the term in section 571.3(b) of title 49, Code of Federal Regulations (as in effect on the day before the date of enact-ment of this Act). \n(9) P\nORTAL .—The term ‘‘portal’’ means any \nopening on the front, side, rear, or roof of a mo-torcoach that could, in the event of a crash in-volving the motorcoach, permit the partial or complete ejection of any occupant from the mo-torcoach, including a young child. \n(10) P\nROVIDER OF MOTORCOACH SERVICES .— \nThe term ‘‘provider of motorcoach services’’ means a motor carrier that provides passenger transportation services with a motorcoach, in-cluding per-trip compensation and contracted or chartered compensation. \n(11) P\nUBLIC TRANSPORTATION .—The term \n‘‘public transportation’’ has the meaning given the term in section 5302 of title 49, United States Code. \n(12) S\nAFETY BELT .—The term ‘‘safety belt’’ has \nthe meaning given the term in section 153(i)(4)(B) of title 23, United States Code. \n(13) S\nECRETARY .—The term ‘‘Secretary’’ means \nthe Secretary of Transportation. \nSEC. 32703. REGULATIONS FOR IMPROVED OCCU-\nPANT PROTECTION, PASSENGER EVACUATION, AND CRASH AVOID-ANCE. \n(a) R EGULATIONS REQUIRED WITHIN 1 YEAR.— \nNot later than 1 year after the date of enact-ment of this Act, the Secretary shall prescribe regulations requiring safety belts to be installed in motorcoaches at each designated seating posi-tion. \n(b) R\nEGULATIONS REQUIRED WITHIN 2 \nYEARS.—Not later than 2 years after the date of \nenactment of this Act, the Secretary shall pre-scribe regulations that address the following commercial motor vehicle standards, if the Sec-retary determines that such standards meet the requirements and considerations set forth in subsections (a) and (b) of section 30111 of title 49, United States Code: \n(1) R\nOOF STRENGTH AND CRUSH RESISTANCE .— \nThe Secretary shall establish improved roof and roof support standards for motorcoaches that substantially improve the resistance of motor-coach roofs to deformation and intrusion to pre-vent serious occupant injury in rollover crashes involving motorcoaches. \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00377 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4536 June 28, 2012 \n(2) A NTI-EJECTION SAFETY COUNTER -\nMEASURES .—The Secretary shall consider requir-\ning advanced glazing standards for each motor-coach portal and shall consider other portal im-provements to prevent partial and complete ejec-tion of motorcoach passengers, including chil-dren. In prescribing such standards, the Sec-retary shall consider the impact of such stand-ards on the use of motorcoach portals as a means of emergency egress. \n(3) R\nOLLOVER CRASH AVOIDANCE .—The Sec-\nretary shall consider requiring motorcoaches to be equipped with stability enhancing tech-nology, such as electronic stability control and torque vectoring, to reduce the number and fre-quency of rollover crashes among motorcoaches. \n(c) C\nOMMERCIAL MOTOR VEHICLE TIREPRES-\nSURE MONITORING SYSTEMS .—Not later than 3 \nyears after the date of enactment of this Act, the Secretary shall prescribe the following com-mercial vehicle regulation: \n(1) I\nN GENERAL .—The Secretary shall consider \nrequiring motorcoaches to be equipped with di-rect tire pressure monitoring systems that warn the operator of a commercial motor vehicle when any tire exhibits a level of air pressure that is below a specified level of air pressure estab-lished by the Secretary, if the Secretary deter-mines that such standards meet the require-ments and considerations set forth in sub-sections (a) and (b) of section 30111 of title 49, United States Code. \n(2) P\nERFORMANCE REQUIREMENTS .—In any \nstandard adopted under paragraph (1), the Sec-retary shall include performance requirements to meet the objectives identified in paragraph (1) of this subsection. \n(d) T\nIREPERFORMANCE STANDARD .—Not later \nthan 3 years after the date of enactment of this Act, the Secretary shall consider— \n(1) issuing a rule to upgrade performance \nstandards for tires used on motorcoaches, in-cluding an enhanced endurance test and a new high-speed performance test; or \n(2) if the Secretary determines that a standard \ndoes not meet the requirements and consider-ations set forth in subsections (a) and (b) of sec-tion 30111 of title 49, United States Code, submit a report that describes the reasons for not pre-scribing such a standard to— \n(A) the Committee on Commerce, Science, and \nTransportation of the Senate; \n(B) the Committee on Transportation and In-\nfrastructure of the House of Representatives; and \n(C) the Committee on Energy and Commerce of \nthe House of Representatives. \n(e) A\nPPLICATION OF REGULATIONS .— \n(1) N EW MOTORCOACHES .—Any regulation pre-\nscribed in accordance with subsection (a), (b), (c), or (d) shall— \n(A) apply to all motorcoaches manufactured \nmore than 3 years after the date on which the regulation is published as a final rule; \n(B) take into account the impact to seating \ncapacity of changes to size and weight of motorcoaches and the ability to comply with State and Federal size and weight requirements; and \n(C) be based on the best available science. (2) R\nETROFIT ASSESSMENT FOR EXISTING \nMOTORCOACHES .— \n(A) I N GENERAL .—The Secretary may assess \nthe feasibility, benefits, and costs with respect to the application of any requirement estab-lished under subsection (a) or (b)(2) to motorcoaches manufactured before the date on which the requirement applies to new motorcoaches under paragraph (1). \n(B) R\nEPORT .—The Secretary shall submit a re-\nport on the assessment to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure and the Committee on En-ergy and Commerce of the House of Representa-tives not later than 2 years after the date of en-actment of this Act. SEC. 32704. FIRE PREVENTION AND MITIGATION. \n(a) R ESEARCH AND TESTING .—The Secretary \nshall conduct research and testing to determine the most prevalent causes of motorcoach fires and the best methods to prevent such fires and to mitigate the effect of such fires, both inside and outside the motorcoach. Such research and testing shall consider flammability of exterior components, smoke suppression, prevention of and resistance to wheel well fires, automatic fire suppression, passenger evacuation, causation and prevention of motorcoach fires, and im-proved fire extinguishers. \n(b) S\nTANDARDS .—Not later than 3 years after \nthe date of enactment of this Act, the Secretary may issue fire prevention and mitigation stand-ards for motorcoaches, based on the results of the Secretary’s research and testing, taking into account highway size and weight restrictions applicable to motorcoaches, if the Secretary de-termines that such standards meet the require-ments and considerations set forth in sub-sections (a) and (b) of section 30111 of title 49, United States Code. \nSEC. 32705. OCCUPANT PROTECTION, COLLISION \nAVOIDANCE, FIRE CAUSATION, AND FIRE EXTINGUISHER RESEARCH AND TESTING. \n(a) S AFETY RESEARCH INITIATIVES .—Not later \nthan 3 years after the date of enactment of this Act, the Secretary shall complete the following research and testing: \n(1) I\nNTERIOR IMPACT PROTECTION .—The Sec-\nretary shall research and test enhanced occu-pant impact protection technologies for motor-coach interiors to reduce serious injuries for all passengers of motorcoaches. \n(2) C\nOMPARTMENTALIZATION SAFETY COUNTER -\nMEASURES .—The Secretary shall research and \ntest enhanced compartmentalization safety countermeasures for motorcoaches, including enhanced seating designs. \n(3) C\nOLLISION AVOIDANCE SYSTEMS .—The Sec-\nretary shall research and test forward and lat-eral crash warning systems applications for motorcoaches. \n(b) R\nULEMAKING .—Not later than 2 years after \nthe completion of each research and testing ini-tiative required under subsection (a), the Sec-retary shall issue final motor vehicle safety standards if the Secretary determines that such standards meet the requirements and consider-ations set forth in subsections (a) and (b) of sec-tion 30111 of title 49, United States Code. \nSEC. 32706. CONCURRENCE OF RESEARCH AND \nRULEMAKING. \n(a) R EQUIREMENTS .—To the extent feasible, \nthe Secretary shall ensure that research pro-grams are carried out concurrently, and in a manner that concurrently assesses results, po-tential countermeasures, costs, and benefits. \n(b) A\nUTHORITY TO COMBINE RULEMAKINGS .— \nWhen considering each of the rulemaking provi-sions, the Secretary may initiate a single rule-making proceeding encompassing all aspects or may combine the rulemakings as the Secretary deems appropriate. \n(c) C\nONSIDERATIONS .—If the Secretary under-\ntakes separate rulemaking proceedings, the Sec-retary shall— \n(1) consider whether each added aspect of \nrulemaking may contribute to addressing the safety need determined to require rulemaking; \n(2) consider the benefits obtained through the \nsafety belts rulemaking in section 32703(a); and \n(3) avoid duplicative benefits, costs, and coun-\ntermeasures. \nSEC. 32707. IMPROVED OVERSIGHT OF MOTOR-\nCOACH SERVICE PROVIDERS. \n(a) S AFETY REVIEWS .—Section 31144, as \namended by section 32202 of this Act, is amended by adding at the end the following: \n‘‘(i) P\nERIODIC SAFETY REVIEWS OF OWNERS \nANDOPERATORS OF INTERSTATE FOR-HIRE COM-\nMERCIAL MOTOR VEHICLES DESIGNED OR USED \nTOTRANSPORT PASSENGERS .— \n‘‘(1) S AFETY REVIEW .— \n‘‘(A) I N GENERAL .—The Secretary shall— ‘‘(i) determine the safety fitness of each motor \ncarrier of passengers who the Secretary registers under section 13902 or 31134 through a simple and understandable rating system that allows passengers to compare the safety performance of each such motor carrier; and \n‘‘(ii) assign a safety fitness rating to each \nsuch motor carrier. \n‘‘(B) A\nPPLICABILITY .—Subparagraph (A) shall \napply— \n‘‘(i) to any provider of motorcoach services \nregistered with the Administration after the date of enactment of the Motorcoach Enhanced Safe-ty Act of 2012 beginning not later than 2 years after the date of such registration; and \n‘‘(ii) to any provider of motorcoach services \nregistered with the Administration on or before the date of enactment of that Act beginning not later than 3 years after the date of enactment of that Act. \n‘‘(2) P\nERIODIC REVIEW .—The Secretary shall \nestablish, by regulation, a process for moni-toring the safety performance of each motor car-rier of passengers on a regular basis following the assignment of a safety fitness rating, includ-ing progressive intervention to correct unsafe practices. \n‘‘(3) E\nNFORCEMENT STRIKE FORCES .—In addi-\ntion to the enhanced monitoring and enforce-ment actions required under paragraph (2), the Secretary may organize special enforcement strike forces targeting motor carriers of pas-sengers. \n‘‘(4) P\nERIODIC UPDATE OF SAFETY FITNESS RAT -\nING.—In conducting the safety reviews required \nunder this subsection, the Secretary shall— \n‘‘(A) reassess the safety fitness rating of each \nmotor carrier of passengers not less frequently than once every 3 years; and \n‘‘(B) annually assess the safety fitness of cer-\ntain motor carriers of passengers that serve pri-marily urban areas with high passenger loads.’’. \n(b) D\nISCLOSURE OF SAFETY PERFORMANCE \nRATINGS OF MOTORCOACH SERVICES AND OPER-\nATIONS .— \n(1) D EFINITIONS .—In this subsection: \n(A) M OTORCOACH .— \n(i) IN GENERAL .—Except as provided in clause \n(ii), the term ‘‘motorcoach’’ has the meaning given the term ‘‘over-the-road bus’’ in section 3038(a)(3) of the Transportation Equity Act for the 21st Century (49 U.S.C. 5310 note). \n(ii) E\nXCLUSIONS .—The term ‘‘motorcoach’’ \ndoes not include— \n(I) a bus used in public transportation that is \nprovided by a State or local government; or \n(II) a school bus (as defined in section \n30125(a)(1) of title 49, United States Code), in-cluding a multifunction school activity bus. \n(B) M\nOTORCOACH SERVICES AND OPERATIONS .— \nThe term ‘‘motorcoach services and operations’’ means passenger transportation by a motor-coach for compensation. \n(2) R\nEQUIREMENTS FOR THE DISCLOSURE OF \nSAFETY PERFORMANCE RATINGS OF MOTORCOACH \nSERVICES AND OPERATIONS .— \n(A) I N GENERAL .—Not later than 1 year after \nthe date of enactment of this Act, the Secretary shall establish, through notice and opportunity for public to comment, requirements to improve the accessibility to the public of safety rating in-formation of motorcoach services and oper-ations. \n(B) D\nISPLAY .—In establishing the require-\nments under subparagraph (A), the Secretary shall consider requirements for each motor car-rier that owns or leases 1 or more motorcoaches that transport passengers subject to the Sec-retary’s jurisdiction under section 13501 of title 49, United States Code, to prominently display safety fitness information pursuant to section 31144 of title 49, United States Code— \n(i) in each terminal of departure; (ii) in the motorcoach and visible from a posi-\ntion exterior to the vehicle at the point of depar-ture, if the motorcoach does not depart from a terminal; and \n(iii) at all points of sale for such motorcoach \nservices and operations. \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00378 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4537 June 28, 2012 \nSEC. 32708. REPORT ON FEASIBILITY, BENEFITS, \nAND COSTS OF ESTABLISHING A SYS-TEM OF CERTIFICATION OF TRAIN-ING PROGRAMS. \nNot later than 2 years after the date of enact-\nment of this Act, the Secretary of Transpor-tation shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representa-tives that describes the feasibility, benefits, and costs of establishing a system of certification of public and private schools and of motor carriers and motorcoach operators that provide motor-coach driver training. \nSEC. 32709. COMMERCIAL DRIVER’S LICENSE PAS-\nSENGER ENDORSEMENT REQUIRE-MENTS. \n(a) I NGENERAL .—Not later than 2 years after \nthe date of enactment of this Act, the Secretary of Transportation shall review and assess the current knowledge and skill testing require-ments for a commercial driver’s license pas-senger endorsement to determine what improve-ments to the knowledge test, the examination of driving skills, and the application of such re-quirements are necessary to ensure the safe op-eration of commercial motor vehicles designed or used to transport passengers. \n(b) R\nEPORT .—Not later than 120 days after \ncompletion of the review and assessment under subsection (a), the Secretary of Transportation shall submit to the Committee on Transportation and Infrastructure of the House of Representa-tives and the Committee on Commerce, Science, and Transportation of the Senate— \n(1) a report on the review and assessment con-\nducted under subsection (a); \n(2) a plan to implement any changes to the \nknowledge and skills tests; and \n(3) a timeframe by which the Secretary will \nimplement the changes. \nSEC. 32710. SAFETY INSPECTION PROGRAM FOR \nCOMMERCIAL MOTOR VEHICLES OF PASSENGERS. \nNot later than 3 years after the date of enact-\nment of this Act, the Secretary of Transpor-tation shall complete a rulemaking proceeding to consider requiring States to establish a pro-gram for annual inspections of commercial motor vehicles designed or used to transport passengers, including an assessment of— \n(1) the risks associated with improperly main-\ntained or inspected commercial motor vehicles designed or used to transport passengers; \n(2) the effectiveness of existing Federal stand-\nards for the inspection of such vehicles in— \n(A) mitigating the risks described in para-\ngraph (1); and \n(B) ensuring the safe and proper operation \ncondition of such vehicles; and \n(3) the costs and benefits of a mandatory in-\nspection program. \nSEC. 32711. REGULATIONS. \nAny standard or regulation prescribed or \nmodified pursuant to the Motorcoach Enhanced Safety Act of 2012 shall be prescribed or modi-fied in accordance with section 553 of title 5, United States Code. \nSubtitle H—Safe Highways and \nInfrastructure Preservation \nSEC. 32801. COMPREHENSIVE TRUCK SIZE AND \nWEIGHT LIMITS STUDY. \n(a) T RUCK SIZE AND WEIGHT LIMITS STUDY .— \nNot later than 45 days after the date of enact-ment of this Act, the Secretary, in consultation with each relevant State and other applicable Federal agencies, shall commence a comprehen-sive truck size and weight limits study. The study shall— \n(1) provide data on accident frequency and \nevaluate factors related to accident risk of vehi-cles that operate with size and weight limits that are in excess of the Federal law and regu-lations in each State that allows vehicles to op-erate with size and weight limits that are in ex-cess of the Federal law and regulations, or to operate under a Federal exemption or grand-\nfather right, in comparison to vehicles that do not operate in excess of Federal law and regula-tions (other than vehicles with exemptions or grandfather rights); \n(2) evaluate the impacts to the infrastructure \nin each State that allows a vehicle to operate with size and weight limits that are in excess of the Federal law and regulations, or to operate under a Federal exemption or grandfather right, in comparison to vehicles that do not operate in excess of Federal law and regulations (other than vehicles with exemptions or grandfather rights), including— \n(A) the cost and benefits of the impacts in dol-\nlars; \n(B) the percentage of trucks operating in ex-\ncess of the Federal size and weight limits; and \n(C) the ability of each State to recover the cost \nfor the impacts, or the benefits incurred; \n(3) evaluate the frequency of violations in ex-\ncess of the Federal size and weight law and reg-ulations, the cost of the enforcement of the law and regulations, and the effectiveness of the en-forcement methods; \n(4) assess the impacts that vehicles that oper-\nate with size and weight limits in excess of the Federal law and regulations, or that operate under a Federal exemption or grandfather right, in comparison to vehicles that do not operate in excess of Federal law and regulations (other than vehicles with exemptions or grandfather rights), have on bridges, including the impacts resulting from the number of bridge loadings; \n(5) compare and contrast the potential safety \nand infrastructure impacts of the current Fed-eral law and regulations regarding truck size and weight limits in relation to— \n(A) six-axle and other alternative configura-\ntions of tractor-trailers; and \n(B) where available, safety records of foreign \nnations with truck size and weight limits and tractor-trailer configurations that differ from the Federal law and regulations; and \n(6) estimate— (A) the extent to which freight would likely be \ndiverted from other surface transportation modes to principal arterial routes and National Highway System intermodal connectors if alter-native truck configuration is allowed to operate and the effect that any such diversion would have on other modes of transportation; \n(B) the effect that any such diversion would \nhave on public safety, infrastructure, cost re-sponsibilities, fuel efficiency, freight transpor-tation costs, and the environment; \n(C) the effect on the transportation network \nof the United States that allowing alternative truck configuration to operate would have; and \n(D) whether allowing alternative truck con-\nfiguration to operate would result in an increase or decrease in the total number of trucks oper-ating on principal arterial routes and National Highway System intermodal connectors; and \n(7) identify all Federal rules and regulations \nimpacted by changes in truck size and weight limits. \n(b) R\nEPORT .—Not later than 2 years after the \ndate that the study is commenced under sub-section (a), the Secretary shall submit a final re-port on the study, including all findings and recommendations, to the Committee on Com-merce, Science, and Transportation and the Committee on Environment and Public Works of the Senate and the Committee on Transpor-tation and Infrastructure of the House of Rep-resentatives. \nSEC. 32802. COMPILATION OF EXISTING STATE \nTRUCK SIZE AND WEIGHT LIMIT LAWS. \n(a) I NGENERAL .—Not later than 90 days after \nthe date of enactment of this Act, the Secretary, in consultation with the States, shall begin to compile— \n(1) a list for each State, as applicable, that de-\nscribes each route of the National Highway Sys-tem that allows a vehicle to operate in excess of the Federal truck size and weight limits that— (A) was authorized under State law on or be-\nfore the date of enactment of this Act; and \n(B) was in actual and lawful operation on a \nregular or periodic basis (including seasonal op-erations) on or before the date of enactment of this Act; \n(2) a list for each State, as applicable, that de-\nscribes— \n(A) the size and weight limitations applicable \nto each segment of the National Highway Sys-tem in that State as listed under paragraph (1); \n(B) each combination that exceeds the Inter-\nstate weight limit, but that the Department of Transportation, other Federal agency, or a State agency has determined on or before the date of enactment of this Act, could be or could have been lawfully operated in the State; and \n(C) each combination that exceeds the Inter-\nstate weight limit, but that the Secretary deter-mines could have been lawfully operated on a non-Interstate segment of the National Highway System in the State on or before the date of en-actment of this Act; and \n(3) a list of each State law that designates or \nallows designation of size and weight limitations in excess of Federal law and regulations on routes of the National Highway System, includ-ing nondivisible loads. \n(b) S\nPECIFICATIONS .—The Secretary, in con-\nsultation with the States, shall specify whether the determinations under paragraphs (1) and (2) of subsection (a) were made by the Department of Transportation, other Federal agency, or a State agency. \n(c) R\nEPORT .—Not later than 2 years after the \ndate of enactment of this Act, the Secretary shall submit a final report of the compilation under subsection (a) to the Committee on Com-merce, Science, and Transportation and the Committee on Environment and Public Works of the Senate and the Committee on Transpor-tation and Infrastructure of the House of Rep-resentatives. \nSubtitle I—Miscellaneous \nPART I—MISCELLANEOUS \nSEC. 32911. PROHIBITION OF COERCION. \nSection 31136(a) is amended by— \n(1) striking ‘‘and’’ at the end of paragraph \n(3); \n(2) striking the period at the end of paragraph \n(4) and inserting ‘‘; and’’; and \n(3) adding after subsection (4) the following: ‘‘(5) an operator of a commercial motor vehicle \nis not coerced by a motor carrier, shipper, re-ceiver, or transportation intermediary to operate a commercial motor vehicle in violation of a reg-ulation promulgated under this section, or chap-ter 51 or chapter 313 of this title.’’. \nSEC. 32912. MOTOR CARRIER SAFETY ADVISORY \nCOMMITTEE. \nSection 4144(d) of the Safe, Accountable, \nFlexible, Efficient Transportation Equity Act: A Legacy for Users (49 U.S.C. 31100 note), is amended by striking ‘‘June 30, 2012’’ and insert-ing ‘‘September 30, 2013’’. \nSEC. 32913. WAIVERS, EXEMPTIONS, AND PILOT \nPROGRAMS. \n(a) E XEMPTION STANDARDS .—Section \n31315(b)(4) is amended— \n(1) in subparagraph (A), by inserting ‘‘(or, in \nthe case of a request for an exemption from the physical qualification standards for commercial motor vehicle drivers, post on a web site estab-lished by the Secretary to implement the require-ments of section 31149)’’ after ‘‘Federal Reg-ister’’; \n(2) by amending subparagraph (B) to read as \nfollows: \n‘‘(B) U\nPON GRANTING A REQUEST .—Upon \ngranting a request and before the effective date of the exemption, the Secretary shall publish in the Federal Register (or, in the case of an ex-emption from the physical qualification stand-ards for commercial motor vehicle drivers, post on a web site established by the Secretary to im-plement the requirements of section 31149) the name of the person granted the exemption, the \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00379 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4538 June 28, 2012 \nprovisions from which the person is exempt, the \neffective period, and the terms and conditions of the exemption.’’; and \n(3) in subparagraph (C), by inserting ‘‘(or, in \nthe case of a request for an exemption from the physical qualification standards for commercial motor vehicle drivers, post on a web site estab-lished by the Secretary to implement the require-ments of section 31149)’’ after ‘‘Federal Reg-ister’’. \n(b) P\nROVIDING NOTICE OF EXEMPTIONS TO \nSTATE PERSONNEL .—Section 31315(b)(7) is \namended to read as follows: \n‘‘(7) N OTIFICATION OF STATE COMPLIANCE AND \nENFORCEMENT PERSONNEL .—Before the effective \ndate of an exemption, the Secretary shall notify a State safety compliance and enforcement agency, and require the agency to notify the State’s roadside inspectors, that a person will be operating pursuant to an exemption and the terms and conditions that apply to the exemp-tion.’’. \n(c) P\nILOT PROGRAMS .—Section 31315(c)(1) is \namended by striking ‘‘in the Federal Register’’. \n(d) R EPORT TO CONGRESS .—Section 31315 is \namended by adding after subsection (d) the fol-lowing: \n‘‘(e) R\nEPORT TO CONGRESS .—The Secretary \nshall submit an annual report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transpor-tation and Infrastructure of the House of Rep-resentatives listing the waivers, exemptions, and pilot programs granted under this section, and any impacts on safety. \n‘‘(f) W\nEBSITE.—The Secretary shall ensure \nthat the Federal Motor Carrier Safety Adminis-tration web site includes a link to the web site established by the Secretary to implement the re-quirements under sections 31149 and 31315. The link shall be in a clear and conspicuous location on the home page of the Federal Motor Carrier Safety Administration web site and be easily ac-cessible to the public.’’. \nSEC. 32914. REGISTRATION REQUIREMENTS. \n(a) R EQUIREMENTS FOR REGISTRATION .—Sec-\ntion 13901 is amended to read as follows: \n‘‘§ 13901. Requirements for registration \n‘‘(a) I NGENERAL .—A person may provide \ntransportation as a motor carrier subject to ju-risdiction under subchapter I of chapter 135 or service as a freight forwarder subject to jurisdic-tion under subchapter III of such chapter, or service as a broker for transportation subject to jurisdiction under subchapter I of such chapter only if the person is registered under this chap-ter to provide such transportation or service. \n‘‘(b) R\nEGISTRATION NUMBERS .— \n‘‘(1) I N GENERAL .—If the Secretary registers a \nperson under this chapter to provide transpor-tation or service, including as a motor carrier, freight forwarder, or broker, the Secretary shall issue a distinctive registration number to the person for each such authority to provide trans-portation or service for which the person is reg-istered. \n‘‘(2) T\nRANSPORTATION OR SERVICE TYPE INDI -\nCATOR .—A number issued under paragraph (1) \nshall include an indicator of the type of trans-portation or service for which the registration number is issued, including whether the reg-istration number is issued for registration of a motor carrier, freight forwarder, or broker. \n‘‘(c) S\nPECIFICATION OF AUTHORITY .—For each \nagreement to provide transportation or service for which registration is required under this chapter, the registrant shall specify, in writing, the authority under which the person is pro-viding such transportation or service.’’. \n(b) A\nVAILABILITY OF INFORMATION .— \n(1) I N GENERAL .—Chapter 139 is amended by \nadding at the end the following: \n‘‘§ 13909. Availability of information \n‘‘The Secretary shall make information relat-\ning to registration and financial security re-quired by this chapter publicly available on the Internet, including–– ‘‘(1) the names and business addresses of the \nprincipals of each entity holding such registra-tion; \n‘‘(2) the status of such registration; and ‘‘(3) the electronic address of the entity’s sur-\nety provider for the submission of claims.’’. \n(2) C\nONFORMING AMENDMENT .—The analysis \nfor chapter 139 is amended by adding at the end the following: \n‘‘13909. Availability of information.’’. \nSEC. 32915. ADDITIONAL MOTOR CARRIER REG-\nISTRATION REQUIREMENTS. \nSection 13902, as amended by sections 32101 \nand 32107(a) of this Act, is amended–– \n(1) in subsection (a)— (A) in paragraph (1), by inserting ‘‘using self- \npropelled vehicles the motor carrier owns, rents, or leases’’ after ‘‘motor carrier’’; and \n(B) by adding at the end the following: ‘‘(6) S\nEPARATE REGISTRATION REQUIRED .—A \nmotor carrier may not broker transportation services unless the motor carrier has registered as a broker under this chapter.’’; and \n(2) by inserting after subsection (h) the fol-\nlowing: \n‘‘(i) R\nEGISTRATION AS FREIGHT FORWARDER OR \nBROKER REQUIRED .—A motor carrier registered \nunder this chapter–– \n‘‘(1) may only provide transportation of prop-\nerty with— \n‘‘(A) self-propelled motor vehicles owned or \nleased by the motor carrier; or \n‘‘(B) interchanges under regulations issued by \nthe Secretary if the originating carrier— \n‘‘(i) physically transports the cargo at some \npoint; and \n‘‘(ii) retains liability for the cargo and for \npayment of interchanged carriers; and \n‘‘(2) may not arrange transportation described \nin paragraph (1) unless the motor carrier has obtained a separate registration as a freight for-warder or broker for transportation under sec-tion 13903 or 13904, as applicable.’’. \nSEC. 32916. REGISTRATION OF FREIGHT FOR-\nWARDERS AND BROKERS. \n(a) R EGISTRATION OF FREIGHT FORWARDERS .— \nSection 13903, as amended by section 32107(b) of this Act, is amended— \n(1) in subsection (a)— (A) by striking ‘‘finds that the person is fit’’ \nand inserting the following: ‘‘determines that the person–– \n‘‘(1) has sufficient experience to qualify the \nperson to act as a freight forwarder; and \n‘‘(2) is fit’’; and (B) by striking ‘‘and the Board’’; (2) by redesignating subsections (b) and (c) as \nsubsections (d) and (e), respectively; \n(3) by inserting after subsection (a) the fol-\nlowing: \n‘‘(b) D\nURATION .—A registration issued under \nsubsection (a) shall only remain in effect while the freight forwarder is in compliance with sec-tion 13906(c). \n‘‘(c) E\nXPERIENCE OR TRAINING REQUIRE -\nMENT .—Each freight forwarder shall employ, as \nan officer, an individual who–– \n‘‘(1) has at least 3 years of relevant experi-\nence; or \n‘‘(2) provides the Secretary with satisfactory \nevidence of the individual’s knowledge of re-lated rules, regulations, and industry prac-tices.’’; and \n(4) by amending subsection (d), as redesig-\nnated, to read as follows: \n‘‘(d) R\nEGISTRATION AS MOTOR CARRIER RE-\nQUIRED .— \n‘‘(1) I N GENERAL .—A freight forwarder may \nnot provide transportation as a motor carrier unless the freight forwarder has registered sepa-rately under this chapter to provide transpor-tation as a motor carrier.’’. \n(b) R\nEGISTRATION OF BROKERS .—Section 13904, \nas amended by section 32107(c) of this Act, is amended— \n(1) in subsection (a), by striking ‘‘finds that \nthe person is fit’’ and inserting the following: ‘‘determines that the person–– ‘‘(1) has sufficient experience to qualify the \nperson to act as a broker for transportation; and \n‘‘(2) is fit’’; (2) by redesignating subsections (b), (c), (d), \nand (e) as subsections (d), (e), (f), and (g) re-spectively; \n(3) by inserting after subsection (a) the fol-\nlowing: \n‘‘(b) D\nURATION .—A registration issued under \nsubsection (a) shall only remain in effect while the broker for transportation is in compliance with section 13906(b). \n‘‘(c) E\nXPERIENCE OR TRAINING REQUIRE -\nMENTS .—Each broker shall employ, as an offi-\ncer, an individual who–– \n‘‘(1) has at least 3 years of relevant experi-\nence; or \n‘‘(2) provides the Secretary with satisfactory \nevidence of the individual’s knowledge of re-lated rules, regulations, and industry prac-tices.’’; \n(4) by amending subsection (d), as redesig-\nnated, to read as follows: \n‘‘(d) R\nEGISTRATION AS MOTOR CARRIER RE-\nQUIRED .— \n‘‘(1) I N GENERAL .—A broker for transportation \nmay not provide transportation as a motor car-rier unless the broker has registered separately under this chapter to provide transportation as a motor carrier. \n‘‘(2) L\nIMITATION .—This subsection does not \napply to a motor carrier registered under this chapter or to an employee or agent of the motor carrier to the extent the transportation is to be provided entirely by the motor carrier, with other registered motor carriers, or with rail or water carriers.’’; and \n(5) by amending subsection (e), as redesig-\nnated, to read as follows: \n‘‘(e) R\nEGULATION TO PROTECT MOTOR CAR-\nRIERS AND SHIPPERS .—Regulations of the Sec-\nretary applicable to brokers registered under this section shall provide for the protection of motor carriers and shippers by motor vehicle.’’. \nSEC. 32917. EFFECTIVE PERIODS OF REGISTRA-\nTION. \nSection 13905(c) is amended to read as follows: \n‘‘(c) E FFECTIVE PERIOD .— \n‘‘(1) I N GENERAL .—Except as otherwise pro-\nvided in this part, each registration issued under section 13902, 13903, or 13904— \n‘‘(A) shall be effective beginning on the date \nspecified by the Secretary; and \n‘‘(B) shall remain in effect for such period as \nthe Secretary determines appropriate by regula-tion. \n‘‘(2) R\nEISSUANCE OF REGISTRATION .— \n‘‘(A) R EQUIREMENT .—Not later than 4 years \nafter the date of enactment of the Commercial Motor Vehicle Safety Enhancement Act of 2012, the Secretary shall require a freight forwarder or broker to renew its registration issued under this chapter. \n‘‘(B) E\nFFECTIVE PERIOD .—Each registration \nrenewal under subparagraph (A)— \n‘‘(i) shall expire not later than 5 years after \nthe date of such renewal; and \n‘‘(ii) may be further renewed as provided \nunder this chapter.’’. \nSEC. 32918. FINANCIAL SECURITY OF BROKERS \nAND FREIGHT FORWARDERS. \n(a) I NGENERAL .—Section 13906 is amended by \nstriking subsections (b) and (c) and inserting the following: \n‘‘(b) B\nROKER FINANCIAL SECURITY REQUIRE -\nMENTS .— \n‘‘(1) R EQUIREMENTS .— \n‘‘(A) I N GENERAL .—The Secretary may register \na person as a broker under section 13904 only if the person files with the Secretary a surety bond, proof of trust fund, or other financial se-curity, or a combination thereof, in a form and amount, and from a provider, determined by the Secretary to be adequate to ensure financial re-sponsibility. \n‘‘(B) U\nSE OF A GROUP SURETY BOND , TRUST \nFUND , OR OTHER SURETY .—In implementing the \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00380 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4539 June 28, 2012 \nstandards established by subparagraph (A), the \nSecretary may authorize the use of a group sur-ety bond, trust fund, or other financial security, or a combination thereof, that meets the require-ments of this subsection. \n‘‘(C) P\nROOF OF TRUST OR OTHER FINANCIAL SE -\nCURITY .—For purposes of subparagraph (A), a \ntrust fund or other financial security may be ac-ceptable to the Secretary only if the trust fund or other financial security consists of assets readily available to pay claims without resort to personal guarantees or collection of pledged ac-counts receivable. \n‘‘(2) S\nCOPE OF FINANCIAL RESPONSIBILITY .— \n‘‘(A) P AYMENT OF CLAIMS .—A surety bond, \ntrust fund, or other financial security obtained under paragraph (1) shall be available to pay any claim against a broker arising from its fail-ure to pay freight charges under its contracts, agreements, or arrangements for transportation subject to jurisdiction under chapter 135 if–– \n‘‘(i) subject to the review by the surety pro-\nvider, the broker consents to the payment; \n‘‘(ii) in any case in which the broker does not \nrespond to adequate notice to address the valid-ity of the claim, the surety provider determines that the claim is valid; or \n‘‘(iii) the claim is not resolved within a rea-\nsonable period of time following a reasonable at-tempt by the claimant to resolve the claim under clauses (i) and (ii), and the claim is reduced to a judgment against the broker. \n‘‘(B) R\nESPONSE OF SURETY PROVIDERS TO \nCLAIMS .—If a surety provider receives notice of \na claim described in subparagraph (A), the sur-ety provider shall–– \n‘‘(i) respond to the claim on or before the 30th \nday following the date on which the notice was received; and \n‘‘(ii) in the case of a denial, set forth in writ-\ning for the claimant the grounds for the denial. \n‘‘(C) C\nOSTS AND ATTORNEY ’S FEES .—In any ac-\ntion against a surety provider to recover on a claim described in subparagraph (A), the pre-vailing party shall be entitled to recover its rea-sonable costs and attorney’s fees. \n‘‘(3) M\nINIMUM FINANCIAL SECURITY .—Each \nbroker subject to the requirements of this section shall provide financial security of $75,000 for purposes of this subsection, regardless of the number of branch offices or sales agents of the broker. \n‘‘(4) C\nANCELLATION NOTICE .—If a financial se-\ncurity required under this subsection is can-celed–– \n‘‘(A) the holder of the financial security shall \nprovide electronic notification to the Secretary of the cancellation not later than 30 days before the effective date of the cancellation; and \n‘‘(B) the Secretary shall immediately post \nsuch notification on the public Internet Website of the Department of Transportation. \n‘‘(5) S\nUSPENSION .—The Secretary shall imme-\ndiately suspend the registration of a broker issued under this chapter if the available finan-cial security of that person falls below the amount required under this subsection. \n‘‘(6) P\nAYMENT OF CLAIMS IN CASES OF FINAN -\nCIAL FAILURE OR INSOLVENCY .—If a broker reg-\nistered under this chapter experiences financial failure or insolvency, the surety provider of the broker shall–– \n‘‘(A) submit a notice to cancel the financial \nsecurity to the Administrator in accordance with paragraph (4); \n‘‘(B) publicly advertise for claims for 60 days \nbeginning on the date of publication by the Sec-retary of the notice to cancel the financial secu-rity; and \n‘‘(C) pay, not later than 30 days after the ex-\npiration of the 60-day period for submission of claims–– \n‘‘(i) all uncontested claims received during \nsuch period; or \n‘‘(ii) a pro rata share of such claims if the \ntotal amount of such claims exceeds the finan-cial security available. \n‘‘(7) P\nENALTIES .— ‘‘(A) C IVIL ACTIONS .—Either the Secretary or \nthe Attorney General of the United States may bring a civil action in an appropriate district court of the United States to enforce the require-ments of this subsection or a regulation pre-scribed or order issued under this subsection. The court may award appropriate relief, includ-ing injunctive relief. \n‘‘(B) C\nIVIL PENALTIES .—If the Secretary deter-\nmines, after notice and opportunity for a hear-ing, that a surety provider of a broker registered under this chapter has violated the requirements of this subsection or a regulation prescribed under this subsection, the surety provider shall be liable to the United States for a civil penalty in an amount not to exceed $10,000. \n‘‘(C) E\nLIGIBILITY .—If the Secretary deter-\nmines, after notice and opportunity for a hear-ing, that a surety provider of a broker registered under this chapter has violated the requirements of this subsection or a regulation prescribed under this subsection, the surety provider shall be ineligible to provider broker financial secu-rity for 3 years. \n‘‘(8) D\nEDUCTION OF COSTS PROHIBITED .—The \namount of the financial security required under this subsection may not be reduced by deducting attorney’s fees or administrative costs. \n‘‘(c) F\nREIGHT FORWARDER FINANCIAL SECU-\nRITY REQUIREMENTS .— \n‘‘(1) R EQUIREMENTS .— \n‘‘(A) I N GENERAL .—The Secretary may register \na person as a freight forwarder under section 13903 only if the person files with the Secretary a surety bond, proof of trust fund, other finan-cial security, or a combination of such instru-ments, in a form and amount, and from a pro-vider, determined by the Secretary to be ade-quate to ensure financial responsibility. \n‘‘(B) U\nSE OF A GROUP SURETY BOND , TRUST \nFUND , OR OTHER FINANCIAL SECURITY .—In imple-\nmenting the standards established under sub-paragraph (A), the Secretary may authorize the use of a group surety bond, trust fund, other fi-nancial security, or a combination of such in-struments, that meets the requirements of this subsection. \n‘‘(C) S\nURETY BONDS .—A surety bond obtained \nunder this section may only be obtained from a bonding company that has been approved by the Secretary of the Treasury. \n‘‘(D) P\nROOF OF TRUST OR OTHER FINANCIAL SE -\nCURITY .—For purposes of subparagraph (A), a \ntrust fund or other financial security may not be accepted by the Secretary unless the trust fund or other financial security consists of as-sets readily available to pay claims without re-sort to personal guarantees or collection of pledged accounts receivable. \n‘‘(2) S\nCOPE OF FINANCIAL RESPONSIBILITY .— \n‘‘(A) P AYMENT OF CLAIMS .—A surety bond, \ntrust fund, or other financial security obtained under paragraph (1) shall be available to pay any claim against a freight forwarder arising from its failure to pay freight charges under its contracts, agreements, or arrangements for transportation subject to jurisdiction under chapter 135 if–– \n‘‘(i) subject to the review by the surety pro-\nvider, the freight forwarder consents to the pay-ment; \n‘‘(ii) in the case the freight forwarder does not \nrespond to adequate notice to address the valid-ity of the claim, the surety provider determines the claim is valid; or \n‘‘(iii) the claim— ‘‘(I) is not resolved within a reasonable period \nof time following a reasonable attempt by the claimant to resolve the claim under clauses (i) and (ii); and \n‘‘(II) is reduced to a judgment against the \nfreight forwarder. \n‘‘(B) R\nESPONSE OF SURETY PROVIDERS TO \nCLAIMS .—If a surety provider receives notice of \na claim described in subparagraph (A), the sur-ety provider shall–– \n‘‘(i) respond to the claim on or before the 30th \nday following receipt of the notice; and ‘‘(ii) in the case of a denial, set forth in writ-\ning for the claimant the grounds for the denial. \n‘‘(C) C\nOSTS AND ATTORNEY ’S FEES .—In any ac-\ntion against a surety provider to recover on a claim described in subparagraph (A), the pre-vailing party shall be entitled to recover its rea-sonable costs and attorney’s fees. \n‘‘(3) F\nREIGHT FORWARDER INSURANCE .— \n‘‘(A) I N GENERAL .—The Secretary may register \na person as a freight forwarder under section 13903 only if the person files with the Secretary a surety bond, insurance policy, or other type of financial security that meets standards pre-scribed by the Secretary. \n‘‘(B) L\nIABILITY INSURANCE .—A financial secu-\nrity filed by a freight forwarder under subpara-graph (A) shall be sufficient to pay an amount, not to exceed the amount of the financial secu-rity, for each final judgment against the freight forwarder for bodily injury to, or death of, an individual, or loss of, or damage to, property (other than property referred to in subpara-graph (C)), resulting from the negligent oper-ation, maintenance, or use of motor vehicles by, or under the direction and control of, the freight forwarder while providing transfer, collection, or delivery service under this part. \n‘‘(C) C\nARGO INSURANCE .—The Secretary may \nrequire a registered freight forwarder to file with the Secretary a surety bond, insurance pol-icy, or other type of financial security approved by the Secretary, that will pay an amount, not to exceed the amount of the financial security, for loss of, or damage to, property for which the freight forwarder provides service. \n‘‘(4) M\nINIMUM FINANCIAL SECURITY .—Each \nfreight forwarder subject to the requirements of this section shall provide financial security of $75,000, regardless of the number of branch of-fices or sales agents of the freight forwarder. \n‘‘(5) C\nANCELLATION NOTICE .—If a financial se-\ncurity required under this subsection is can-celed–– \n‘‘(A) the holder of the financial security shall \nprovide electronic notification to the Secretary of the cancellation not later than 30 days before the effective date of the cancellation; and \n‘‘(B) the Secretary shall immediately post \nsuch notification on the public Internet web site of the Department of Transportation. \n‘‘(6) S\nUSPENSION .—The Secretary shall imme-\ndiately suspend the registration of a freight for-warder issued under this chapter if its available financial security falls below the amount re-quired under this subsection. \n‘‘(7) P\nAYMENT OF CLAIMS IN CASES OF FINAN -\nCIAL FAILURE OR INSOLVENCY .—If a freight for-\nwarder registered under this chapter experiences financial failure or insolvency, the surety pro-vider of the freight forwarder shall–– \n‘‘(A) submit a notice to cancel the financial \nsecurity to the Administrator in accordance with paragraph (5); \n‘‘(B) publicly advertise for claims for 60 days \nbeginning on the date of publication by the Sec-retary of the notice to cancel the financial secu-rity; and \n‘‘(C) pay, not later than 30 days after the ex-\npiration of the 60-day period for submission of claims–– \n‘‘(i) all uncontested claims received during \nsuch period; or \n‘‘(ii) a pro rata share of such claims if the \ntotal amount of such claims exceeds the finan-cial security available. \n‘‘(8) P\nENALTIES .— \n‘‘(A) C IVIL ACTIONS .—Either the Secretary or \nthe Attorney General may bring a civil action in an appropriate district court of the United States to enforce the requirements of this sub-section or a regulation prescribed or order issued under this subsection. The court may award ap-propriate relief, including injunctive relief. \n‘‘(B) C\nIVIL PENALTIES .—If the Secretary deter-\nmines, after notice and opportunity for a hear-ing, that a surety provider of a freight for-warder registered under this chapter has vio-lated the requirements of this subsection or a \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00381 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4540 June 28, 2012 \nregulation prescribed under this subsection, the \nsurety provider shall be liable to the United States for a civil penalty in an amount not to exceed $10,000. \n‘‘(C) E\nLIGIBILITY .—If the Secretary deter-\nmines, after notice and opportunity for a hear-ing, that a surety provider of a freight for-warder registered under this chapter has vio-lated the requirements of this subsection or a regulation prescribed under this subsection, the surety provider shall be ineligible to provide freight forwarder financial security for 3 years \n‘‘(9) D\nEDUCTION OF COSTS PROHIBITED .—The \namount of the financial security required under this subsection may not be reduced by deducting attorney’s fees or administrative costs.’’. \n(b) R\nULEMAKING .—Not later than 1 year after \nthe date of enactment of this Act, the Secretary shall issue regulations to implement and enforce the requirements under subsections (b) and (c) of section 13906 of title 49, United States Code, as amended by subsection (a). \n(c) E\nFFECTIVE DATE.—The amendments made \nby subsection (a) shall take effect on the date that is 1 year after the date of enactment of this Act. \nSEC. 32919. UNLAWFUL BROKERAGE ACTIVITIES. \n(a) I NGENERAL .—Chapter 149 is amended by \nadding at the end the following: \n‘‘SEC. 14916. UNLAWFUL BROKERAGE ACTIVITIES. \n‘‘(a) P ROHIBITED ACTIVITIES .—A person may \nprovide interstate brokerage services as a broker only if that person–– \n‘‘(1) is registered under, and in compliance \nwith, section 13904; and \n‘‘(2) has satisfied the financial security re-\nquirements under section 13906. \n‘‘(b) E\nXCEPTIONS .—Subsection (a) shall not \napply to— \n‘‘(1) a non-vessel-operating common carrier \n(as defined in section 40102 of title 46) or an ocean freight forwarder (as defined in section 40102 of title 46) when arranging for inland transportation as part of an international through movement involving ocean transpor-tation between the United States and a foreign port; \n‘‘(2) a customs broker licensed in accordance \nwith section 111.2 of title 19, Code of Federal Regulations, only to the extent that the customs broker is engaging in a movement under a cus-toms bond or in a transaction involving customs business, as defined by section 111.1 of title 19, Code of Federal Regulations; or \n‘‘(3) an indirect air carrier holding a Standard \nSecurity Program approved by the Transpor-tation Security Administration, only to the ex-tent that the indirect air carrier is engaging in the activities as an air carrier as defined in sec-tion 40102(2) or in the activities defined in sec-tion 40102(3). \n‘‘(c) C\nIVILPENALTIES AND PRIVATE CAUSE OF \nACTION .—Any person who knowingly author-\nizes, consents to, or permits, directly or indi-rectly, either alone or in conjunction with any other person, a violation of subsection (a) is lia-ble— \n‘‘(1) to the United States Government for a \ncivil penalty in an amount not to exceed $10,000 for each violation; and \n‘‘(2) to the injured party for all valid claims \nincurred without regard to amount. \n‘‘(d) L\nIABLE PARTIES .—The liability for civil \npenalties and for claims under this section for unauthorized brokering shall apply, jointly and severally— \n‘‘(1) to any corporate entity or partnership in-\nvolved; and \n‘‘(2) to the individual officers, directors, and \nprincipals of such entities.’’. \n(b) C\nLERICAL AMENDMENT .—The analysis for \nchapter 149 is amended by adding at the end the following: \n‘‘14916. Unlawful brokerage activities.’’. PART II—HOUSEHOLD GOODS \nTRANSPORTATION \nSEC. 32921. ADDITIONAL REGISTRATION RE-\nQUIREMENTS FOR HOUSEHOLD GOODS MOTOR CARRIERS. \n(a) Section 13902(a)(2) is amended— \n(1) in subparagraph (B), by striking ‘‘section \n13702(c);’’ and inserting ‘‘section 13702(c); and’’; \n(2) by amending subparagraph (C) to read as \nfollows: \n‘‘(C) demonstrates, before being registered, \nthrough successful completion of a proficiency examination established by the Secretary, knowledge and intent to comply with applicable Federal laws relating to consumer protection, estimating, consumers’ rights and responsibil-ities, and options for limitations of liability for loss and damage.’’; and \n(3) by striking subparagraph (D). (b) C\nOMPLIANCE REVIEWS OF NEWHOUSEHOLD \nGOODS MOTOR CARRIERS .—Section 31144(g), as \namended by section 32102 of this Act, is amended by adding at the end the following: \n‘‘(6) A\nDDITIONAL REQUIREMENTS FOR HOUSE -\nHOLD GOODS MOTOR CARRIERS .—(A) In addition \nto the requirements of this subsection, the Sec-retary shall require, by regulation, each reg-istered household goods motor carrier to under-go a consumer protection standards review not later than 18 months after the household goods motor carrier begins operations under such au-thority. \n‘‘(B) E\nLEMENTS .—In the regulations issued \npursuant to subparagraph (A), the Secretary shall establish the elements of the consumer pro-tections standards review, including basic man-agement controls. In establishing the elements, the Secretary shall consider the effects on small businesses and shall consider establishing alter-nate locations where such reviews may be con-ducted for the convenience of small busi-nesses.’’. \n(c) E\nFFECTIVE DATE.—The amendments made \nby this section shall take effect 2 years after the date of enactment of this Act. \nSEC. 32922. FAILURE TO GIVE UP POSSESSION OF \nHOUSEHOLD GOODS. \n(a) I NJUNCTIVE RELIEF .—Section 14704(a)(1) is \namended by striking ‘‘and 14103’’ and inserting ‘‘, 14103, and 14915(c)’’. \n(b) C\nIVIL PENALTIES .—Section 14915(a)(1) is \namended by adding at the end the following: \n‘‘The United States may assign all or a por-\ntion of the civil penalty to an aggrieved shipper. The Secretary of Transportation shall establish criteria upon which such assignments shall be made. The Secretary may order, after notice and an opportunity for a proceeding, that a person found holding a household goods shipment hos-tage return the goods to an aggrieved shipper.’’. \nSEC. 32923. SETTLEMENT AUTHORITY. \n(a) S ETTLEMENT OF GENERAL CIVIL PEN-\nALTIES .—Section 14901 is amended by adding at \nthe end the following: \n‘‘(h) S ETTLEMENT OF HOUSEHOLD GOODS CIVIL \nPENALTIES .—Nothing in this section shall be \nconstrued to prohibit the Secretary from accept-ing partial payment of a civil penalty as part of a settlement agreement in the public interest, or from holding imposition of any part of a civil penalty in abeyance.’’. \n(b) S\nETTLEMENT OF HOUSEHOLD GOODS CIVIL \nPENALTIES .—Section 14915(a) is amended by \nadding at the end the following: \n‘‘(4) S ETTLEMENT AUTHORITY .—Nothing in this \nsection shall be construed as prohibiting the Secretary from accepting partial payment of a civil penalty as part of a settlement agreement in the public interest, or from holding imposition of any part of a civil penalty in abeyance.’’. \nPART III—TECHNICAL AMENDMENTS \nSEC. 32931. UPDATE OF OBSOLETE TEXT. \n(a) Section 31137(g), as redesignated by section \n32301 of this Act, is amended by striking ‘‘Not later than December 1, 1990, the Secretary shall prescribe’’ and inserting ‘‘The Secretary shall maintain’’. (b) Section 31151(a) is amended— \n(1) by amending paragraph (1) to read as fol-\nlows: \n‘‘(1) I\nN GENERAL .—The Secretary of Transpor-\ntation shall maintain a program to ensure that intermodal equipment used to transport inter-modal containers is safe and systematically maintained.’’; and \n(2) by striking paragraph (4). (c) Section 31307(b) is amended by striking \n‘‘Not later than December 18, 1994, the Secretary shall prescribe’’ and inserting ‘‘The Secretary shall maintain’’. \n(d) Section 31310(g)(1) is amended by striking \n‘‘Not later than 1 year after the date of enact-ment of this Act, the’’ and inserting ‘‘The’’. \nSEC. 32932. CORRECTION OF INTERSTATE COM-\nMERCE COMMISSION REFERENCES. \n(a) S AFETY INFORMATION AND INTERVENTION \nININTERSTATE COMMERCE COMMISSION PRO-\nCEEDINGS .—Chapter 3 is amended— \n(1) by repealing section 307; (2) in the analysis, by striking the item relat-\ning to section 307; \n(3) in section 333(d)(1)(C), by striking ‘‘Inter-\nstate Commerce Commission’’ and inserting ‘‘Surface Transportation Board’’; and \n(4) in section 333(e)— (A) by striking ‘‘Interstate Commerce Commis-\nsion’’ and inserting ‘‘Surface Transportation Board’’; and \n(B) by striking ‘‘Commission’’ and inserting \n‘‘Board’’. \n(b) F\nILING AND PROCEDURE FOR APPLICATION \nTO ABANDON OR DISCONTINUE .—Section \n10903(b)(2) is amended by striking ‘‘24706(c) of this title’’ and inserting ‘‘24706(c) of this title before May 31, 1998’’. \n(c) T\nECHNICAL AMENDMENTS TO PART C OF \nSUBTITLE V.— \n(1) Section 24307(b)(3) is amended by striking \n‘‘Interstate Commerce Commission’’ and insert-ing ‘‘Surface Transportation Board’’. \n(2) Section 24311 is amended— (A) by striking ‘‘Interstate Commerce Commis-\nsion’’ and inserting ‘‘Surface Transportation Board’’; \n(B) by striking ‘‘Commission’’ each place it \nappears and inserting ‘‘Board’’; and \n(C) by striking ‘‘Commission’s’’ and inserting \n‘‘Board’s’’. \n(3) Section 24902 is amended— (A) by striking ‘‘Interstate Commerce Commis-\nsion’’ each place it appears and inserting ‘‘Sur-face Transportation Board’’; and \n(B) by striking ‘‘Commission’’ each place it \nappears and inserting ‘‘Board’’. \n(4) Section 24904 is amended— (A) by striking ‘‘Interstate Commerce Commis-\nsion’’ and inserting ‘‘Surface Transportation Board’’; and \n(B) by striking ‘‘Commission’’ each place it \nappears and inserting ‘‘Board’’. \nSEC. 32933. TECHNICAL AND CONFORMING \nAMENDMENTS. \n(a) Section 13905(f)(1)(A) is amended by strik-\ning ‘‘section 13904(c)’’ and inserting ‘‘section 13904(e)’’; \n(b) Section 14504a(c)(1) is amended— (1) in subparagraph (C), by striking ‘‘sec-\ntions’’ and inserting ‘‘section’’; and \n(2) in subparagraph (D)(ii)(II) by striking the \nperiod at the end and inserting ‘‘; and’’. \n(c) Section 31103(a) is amended by striking \n‘‘section 31102(b)(1)(E)’’ and inserting ‘‘section 31102(b)(2)(E)’’. \n(d) Section 31103(b) is amended by striking \n‘‘authorized by section 31104(f)(2)’’. \n(e) Section 31309(b)(2) is amended by striking \n‘‘31308(2)’’ and inserting ‘‘31308(3)’’. \nSEC. 32934. EXEMPTIONS FROM REQUIREMENTS \nFOR COVERED FARM VEHICLES. \n(a) F EDERAL REQUIREMENTS .—A covered farm \nvehicle, including the individual operating that vehicle, shall be exempt from the following: \n(1) Any requirement relating to commercial \ndriver’s licenses established under chapter 313 of title 49, United States Code. \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00382 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4541 June 28, 2012 \n(2) Any requirement relating to drug-testing \nestablished under chapter 313 of title 49, United States Code. \n(3) Any requirement relating to medical cer-\ntificates established under— \n(A) subchapter III of chapter 311 of title 49, \nUnited States Code; or \n(B) chapter 313 of title 49, United States Code. (4) Any requirement relating to hours of serv-\nice established under— \n(A) subchapter III of chapter 311 of title 49, \nUnited States Code; or \n(B) chapter 315 of title 49, United States Code. (5) Any requirement relating to vehicle inspec-\ntion, repair, and maintenance established under— \n(A) subchapter III of chapter 311 of title 49, \nUnited States Code; or \n(B) chapter 315 of title 49, United States Code. (b) S\nTATE REQUIREMENTS .— \n(1) I N GENERAL .—Federal transportation fund-\ning to a State may not be terminated, limited, or otherwise interfered with as a result of the State exempting a covered farm vehicle, including the individual operating that vehicle, from any State requirement relating to the operation of that vehicle. \n(2) E\nXCEPTION .—Paragraph (1) does not apply \nwith respect to a covered farm vehicle trans-porting hazardous materials that require a placard. \n(c) C\nOVERED FARMVEHICLE DEFINED .— \n(1) I N GENERAL .—In this section, the term \n‘‘covered farm vehicle’’ means a motor vehicle (including an articulated motor vehicle)— \n(A) that— (i) is traveling in the State in which the vehi-\ncle is registered or another State; \n(ii) is operated by— (I) a farm owner or operator; (II) a ranch owner or operator; or (III) an employee or family member of an indi-\nvidual specified in subclause (I) or (II); \n(iii) is transporting to or from a farm or \nranch— \n(I) agricultural commodities; (II) livestock; or (III) machinery or supplies; (iv) except as provided in paragraph (2), is not \nused in the operations of a for-hire motor car-rier; and \n(v) is equipped with a special license plate or \nother designation by the State in which the ve-hicle is registered to allow for identification of the vehicle as a farm vehicle by law enforcement personnel; and \n(B) that has a gross vehicle weight rating or \ngross vehicle weight, whichever is greater, that is— \n(i) 26,001 pounds or less; or (ii) greater than 26,001 pounds and traveling \nwithin the State or within 150 air miles of the farm or ranch with respect to which the vehicle is being operated. \n(2) I\nNCLUSION .—In this section, the term ‘‘cov-\nered farm vehicle’’ includes a motor vehicle that meets the requirements of paragraph (1) (other than paragraph (1)(A)(iv)) and— \n(A) is operated pursuant to a crop share farm \nlease agreement; \n(B) is owned by a tenant with respect to that \nagreement; and \n(C) is transporting the landlord’s portion of \nthe crops under that agreement. \n(d) S\nAFETY STUDY .—The Secretary of Trans-\nportation shall conduct a study of the exemp-tion required by subsection (a) as follows: \n(1) Data and analysis of covered farm vehicles \nshall include— \n(A) the number of vehicles that are operated \nsubject to each of the regulatory exemptions per-mitted under subsection (a); \n(B) the number of drivers that operate covered \nfarm vehicles subject to each of the regulatory exemptions permitted under subsection (a); \n(C) the number of crashes involving covered \nfarm vehicles; \n(D) the number of occupants and non-occu-\npants injured in crashes involving covered farm vehicles; (E) the number of fatalities of occupants and \nnon-occupants killed in crashes involving farm vehicles; \n(F) crash investigations and accident recon-\nstruction investigations of all fatalities in crash-es involving covered farm vehicles; \n(G) overall operating mileage of covered farm \nvehicles; \n(H) numbers of covered farm vehicles that op-\nerate in neighboring States; and \n(I) any other data the Secretary deems nec-\nessary to analyze and include. \n(2) A listing of State regulations issued and \nmaintained in each State that are identical to the Federal regulations that are subject to ex-emption in subsection (a). \n(3) The Secretary shall report the findings of \nthe study to the appropriate committees of Con-gress not later than 18 months after the date of enactment of this Act. \n(e) C\nONSTRUCTION .—Nothing in this section \nshall be construed as authority for the Secretary of Transportation to prescribe regulations. \nTITLE III—HAZARDOUS MATERIALS \nTRANSPORTATION SAFETY IMPROVE-MENT ACT OF 2012 \nSEC. 33001. SHORT TITLE. \nThis title may be cited as the ‘‘Hazardous Ma-\nterials Transportation Safety Improvement Act of 2012’’. \nSEC. 33002. DEFINITION. \nIn this title, the term ‘‘Secretary’’ means the \nSecretary of Transportation. \nSEC. 33003. REFERENCES TO TITLE 49, UNITED \nSTATES CODE. \nExcept as otherwise expressly provided, when-\never in this title an amendment or repeal is ex-pressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 49, United States Code. \nSEC. 33004. TRAINING FOR EMERGENCY RE-\nSPONDERS. \n(a) T RAINING CURRICULUM .—Section 5115 is \namended— \n(1) in subsection (b)(1)(B), by striking ‘‘basic’’; (2) in subsection (b)(2), by striking ‘‘basic’’; \nand \n(3) in subsection (c), by striking ‘‘basic’’. (b) O\nPERATIONS LEVEL TRAINING .—Section \n5116 is amended— \n(1) in subsection (b)(1), by adding at the end \nthe following: ‘‘To the extent that a grant is used to train emergency responders, the State or Indian tribe shall provide written certification to the Secretary that the emergency responders who receive training under the grant will have the ability to protect nearby persons, property, and the environment from the effects of acci-dents or incidents involving the transportation of hazardous material in accordance with exist-ing regulations or National Fire Protection As-sociation standards for competence of respond-ers to accidents and incidents involving haz-ardous materials.’’; \n(2) in subsection (j)— (A) in paragraph (1), by striking ‘‘funds’’ and \nall that follows through ‘‘fighting fires for’’ and inserting ‘‘funds and through a competitive process, make a grant or make grants to na-tional nonprofit fire service organizations for’’; \n(B) in paragraph (3)(A), by striking ‘‘train’’ \nand inserting ‘‘provide training, including port-able training, for’’; \n(C) in paragraph (4)— (i) by striking ‘‘train’’ and inserting ‘‘provide \ntraining, including portable training, for’’; and \n(ii) by inserting ‘‘comply with Federal regula-\ntions and national consensus standards for haz-ardous materials response and’’ after ‘‘training course shall’’; \n(D) by redesignating paragraph (5) as para-\ngraph (8); and \n(E) by inserting after paragraph (4) the fol-\nlowing: \n‘‘(5) The Secretary may not award a grant to \nan organization under this subsection unless the organization ensures that emergency responders \nwho receive training under the grant will have the ability to protect nearby persons, property, and the environment from the effects of acci-dents or incidents involving the transportation of hazardous material in accordance with exist-ing regulations or National Fire Protection As-sociation standards for competence of respond-ers to accidents and incidents involving haz-ardous materials. \n‘‘(6) Notwithstanding paragraphs (1) and (3), \nto the extent determined appropriate by the Sec-retary, a grant awarded by the Secretary to an organization under this subsection to conduct hazardous material response training programs may be used to train individuals with responsi-\nbility to respond to accidents and incidents in-volving hazardous material. \n‘‘(7) For the purposes of this subsection, the \nterm ‘portable training’ means live, instructor- led training provided by certified fire service in-structors that can be offered in any suitable set-ting, rather than specific designated facilities. Under this training delivery model, instructors travel to locations convenient to students and utilize local facilities and resources.’’; and \n(3) in subsection (k)— (A) by striking ‘‘annually’’ and inserting ‘‘an \nannual report’’; \n(B) by inserting ‘‘the report’’ after ‘‘make \navailable’’; \n(C) by striking ‘‘information’’ and inserting ‘‘. \nThe report submitted under this subsection shall include information’’; and \n(D) by striking ‘‘The report shall identify’’ \nand all that follows and inserting the following: ‘‘The report submitted under this subsection shall identify the ultimate recipients of such grants and include— \n‘‘(A) a detailed accounting and description of \neach grant expenditure by each grant recipient, including the amount of, and purpose for, each expenditure; \n‘‘(B) the number of persons trained under the \ngrant program, by training level; \n‘‘(C) an evaluation of the efficacy of such \nplanning and training programs; and \n‘‘(D) any recommendations the Secretary may \nhave for improving such grant programs.’’. \nSEC. 33005. PAPERLESS HAZARD COMMUNICA-\nTIONS PILOT PROGRAM. \n(a) I NGENERAL .—The Secretary may conduct \npilot projects to evaluate the feasibility and ef-fectiveness of using paperless hazard commu-nications systems. At least 1 of the pilot projects under this section shall take place in a rural area. \n(b) R\nEQUIREMENTS .—In conducting pilot \nprojects under this section, the Secretary— \n(1) may not waive the requirements under sec-\ntion 5110 of title 49, United States Code; and \n(2) shall consult with organizations rep-\nresenting— \n(A) fire services personnel; (B) law enforcement and other appropriate \nenforcement personnel; \n(C) other emergency response providers; (D) persons who offer hazardous material for \ntransportation; \n(E) persons who transport hazardous material \nby air, highway, rail, and water; and \n(F) employees of persons who transport or \noffer for transportation hazardous material by air, highway, rail, and water. \n(c) R\nEPORT .—Not later than 2 years after the \ndate of enactment of this Act, the Secretary shall— \n(1) prepare a report on the results of the pilot \nprojects carried out under this section, includ-ing— \n(A) a detailed description of the pilot projects; (B) an evaluation of each pilot project, in-\ncluding an evaluation of the performance of each paperless hazard communications system in such project; \n(C) an assessment of the safety and security \nimpact of using paperless hazard communica-tions systems, including any impact on the pub-lic, emergency response, law enforcement, and the conduct of inspections and investigations; \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00383 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4542 June 28, 2012 \n(D) an analysis of the associated benefits and \ncosts of using the paperless hazard communica-tions systems for each mode of transportation; and \n(E) a recommendation that incorporates the \ninformation gathered in subparagraphs (A), (B), (C), and (D) on whether paperless hazard com-munications systems should be permanently in-corporated into the Federal hazardous material transportation safety program under chapter 51 of title 49, United States Code; and \n(2) submit a final report to the Committee on \nCommerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representa-tives that contains the results of the pilot projects carried out under this section, includ-ing the matters described in paragraph (1). \n(d) P\nAPERLESS HAZARD COMMUNICATIONS SYS-\nTEM DEFINED .—In this section, the term \n‘‘paperless hazard communications system’’ means the use of advanced communications methods, such as wireless communications de-vices, to convey hazard information between all parties in the transportation chain, including emergency responders and law enforcement per-sonnel. The format of communication may be equivalent to that used by the carrier. \nSEC. 33006. IMPROVING DATA COLLECTION, ANAL-\nYSIS, AND REPORTING. \n(a) A SSESSMENT .— \n(1) I N GENERAL .—Not later than 6 months \nafter the date of enactment of this Act, the Sec-retary, in consultation with the Commandant of the United States Coast Guard, as appropriate, shall conduct an assessment to improve the col-lection, analysis, reporting, and use of data re-lated to accidents and incidents involving the transportation of hazardous material. \n(2) R\nEVIEW .—The assessment conducted under \nthis subsection shall review the methods used by the Pipeline and Hazardous Materials Safety Administration (referred to in this section as the ‘‘Administration’’) for collecting, analyzing, and reporting accidents and incidents involving the transportation of hazardous material, in-cluding the adequacy of— \n(A) information requested on the accident and \nincident reporting forms required to be sub-mitted to the Administration; \n(B) methods used by the Administration to \nverify that the information provided on such forms is accurate and complete; \n(C) accident and incident reporting require-\nments, including whether such requirements should be expanded to include shippers and consignees of hazardous materials; \n(D) resources of the Administration related to \ndata collection, analysis, and reporting, includ-ing staff and information technology; and \n(E) the database used by the Administration \nfor recording and reporting such accidents and incidents, including the ability of users to ade-quately search the database and find informa-tion. \n(b) D\nEVELOPMENT OF ACTION PLAN.—Not later \nthan 9 months after the date of enactment of this Act, the Secretary shall develop an action plan and timeline for improving the collection, analysis, reporting, and use of data by the Ad-ministration, including revising the database of the Administration, as appropriate. \n(c) S\nUBMISSION TO CONGRESS .—Not later than \n15 days after the completion of the action plan and timeline under subsection (c), the Secretary shall submit the action plan and timeline to the Committee on Commerce, Science, and Transpor-tation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. \n(d) R\nEPORTING REQUIREMENTS .—Section \n5125(b)(1)(D) is amended by inserting ‘‘and other written hazardous materials transpor-tation incident reporting involving State or local emergency responders in the initial response to the incident’’ before the period at the end. SEC. 33007. HAZARDOUS MATERIAL TECHNICAL \nASSESSMENT, RESEARCH AND DE-VELOPMENT, AND ANALYSIS PRO-GRAM. \n(a) I NGENERAL .—Chapter 51 is amended by \ninserting after section 5117 the following: \n‘‘§ 5118. Hazardous material technical assess-\nment, research and development, and anal-ysis program \n‘‘(a) R\nISKREDUCTION .— \n‘‘(1) P ROGRAM AUTHORIZED .—The Secretary of \nTransportation may develop and implement a hazardous material technical assessment, re-search and development, and analysis program for the purpose of— \n‘‘(A) reducing the risks associated with the \ntransportation of hazardous material; and \n‘‘(B) identifying and evaluating new tech-\nnologies to facilitate the safe, secure, and effi-cient transportation of hazardous material. \n‘‘(2) C\nOORDINATION .—In developing the pro-\ngram under paragraph (1), the Secretary shall— \n‘‘(A) utilize information gathered from other \nmodal administrations with similar programs; and \n‘‘(B) coordinate with other modal administra-\ntions, as appropriate. \n‘‘(b) C\nOOPERATION .—In carrying out sub-\nsection (a), the Secretary shall work coopera-tively with regulated and other entities, includ-ing shippers, carriers, emergency responders, State and local officials, and academic institu-tions.’’. \n(b) C\nONFORMING AMENDMENT .—The chapter \nanalysis for chapter 51 is amended by inserting after the item relating to section 5117 the fol-lowing: \n‘‘5118. Hazardous material technical assessment, \nresearch and development, and analysis program.’’. \nSEC. 33008. HAZARDOUS MATERIAL ENFORCE-\nMENT TRAINING. \n(a) I NGENERAL .—Not later than 18 months \nafter the date of enactment of this Act, the Sec-retary shall develop uniform performance stand-ards for training hazardous material inspectors and investigators on— \n(1) how to collect, analyze, and publish find-\nings from inspections and investigations of acci-dents or incidents involving the transportation of hazardous material; and \n(2) how to identify noncompliance with regu-\nlations issued under chapter 51 of title 49, United States Code, and take appropriate en-forcement action. \n(b) S\nTANDARDS AND GUIDELINES .—The Sec-\nretary may develop— \n(1) guidelines for hazardous material inspector \nand investigator qualifications; \n(2) best practices and standards for hazardous \nmaterial inspector and investigator training pro-grams; and \n(3) standard protocols to coordinate investiga-\ntion efforts among Federal, State, and local ju-risdictions on accidents or incidents involving the transportation of hazardous material. \n(c) A\nVAILABILITY .—The standards, protocols, \nand guidelines established under this section— \n(1) shall be mandatory for— (A) the Department of Transportation’s \nmultimodal personnel conducting hazardous material enforcement inspections or investiga-tions; and \n(B) State employees who conduct federally \nfunded compliance reviews, inspections, or in-vestigations; and \n(2) shall be made available to Federal, State, \nand local hazardous material safety enforce-ment personnel. \nSEC. 33009. INSPECTIONS. \n(a) N OTICE OF ENFORCEMENT MEASURES .—Sec-\ntion 5121(c)(1) is amended— \n(1) in subparagraph (E), by striking ‘‘and’’ at \nthe end; \n(2) in subparagraph (F), by striking the period \nat the end and inserting ‘‘; and’’; and \n(3) by adding at the end the following: ‘‘(G) shall provide to the affected offeror, car-\nrier, packaging manufacturer or tester, or other person responsible for the package reasonable notice of— \n‘‘(i) his or her decision to exercise his or her \nauthority under paragraph (1); \n‘‘(ii) any findings made; and ‘‘(iii) any actions being taken as a result of a \nfinding of noncompliance.’’. \n(b) R\nEGULATIONS .— \n(1) M ATTERS TO BE ADDRESSED .—Section \n5121(e) is amended by adding at the end the fol-lowing: \n‘‘(3) M\nATTERS TO BE ADDRESSED .—The regula-\ntions issued under this subsection shall ad-dress— \n‘‘(A) the safe and expeditious resumption of \ntransportation of perishable hazardous mate-rial, including radiopharmaceuticals and other medical products, that may require timely deliv-ery due to life-threatening situations; \n‘‘(B) the means by which— ‘‘(i) noncompliant packages that present an \nimminent hazard are placed out-of-service until the condition is corrected; and \n‘‘(ii) noncompliant packages that do not \npresent a hazard are moved to their final des-tination; \n‘‘(C) appropriate training and equipment for \ninspectors; and \n‘‘(D) the proper closure of packaging in ac-\ncordance with the hazardous material regula-tions.’’. \n(2) F\nINALIZING REGULATIONS .—In accordance \nwith section 5103(b)(2) of title 49, United States Code, not later than 1 year after the date of en-actment of this Act, the Secretary shall take all actions necessary to finalize a regulation under paragraph (1) of this subsection. \n(c) G\nRANTS AND COOPERATIVE AGREEMENTS .— \nSection 5121(g)(1) is amended by inserting ‘‘safe-ty and’’ before ‘‘security’’. \nSEC. 33010. CIVIL PENALTIES. \nSection 5123 is amended— \n(1) in subsection (a)— (A) in paragraph (1)— \n(i) by striking ‘‘at least $250 but’’; and (ii) by striking ‘‘$50,000’’ and inserting \n‘‘$75,000’’; \n(B) in paragraph (2), by striking ‘‘$100,000’’ \nand inserting ‘‘$175,000’’; and \n(C) by amending paragraph (3) to read as fol-\nlows: \n‘‘(3) If the violation is related to training, a \nperson described in paragraph (1) shall be liable for a civil penalty of at least $450.’’; and \n(2) by adding at the end the following: ‘‘(h) P\nENALTY FOR OBSTRUCTION OF INSPEC -\nTIONS AND INVESTIGATIONS .— \n‘‘(1) The Secretary may impose a penalty on a \nperson who obstructs or prevents the Secretary from carrying out inspections or investigations under subsection (c) or (i) of section 5121. \n‘‘(2) For the purposes of this subsection, the \nterm ‘obstructs’ means actions that were known, or reasonably should have been known, to pre-vent, hinder, or impede an investigation. \n‘‘(i) P\nROHIBITION ON HAZARDOUS MATERIAL \nOPERATIONS AFTER NONPAYMENT OF PEN-\nALTIES .— \n‘‘(1) I N GENERAL .—Except as provided under \nparagraph (2), a person subject to the jurisdic-tion of the Secretary under this chapter who fails to pay a civil penalty assessed under this chapter, or fails to arrange and abide by an ac-ceptable payment plan for such civil penalty, may not conduct any activity regulated under this chapter beginning on the 91st day after the date specified by order of the Secretary for pay-ment of such penalty unless the person has filed a formal administrative or judicial appeal of the penalty. \n‘‘(2) E\nXCEPTION .—Paragraph (1) shall not \napply to any person who is unable to pay a civil penalty because such person is a debtor in a case under chapter 11 of title 11. \n‘‘(3) R\nULEMAKING .—Not later than 2 years \nafter the date of enactment of this subsection, \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00384 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4543 June 28, 2012 \nthe Secretary, after providing notice and an op-\nportunity for public comment, shall issue regu-lations that— \n‘‘(A) set forth procedures to require a person \nwho is delinquent in paying civil penalties to cease any activity regulated under this chapter until payment has been made or an acceptable payment plan has been arranged; and \n‘‘(B) ensures that the person described in sub-\nparagraph (A)— \n‘‘(i) is notified in writing; and ‘‘(ii) is given an opportunity to respond before \nthe person is required to cease the activity.’’. \nSEC. 33011. REPORTING OF FEES. \nSection 5125(f)(2) is amended by striking ‘‘, \nupon the Secretary’s request,’’ and inserting ‘‘biennially’’. \nSEC. 33012. SPECIAL PERMITS, APPROVALS, AND \nEXCLUSIONS. \n(a) R ULEMAKING .—Not later than 2 years after \nthe date of enactment of this Act, the Secretary, after providing notice and an opportunity for public comment, shall issue regulations that es-tablish— \n(1) standard operating procedures to support \nadministration of the special permit and ap-proval programs; and \n(2) objective criteria to support the evaluation \nof special permit and approval applications. \n(b) R\nEVIEW OF SPECIAL PERMITS .— \n(1) R EVIEW .—Not later than 1 year after the \ndate of enactment of this Act, the Secretary shall conduct a review and analysis of special permits that have been in continuous effect for a 10-year period to determine which special per-mits may be converted into the hazardous mate-rials regulations. \n(2) F\nACTORS .—In conducting the review and \nanalysis under paragraph (1), the Secretary may consider— \n(A) the safety record for hazardous materials \ntransported under the special permit; \n(B) the application of a special permit; (C) the suitability of provisions in the special \npermit for incorporation into the hazardous ma-terials regulations; and \n(D) rulemaking activity in related areas. (3) R\nULEMAKING .—After completing the review \nand analysis under paragraph (1), but not later than 3 years after the date of enactment of this Act, and after providing notice and opportunity for public comment, the Secretary shall issue regulations to incorporate into the hazardous materials regulations any special permits identi-fied in the review under paragraph (1) that the Secretary determines are appropriate for incor-poration, based on the factors identified in paragraph (2). \n(c) I\nNCORPORATION INTO REGULATION .—Sec-\ntion 5117 is amended by adding at the end the following: \n‘‘(f) I\nNCORPORATION INTOREGULATIONS .— \n‘‘(1) I N GENERAL .—Not later than 1 year after \nthe date on which a special permit has been in continuous effect for a 10-year period, the Sec-retary shall conduct a review and analysis of that special permit to determine whether it may be converted into the hazardous materials regu-lations. \n‘‘(2) F\nACTORS .—In conducting the review and \nanalysis under paragraph (1), the Secretary may consider— \n‘‘(A) the safety record for hazardous materials \ntransported under the special permit; \n‘‘(B) the application of a special permit; ‘‘(C) the suitability of provisions in the special \npermit for incorporation into the hazardous ma-terials regulations; and \n‘‘(D) rulemaking activity in related areas. ‘‘(3) R\nULEMAKING .—After completing the re-\nview and analysis under paragraph (1) and after providing notice and opportunity for pub-lic comment, the Secretary shall either institute a rulemaking to incorporate the special permit into the hazardous materials regulations or pub-lish in the Federal Register the Secretary’s jus-tification for why the special permit is not ap-propriate for incorporation into the regula-\ntions.’’. \nSEC. 33013. HIGHWAY ROUTING DISCLOSURES. \n(a) L IST OF ROUTE DESIGNATIONS .—Section \n5112(c) is amended— \n(1) by striking ‘‘In coordination’’ and insert-\ning the following: \n‘‘(1) I N GENERAL .—In coordination’’; and \n(2) by adding at the end the following: ‘‘(2) S\nTATE RESPONSIBILITIES .— \n‘‘(A) I N GENERAL .—Each State shall submit to \nthe Secretary, in a form and manner to be deter-mined by the Secretary and in accordance with subparagraph (B)— \n‘‘(i) the name of the State agency responsible \nfor hazardous material highway route designa-tions; and \n‘‘(ii) a list of the State’s currently effective \nhazardous material highway route designations. \n‘‘(B) F\nREQUENCY .—Each State shall submit \nthe information described in subparagraph (A)(ii)— \n‘‘(i) at least once every 2 years; and ‘‘(ii) not later than 60 days after a hazardous \nmaterial highway route designation is estab-lished, amended, or discontinued.’’. \n(b) C\nOMPLIANCE WITHSECTION 5112.—Section \n5125(c)(1) is amended by inserting ‘‘, and is pub-lished in the Department’s hazardous materials route registry under section 5112(c)’’ before the period at the end. \nSEC. 33014. MOTOR CARRIER SAFETY PERMITS. \n(a) R EVIEW .—Not later than 1 year after the \ndate of enactment of this Act, the Secretary shall conduct a study of, and transmit to the Committee on Commerce, Science, and Transpor-tation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on, the implementa-tion of the hazardous material safety permit program under section 5109 of title 49, United States Code. In conducting the study, the Sec-retary shall review, at a minimum— \n(1) the list of hazardous materials requiring a \nsafety permit; \n(2) the number of permits that have been \nissued, denied, revoked, or suspended since in-ception of the program and the number of com-mercial motor carriers that have never had a permit denied, revoked, or suspended since in-ception of the program; \n(3) the reasons for such denials, revocations, \nor suspensions; \n(4) the criteria used by the Federal Motor Car-\nrier Safety Administration to determine whether a hazardous material safety permit issued by a State is equivalent to the Federal permit; and \n(5) actions the Secretary could implement to \nimprove the program, including whether to pro-vide opportunities for an additional level of fit-ness review prior to the denial, revocation, or suspension of a safety permit. \n(b) A\nCTIONS TAKEN .—Not later than 2 years \nafter the date of enactment of this Act, based on the study conducted under subsection (a), the Secretary shall either institute a rulemaking to make any necessary improvements to the haz-ardous materials safety permit program under section 5109 of title 49, United States Code or publish in the Federal Register the Secretary’s justification for why a rulemaking is not nec-essary. \nSEC. 33015. WETLINES. \n(a) E VALUATION .—Not later than 1 year after \nthe date of enactment of this Act, the United States Government Accountability Office shall evaluate, and transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representa-tives, a report on the safety of transporting flammable liquids in the external product piping of cargo tank motor vehicles (commonly referred to as wetlines). The evaluation shall— \n(1) review the safety of transporting flam-\nmable liquids in the external product piping of cargo tank motor vehicles; (2) accurately quantify the number of inci-\ndents involving the transportation of flammable liquids in external product piping of cargo tank motor vehicles; \n(3) identify various alternatives to loading, \ntransporting, and unloading flammable liquids in such piping; \n(4) examine the costs and benefits of each al-\nternative; and \n(5) identify any obstacles to implementing \neach alternative. \n(b) R\nEGULATIONS .—The Secretary may not \nissue a final rule regarding transporting flam-mable liquids in the external product piping of cargo tank motor vehicles prior to completion of the evaluation conducted under subsection (a), or 2 years after the date of enactment of this Act, whichever is earlier, unless the Secretary determines that a risk to public safety, property, or the environment is present or an imminent hazard (as defined in section 5102 of title 49, United States Code) exists and that the regula-tions will address the risk or hazard. \nSEC. 33016. HAZMAT EMPLOYEE TRAINING RE-\nQUIREMENTS AND GRANTS. \nSection 5107(e)(2) is amended— \n(1) by inserting ‘‘through a competitive proc-\ness’’ between ‘‘made’’ and ‘‘to’’; and \n(2) by striking ‘‘hazmat employee’’. \nSEC. 33017. AUTHORIZATION OF APPROPRIA-\nTIONS. \nSection 5128 is amended to read as follows: \n‘‘§ 5128. Authorization of appropriations \n‘‘(a) I NGENERAL .—There are authorized to be \nappropriated to the Secretary to carry out this chapter (except sections 5107(e), 5108(g)(2), 5113, 5115, 5116, and 5119)— \n‘‘(1) $42,338,000 for fiscal year 2013; and ‘‘(2) $42,762,000 for fiscal year 2014. ‘‘(b) H\nAZARDOUS MATERIALS EMERGENCY PRE-\nPAREDNESS FUND.—From the Hazardous Mate-\nrials Emergency Preparedness Fund established under section 5116(i), the Secretary may expend, during each of fiscal years 2013 and 2014— \n‘‘(1) $188,000 to carry out section 5115; ‘‘(2) $21,800,000 to carry out subsections (a) \nand (b) of section 5116, of which not less than $13,650,000 shall be available to carry out sec-tion 5116(b); \n‘‘(3) $150,000 to carry out section 5116(f); ‘‘(4) $625,000 to publish and distribute the \nEmergency Response Guidebook under section 5116(i)(3); and \n‘‘(5) $1,000,000 to carry out section 5116(j). ‘‘(c) H\nAZARDOUS MATERIALS TRAINING \nGRANTS .—From the Hazardous Materials Emer-\ngency Preparedness Fund established pursuant to section 5116(i), the Secretary may expend $4,000,000 for each of the fiscal years 2013 and 2014 to carry out section 5107(e). \n‘‘(d) C\nREDITS TO APPROPRIATIONS .— \n‘‘(1) E XPENSES .—In addition to amounts oth-\nerwise made available to carry out this chapter, the Secretary may credit amounts received from a State, Indian tribe, or other public authority or private entity for expenses the Secretary in-curs in providing training to the State, author-ity, or entity. \n‘‘(2) A\nVAILABILITY OF AMOUNTS .—Amounts \nmade available under this section shall remain available until expended.’’. \nTITLE IV—SPORT FISH RESTORATION AND \nRECREATIONAL BOATING SAFETY ACT OF 2012 \nSEC. 34001. SHORT TITLE. \nThis title may be cited as the ‘‘Sport Fish Res-\ntoration and Recreational Boating Safety Act of 2012’’. \nSEC. 34002. AMENDMENT OF FEDERAL AID IN \nSPORT FISH RESTORATION ACT. \nSection 4 of the Federal Aid in Fish Restora-\ntion Act (16 U.S.C. 777c) is amended— \n(1) in subsection (a), by striking ‘‘of fiscal \nyears 2006 through 2011 and for the period be-ginning on October 1, 2011, and ending on June 30, 2012,’’ and inserting ‘‘fiscal year through 2014,’’; and \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00385 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4544 June 28, 2012 \n(2) in subsection (b)(1)(A), by striking ‘‘of fis-\ncal years 2006 through 2011 and for the period beginning on October 1, 2011, and ending on March 31, 2012,’’ and inserting ‘‘fiscal year through 2014,’’. \nTITLE V—MISCELLANEOUS \nSEC. 35001. OVERFLIGHTS IN GRAND CANYON NA-\nTIONAL PARK. \n(a) D ETERMINATIONS WITHRESPECT TO SUB-\nSTANTIAL RESTORATION OF NATURAL QUIET AND \nEXPERIENCE .— \n(1) I N GENERAL .—Notwithstanding any other \nprovision of law, for purposes of section 3(b)(1) of Public Law 100–91 (16 U.S.C. 1a–1 note), the substantial restoration of the natural quiet and experience of the Grand Canyon National Park (in this section referred to as the ‘‘Park’’) shall be considered to be achieved in the Park if, for at least 75 percent of each day, 50 percent of the Park is free of sound produced by commercial air tour operations that have an allocation to conduct commercial air tours in the Park as of the date of enactment of this Act. \n(2) C\nONSIDERATIONS .— \n(A) I N GENERAL .—For purposes of determining \nwhether substantial restoration of the natural quiet and experience of the Park has been achieved in accordance with paragraph (1), the Secretary of the Interior (in this section referred to as the ‘‘Secretary’’) shall use— \n(i) the 2-zone system for the Park in effect on \nthe date of enactment of this Act to assess im-pacts relating to substantial restoration of nat-ural quiet at the Park, including— \n(I) the thresholds for noticeability and audi-\nbility; and \n(II) the distribution of land between the 2 \nzones; and \n(ii) noise modeling science that is— (I) developed for use at the Park, specifically \nIntegrated Noise Model Version 6.2; \n(II) validated by reasonable standards for \nconducting field observations of model results; and \n(III) accepted and validated by the Federal \nInteragency Committee on Aviation Noise. \n(B) S\nOUND FROM OTHER SOURCES .—The Sec-\nretary shall not consider sound produced by sources other than commercial air tour oper-ations, including sound emitted by other types of aircraft operations or other noise sources, for purposes of— \n(i) making recommendations, developing a \nfinal plan, or issuing regulations relating to commercial air tour operations in the Park; or \n(ii) determining under paragraph (1) whether \nsubstantial restoration of the natural quiet and experience of the Park has been achieved. \n(3) C\nONTINUED MONITORING .—The Secretary \nshall continue monitoring noise from aircraft operating over the Park below 17,999 feet MSL to ensure continued compliance with the sub-stantial restoration of natural quiet and experi-ence of the Park. \n(4) D\nAY DEFINED .—For purposes of this sec-\ntion, the term ‘‘day’’ means the hours between 7:00 a.m. and 7:00 p.m. \n(b) C\nONVERSION TO QUIET TECHNOLOGY AIR-\nCRAFT .— \n(1) I N GENERAL .—Not later than 15 years after \nthe date of enactment of this Act, all commercial air tour aircraft operating in the Grand Canyon National Park Special Flight Rules Area shall be required to fully convert to quiet aircraft technology (as determined in accordance with regulations in effect on the day before the date of enactment of this Act). \n(2) C\nONVERSION INCENTIVES .—Not later than \n60 days after the date of enactment of this Act, the Secretary and the Administrator of the Fed-eral Aviation Administration shall provide in-centives for commercial air tour operators that convert to quiet aircraft technology (as deter-mined in accordance with the regulations in ef-fect on the day before the date of enactment of this Act) before the date specified in paragraph (1), such as increasing the flight allocations for such operators on a net basis consistent with \nsection 804(c) of the National Park Air Tours Management Act of 2000 (title VIII of Public Law 106–181), provided that the cumulative im-pact of such operations does not increase noise at Grand Canyon National Park. \nSEC. 35002. COMMERCIAL AIR TOUR OPERATIONS. \nSection 40128(b)(1)(C) of title 49, United States \nCode, is amended to read as follows: \n‘‘(C) E XCEPTION .—An application to begin or \nexpand commercial air tour operations at Crater Lake National Park or Great Smoky Mountains National Park may be denied without the estab-lishment of an air tour management plan by the Director of the National Park Service if the Di-rector determines that such operations would adversely affect park resources or visitor experi-ences.’’. \nSEC. 35003. QUALIFICATIONS FOR PUBLIC AIR-\nCRAFT STATUS. \nSection 40125 of title 49, United States Code, is \namended by adding at the end the following: \n‘‘(d) S EARCH AND RESCUE PURPOSES .—An air-\ncraft described in section 40102(a)(41)(D) that is not exclusively leased for at least 90 continuous days by the government of a State, the District of Columbia, or a territory or possession of the United States or a political subdivision of 1 of those governments, qualifies as a public aircraft if the Administrator determines that— \n‘‘(1) there are extraordinary circumstances; ‘‘(2) the aircraft will be used for the perform-\nance of search and rescue missions; \n‘‘(3) a community would not otherwise have \naccess to search and rescue services; and \n‘‘(4) a government entity demonstrates that \ngranting the waiver is necessary to prevent an undue economic burden on that government.’’. \nDIVISION D—FINANCE \nSEC. 40001. SHORT TITLE. \nThis division may be cited as the ‘‘Highway \nInvestment, Job Creation, and Economic Growth Act of 2012’’. \nTITLE I—EXTENSION OF HIGHWAY TRUST \nFUND EXPENDITURE AUTHORITY AND RELATED TAXES \nSEC. 40101. EXTENSION OF TRUST FUND EXPEND-\nITURE AUTHORITY. \n(a) H IGHWAY TRUST FUND.—Section 9503 of \nthe Internal Revenue Code of 1986 is amended— \n(1) by striking ‘‘July 1, 2012’’ in subsections \n(b)(6)(B), (c)(1), and (e)(3) and inserting ‘‘Octo-ber 1, 2014’’, and \n(2) by striking ‘‘Surface Transportation Ex-\ntension Act of 2012’’ in subsections (c)(1) and (e)(3) and inserting ‘‘MAP-21’’. \n(b) S\nPORT FISHRESTORATION AND BOATING \nTRUST FUND.—Section 9504 of the Internal Rev-\nenue Code of 1986 is amended— \n(1) by striking ‘‘Surface Transportation Ex-\ntension Act of 2012’’ each place it appears in subsection (b)(2) and inserting ‘‘MAP-21’’, and \n(2) by striking ‘‘July 1, 2012’’ in subsection \n(d)(2) and inserting ‘‘October 1, 2014’’. \n(c) L\nEAKING UNDERGROUND STORAGE TANK \nTRUST FUND.—Paragraph (2) of section 9508(e) \nof the Internal Revenue Code of 1986 is amended by striking ‘‘July 1, 2012’’ and inserting ‘‘Octo-ber 1, 2014’’. \n(d) E\nFFECTIVE DATE.—The amendments made \nby this section shall take effect on July 1, 2012. \nSEC. 40102. EXTENSION OF HIGHWAY-RELATED \nTAXES. \n(a) I NGENERAL .— \n(1) Each of the following provisions of the In-\nternal Revenue Code of 1986 is amended by striking ‘‘June 30, 2012’’ and inserting ‘‘Sep-tember 30, 2016’’: \n(A) Section 4041(a)(1)(C)(iii)(I). (B) Section 4041(m)(1)(B). (C) Section 4081(d)(1). (2) Each of the following provisions of such \nCode is amended by striking ‘‘July 1, 2012’’ and inserting ‘‘October 1, 2016’’: \n(A) Section 4041(m)(1)(A). (B) Section 4051(c). (C) Section 4071(d). \n(D) Section 4081(d)(3). (b) E\nXTENSION OF TAX, ETC., ONUSE OF CER-\nTAIN HEAVY VEHICLES .— \n(1) I N GENERAL .—Each of the following provi-\nsions of the Internal Revenue Code of 1986 is amended by striking ‘‘2013’’ each place it ap-pears and inserting ‘‘2017’’: \n(A) Section 4481(f). (B) Section 4482(d). (2) E\nXTENSION AND TECHNICAL CORRECTION .— \n(A) I N GENERAL .—Paragraph (4) of section \n4482(c) of such Code is amended to read as fol-lows: \n‘‘(4) T\nAXABLE PERIOD .—The term ‘taxable pe-\nriod’ means any year beginning before July 1, 2017, and the period which begins on July 1, 2017, and ends at the close of September 30, 2017.’’. \n(B) E\nFFECTIVE DATE .—The amendment made \nby this paragraph shall take effect as if in-cluded in the amendments made by section 142 of the Surface Transportation Extension Act of 2011, Part II. \n(c) F\nLOOR STOCKS REFUNDS .—Section \n6412(a)(1) of the Internal Revenue Code of 1986 is amended— \n(1) by striking ‘‘July 1, 2012’’ each place it ap-\npears and inserting ‘‘October 1, 2016’’, \n(2) by striking ‘‘December 31, 2012’’ each place \nit appears and inserting ‘‘March 31, 2017’’, and \n(3) by striking ‘‘October 1, 2012’’ and inserting \n‘‘January 1, 2017’’. \n(d) E\nXTENSION OF CERTAIN EXEMPTIONS .— \n(1) Section 4221(a) of the Internal Revenue \nCode of 1986 is amended by striking ‘‘July 1, 2012’’ and inserting ‘‘October 1, 2016’’. \n(2) Section 4483(i) of such Code is amended by \nstriking ‘‘July 1, 2012’’ and inserting ‘‘October 1, 2017’’. \n(e) E\nXTENSION OF TRANSFERS OF CERTAIN \nTAXES.— \n(1) I N GENERAL .—Section 9503 of the Internal \nRevenue Code of 1986 is amended— \n(A) in subsection (b)— (i) by striking ‘‘July 1, 2012’’ each place it ap-\npears in paragraphs (1) and (2) and inserting ‘‘October 1, 2016’’, \n(ii) by striking ‘‘J\nULY 1 , 2012’’ in the heading of \nparagraph (2) and inserting ‘‘O CTOBER 1 , 2016’’, \n(iii) by striking ‘‘June 30, 2012’’ in paragraph \n(2) and inserting ‘‘September 30, 2016’’, and \n(iv) by striking ‘‘April 1, 2013’’ in paragraph \n(2) and inserting ‘‘July 1, 2017’’, and \n(B) in subsection (c)(2), by striking ‘‘April 1, \n2013’’ and inserting ‘‘July 1, 2017’’. \n(2) M OTORBOAT AND SMALL -ENGINE FUEL TAX \nTRANSFERS .— \n(A) I N GENERAL .—Paragraphs (3)(A)(i) and \n(4)(A) of section 9503(c) of such Code are each amended by striking ‘‘July 1, 2012’’ and insert-ing ‘‘October 1, 2016’’. \n(B) C\nONFORMING AMENDMENTS TO LAND AND \nWATER CONSERVATION FUND .—Section 201(b) of \nthe Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–11(b)) is amended— \n(i) by striking ‘‘July 1, 2013’’ each place it ap-\npears and inserting ‘‘October 1, 2017’’, and \n(ii) by striking ‘‘July 1, 2012’’ and inserting \n‘‘October 1, 2016’’. \n(f) E\nFFECTIVE DATE.—Except as otherwise \nprovided in this section, the amendments made by this section shall take effect on July 1, 2012. \nTITLE II—REVENUE PROVISIONS \nSubtitle A—Leaking Underground Storage \nTank Trust Fund \nSEC. 40201. TRANSFER FROM LEAKING UNDER-\nGROUND STORAGE TANK TRUST FUND TO HIGHWAY TRUST FUND. \n(a) I NGENERAL .—Subsection (c) of section \n9508 of the Internal Revenue Code of 1986 is amended— \n(1) by striking ‘‘Amounts’’ and inserting: ‘‘(1) I\nN GENERAL .—Except as provided in para-\ngraph (2), amounts’’, and \n(2) by adding at the end the following new \nparagraph: \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00386 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4545 June 28, 2012 \n‘‘(2) T RANSFER TO HIGHWAY TRUST FUND .—Out \nof amounts in the Leaking Underground Storage Tank Trust Fund there is hereby appropriated $2,400,000,000 to be transferred under section 9503(f)(3) to the Highway Account (as defined in section 9503(e)(5)(B)) in the Highway Trust Fund.’’. \n(b) T\nRANSFER TO HIGHWAY TRUST FUND.— \n(1) I N GENERAL .—Subsection (f) of section 9503 \nof the Internal Revenue Code of 1986 is amended by inserting after paragraph (2) the following new paragraph: \n‘‘(3) I\nNCREASE IN FUND BALANCE .—There is \nhereby transferred to the Highway Account (as defined in subsection (e)(5)(B)) in the Highway Trust Fund amounts appropriated from the Leaking Underground Storage Tank Trust Fund under section 9508(c)(2).’’. \n(2) C\nONFORMING AMENDMENTS .—Paragraph (4) \nof section 9503(f) of such Code is amended— \n(A) by inserting ‘‘or transferred’’ after ‘‘ap-\npropriated’’, and \n(B) by striking ‘‘ APPROPRIATED ’’ in the head-\ning thereof. \nSubtitle B—Pension Provisions \nPART I—PENSION FUNDING \nSTABILIZATION \nSEC. 40211. PENSION FUNDING STABILIZATION. \n(a) A MENDMENTS TO INTERNAL REVENUE CODE \nOF1986.— \n(1) I N GENERAL .—Subparagraph (C) of section \n430(h)(2) of the Internal Revenue Code of 1986 is amended by adding at the end the following new clause: \n‘‘(iv) S\nEGMENT RATE STABILIZATION .— \n‘‘(I) I N GENERAL .—If a segment rate described \nin clause (i), (ii), or (iii) with respect to any ap-plicable month (determined without regard to this clause) is less than the applicable minimum percentage, or more than the applicable max-imum percentage, of the average of the segment rates described in such clause for years in the 25-year period ending with September 30 of the calendar year preceding the calendar year in which the plan year begins, then the segment rate described in such clause with respect to the applicable month shall be equal to the applica-ble minimum percentage or the applicable max-imum percentage of such average, whichever is closest. The Secretary shall determine such av-erage on an annual basis and may prescribe equivalent rates for years in any such 25-year period for which the rates described in any such clause are not available. \n‘‘(II) A\nPPLICABLE MINIMUM PERCENTAGE ; AP-\nPLICABLE MAXIMUM PERCENTAGE .—For purposes \nof subclause (I), the applicable minimum per-centage and the applicable maximum percentage for a plan year beginning in a calendar year shall be determined in accordance with the fol-lowing table: \n‘‘If the calendar year \nis: The applica-\nble minimum \npercentage is: The applica-\nble maximum \npercentage is: \n2012 ...................... 90% 110 % \n2013 ...................... 85% 115 % \n2014 ...................... 80% 120 % \n2015 ...................... 75% 125 % \nAfter 2015 ............. 70% 130 %.’’. \n(2) C ONFORMING AMENDMENTS .— \n(A) Paragraph (6) of section 404(o) of such \nCode is amended by inserting ‘‘(determined by not taking into account any adjustment under clause (iv) of subsection (h)(2)(C) thereof)’’ be-fore the period. \n(B) Subparagraph (F) of section 430(h)(2) of \nsuch Code is amended by inserting ‘‘and the averages determined under subparagraph (C)(iv)’’ after ‘‘subparagraph (C)’’. \n(C) Subparagraphs (C) and (D) of section \n417(e)(3) of such Code are each amended by striking ‘‘section 430(h)(2)(C)’’ and inserting ‘‘section 430(h)(2)(C) (determined by not taking into account any adjustment under clause (iv) thereof)’’. \n(D) Section 420 of such Code is amended by \nadding at the end the following new subsection: ‘‘(g) S\nEGMENT RATES DETERMINED WITHOUT \nPENSION STABILIZATION .—For purposes of this \nsection, section 430 shall be applied without re-gard to subsection (h)(2)(C)(iv) thereof.’’. \n(b) A\nMENDMENTS TO EMPLOYEE RETIREMENT \nINCOME SECURITY ACT OF 1974.— \n(1) I N GENERAL .—Subparagraph (C) of section \n303(h)(2) of the Employee Retirement Income Se-curity Act of 1974 (29 U.S.C. 1083(h)(2)) is amended by adding at the end the following new clause: \n‘‘(iv) S\nEGMENT RATE STABILIZATION .— \n‘‘(I) I N GENERAL .—If a segment rate described \nin clause (i), (ii), or (iii) with respect to any ap-plicable month (determined without regard to this clause) is less than the applicable minimum percentage, or more than the applicable max-imum percentage, of the average of the segment rates described in such clause for years in the 25-year period ending with September 30 of the calendar year preceding the calendar year in which the plan year begins, then the segment rate described in such clause with respect to the applicable month shall be equal to the applica-ble minimum percentage or the applicable max-imum percentage of such average, whichever is closest. The Secretary of the Treasury shall de-termine such average on an annual basis and may prescribe equivalent rates for years in any such 25-year period for which the rates de-scribed in any such clause are not available. \n‘‘(II) A\nPPLICABLE MINIMUM PERCENTAGE ; AP-\nPLICABLE MAXIMUM PERCENTAGE .—For purposes \nof subclause (I), the applicable minimum per-centage and the applicable maximum percentage for a plan year beginning in a calendar year shall be determined in accordance with the fol-lowing table: \n‘‘If the calendar year \nis: The applica-\nble minimum \npercentage is: The applica-\nble maximum \npercentage is: \n2012 ...................... 90% 110 % \n2013 ...................... 85% 115 % \n2014 ...................... 80% 120 % \n2015 ...................... 75% 125 % \nAfter 2015 ............. 70% 130 %.’’. \n(2) D ISCLOSURE OF EFFECT OF SEGMENT RATE \nSTABILIZATION ON PLAN FUNDING .— \n(A) I N GENERAL .—Paragraph (2) of section \n101(f) of such Act (29 U.S.C. 1021(f)) is amended by adding at the end the following new sub-paragraph: \n‘‘(D) E\nFFECT OF SEGMENT RATE STABILIZATION \nON PLAN FUNDING .— \n‘‘(i) I N GENERAL .—In the case of a single-em-\nployer plan for an applicable plan year, each notice under paragraph (1) shall include— \n‘‘(I) a statement that the MAP-21 modified the \nmethod for determining the interest rates used to determine the actuarial value of benefits earned under the plan, providing for a 25-year average of interest rates to be taken into account in ad-dition to a 2-year average, \n‘‘(II) a statement that, as a result of the MAP- \n21, the plan sponsor may contribute less money to the plan when interest rates are at historical lows, and \n‘‘(III) a table which shows (determined both \nwith and without regard to section 303(h)(2)(C)(iv)) the funding target attainment percentage (as defined in section 303(d)(2)), the funding shortfall (as defined in section 303(c)(4)), and the minimum required contribu-tion (as determined under section 303), for the applicable plan year and each of the 2 preceding plan years. \n‘‘(ii) A\nPPLICABLE PLAN YEAR .—For purposes of \nthis subparagraph, the term ‘applicable plan year’ means any plan year beginning after De-cember 31, 2011, and before January 1, 2015, for which— \n‘‘(I) the funding target (as defined in section \n303(d)(2)) is less than 95 percent of such funding target determined without regard to section 303(h)(2)(C)(iv), \n‘‘(II) the plan has a funding shortfall (as de-\nfined in section 303(c)(4) and determined with-out regard to section 303(h)(2)(C)(iv)) greater \nthan $500,000, and \n‘‘(III) the plan had 50 or more participants on \nany day during the preceding plan year. \nFor purposes of any determination under sub-\nclause (III), the aggregation rule under the last sentence of section 303(g)(2)(B) shall apply. \n‘‘(iii) S\nPECIAL RULE FOR PLAN YEARS BEGIN -\nNING BEFORE 2012 .—In the case of a preceding \nplan year referred to in clause (i)(III) which be-gins before January 1, 2012, the information de-scribed in such clause shall be provided only without regard to section 303(h)(2)(C)(iv).’’. \n(B) M\nODEL NOTICE .—The Secretary of Labor \nshall modify the model notice required to be published under section 501(c) of the Pension Protection Act of 2006 to prominently include the information described in section 101(f)(2)(D) of the Employee Retirement Income Security Act of 1974, as added by this paragraph. \n(3) C\nONFORMING AMENDMENTS .— \n(A) Subparagraph (F) of section 303(h)(2) of \nsuch Act (29 U.S.C. 1083(h)(2)) is amended by in-serting ‘‘and the averages determined under subparagraph (C)(iv)’’ after ‘‘subparagraph (C)’’. \n(B) Clauses (ii) and (iii) of section 205(g)(3)(B) \nof such Act (29 U.S.C. 1055(g)(3)(B)) are each amended by striking ‘‘section 303(h)(2)(C)’’ and inserting ‘‘section 303(h)(2)(C) (determined by not taking into account any adjustment under clause (iv) thereof)’’. \n(C) Clause (iv) of section 4006(a)(3)(E) of such \nAct (29 U.S.C. 1306(a)(3)(E)) is amended by striking ‘‘section 303(h)(2)(C)’’ and inserting ‘‘section 303(h)(2)(C) (notwithstanding any reg-ulations issued by the corporation, determined by not taking into account any adjustment under clause (iv) thereof)’’. \n(D) Section 4010(d) of such Act (29 U.S.C. \n1310(d)) is amended by adding at the end the following: \n‘‘(3) P\nENSION STABILIZATION DISREGARDED .— \nFor purposes of this section, the segment rates used in determining the funding target and funding target attainment percentage shall be determined by not taking into account any ad-justment under section 302(h)((2)(C)(iv).’’. \n(c) E\nFFECTIVE DATE.— \n(1) I N GENERAL .—The amendments made by \nthis section shall apply with respect to plan years beginning after December 31, 2011. \n(2) R\nULES WITH RESPECT TO ELECTIONS .— \n(A) A DJUSTED FUNDING TARGET ATTAINMENT \nPERCENTAGE .—A plan sponsor may elect not to \nhave the amendments made by this section apply to any plan year beginning before Janu-ary 1, 2013, either (as specified in the election)— \n(i) for all purposes for which such amend-\nments apply, or \n(ii) solely for purposes of determining the ad-\njusted funding target attainment percentage under sections 436 of the Internal Revenue Code of 1986 and 206(g) of the Employee Retirement Income Security Act of 1974 for such plan year. \nA plan shall not be treated as failing to meet the \nrequirements of sections 204(g) of such Act and 411(d)(6) of such Code solely by reason of an election under this paragraph. \n(B) O\nPT OUT OF EXISTING ELECTIONS .—If, on \nthe date of the enactment of this Act, an elec-tion is in effect with respect to any plan under sections 303(h)((2)(D)(ii) of the Employee Retire-ment Income Security Act of 1974 and 430(h)((2)(D)(ii) of the Internal Revenue Code of 1986, then, notwithstanding the last sentence of each such section, the plan sponsor may revoke such election without the consent of the Sec-retary of the Treasury. The plan sponsor may make such revocation at any time before the date which is 1 year after such date of enact-ment and such revocation shall be effective for the 1st plan year to which the amendments made by this section apply and all subsequent plan years. Nothing in this subparagraph shall preclude a plan sponsor from making a subse-quent election in accordance with such sections. \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00387 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4546 June 28, 2012 \nPART II—PBGC PREMIUMS \nSEC. 40221. SINGLE EMPLOYER PLAN ANNUAL \nPREMIUM RATES. \n(a) F LAT-RATE PREMIUM .— \n(1) I N GENERAL .—Clause (i) of section \n4006(a)(3)(A) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1306(a)(3)(A)) is amended to read as follows: \n‘‘(i) in the case of a single-employer plan, an \namount for each individual who is a participant in such plan during the plan year equal to the sum of the additional premium (if any) deter-mined under subparagraph (E) and— \n‘‘(I) for plan years beginning after December \n31, 2005, and before January 1, 2013, $30; \n‘‘(II) for plan years beginning after December \n31, 2012, and before January 1, 2014, $42; and \n‘‘(III) for plan years beginning after December \n31, 2013, $49.’’. \n(2) A\nDJUSTMENT FOR INFLATION .—Subpara-\ngraph (F) of section 4006(a)(3) of such Act (29 U.S.C. 1306(a)(3)) is amended— \n(A) in clause (i)(II), by inserting ‘‘(2012 in the \ncase of plan years beginning after calendar year 2014)’’ after ‘‘2004’’; and \n(B) by adding at the end the following new \nsentence: ‘‘This subparagraph shall not apply to plan years beginning in 2013 or 2014.’’. \n(b) V\nARIABLE -RATE PREMIUM .— \n(1) I N GENERAL .—Subparagraph (E)(ii) of sec-\ntion 4006(a)(3) of the Employee Retirement In-come Security Act of 1974 (29 U.S.C. 1306(a)(3)) is amended by striking ‘‘$9.00’’ and inserting ‘‘the applicable dollar amount under paragraph (8)’’. \n(2) A\nPPLICABLE DOLLAR AMOUNT .—Section \n4006(a) of such Act (29 U.S.C. 1306(a)) is amend-ed by adding at the end the following: \n‘‘(8) A\nPPLICABLE DOLLAR AMOUNT FOR VARI -\nABLE RATE PREMIUM .—For purposes of para-\ngraph (3)(E)(ii)— \n‘‘(A) I N GENERAL .—Except as provided in sub-\nparagraphs (B) and (C), the applicable dollar amount shall be— \n‘‘(i) $9 for plan years beginning in a calendar \nyear before 2015; \n‘‘(ii) for plan years beginning in calendar \nyear 2015, the amount in effect for plan years beginning in 2014 (determined after application of subparagraph (C)); and \n‘‘(iii) for plan years beginning after calendar \nyear 2015, the amount in effect for plan years beginning in 2015 (determined after application of subparagraph (C)). \n‘‘(B) A\nDJUSTMENT FOR INFLATION .—For each \nplan year beginning in a calendar year after 2012, there shall be substituted for the applica-ble dollar amount specified under subparagraph (A) an amount equal to the greater of— \n‘‘(i) the product derived by multiplying such \napplicable dollar amount for plan years begin-ning in that calendar year by the ratio of— \n‘‘(I) the national average wage index (as de-\nfined in section 209(k)(1) of the Social Security Act) for the first of the 2 calendar years pre-ceding the calendar year in which such plan year begins, to \n‘‘(II) the national average wage index (as so \ndefined) for the base year; and \n‘‘(ii) such applicable dollar amount in effect \nfor plan years beginning in the preceding cal-endar year. \nIf the amount determined under this subpara-\ngraph is not a multiple of $1, such product shall be rounded to the nearest multiple of $1. \n‘‘(C) A\nDDITIONAL INCREASE IN 2014 AND 2015 .— \nThe applicable dollar amount determined under subparagraph (A) (after the application of sub-paragraph (B)) shall be increased— \n‘‘(i) in the case of plan years beginning in cal-\nendar year 2014, by $4; and \n‘‘(ii) in the case of plan years beginning in \ncalendar year 2015, by $5. \n‘‘(D) B\nASE YEAR .—For purposes of subpara-\ngraph (B), the base year is— \n‘‘(i) 2010, in the case of plan years beginning \nin calendar year 2013 or 2014; ‘‘(ii) 2012, in the case of plan years beginning \nin calendar year 2015; and \n‘‘(iii) 2013, in the case of plan years beginning \nafter calendar year 2015.’’. \n(3) C AP.— \n(A) I N GENERAL .—Subparagraph (E)(i) of sec-\ntion 4006(a)(3) of such Act (29 U.S.C. 1306(a)(3)) is amended by striking ‘‘for any plan year shall be’’ and all that follows through the end and in-serting the following ‘‘for any plan year— \n‘‘(I) shall be an amount equal to the amount \ndetermined under clause (ii) divided by the num-ber of participants in such plan as of the close of the preceding plan year; and \n‘‘(II) in the case of plan years beginning in a \ncalendar year after 2012, shall not exceed $400.’’. \n(B) A\nDJUSTMENT FOR INFLATION .—Paragraph \n(3) of section 4006(a) of such Act (29 U.S.C. 1306(a)(3)), as amended by this Act, is amended by adding at the end the following: \n‘‘(J) For each plan year beginning in a cal-\nendar year after 2013, there shall be substituted for the dollar amount specified in subclause (II) of subparagraph (E)(i) an amount equal to the greater of— \n‘‘(i) the product derived by multiplying such \ndollar amount by the ratio of— \n‘‘(I) the national average wage index (as de-\nfined in section 209(k)(1) of the Social Security Act) for the first of the 2 calendar years pre-ceding the calendar year in which such plan year begins, to \n‘‘(II) the national average wage index (as so \ndefined) for 2011; and \n‘‘(ii) such dollar amount for plan years begin-\nning in the preceding calendar year. \nIf the amount determined under this subpara-\ngraph is not a multiple of $1, such product shall be rounded to the nearest multiple of $1.’’. \nSEC. 40222. MULTIEMPLOYER ANNUAL PREMIUM \nRATES. \n(a) I NGENERAL .—Subparagraph (A) of section \n4006(a)(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1306(a)(3)) is amended— \n(1) by inserting ‘‘and before January 1, 2013,’’ \nafter ‘‘December 31, 2005,’’ in clause (iv), \n(2) by striking ‘‘or’’ at the end of clause (iii), (3) by striking the period at the end of clause \n(iv) and inserting ‘‘, or’’, and \n(4) by adding at the end the following new \nclause: \n‘‘(v) in the case of a multiemployer plan, for \nplan years beginning after December 31, 2012, $12.00 for each individual who is a participant in such plan during the applicable plan year.’’. \n(b) I\nNFLATION ADJUSTMENT .—Paragraph (3) of \nsection 4006(a) of the Employee Retirement In-come Security Act of 1974 (29 U.S.C. 1306(a)(3)) is amended by adding at the end the following: \n‘‘(I) For each plan year beginning in a cal-\nendar year after 2013, there shall be substituted for the premium rate specified in clause (v) of subparagraph (A) an amount equal to the great-er of— \n‘‘(i) the product derived by multiplying the \npremium rate specified in clause (v) of subpara-graph (A) by the ratio of— \n‘‘(I) the national average wage index (as de-\nfined in section 209(k)(1) of the Social Security Act) for the first of the 2 calendar years pre-ceding the calendar year in which such plan year begins, to \n‘‘(II) the national average wage index (as so \ndefined) for 2011; and \n‘‘(ii) the premium rate in effect under clause \n(v) of subparagraph (A) for plan years begin-ning in the preceding calendar year. \nIf the amount determined under this subpara-\ngraph is not a multiple of $1, such product shall be rounded to the nearest multiple of $1.’’. \nPART III—IMPROVEMENTS OF PBGC \nSEC. 40231. PENSION BENEFIT GUARANTY COR-\nPORATION GOVERNANCE IMPROVE-MENT. \n(a) B OARD OF DIRECTORS OF THE PENSION \nBENEFIT GUARANTY CORPORATION .— (1) I N GENERAL .—Section 4002(d) of the Em-\nployee Retirement Income Security Act of 1974 (29 U.S.C. 1302(d)) is amended— \n(A) by striking ‘‘(d) The board of directors’’ \nand inserting ‘‘(d)(1) The board of directors’’; and \n(B) by adding at the end the following: ‘‘(2) A majority of the members of the board of \ndirectors in office shall constitute a quorum for the transaction of business. The vote of the ma-jority of the members present and voting at a meeting at which a quorum is present shall be the act of the board of directors. \n‘‘(3) Each member of the board of directors \nshall designate in writing an official, not below the level of Assistant Secretary, to serve as the voting representative of such member on the board. Such designation shall be effective until revoked or until a date or event specified there-in. Any such representative may refer for board action any matter under consideration by the designating board member, but such representa-tive shall not count toward establishment of a quorum as described under paragraph (2). \n‘‘(4) The Inspector General of the corporation \nshall report to the board of directors, and not less than twice a year, shall attend a meeting of the board of directors to provide a report on the activities and findings of the Inspector General, including with respect to monitoring and review of the operations of the corporation. \n‘‘(5) The General Counsel of the corporation \nshall— \n‘‘(A) serve as the secretary to the board of di-\nrectors, and advise such board as needed; and \n‘‘(B) have overall responsibility for all legal \nmatters affecting the corporation and provide the corporation with legal advice and opinions on all matters of law affecting the corporation, except that the authority of the General Counsel shall not extend to the Office of Inspector Gen-eral and the independent legal counsel of such Office. \n‘‘(6) Notwithstanding any other provision of \nthis Act, the Office of Inspector General and the legal counsel of such Office are independent of the management of the corporation and the General Counsel of the corporation. \n‘‘(7) The board of directors may appoint and \nfix the compensation of employees as may be re-quired to enable the board of directors to per-form its duties. The board of directors shall de-termine the qualifications and duties of such employees and may appoint and fix the com-pensation of experts and consultants in accord-ance with the provisions of section 3109 of title 5, United States Code.’’. \n(2) N\nUMBER OF MEETINGS ; PUBLIC AVAIL -\nABILITY .—Section 4002(e) of such Act (29 U.S.C. \n1302(e)) is amended— \n(A) by striking ‘‘The board’’ and inserting \n‘‘(1) The board’’; \n(B) by striking ‘‘the corporation.’’ and insert-\ning ‘‘the corporation, but in no case less than 4 times a year with not fewer than 2 members present. Not less than 1 meeting of the board of directors during each year shall be a joint meet-ing with the advisory committee under sub-section (h).’’; and \n(C) by adding at the end the following: ‘‘(2)(A) Except as provided in subparagraph \n(B), the chairman of the board of directors shall make available to the public the minutes from each meeting of the board of directors. \n‘‘(B) The minutes of a meeting of the board of \ndirectors, or a portion thereof, shall not be sub-ject to disclosure under subparagraph (A) if the chairman reasonably determines that such min-utes, or portion thereof, contain confidential employer information including information ob-tained under section 4010, information about the investment activities of the corporation, or in-formation regarding personnel decisions of the corporation. \n‘‘(C) The minutes of a meeting, or portion of \nthereof, exempt from disclosure pursuant to sub-paragraph (B) shall be exempt from disclosure under section 552(b) of title 5, United States \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00388 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4547 June 28, 2012 \nCode. For purposes of such section 552, this sub-\nparagraph shall be considered a statute de-scribed in subsection (b)(3) of such section 552.’’. \n(3) A\nDVISORY COMMITTEE .— \n(A) I SSUES CONSIDERED BY THE COMMITTEE .— \nSection 4002(h)(1) of such Act (29 U.S.C. 1302(h)(1)) is amended— \n(i) by striking ‘‘, and (D)’’ and inserting ‘‘, \n(D)’’; and \n(ii) by striking ‘‘time to time.’’ and inserting \n‘‘time to time, and (E) other issues as deter-mined appropriate by the advisory committee.’’. \n(B) J\nOINT MEETING .—Section 4002(h)(3) of such \nAct (29 U.S.C. 1302(h)(3)) is amended by adding at the end the following: ‘‘Not less than 1 meet-ing of the advisory committee during each year shall be a joint meeting with the board of direc-tors under subsection (e).’’. \n(b) A\nVOIDING CONFLICTS OF INTEREST .—Sec-\ntion 4002 of the Employee Retirement Income Se-curity Act of 1974 (29 U.S.C. 1302) is amended by adding at the end the following: \n‘‘(j) C\nONFLICTS OF INTEREST .— \n‘‘(1) I N GENERAL .—The Director of the cor-\nporation and each member of the board of direc-tors shall not participate in a decision of the corporation in which the Director or such mem-ber has a direct financial interest. The Director of the corporation shall not participate in any activities that would present a potential conflict of interest or appearance of a conflict of interest without approval of the board of directors. \n‘‘(2) E\nSTABLISHMENT OF POLICY .—The board of \ndirectors shall establish a policy that will inform the identification of potential conflicts of inter-ests of the members of the board of directors and mitigate perceived conflicts of interest of such members and the Director of the corporation.’’. \n(c) R\nISKMITIGATION .—Section 4002 of the Em-\nployee Retirement Income Security Act of 1974 (29 U.S.C. 1302), as amended by subsection (b), is further amended by adding at the end the fol-lowing: \n‘‘(k) R\nISKMANAGEMENT OFFICER .—The cor-\nporation shall have a risk management officer whose duties include evaluating and mitigating the risk that the corporation might experience. The individual in such position shall coordinate the risk management efforts of the corporation, explain risks and controls to senior management and the board of directors of the corporation, and make recommendations.’’. \n(d) D\nIRECTOR .—Section 4002(c) of the Em-\nployee Retirement Income Security Act of 1974 (29 U.S.C. 1302(c)) is amended to read as fol-lows: \n‘‘(c) The Director shall be accountable to the \nboard of directors. The Director shall serve for a term of 5 years unless removed by the President or the board of directors before the expiration of such 5-year term.’’. \n(e) S\nENSES OF CONGRESS .— \n(1) F ORMATION OF COMMITTEES .—It is the \nsense of Congress that the board of directors of the Pension Benefit Guaranty Corporation es-tablished under section 4002 of the Employee Re-tirement Income Security Act of 1974 (29 U.S.C. 1302), as amended by this section, should form committees, including an audit committee and an investment committee composed of not less than 2 members, to enhance the overall effec-tiveness of the board of directors. \n(2) A\nDVISORY COMMITTEE .—It is the sense of \nCongress that the advisory committee to the Pension Benefit Guaranty Corporation estab-lished under section 4002 of the Employee Re-tirement Income Security Act of 1974 (29 U.S.C. 1302), as amended by this section, should pro-vide to the board of directors of such corpora-tion policy recommendations regarding changes to the law that would be beneficial to the cor-poration or the voluntary private pension sys-tem. \n(f) S\nTUDY REGARDING GOVERNANCE STRUC-\nTURES .— \n(1) I N GENERAL .—Not later than 90 days after \nthe date of enactment of this Act, the Pension Benefit Guaranty Corporation shall enter into a contract with the National Academy of Public \nAdministration to conduct the study described in paragraph (2) with respect to the Pension Benefit Guaranty Corporation. \n(2) C\nONTENT OF STUDY .—The study conducted \nunder paragraph (1) shall include— \n(A) a review of the governance structures of \ngovernmental and nongovernmental organiza-tions that are analogous to the Pension Benefit Guaranty Corporation; and \n(B) recommendations regarding— (i) the ideal size and composition of the board \nof directors of the Pension Benefit Guaranty Corporation; \n(ii) procedures to select and remove members \nof such board; \n(iii) qualifications and term lengths of mem-\nbers of such board; and \n(iv) policies necessary to enhance Congres-\nsional oversight and transparency of such board and to mitigate potential conflicts of interest of the members of such board. \n(3) S\nUBMISSION TO CONGRESS .—Not later than \n1 year after the initiation of the study under paragraph (1), the National Academy of Public Administration shall submit the results of the study to the Committees on Health, Education, Labor, and Pensions and Finance of the Senate and the Committees on Education and the Workforce and Ways and Means of the House of Representatives. \nSEC. 40232. PARTICIPANT AND PLAN SPONSOR \nADVOCATE. \n(a) I NGENERAL .—Title IV of the Employee Re-\ntirement Income Security Act of 1974 (29 U.S.C. 1301 et seq.) is amended by inserting after sec-tion 4003 the following: \n‘‘SEC. 4004. PARTICIPANT AND PLAN SPONSOR \nADVOCATE. \n‘‘(a) I NGENERAL .—The board of directors of \nthe corporation shall select a Participant and Plan Sponsor Advocate from the candidates nominated by the advisory committee to the cor-poration under section 4002(h)(1) and without regard to the provisions of title 5, United States Code, relating to appointments in the competi-tive service or Senior Executive Service. \n‘‘(b) D\nUTIES .—The Participant and Plan \nSponsor Advocate shall— \n‘‘(1) act as a liaison between the corporation, \nsponsors of defined benefit pension plans in-sured by the corporation, and participants in pension plans trusteed by the corporation; \n‘‘(2) advocate for the full attainment of the \nrights of participants in plans trusteed by the corporation; \n‘‘(3) assist pension plan sponsors and partici-\npants in resolving disputes with the corporation; \n‘‘(4) identify areas in which participants and \nplan sponsors have persistent problems in deal-ings with the corporation; \n‘‘(5) to the extent possible, propose changes in \nthe administrative practices of the corporation to mitigate problems; \n‘‘(6) identify potential legislative changes \nwhich may be appropriate to mitigate problems; and \n‘‘(7) refer instances of fraud, waste, and \nabuse, and violations of law to the Office of the Inspector General of the corporation. \n‘‘(c) R\nEMOVAL .—If the Participant and Plan \nSponsor Advocate is removed from office or is transferred to another position or location with-in the corporation or the Department of Labor, the board of the directors of the corporation shall communicate in writing the reasons for any such removal or transfer to Congress not less than 30 days before the removal or transfer. Nothing in this subsection shall prohibit a per-sonnel action otherwise authorized by law, other than transfer or removal. \n‘‘(d) C\nOMPENSATION .—The annual rate of \nbasic pay for the Participant and Plan Sponsor Advocate shall be the same rate as the highest rate of basic pay established for the Senior Ex-ecutive Service under section 5382 of title 5, United States Code, or, if the board of directors of the corporation so determines, at a rate fixed \nunder section 9503 of such title. \n‘‘(e) A\nNNUAL REPORT .— \n‘‘(1) I N GENERAL .—Not later than December 31 \nof each calendar year, the Participant and Plan Sponsor Advocate shall report to the Health, Education, Labor, and Pensions Committee of the Senate, the Committee on Finance of the Senate, the Committee on Education and the Workforce of the House of Representatives, and the Committee on Ways and Means of the House of Representatives on the activities of the Office of the Participant and Plan Sponsor Advocate during the fiscal year ending during such cal-endar year. \n‘‘(2) C\nONTENT .—Each report submitted under \nparagraph (1) shall— \n‘‘(A) summarize the assistance requests re-\nceived from participants and plan sponsors and describe the activities, and evaluate the effec-tiveness, of the Participant and Plan Sponsor Advocate during the preceding year; \n‘‘(B) identify significant problems the Partici-\npant and Plan Sponsor Advocate has identified; \n‘‘(C) include specific legislative and regu-\nlatory changes to address the problems; and \n‘‘(D) identify any actions taken to correct \nproblems identified in any previous report. \n‘‘(3) C\nONCURRENT SUBMISSION .—The Partici-\npant and Plan Sponsor Advocate shall submit a copy of each report to the Secretary of Labor, the Director of the corporation, and any other appropriate official at the same time such report is submitted to the committees of Congress under paragraph (1).’’. \n(b) A\nDVISORY COMMITTEE NOMINATIONS .—Sec-\ntion 4002(h)(1) of the Employee Retirement In-come Security Act of 1974 (29 U.S.C.1302(h)(1)) is amended by adding at the end the following new sentence: ‘‘In the event of a vacancy or im-pending vacancy in the office of the Participant and Plan Sponsor Advocate established under section 4004, the Advisory Committee shall, in consultation with the Director of the corpora-tion and participant and plan sponsor advocacy groups, nominate at least two but no more than three individuals to serve as the Participant and Plan Sponsor Advocate.’’. \n(c) C\nLERICAL AMENDMENT .—The table of con-\ntents in section 1 of the Employee Retirement Income Security Act of 1974 is amended by in-serting after the item relating to section 4003 the following new item: \n‘‘4004. Participant and Plan Sponsor Advo-\ncate.’’. \nSEC. 40233. QUALITY CONTROL PROCEDURES FOR \nTHE PENSION BENEFIT GUARANTY CORPORATION. \n(a) A NNUAL PEERREVIEW OF INSURANCE MOD-\nELING SYSTEMS .—The Pension Benefit Guaranty \nCorporation shall contract with a capable agen-cy or organization that is independent from the Corporation, such as the Social Security Admin-istration, to conduct an annual peer review of the Corporation’s Single-Employer Pension In-surance Modeling System and the Corporation’s Multiemployer Pension Insurance Modeling Sys-tem. The board of directors of the Corporation shall designate the agency or organization with which any such contract is entered into. The first of such annual peer reviews shall be initi-ated no later than 3 months after the date of en-actment of this Act. \n(b) P\nOLICIES AND PROCEDURES RELATING TO \nTHEPOLICY , RESEARCH , ANDANALYSIS DEPART -\nMENT .—The Pension Benefit Guaranty Corpora-\ntion shall— \n(1) develop written quality review policies and \nprocedures for all modeling and actuarial work performed by the Corporation’s Policy, Re-search, and Analysis Department; and \n(2) conduct a record management review of \nsuch Department to determine what records must be retained as Federal records. \n(c) R\nEPORT RELATING TO OIG R ECOMMENDA -\nTIONS .—Not later than 2 months after the date \nof enactment of this Act, the Pension Benefit \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00389 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4548 June 28, 2012 \nGuaranty Corporation shall submit to Congress \na report, approved by the board of directors of the Corporation, setting forth a timetable for addressing the outstanding recommendations of the Office of the Inspector General relating to the Policy, Research, and Analysis Department and the Benefits Administration and Payment Department. \nSEC. 40234. LINE OF CREDIT REPEAL. \n(a) I NGENERAL .—Subsection (c) of section \n4005 of the Employee Retirement Income Secu-rity Act of 1974 (29 U.S.C. 1305) is repealed. \n(b) C\nONFORMING AMENDMENTS .— \n(1) Section 4005 of the Employee Retirement \nIncome Security Act of 1974 (29 U.S.C. 1305) is amended— \n(A) in subsection (b)— (i) paragraph (1)— (I) by striking subparagraph (A); and (II) by redesignating subparagraphs (B) \nthrough (G) as subparagraphs (A) through (F), respectively; \n(ii) in paragraph (2)— (I) by striking subparagraph (C); and (II) by redesignating subparagraphs (D) and \n(E) as subparagraphs (C) and (D), respectively; and \n(iii) in paragraph (3), by striking ‘‘but,’’ and \nall that follows through the end and inserting a period; and \n(B) in subsection (g)— (i) by striking paragraph (2); and (ii) by redesignating paragraph (3) as para-\ngraph (2). \n(2) Section 4402 of such Act (29 U.S.C. 1461) is \namended— \n(A) in subsection (c)(4)— (i) by striking subparagraph (C); and (ii) by redesignating subparagraph (D) as sub-\nparagraph (C); and \n(B) in subsection (d), by striking ‘‘or (D)’’. \nPART IV—TRANSFERS OF EXCESS \nPENSION ASSETS \nSEC. 40241. EXTENSION FOR TRANSFERS OF EX-\nCESS PENSION ASSETS TO RETIREE HEALTH ACCOUNTS. \n(a) I NGENERAL .—Paragraph (5) of section \n420(b) of the Internal Revenue Code of 1986 is amended by striking ‘‘December 31, 2013’’ and inserting ‘‘December 31, 2021’’. \n(b) C\nONFORMING ERISA A MENDMENTS .— \n(1) Sections 101(e)(3), 403(c)(1), and 408(b)(13) \nof the Employee Retirement Income Security Act of 1974 are each amended by striking ‘‘Pension Protection Act of 2006’’ and inserting ‘‘MAP- 21’’. \n(2) Section 408(b)(13) of such Act (29 U.S.C. \n1108(b)(13)) is amended by striking ‘‘January 1, 2014’’ and inserting ‘‘January 1, 2022’’. \n(c) E\nFFECTIVE DATE.—The amendments made \nby this Act shall take effect on the date of the enactment of this Act. \nSEC. 40242. TRANSFER OF EXCESS PENSION AS-\nSETS TO RETIREE GROUP TERM LIFE INSURANCE ACCOUNTS. \n(a) I NGENERAL .—Subsection (a) of section 420 \nof the Internal Revenue Code of 1986 is amended by inserting ‘‘, or an applicable life insurance account,’’ after ‘‘health benefits account’’. \n(b) A\nPPLICABLE LIFEINSURANCE ACCOUNT DE-\nFINED .— \n(1) I N GENERAL .—Subsection (e) of section 420 \nof the Internal Revenue Code of 1986 is amended by redesignating paragraphs (4) and (5) as para-graphs (5) and (6), respectively, and by inserting after paragraph (3) the following new para-graph: \n‘‘(4) A\nPPLICABLE LIFE INSURANCE ACCOUNT .— \nThe term ‘applicable life insurance account’ means a separate account established and main-tained for amounts transferred under this sec-tion for qualified current retiree liabilities based on premiums for applicable life insurance bene-fits.’’. \n(2) A\nPPLICABLE LIFE INSURANCE BENEFITS DE -\nFINED .—Paragraph (1) of section 420(e) of such \nCode is amended by redesignating subparagraph (D) as subparagraph (E) and by inserting after \nsubparagraph (C) the following new subpara-graph: \n‘‘(D) A\nPPLICABLE LIFE INSURANCE BENEFITS .— \nThe term ‘applicable life insurance benefits’ means group-term life insurance coverage pro-vided to retired employees who, immediately be-fore the qualified transfer, are entitled to receive such coverage by reason of retirement and who are entitled to pension benefits under the plan, but only to the extent that such coverage is pro-vided under a policy for retired employees and the cost of such coverage is excludable from the retired employee’s gross income under section 79.’’. \n(3) C\nOLLECTIVELY BARGAINED LIFE INSURANCE \nBENEFITS DEFINED .— \n(A) I N GENERAL .—Paragraph (6) of section \n420(f) of such Code is amended by redesignating subparagraph (D) as subparagraph (E) and by inserting after subparagraph (C) the following new subparagraph: \n‘‘(D) C\nOLLECTIVELY BARGAINED LIFE INSUR -\nANCE BENEFITS .—The term ‘collectively bar-\ngained life insurance benefits’ means, with re-spect to any collectively bargained transfer— \n‘‘(i) applicable life insurance benefits which \nare provided to retired employees who, imme-diately before the transfer, are entitled to re-ceive such benefits by reason of retirement, and \n‘‘(ii) if specified by the provisions of the col-\nlective bargaining agreement governing the transfer, applicable life insurance benefits which will be provided at retirement to employ-ees who are not retired employees at the time of the transfer.’’. \n(B) C\nONFORMING AMENDMENTS .— \n(i) Clause (i) of section 420(e)(1)(C) of such \nCode is amended by striking ‘‘upon retirement’’ and inserting ‘‘by reason of retirement’’. \n(ii) Subparagraph (C) of section 420(f)(6) of \nsuch Code is amended— \n(I) by striking ‘‘which are provided to’’ in the \nmatter preceding clause (i), \n(II) by inserting ‘‘which are provided to’’ be-\nfore ‘‘retired employees’’ in clause (i), \n(III) by striking ‘‘upon retirement’’ in clause \n(i) and inserting ‘‘by reason of retirement’’, and \n(IV) by striking ‘‘active employees who, fol-\nlowing their retirement,’’ and inserting ‘‘which will be provided at retirement to employees who are not retired employees at the time of the transfer and who’’. \n(c) M\nAINTENANCE OF EFFORT .— \n(1) I N GENERAL .—Subparagraph (A) of section \n420(c)(3) of the Internal Revenue Code of 1986 is amended by inserting ‘‘, and each group-term life insurance plan under which applicable life insurance benefits are provided,’’ after ‘‘health benefits are provided’’. \n(2) C\nONFORMING AMENDMENTS .— \n(A) Subparagraph (B) of section 420(c)(3) of \nsuch Code is amended— \n(i) by redesignating subclauses (I) and (II) of \nclause (i) as subclauses (II) and (III) of such clause, respectively, and by inserting before sub-clause (II) of such clause, as so redesignated, the following new subclause: \n‘‘(I) separately with respect to applicable \nhealth benefits and applicable life insurance benefits,’’, and \n(ii) by striking ‘‘for applicable health bene-\nfits’’ and all that follows in clause (ii) and in-serting ‘‘was provided during such taxable year for the benefits with respect to which the deter-mination under clause (i) is made.’’. \n(B) Subparagraph (C) of section 420(c)(3) of \nsuch Code is amended— \n(i) by inserting ‘‘for applicable health bene-\nfits’’ after ‘‘applied separately’’, and \n(ii) by inserting ‘‘, and separately for applica-\nble life insurance benefits with respect to indi-viduals age 65 or older at any time during the taxable year and with respect to individuals under age 65 during the taxable year’’ before the period. \n(C) Subparagraph (E) of section 420(c)(3) of \nsuch Code is amended— (i) in clause (i), by inserting ‘‘or retiree life in-\nsurance coverage, as the case may be,’’ after ‘‘retiree health coverage’’, \n(ii) in clause (ii), by inserting ‘‘\nFOR RETIREE \nHEALTH COVERAGE ’’ after ‘‘ COST REDUCTIONS ’’ in \nthe heading thereof, and \n(iii) in clause (ii)(II), by inserting ‘‘with re-\nspect to applicable health benefits’’ after ‘‘liabil-ities of the employer’’. \n(D) Paragraph (2) of section 420(f) of such \nCode is amended by striking ‘‘collectively bar-gained retiree health liabilities’’ each place it occurs and inserting ‘‘collectively bargained re-tiree liabilities’’. \n(E) Clause (i) of section 420(f)(2)(D) of such \nCode is amended— \n(i) by inserting ‘‘, and each group-term life in-\nsurance plan or arrangement under which ap-plicable life insurance benefits are provided,’’ in subclause (I) after ‘‘applicable health benefits are provided’’, \n(ii) by inserting ‘‘or applicable life insurance \nbenefits, as the case may be,’’ in subclause (I) after ‘‘provides applicable health benefits’’, \n(iii) by striking ‘‘group health’’ in subclause \n(II), and \n(iv) by inserting ‘‘or collectively bargained life \ninsurance benefits’’ in subclause (II) after ‘‘col-lectively bargained health benefits’’. \n(F) Clause (ii) of section 420(f)(2)(D) of such \nCode is amended— \n(i) by inserting ‘‘with respect to applicable \nhealth benefits or applicable life insurance ben-efits’’ after ‘‘requirements of subsection (c)(3)’’, and \n(ii) by adding at the end the following: ‘‘Such \nelection may be made separately with respect to applicable health benefits and applicable life in-surance benefits. In the case of an election with respect to applicable life insurance benefits, the first sentence of this clause shall be applied as if subsection (c)(3) as in effect before the amend-ments made by such Act applied to such bene-fits.’’. \n(G) Clause (iii) of section 420(f)(2)(D) of such \nCode is amended— \n(i) by striking ‘‘retiree’’ each place it occurs, \nand \n(ii) by inserting ‘‘, collectively bargained life \ninsurance benefits, or both, as the case may be,’’ after ‘‘health benefits’’ each place it occurs. \n(d) C\nOORDINATION WITHSECTION 79.—Section \n79 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: \n‘‘(f) E\nXCEPTION FOR LIFEINSURANCE PUR-\nCHASED IN CONNECTION WITHQUALIFIED TRANS-\nFER OF EXCESS PENSION ASSETS .—Subsection \n(b)(3) and section 72(m)(3) shall not apply in the case of any cost paid (whether directly or indi-rectly) with assets held in an applicable life in-surance account (as defined in section 420(e)(4)) under a defined benefit plan.’’. \n(e) C\nONFORMING AMENDMENTS .— \n(1) Section 420 of the Internal Revenue Code \nof 1986 is amended by striking ‘‘qualified cur-rent retiree health liabilities’’ each place it ap-pears and inserting ‘‘qualified current retiree li-abilities’’. \n(2) Section 420 of such Code is amended by in-\nserting ‘‘, or an applicable life insurance ac-count,’’ after ‘‘a health benefits account’’ each place it appears in subsection (b)(1)(A), sub-paragraphs (A), (B)(i), and (C) of subsection (c)(1), subsection (d)(1)(A), and subsection (f)(2)(E)(ii). \n(3) Section 420(b) of such Code is amended— (A) by adding the following at the end of \nparagraph (2)(A): ‘‘If there is a transfer from a defined benefit plan to both a health benefits account and an applicable life insurance ac-count during any taxable year, such transfers shall be treated as 1 transfer for purposes of this paragraph.’’, and \n(B) by inserting ‘‘to an account’’ after ‘‘may \nbe transferred’’ in paragraph (3). \n(4) The heading for section 420(c)(1)(B) of \nsuch Code is amended by inserting ‘‘\nOR LIFE IN -\nSURANCE ’’ after ‘‘ HEALTH BENEFITS ’’. \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00390 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4549 June 28, 2012 \n(5) Paragraph (1) of section 420(e) of such \nCode is amended— \n(A) by inserting ‘‘and applicable life insur-\nance benefits’’ in subparagraph (A) after ‘‘ap-plicable health benefits’’, and \n(B) by striking ‘‘\nHEALTH ’’ in the heading \nthereof. \n(6) Subparagraph (B) of section 420(e)(1) of \nsuch Code is amended— \n(A) in the matter preceding clause (i), by in-\nserting ‘‘(determined separately for applicable health benefits and applicable life insurance benefits)’’ after ‘‘shall be reduced by the amount’’, \n(B) in clause (i), by inserting ‘‘or applicable \nlife insurance accounts’’ after ‘‘health benefit accounts’’, and \n(C) in clause (i), by striking ‘‘qualified current \nretiree health liability’’ and inserting ‘‘qualified current retiree liability’’. \n(7) The heading for subsection (f) of section \n420 of such Code is amended by striking ‘‘\nHEALTH ’’ each place it occurs. \n(8) Subclause (II) of section 420(f)(2)(B)(ii) of \nsuch Code is amended by inserting ‘‘or applica-ble life insurance account, as the case may be,’’ after ‘‘health benefits account’’. \n(9) Subclause (III) of section 420(f)(2)(E)(i) of \nsuch Code is amended— \n(A) by inserting ‘‘defined benefit’’ before \n‘‘plan maintained by an employer’’, and \n(B) by inserting ‘‘health’’ before ‘‘benefit \nplans maintained by the employer’’. \n(10) Paragraphs (4) and (6) of section 420(f) of \nsuch Code are each amended by striking ‘‘collec-tively bargained retiree health liabilities’’ each place it occurs and inserting ‘‘collectively bar-gained retiree liabilities’’. \n(11) Subparagraph (A) of section 420(f)(6) of \nsuch Code is amended— \n(A) in clauses (i) and (ii), by inserting ‘‘, in \nthe case of a transfer to a health benefits ac-count,’’ before ‘‘his covered spouse and depend-ents’’, and \n(B) in clause (ii), by striking ‘‘health plan’’ \nand inserting ‘‘plan’’. \n(12) Subparagraph (B) of section 420(f)(6) of \nsuch Code is amended— \n(A) in clause (i), by inserting ‘‘, and collec-\ntively bargained life insurance benefits,’’ after ‘‘collectively bargained health benefits’’, \n(B) in clause (ii)— (i) by adding at the end the following: ‘‘The \npreceding sentence shall be applied separately for collectively bargained health benefits and collectively bargained life insurance benefits.’’, and \n(ii) by inserting ‘‘, applicable life insurance \naccounts,’’ after ‘‘health benefit accounts’’, and \n(C) by striking ‘‘\nHEALTH ’’ in the heading \nthereof. \n(13) Subparagraph (E) of section 420(f)(6) of \nsuch Code, as redesignated by subsection (b), is amended— \n(A) by striking ‘‘bargained health’’ and in-\nserting ‘‘bargained’’, \n(B) by inserting ‘‘, or a group-term life insur-\nance plan or arrangement for retired employ-ees,’’ after ‘‘dependents’’, and \n(C) by striking ‘‘\nHEALTH ’’ in the heading \nthereof. \n(14) Section 101(e) of the Employee Retirement \nIncome Security Act of 1974 (29 U.S.C. 1021(e)) is amended— \n(A) in paragraphs (1) and (2), by inserting ‘‘or \napplicable life insurance account’’ after ‘‘health benefits account’’ each place it appears, and \n(B) in paragraph (1), by inserting ‘‘or applica-\nble life insurance benefit liabilities’’ after ‘‘health benefits liabilities’’. \n(f) T\nECHNICAL CORRECTION .—Clause (iii) of \nsection 420(f)(6)(B) of the Internal Revenue Code of 1986 is amended by striking ‘‘416(I)(1)’’ and inserting ‘‘416(i)(1)’’. \n(g) R\nEPEAL OF DEADWOOD .— \n(1) Subparagraph (A) of section 420(b)(1) of \nthe Internal Revenue Code of 1986 is amended by striking ‘‘in a taxable year beginning after December 31, 1990’’. (2) Subsection (b) of section 420 of such Code \nis amended by striking paragraph (4) and by re-designating paragraph (5), as amended by this Act, as paragraph (4). \n(3) Paragraph (2) of section 420(b) of such \nCode, as amended by this section, is amended— \n(A) by striking subparagraph (B), and (B) by striking ‘‘\nPER YEAR .—’’ and all that \nfollows through ‘‘No more than’’ and inserting ‘‘\nPER YEAR .—No more than’’. \n(4) Paragraph (2) of section 420(c) of such \nCode is amended— \n(A) by striking subparagraph (B), (B) by moving subparagraph (A) two ems to \nthe left, and \n(C) by striking ‘‘\nBEFORE TRANSFER .—’’ and all \nthat follows through ‘‘The requirements of this paragraph’’ and inserting the following: ‘‘\nBE-\nFORE TRANSFER .—The requirements of this para-\ngraph’’. \n(5) Paragraph (2) of section 420(d) of such \nCode is amended by striking ‘‘after December 31, 1990’’. \n(h) E\nFFECTIVE DATE.— \n(1) I N GENERAL .—The amendments made by \nthis section shall apply to transfers made after the date of the enactment of this Act. \n(2) C\nONFORMING AMENDMENTS RELATING TO \nPENSION PROTECTION ACT .—The amendments \nmade by subsections (b)(3)(B) and (f) shall take effect as if included in the amendments made by section 841(a) of the Pension Protection Act of 2006. \nSubtitle C—Additional Transfers to Highway \nTrust Fund \nSEC. 40251. ADDITIONAL TRANSFERS TO HIGH-\nWAY TRUST FUND. \nSubsection (f) of section 9503 of the Internal \nRevenue Code of 1986, as amended by this Act, is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph: \n‘‘(4) A\nDDITIONAL APPROPRIATIONS TO TRUST \nFUND .—Out of money in the Treasury not other-\nwise appropriated, there is hereby appropriated to— \n‘‘(A) the Highway Account (as defined in sub-\nsection (e)(5)(B)) in the Highway Trust Fund— \n‘‘(i) for fiscal year 2013, $6,200,000,000, and \n‘‘(ii) for fiscal year 2014, $10,400,000,000, and ‘‘(B) the Mass Transit Account in the High-\nway Trust Fund, for fiscal year 2014, $2,200,000,000.’’. \nDIVISION E—RESEARCH AND EDUCATION \nSEC. 50001. SHORT TITLE. \nThis division may be cited as the ‘‘Transpor-\ntation Research and Innovative Technology Act of 2012’’. \nTITLE I—FUNDING \nSEC. 51001. AUTHORIZATION OF APPROPRIA-\nTIONS. \n(a) I NGENERAL .—The following amounts are \nauthorized to be appropriated out of the High-way Trust Fund (other than the Mass Transit Account): \n(1) H\nIGHWAY RESEARCH AND DEVELOPMENT \nPROGRAM .—To carry out sections 503(b), 503(d), \nand 509 of title 23, United States Code, $115,000,000 for each of fiscal years 2013 and 2014. \n(2) T\nECHNOLOGY AND INNOVATION DEPLOYMENT \nPROGRAM .—To carry out section 503(c) of title \n23, United States Code, $62,500,000 for each of fiscal years 2013 and 2014. \n(3) T\nRAINING AND EDUCATION .—To carry out \nsection 504 of title 23, United States Code, $24,000,000 for each of fiscal years 2013 and 2014. \n(4) I\nNTELLIGENT TRANSPORTATION SYSTEMS \nPROGRAM .—To carry out sections 512 through \n518 of title 23, United States Code, $100,000,000 for each of fiscal years 2013 and 2014. \n(5) U\nNIVERSITY TRANSPORTATION CENTERS PRO -\nGRAM .—To carry out section 5505 of title 49, \nUnited States Code, $72,500,000 for each of fiscal years 2013 and 2014. \n(6) B\nUREAU OF TRANSPORTATION STATISTICS .— \nTo carry out chapter 63 of title 49, United States Code, $26,000,000 for each of fiscal years 2013 \nand 2014. \n(b) A PPLICABILITY OF TITLE 23, U NITED \nSTATES CODE.—Funds authorized to be appro-\npriated by subsection (a) shall— \n(1) be available for obligation in the same \nmanner as if those funds were apportioned under chapter 1 of title 23, United States Code, except that the Federal share of the cost of a project or activity carried out using those funds shall be 80 percent, unless otherwise expressly provided by this Act (including the amendments by this Act) or otherwise determined by the Sec-retary; and \n(2) remain available until expended and not \nbe transferable. \nTITLE II—RESEARCH, TECHNOLOGY, AND \nEDUCATION \nSEC. 52001. RESEARCH, TECHNOLOGY, AND EDU-\nCATION. \nSection 501 of title 23, United States Code, is \namended— \n(1) by redesignating paragraph (2) as para-\ngraph (8); \n(2) by inserting after paragraph (1) the fol-\nlowing: \n‘‘(2) I NCIDENT .—The term ‘incident’ means a \ncrash, natural disaster, workzone activity, spe-cial event, or other emergency road user occur-rence that adversely affects or impedes the nor-mal flow of traffic. \n‘‘(3) I\nNNOVATION LIFECYCLE .—The term ‘inno-\nvation lifecycle’ means the process of innovating through— \n‘‘(A) the identification of a need; ‘‘(B) the establishment of the scope of re-\nsearch to address that need; \n‘‘(C) setting an agenda; ‘‘(D) carrying out research, development, de-\nployment, and testing of the resulting tech-nology or innovation; and \n‘‘(E) carrying out an evaluation of the costs \nand benefits of the resulting technology or inno-vation. \n‘‘(4) I\nNTELLIGENT TRANSPORTATION INFRA -\nSTRUCTURE .—The term ‘intelligent transpor-\ntation infrastructure’ means fully integrated public sector intelligent transportation system components, as defined by the Secretary. \n‘‘(5) I\nNTELLIGENT TRANSPORTATION SYSTEM .— \nThe terms ‘intelligent transportation system’ and ‘ITS’ mean electronics, photonics, commu-nications, or information processing used singly or in combination to improve the efficiency or safety of a surface transportation system. \n‘‘(6) N\nATIONAL ARCHITECTURE .—For purposes \nof this chapter, the term ‘national architecture’ means the common framework for interoper-ability that defines— \n‘‘(A) the functions associated with intelligent \ntransportation system user services; \n‘‘(B) the physical entities or subsystems with-\nin which the functions reside; \n‘‘(C) the data interfaces and information \nflows between physical subsystems; and \n‘‘(D) the communications requirements associ-\nated with the information flows. \n‘‘(7) P\nROJECT .—The term ‘project’ means an \nundertaking to research, develop, or operation-ally test intelligent transportation systems or any other undertaking eligible for assistance under this chapter.’’; and \n(3) by inserting after paragraph (8) (as so re-\ndesignated) the following: \n‘‘(9) S\nTANDARD .—The term ‘standard’ means a \ndocument that— \n‘‘(A) contains technical specifications or other \nprecise criteria for intelligent transportation systems that are to be used consistently as rules, guidelines, or definitions of characteristics so as to ensure that materials, products, processes, and services are fit for the intended purposes of the materials, products, processes, and services; and \n‘‘(B) may support the national architecture \nand promote— \n‘‘(i) the widespread use and adoption of intel-\nligent transportation system technology as a \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00391 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4550 June 28, 2012 \ncomponent of the surface transportation systems \nof the United States; and \n‘‘(ii) interoperability among intelligent trans-\nportation system technologies implemented throughout the States.’’. \nSEC. 52002. SURFACE TRANSPORTATION RE-\nSEARCH, DEVELOPMENT, AND TECH-NOLOGY. \n(a) S URFACE TRANSPORTATION RESEARCH , DE-\nVELOPMENT , AND TECHNOLOGY .—Section 502 of \ntitle 23, United States Code, is amended— \n(1) in the section heading by inserting ‘‘ , DE-\nVELOPMENT, AND TECHNOLOGY ’’ after \n‘‘SURFACE TRANSPORTATION RE-\nSEARCH ’’; \n(2) in subsection (a)— (A) by redesignating paragraphs (1) through \n(8) as paragraphs (2) through (9), respectively; \n(B) by inserting before paragraph (2) (as re-\ndesignated by subparagraph (A)) the following: \n‘‘(1) A\nPPLICABILITY .—The research, develop-\nment, and technology provisions of this section shall apply throughout this chapter.’’; \n(C) in paragraph (2) (as redesignated by sub-\nparagraph (A))— \n(i) by inserting ‘‘within the innovation \nlifecycle’’ after ‘‘activities’’; and \n(ii) by inserting ‘‘communications, impact \nanalysis,’’ after ‘‘training,’’; \n(D) in paragraph (3) (as redesignated by sub-\nparagraph (A))— \n(i) in subparagraph (B) by striking ‘‘supports \nresearch in which there is a clear public benefit and’’ and inserting ‘‘delivers a clear public ben-efit and occurs where’’; \n(ii) in subparagraph (C) by striking ‘‘or’’ after \nthe semicolon; \n(iii) by redesignating subparagraph (D) as \nsubparagraph (I); and \n(iv) by inserting after subparagraph (C) the \nfollowing: \n‘‘(D) meets and addresses current or emerging \nneeds; \n‘‘(E) addresses current gaps in research; ‘‘(F) presents the best means to align re-\nsources with multiyear plans and priorities; \n‘‘(G) ensures the coordination of highway re-\nsearch and technology transfer activities, in-cluding through activities performed by univer-sity transportation centers; \n‘‘(H) educates transportation professionals; \nor’’; \n(E) in paragraph (4) (as redesignated by sub-\nparagraph (A)) by striking subparagraphs (B) through (D) and inserting the following: \n‘‘(B) partner with State highway agencies and \nother stakeholders as appropriate to facilitate research and technology transfer activities; \n‘‘(C) communicate the results of ongoing and \ncompleted research; \n‘‘(D) lead efforts to coordinate national em-\nphasis areas of highway research, technology, and innovation deployment; \n‘‘(E) leverage partnerships with industry, aca-\ndemia, international entities, and State depart-ments of transportation; \n‘‘(F) lead efforts to reduce unnecessary dupli-\ncation of effort; and \n‘‘(G) lead efforts to accelerate innovation de-\nlivery.’’; \n(F) in paragraph (5)(C) (as redesignated by \nsubparagraph (A)) by striking ‘‘policy and plan-ning’’ and inserting ‘‘all highway objectives seeking to improve the performance of the trans-portation system’’; \n(G) in paragraph (6) (as redesignated by sub-\nparagraph (A)) in the second sentence, by in-serting ‘‘tribal governments,’’ after ‘‘local gov-ernments,’’; \n(H) in paragraph (8) (as redesignated by sub-\nparagraph (A))— \n(i) in the first sentence, by striking ‘‘To the \nmaximum’’ and inserting the following: \n‘‘(A) I\nN GENERAL .—To the maximum’’; \n(ii) in the second sentence, by striking ‘‘Per-\nformance measures’’ and inserting the fol-lowing: \n‘‘(B) P\nERFORMANCE MEASURES .—Performance \nmeasures’’; (iii) in the third sentence, by striking ‘‘All \nevaluations’’ and inserting the following: \n‘‘(D) A VAILABILITY OF EVALUATIONS .—All \nevaluations under this paragraph’’; and \n(iv) by inserting after subparagraph (B) the \nfollowing: \n‘‘(C) P ROGRAM PLAN .—To the maximum extent \npracticable, each program pursued under this chapter shall be part of a data-driven, outcome- oriented program plan.’’; and \n(I) in paragraph (9) (as redesignated by sub-\nparagraph (A)), by striking ‘‘surface’’; \n(3) in subsection (b)— (A) in paragraph (4) by striking ‘‘surface \ntransportation research and technology develop-ment strategic plan developed under section 508’’ and inserting ‘‘transportation research and development strategic plan of the Secretary de-veloped under section 508’’; \n(B) in paragraph (5) by striking ‘‘section’’ \neach place it appears and inserting ‘‘chapter’’; \n(C) in paragraph (6) by adding at the end the \nfollowing: \n‘‘(C) T\nRANSFER OF AMOUNTS AMONG STATES OR \nTO FEDERAL HIGHWAY ADMINISTRATION .—The \nSecretary may, at the request of a State, trans-fer amounts apportioned or allocated to that State under this chapter to another State or the Federal Highway Administration to fund re-search, development, and technology transfer activities of mutual interest on a pooled funds basis. \n‘‘(D) T\nRANSFER OF OBLIGATION AUTHORITY .— \nObligation authority for amounts transferred under this subsection shall be disbursed in the same manner and for the same amount as pro-vided for the project being transferred.’’; and \n(D) by adding at the end the following: ‘‘(7) P\nRIZE COMPETITIONS .— \n‘‘(A) I N GENERAL .—The Secretary may use up \nto 1 percent of the funds made available under section 51001 of the Transportation Research and Innovative Technology Act of 2012 to carry out a program to competitively award cash prizes to stimulate innovation in basic and ap-plied research and technology development that has the potential for application to the national transportation system. \n‘‘(B) T\nOPICS .—In selecting topics for prize \ncompetitions under this paragraph, the Sec-retary shall— \n‘‘(i) consult with a wide variety of govern-\nmental and nongovernmental representatives; and \n‘‘(ii) give consideration to prize goals that \ndemonstrate innovative approaches and strate-gies to improve the safety, efficiency, and sus-tainability of the national transportation sys-tem. \n‘‘(C) A\nDVERTISING .—The Secretary shall en-\ncourage participation in the prize competitions through advertising efforts. \n‘‘(D) R\nEQUIREMENTS AND REGISTRATION .—For \neach prize competition, the Secretary shall pub-lish a notice on a public website that describes— \n‘‘(i) the subject of the competition; ‘‘(ii) the eligibility rules for participation in \nthe competition; \n‘‘(iii) the amount of the prize; and ‘‘(iv) the basis on which a winner will be se-\nlected. \n‘‘(E) E\nLIGIBILITY .—An individual or entity \nmay not receive a prize under this paragraph unless the individual or entity— \n‘‘(i) has registered to participate in the com-\npetition pursuant to any rules promulgated by the Secretary under this section; \n‘‘(ii) has complied with all requirements under \nthis paragraph; \n‘‘(iii)(I) in the case of a private entity, is in-\ncorporated in, and maintains a primary place of business in, the United States; or \n‘‘(II) in the case of an individual, whether \nparticipating singly or in a group, is a citizen or permanent resident of the United States; \n‘‘(iv) is not a Federal entity or Federal em-\nployee acting within the scope of his or her em-ployment; and ‘‘(v) has not received a grant to perform re-\nsearch on the same issue for which the prize is awarded. \n‘‘(F) L\nIABILITY .— \n‘‘(i) A SSUMPTION OF RISK .— \n‘‘(I) I N GENERAL .—A registered participant \nshall agree to assume any and all risks and waive claims against the Federal Government and its related entities, except in the case of willful misconduct, for any injury, death, dam-age, or loss of property, revenue, or profits, whether direct, indirect, or consequential, aris-ing from participation in a competition, whether such injury, death, damage, or loss arises through negligence or otherwise. \n‘‘(II) R\nELATED ENTITY .—In this subparagraph, \nthe term ‘related entity’ means a contractor, subcontractor (at any tier), supplier, user, cus-tomer, cooperating party, grantee, investigator, or detailee. \n‘‘(ii) F\nINANCIAL RESPONSIBILITY .—A partici-\npant shall obtain liability insurance or dem-onstrate financial responsibility, in amounts de-termined by the Secretary, for claims by— \n‘‘(I) a third party for death, bodily injury, or \nproperty damage, or loss resulting from an ac-tivity carried out in connection with participa-tion in a competition, with the Federal Govern-ment named as an additional insured under the registered participant’s insurance policy and registered participants agreeing to indemnify the Federal Government against third party claims for damages arising from or related to competition activities; and \n‘‘(II) the Federal Government for damage or \nloss to Government property resulting from such an activity. \n‘‘(G) J\nUDGES .— \n‘‘(i) S ELECTION .—Subject to clause (iii), for \neach prize competition, the Secretary, either di-rectly or through an agreement under subpara-graph (H), may appoint 1 or more qualified judges to select the winner or winners of the prize competition on the basis of the criteria de-scribed in subparagraph (D). \n‘‘(ii) S\nELECTION .—Judges for each competition \nshall include individuals from outside the Fed-eral Government, including the private sector. \n‘‘(iii) L\nIMITATIONS .—A judge selected under \nthis subparagraph may not— \n‘‘(I) have personal or financial interests in, or \nbe an employee, officer, director, or agent of, any entity that is a registered participant in a prize competition under this paragraph; or \n‘‘(II) have a familial or financial relationship \nwith an individual who is a registered partici-pant. \n‘‘(H) A\nDMINISTERING THE COMPETITION .—The \nSecretary may enter into an agreement with a private, nonprofit entity to administer the prize competition, subject to the provisions of this paragraph. \n‘‘(I) F\nUNDING .— \n‘‘(i) I N GENERAL .— \n‘‘(I) P RIVATE SECTOR FUNDING .—A cash prize \nunder this paragraph may consist of funds ap-propriated by the Federal Government and funds provided by the private sector. \n‘‘(II) G\nOVERNMENT FUNDING .—The Secretary \nmay accept funds from other Federal agencies, State and local governments, and metropolitan planning organizations for a cash prize under this paragraph. \n‘‘(III) N\nO SPECIAL CONSIDERATION .—The Sec-\nretary may not give any special consideration to any private sector entity in return for a dona-tion under this subparagraph. \n‘‘(ii) A\nVAILABILITY OF FUNDS .—Notwith-\nstanding any other provision of law, amounts appropriated for prize awards under this para-graph— \n‘‘(I) shall remain available until expended; \nand \n‘‘(II) may not be transferred, reprogrammed, \nor expended for other purposes until after the expiration of the 10-year period beginning on the last day of the fiscal year for which the funds were originally appropriated. \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00392 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4551 June 28, 2012 \n‘‘(iii) S AVINGS PROVISION .—Nothing in this \nsubparagraph may be construed to permit the obligation or payment of funds in violation of the Anti-Deficiency Act (31 U.S.C. 1341). \n‘‘(iv) P\nRIZE ANNOUNCEMENT .—A prize may not \nbe announced under this paragraph until all the funds needed to pay out the announced amount of the prize have been appropriated by a govern-mental source or committed to in writing by a private source. \n‘‘(v) P\nRIZE INCREASES .—The Secretary may in-\ncrease the amount of a prize after the initial an-nouncement of the prize under this paragraph if— \n‘‘(I) notice of the increase is provided in the \nsame manner as the initial notice of the prize; and \n‘‘(II) the funds needed to pay out the an-\nnounced amount of the increase have been ap-propriated by a governmental source or com-mitted to in writing by a private source. \n‘‘(vi) C\nONGRESSIONAL NOTIFICATION .—A prize \ncompetition under this paragraph may offer a prize in an amount greater than $1,000,000 only after 30 days have elapsed after written notice has been transmitted to the Committee on Com-merce, Science, and Transportation of the Sen-ate and the Committees on Transportation and Infrastructure and Science, Space, and Tech-nology of the House of Representatives. \n‘‘(vii) A\nWARD LIMIT .—A prize competition \nunder this section may not result in the award of more than $25,000 in cash prizes without the approval of the Secretary. \n‘‘(J) C\nOMPLIANCE WITH EXISTING LAW .—The \nFederal Government shall not, by virtue of of-fering or providing a prize under this para-graph, be responsible for compliance by reg-istered participants in a prize competition with Federal law, including licensing, export control, and non-proliferation laws, and related regula-tions. \n‘‘(K) N\nOTICE AND ANNUAL REPORT .— \n‘‘(i) I N GENERAL .—Not later than 30 days prior \nto carrying out an activity under subparagraph (A), the Secretary shall notify the Committees on Transportation and Infrastructure and Science, Space, and Technology of the House of Representatives and the Committees on Environ-ment and Public Works and Commerce, Science, and Transportation of the Senate of the intent to use such authority. \n‘‘(ii) R\nEPORTS .— \n‘‘(I) I N GENERAL .—The Secretary shall submit \nto the committees described in clause (i) on an annual basis a report on the activities carried out under subparagraph (A) in the preceding fiscal year if the Secretary exercised the author-ity under subparagraph (A) in that fiscal year. \n‘‘(II) I\nNFORMATION INCLUDED .—A report under \nthis subparagraph shall include, for each prize competition under subparagraph (A)— \n‘‘(aa) a description of the proposed goals of \nthe prize competition; \n‘‘(bb) an analysis of why the use of the au-\nthority under subparagraph (A) was the pref-erable method of achieving the goals described in item (aa) as opposed to other authorities available to the Secretary, such as contracts, grants, and cooperative agreements; \n‘‘(cc) the total amount of cash prizes awarded \nfor each prize competition, including a descrip-tion of the amount of private funds contributed to the program, the source of such funds, and the manner in which the amounts of cash prizes awarded and claimed were allocated among the accounts of the Department for recording as ob-ligations and expenditures; \n‘‘(dd) the methods used for the solicitation \nand evaluation of submissions under each prize competition, together with an assessment of the effectiveness of such methods and lessons learned for future prize competitions; \n‘‘(ee) a description of the resources, including \npersonnel and funding, used in the execution of each prize competition together with a detailed description of the activities for which such re-sources were used and an accounting of how funding for execution was allocated among the \naccounts of the agency for recording as obliga-tions and expenditures; and \n‘‘(ff) a description of how each prize competi-\ntion advanced the mission of the Department.’’; \n(4) in subsection (c)— (A) in paragraph (3)(A)— (i) by striking ‘‘subsection’’ and inserting \n‘‘chapter’’; and \n(ii) by striking ‘‘50’’ and inserting ‘‘80’’; and (B) in paragraph (4) by striking ‘‘subsection’’ \nand inserting ‘‘chapter’’; and \n(5) by striking subsections (d) through (j). (b) C\nONFORMING AMENDMENT .—The analysis \nfor chapter 5 of title 23, United States Code, is amended by striking the item relating to section 502 and inserting the following: \n‘‘502. Surface transportation research, develop-\nment, and technology.’’ \nSEC. 52003. RESEARCH AND TECHNOLOGY DEVEL-\nOPMENT AND DEPLOYMENT. \n(a) I NGENERAL .—Section 503 of title 23, \nUnited States Code, is amended to read as fol-lows: \n‘‘§ 503. Research and technology development \nand deployment \n‘‘(a) I\nNGENERAL .—The Secretary shall— \n‘‘(1) carry out research, development, and de-\nployment activities that encompass the entire in-novation lifecycle; and \n‘‘(2) ensure that all research carried out under \nthis section aligns with the transportation re-search and development strategic plan of the Secretary under section 508. \n‘‘(b) H\nIGHWAY RESEARCH AND DEVELOPMENT \nPROGRAM .— \n‘‘(1) O BJECTIVES .—In carrying out the high-\nway research and development program, the Secretary, to address current and emerging highway transportation needs, shall— \n‘‘(A) identify research topics; ‘‘(B) coordinate research and development ac-\ntivities; \n‘‘(C) carry out research, testing, and evalua-\ntion activities; and \n‘‘(D) provide technology transfer and tech-\nnical assistance. \n‘‘(2) I\nMPROVING HIGHWAY SAFETY .— \n‘‘(A) I N GENERAL .—The Secretary shall carry \nout research and development activities from an integrated perspective to establish and imple-ment systematic measures to improve highway safety. \n‘‘(B) O\nBJECTIVES .—In carrying out this para-\ngraph, the Secretary shall carry out research and development activities— \n‘‘(i) to achieve greater long-term safety gains; ‘‘(ii) to reduce the number of fatalities and se-\nrious injuries on public roads; \n‘‘(iii) to fill knowledge gaps that limit the ef-\nfectiveness of research; \n‘‘(iv) to support the development and imple-\nmentation of State strategic highway safety plans; \n‘‘(v) to advance improvements in, and use of, \nperformance prediction analysis for decision-making; and \n‘‘(vi) to expand technology transfer to part-\nners and stakeholders. \n‘‘(C) C\nONTENTS .—Research and technology ac-\ntivities carried out under this paragraph may include— \n‘‘(i) safety assessments and decisionmaking \ntools; \n‘‘(ii) data collection and analysis; ‘‘(iii) crash reduction projections; ‘‘(iv) low-cost safety countermeasures; ‘‘(v) innovative operational improvements and \ndesigns of roadway and roadside features; \n‘‘(vi) evaluation of countermeasure costs and \nbenefits; \n‘‘(vii) development of tools for projecting im-\npacts of safety countermeasures; \n‘‘(viii) rural road safety measures; ‘‘(ix) safety measures for vulnerable road \nusers, including bicyclists and pedestrians; \n‘‘(x) safety policy studies; ‘‘(xi) human factors studies and measures; \n‘‘(xii) safety technology deployment; ‘‘(xiii) safety workforce professional capacity \nbuilding initiatives; \n‘‘(xiv) safety program and process improve-\nments; and \n‘‘(xv) tools and methods to enhance safety \nperformance, including achievement of state-wide safety performance targets. \n‘‘(3) I\nMPROVING INFRASTRUCTURE INTEGRITY .— \n‘‘(A) I N GENERAL .—The Secretary shall carry \nout and facilitate highway and bridge infra-structure research and development activities— \n‘‘(i) to maintain infrastructure integrity; ‘‘(ii) to meet user needs; and ‘‘(iii) to link Federal transportation invest-\nments to improvements in system performance. \n‘‘(B) O\nBJECTIVES .—In carrying out this para-\ngraph, the Secretary shall carry out research and development activities— \n‘‘(i) to reduce the number of fatalities attrib-\nutable to infrastructure design characteristics and work zones; \n‘‘(ii) to improve the safety and security of \nhighway infrastructure; \n‘‘(iii) to increase the reliability of lifecycle \nperformance predictions used in infrastructure design, construction, and management; \n‘‘(iv) to improve the ability of transportation \nagencies to deliver projects that meet expecta-tions for timeliness, quality, and cost; \n‘‘(v) to reduce user delay attributable to infra-\nstructure system performance, maintenance, re-habilitation, and construction; \n‘‘(vi) to improve highway condition and per-\nformance through increased use of design, mate-rials, construction, and maintenance innova-tions; \n‘‘(vii) to reduce the environmental impacts of \nhighway infrastructure through innovations in design, construction, operation, preservation, and maintenance; and \n‘‘(viii) to study vulnerabilities of the transpor-\ntation system to seismic activities and extreme events and methods to reduce those vulnerabilities. \n‘‘(C) C\nONTENTS .—Research and technology ac-\ntivities carried out under this paragraph may include— \n‘‘(i) long-term infrastructure performance pro-\ngrams addressing pavements, bridges, tunnels, and other structures; \n‘‘(ii) short-term and accelerated studies of in-\nfrastructure performance; \n‘‘(iii) research to develop more durable infra-\nstructure materials and systems; \n‘‘(iv) advanced infrastructure design methods; ‘‘(v) accelerated highway and bridge construc-\ntion; \n‘‘(vi) performance-based specifications; ‘‘(vii) construction and materials quality as-\nsurance; \n‘‘(viii) comprehensive and integrated infra-\nstructure asset management; \n‘‘(ix) infrastructure safety assurance; ‘‘(x) sustainable infrastructure design and \nconstruction; \n‘‘(xi) infrastructure rehabilitation and preser-\nvation techniques, including techniques to reha-bilitate and preserve historic infrastructure; \n‘‘(xii) hydraulic, geotechnical, and aero-\ndynamic aspects of infrastructure; \n‘‘(xiii) improved highway construction tech-\nnologies and practices; \n‘‘(xiv) improved tools, technologies, and mod-\nels for infrastructure management, including as-sessment and monitoring of infrastructure con-dition; \n‘‘(xv) studies to improve flexibility and resil-\niency of infrastructure systems to withstand cli-mate variability; \n‘‘(xvi) studies on the effectiveness of fiber- \nbased additives to improve the durability of sur-face transportation materials in various geo-graphic regions; \n‘‘(xvii) studies of infrastructure resilience and \nother adaptation measures; \n‘‘(xviii) maintenance of seismic research ac-\ntivities, including research carried out in con-junction with other Federal agencies to study \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00393 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4552 June 28, 2012 \nthe vulnerability of the transportation system to \nseismic activity and methods to reduce that vul-nerability; and \n‘‘(xix) technology transfer and adoption of \npermeable, pervious, or porous paving materials, practices, and systems that are designed to mini-mize environmental impacts, stormwater runoff, and flooding and to treat or remove pollutants by allowing stormwater to infiltrate through the pavement in a manner similar to predevelopment hydrologic conditions. \n‘‘(D) L\nIFECYCLE COSTS ANALYSIS STUDY .— \n‘‘(i) I N GENERAL .—In this subparagraph, the \nterm ‘lifecycle costs analysis’ means a process for evaluating the total economic worth of a us-able project segment by analyzing initial costs and discounted future costs, such as mainte-nance, user, reconstruction, rehabilitation, re-storing, and resurfacing costs, over the life of the project segment. \n‘‘(ii) S\nTUDY .—The Comptroller General shall \nconduct a study of the best practices for calcu-lating lifecycle costs and benefits for federally funded highway projects, which shall include, at a minimum, a thorough literature review and a survey of current lifecycle cost practices of State departments of transportation. \n‘‘(iii) C\nONSULTATION .—In carrying out the \nstudy, the Comptroller shall consult with, at a minimum— \n‘‘(I) the American Association of State High-\nway and Transportation Officials; \n‘‘(II) appropriate experts in the field of \nlifecycle cost analysis; and \n‘‘(III) appropriate industry experts and re-\nsearch centers. \n‘‘(E) R\nEPORT .—Not later than 1 year after the \ndate of enactment of the Transportation Re-search and Innovative Technology Act of 2012, the Comptroller General shall submit to the Committee on Environment and Public Works of the Senate and the Committees on Transpor-tation and Infrastructure and Science, Space, and Technology of the House of Representatives a report on the results of the study which shall include— \n‘‘(i) a summary of the latest research on \nlifecycle cost analysis; and \n‘‘(ii) recommendations on the appropriate— ‘‘(I) period of analysis; ‘‘(II) design period; ‘‘(III) discount rates; and ‘‘(IV) use of actual material life and mainte-\nnance cost data. \n‘‘(4) S\nTRENGTHENING TRANSPORTATION PLAN -\nNING AND ENVIRONMENTAL DECISIONMAKING .— \n‘‘(A) I N GENERAL .—The Secretary may carry \nout research— \n‘‘(i) to minimize the cost of transportation \nplanning and environmental decisionmaking processes; \n‘‘(ii) to improve transportation planning and \nenvironmental decisionmaking processes; and \n‘‘(iii) to minimize the potential impact of sur-\nface transportation on the environment. \n‘‘(B) O\nBJECTIVES .—In carrying out this para-\ngraph the Secretary may carry out research and development activities— \n‘‘(i) to minimize the cost of highway infra-\nstructure and operations; \n‘‘(ii) to reduce the potential impact of high-\nway infrastructure and operations on the envi-ronment; \n‘‘(iii) to advance improvements in environ-\nmental analyses and processes and context sen-sitive solutions for transportation decision-making; \n‘‘(iv) to improve construction techniques; ‘‘(v) to accelerate construction to reduce con-\ngestion and related emissions; \n‘‘(vi) to reduce the impact of highway runoff \non the environment; \n‘‘(vii) to improve understanding and modeling \nof the factors that contribute to the demand for transportation; and \n‘‘(viii) to improve transportation planning de-\ncisionmaking and coordination. \n‘‘(C) C\nONTENTS .—Research and technology ac-\ntivities carried out under this paragraph may include— ‘‘(i) creation of models and tools for evalu-\nating transportation measures and transpor-tation system designs, including the costs and benefits; \n‘‘(ii) congestion reduction efforts; ‘‘(iii) transportation and economic develop-\nment planning in rural areas and small commu-nities; \n‘‘(iv) improvement of State, local, and tribal \ngovernment capabilities relating to surface transportation planning and the environment; and \n‘‘(v) streamlining of project delivery processes. ‘‘(5) R\nEDUCING CONGESTION , IMPROVING HIGH -\nWAY OPERATIONS , AND ENHANCING FREIGHT PRO -\nDUCTIVITY .— \n‘‘(A) I N GENERAL .—The Secretary shall carry \nout research under this paragraph with the goals of— \n‘‘(i) addressing congestion problems; ‘‘(ii) reducing the costs of congestion; \n‘‘(iii) improving freight movement; ‘‘(iv) increasing productivity; and ‘‘(v) improving the economic competitiveness \nof the United States. \n‘‘(B) O\nBJECTIVES .—In carrying out this para-\ngraph, the Secretary shall carry out research and development activities to identify, develop, and assess innovations that have the potential— \n‘‘(i) to reduce traffic congestion; ‘‘(ii) to improve freight movement; and ‘‘(iii) to reduce freight-related congestion \nthroughout the transportation network. \n‘‘(C) C\nONTENTS .—Research and technology ac-\ntivities carried out under this paragraph may include— \n‘‘(i) active traffic and demand management; ‘‘(ii) acceleration of the implementation of In-\ntelligent Transportation Systems technology; \n‘‘(iii) advanced transportation concepts and \nanalysis; \n‘‘(iv) arterial management and traffic signal \noperation; \n‘‘(v) congestion pricing; ‘‘(vi) corridor management; ‘‘(vii) emergency operations; ‘‘(viii) research relating to enabling tech-\nnologies and applications; \n‘‘(ix) freeway management; ‘‘(x) evaluation of enabling technologies; ‘‘(xi) impacts of vehicle size and weight on \ncongestion; \n‘‘(xii) freight operations and technology; ‘‘(xiii) operations and freight performance \nmeasurement and management; \n‘‘(xiv) organization and planning for oper-\nations; \n‘‘(xv) planned special events management; ‘‘(xvi) real-time transportation information; ‘‘(xvii) road weather management; ‘‘(xviii) traffic and freight data and analysis \ntools; \n‘‘(xix) traffic control devices; ‘‘(xx) traffic incident management; ‘‘(xxi) work zone management; ‘‘(xxii) communication of travel, roadway, \nand emergency information to persons with dis-abilities; \n‘‘(xxiii) research on enhanced mode choice \nand intermodal connectivity; \n‘‘(xxiv) techniques for estimating and quanti-\nfying public benefits derived from freight trans-portation projects; and \n‘‘(xxv) other research areas to identify and \naddress emerging needs related to freight trans-portation by all modes. \n‘‘(6) E\nXPLORATORY ADVANCED RESEARCH .—The \nSecretary shall carry out research and develop-ment activities relating to exploratory advanced research— \n‘‘(A) to leverage the targeted capabilities of \nthe Turner-Fairbank Highway Research Center to develop technologies and innovations of na-tional importance; and \n‘‘(B) to develop potentially transformational \nsolutions to improve the durability, efficiency, environmental impact, productivity, and safety aspects of highway and intermodal transpor-tation systems. ‘‘(7) T\nURNER -FAIRBANK HIGHWAY RESEARCH \nCENTER .— \n‘‘(A) I N GENERAL .—The Secretary shall con-\ntinue to operate in the Federal Highway Admin-istration a Turner-Fairbank Highway Research Center. \n‘‘(B) U\nSES OF THE CENTER .—The Turner- \nFairbank Highway Research Center shall sup-port— \n‘‘(i) the conduct of highway research and de-\nvelopment relating to emerging highway tech-nology; \n‘‘(ii) the development of understandings, tools, \nand techniques that provide solutions to com-plex technical problems through the develop-ment of economical and environmentally sen-sitive designs, efficient and quality-controlled construction practices, and durable materials; \n‘‘(iii) the development of innovative highway \nproducts and practices; and \n‘‘(iv) the conduct of long-term, high-risk re-\nsearch to improve the materials used in highway infrastructure. \n‘‘(8) I\nNFRASTRUCTURE INVESTMENT NEEDS RE -\nPORT.— \n‘‘(A) I N GENERAL .—Not later than July 31, \n2013, and July 31 of every second year there-after, the Secretary shall submit to the Com-mittee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that describes estimates of the future highway and bridge needs of the United States and the backlog of current highway and bridge needs. \n‘‘(B) C\nOMPARISONS .—Each report under sub-\nparagraph (A) shall include all information nec-essary to relate and compare the conditions and service measures used in the previous biennial reports to conditions and service measures used in the current report. \n‘‘(C) I\nNCLUSIONS .—Each report under sub-\nparagraph (A) shall provide recommendations to Congress on changes to the highway perform-ance monitoring system that address— \n‘‘(i) improvements to the quality and stand-\nardization of data collection on all functional classifications of Federal-aid highways for ac-curate system length, lane length, and vehicle- mile of travel; and \n‘‘(ii) changes to the reporting requirements \nauthorized under section 315, to reflect rec-ommendations under this paragraph for collec-tion, storage, analysis, reporting, and display of data for Federal-aid highways and, to the max-imum extent practical, all public roads. \n‘‘(c) T\nECHNOLOGY AND INNOVATION DEPLOY -\nMENT PROGRAM .— \n‘‘(1) I N GENERAL .—The Secretary shall carry \nout a technology and innovation deployment program relating to all aspects of highway transportation, including planning, financing, operation, structures, materials, pavements, en-vironment, construction, and the duration of time between project planning and project deliv-ery, with the goals of— \n‘‘(A) significantly accelerating the adoption of \ninnovative technologies by the surface transpor-tation community; \n‘‘(B) providing leadership and incentives to \ndemonstrate and promote state-of-the-art tech-nologies, elevated performance standards, and new business practices in highway construction processes that result in improved safety, faster construction, reduced congestion from construc-tion, and improved quality and user satisfac-tion; \n‘‘(C) constructing longer-lasting highways \nthrough the use of innovative technologies and practices that lead to faster construction of effi-cient and safe highways and bridges; \n‘‘(D) improving highway efficiency, safety, \nmobility, reliability, service life, environmental protection, and sustainability; and \n‘‘(E) developing and deploying new tools, \ntechniques, and practices to accelerate the adoption of innovation in all aspects of high-way transportation. \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00394 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4553 June 28, 2012 \n‘‘(2) I MPLEMENTATION .— \n‘‘(A) I N GENERAL .—The Secretary shall pro-\nmote, facilitate, and carry out the program es-tablished under paragraph (1) to distribute the products, technologies, tools, methods, or other findings that result from highway research and development activities, including research and development activities carried out under this chapter. \n‘‘(B) A\nCCELERATED INNOVATION DEPLOY -\nMENT .—In carrying out the program established \nunder paragraph (1), the Secretary shall— \n‘‘(i) establish and carry out demonstration \nprograms; \n‘‘(ii) provide technical assistance, and train-\ning to researchers and developers; and \n‘‘(iii) develop improved tools and methods to \naccelerate the adoption of proven innovative practices and technologies as standard prac-tices. \n‘‘(C) I\nMPLEMENTATION OF FUTURE STRATEGIC \nHIGHWAY RESEARCH PROGRAM FINDINGS AND RE -\nSULTS .— \n‘‘(i) I N GENERAL .—The Secretary, in consulta-\ntion with the American Association of State Highway and Transportation Officials and the Transportation Research Board of the National Academy of Sciences, shall promote research re-sults and products developed under the future strategic highway research program adminis-tered by the Transportation Research Board of the National Academy of Sciences. \n‘‘(ii) B\nASIS FOR FINDINGS .—The activities car-\nried out under this subparagraph shall be based on the report submitted to Congress by the Transportation Research Board of the National Academy of Sciences under section 510(e). \n‘‘(iii) P\nERSONNEL .—The Secretary may use \nfunds made available to carry out this sub-section for administrative costs under this sub-paragraph. \n‘‘(3) A\nCCELERATED IMPLEMENTATION AND DE -\nPLOYMENT OF PAVEMENT TECHNOLOGIES .— \n‘‘(A) I N GENERAL .—The Secretary shall estab-\nlish and implement a program under the tech-nology and innovation deployment program to promote, implement, deploy, demonstrate, show-case, support, and document the application of innovative pavement technologies, practices, performance, and benefits. \n‘‘(B) G\nOALS.—The goals of the accelerated im-\nplementation and deployment of pavement tech-nologies program shall include— \n‘‘(i) the deployment of new, cost-effective de-\nsigns, materials, recycled materials, and prac-tices to extend the pavement life and perform-ance and to improve user satisfaction; \n‘‘(ii) the reduction of initial costs and lifecycle \ncosts of pavements, including the costs of new construction, replacement, maintenance, and re-habilitation; \n‘‘(iii) the deployment of accelerated construc-\ntion techniques to increase safety and reduce construction time and traffic disruption and congestion; \n‘‘(iv) the deployment of engineering design \ncriteria and specifications for new and efficient practices, products, and materials for use in highway pavements; \n‘‘(v) the deployment of new nondestructive \nand real-time pavement evaluation technologies and construction techniques; and \n‘‘(vi) effective technology transfer and infor-\nmation dissemination to accelerate implementa-tion of new technologies and to improve life, performance, cost effectiveness, safety, and user satisfaction. \n‘‘(C) F\nUNDING .—The Secretary shall obligate \nfor each of fiscal years 2013 through 2014 from funds made available to carry out this sub-section $12,000,000 to accelerate the deployment and implementation of pavement technology.’’. \n(b) C\nONFORMING AMENDMENT .—The analysis \nfor chapter 5 of title 23, United States Code, is amended by striking the item relating to section 503 and inserting the following: \n‘‘503. Research and technology development and \ndeployment.’’. SEC. 52004. TRAINING AND EDUCATION. \nSection 504 of title 23, United States Code, is \namended— \n(1) in subsection (a)— (A) in paragraph (2)(A) by inserting ‘‘and the \nemployees of any other applicable Federal agen-cy’’ before the semicolon at the end; and \n(B) in paragraph (3)(A)(ii)(V) by striking ‘‘ex-\npediting’’ and inserting ‘‘reducing the amount of time required for’’; \n(2) in subsection (b) by striking paragraph (3) \nand inserting the following: \n‘‘(3) F\nEDERAL SHARE .— \n‘‘(A) L OCAL TECHNICAL ASSISTANCE CENTERS .— \n‘‘(i) I N GENERAL .—Subject to subparagraph \n(B), the Federal share of the cost of an activity carried out by a local technical assistance cen-ter under paragraphs (1) and (2) shall be 50 per-cent. \n‘‘(ii) N\nON-FEDERAL SHARE .—The non-Federal \nshare of the cost of an activity described in clause (i) may consist of amounts provided to a recipient under subsection (e) or section 505, up to 100 percent of the non-Federal share. \n‘‘(B) T\nRIBAL TECHNICAL ASSISTANCE CEN -\nTERS.—The Federal share of the cost of an ac-\ntivity carried out by a tribal technical assistance center under paragraph (2)(D)(ii) shall be 100 percent.’’; \n(3) in subsection (c)(2)— (A) by striking ‘‘The Secretary’’ and inserting \nthe following: \n‘‘(A) I\nN GENERAL .—The Secretary’’; \n(B) in subparagraph (A) (as designated by \nsubparagraph (A)) by striking ‘‘. The program’’ and inserting ‘‘, which program’’; and \n(C) by adding at the end the following: ‘‘(B) U\nSE OF AMOUNTS .—Amounts provided to \ninstitutions of higher education to carry out this paragraph shall be used to provide direct sup-port of student expenses.’’; \n(4) in subsection (e)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A) \nby striking ‘‘sections 104(b)(1), 104(b)(2), 104(b)(3), 104(b)(4), and 144(e)’’ and inserting ‘‘paragraphs (1) through (4) of section 104(b)’’; \n(ii) in subparagraph (D) by striking ‘‘and’’ at \nthe end; \n(iii) in subparagraph (E) by striking the pe-\nriod and inserting a semicolon; and \n(iv) by adding at the end the following: ‘‘(F) activities carried out by the National \nHighway Institute under subsection (a); and \n‘‘(G) local technical assistance programs \nunder subsection (b).’’; and \n(B) in paragraph (2) by inserting ‘‘, except for \nactivities carried out under paragraph (1)(G), for which the Federal share shall be 50 percent’’ before the period at the end; \n(5) in subsection (f) in the heading, by strik-\ning ‘‘P\nILOT’’; \n(6) in subsection (g)(4)(F) by striking ‘‘excel-\nlence’’ and inserting ‘‘stewardship’’; and \n(7) by adding at the end the following: ‘‘(h) C\nENTERS FOR SURFACE TRANSPORTATION \nEXCELLENCE .— \n‘‘(1) I N GENERAL .—The Secretary shall make \ngrants under this section to establish and main-tain centers for surface transportation excel-lence. \n‘‘(2) G\nOALS.—The goals of a center referred to \nin paragraph (1) shall be to promote and sup-port strategic national surface transportation programs and activities relating to the work of State departments of transportation in the areas of environment, surface transportation safety, rural safety, and project finance. \n‘‘(3) R\nOLE OF THE CENTERS .—To achieve the \ngoals set forth in paragraph (2), any centers es-tablished under paragraph (1) shall provide technical assistance, information sharing of best practices, and training in the use of tools and decisionmaking processes that can assist States in effectively implementing surface transpor-tation programs, projects, and policies. \n‘‘(4) P\nROGRAM ADMINISTRATION .— \n‘‘(A) C OMPETITION .—A party entering into a \ncontract, cooperative agreement, or other trans-action with the Secretary under this subsection, \nor receiving a grant to perform research or pro-vide technical assistance under this subsection, shall be selected on a competitive basis. \n‘‘(B) S\nTRATEGIC PLAN .—The Secretary shall \nrequire each center to develop a multiyear stra-tegic plan, that— \n‘‘(i) is submitted to the Secretary at such time \nas the Secretary requires; and \n‘‘(ii) describes— ‘‘(I) the activities to be undertaken by the \ncenter; and \n‘‘(II) how the work of the center will be co-\nordinated with the activities of the Federal Highway Administration and the various other research, development, and technology transfer activities authorized under this chapter.’’. \nSEC. 52005. STATE PLANNING AND RESEARCH. \nSection 505 of title 23, United States Code, is \namended— \n(1) in subsection (a)— (A) in the matter preceding paragraph (1) by \nstriking ‘‘section 104 (other than sections 104(f) and 104(h)) and under section 144’’ and insert-ing ‘‘paragraphs (1) through (4) of section 104(b)’’; and \n(B) in paragraph (3) by striking ‘‘under sec-\ntion 303’’ and inserting ‘‘, plans, and processes under sections 119, 148, 149, and 167’’; \n(2) by redesignating subsections (c) and (d) as \nsubsections (d) and (e), respectively; \n(3) by inserting after subsection (b) the fol-\nlowing: \n‘‘(c) I\nMPLEMENTATION OF FUTURE STRATEGIC \nHIGHWAY RESEARCH PROGRAM FINDINGS AND RE-\nSULTS .— \n‘‘(1) F UNDS.—A State shall make available to \nthe Secretary to carry out section 503(c)(2)(C) a percentage of funds subject to subsection (a) that are apportioned to that State, that is agreed to by \n3⁄4of States for each of fiscal years \n2013 and 2014. \n‘‘(2) T REATMENT OF FUNDS .—Funds expended \nunder paragraph (1) shall not be considered to be part of the extramural budget of the agency for the purpose of section 9 of the Small Busi-ness Act (15 U.S.C. 638).’’; and \n(4) in subsection (e) (as so redesignated) by \nstriking ‘‘section 118(b)(2)’’ and inserting ‘‘sec-tion 118(b)’’. \nSEC. 52006. INTERNATIONAL HIGHWAY TRANS-\nPORTATION PROGRAM. \n(a) I NGENERAL .—Section 506 of title 23, \nUnited States Code, is repealed. \n(b) C ONFORMING AMENDMENT .—The analysis \nfor chapter 5 of title 23, United States Code, is amended by striking the item relating to section 506. \nSEC. 52007. SURFACE TRANSPORTATION ENVI-\nRONMENTAL COOPERATIVE RE-SEARCH PROGRAM. \n(a) I NGENERAL .—Section 507 of title 23, \nUnited States Code, is repealed. \n(b) C ONFORMING AMENDMENT .—The analysis \nfor chapter 5 of title 23, United States Code, is amended by striking the item relating to section 507. \nSEC. 52008. NATIONAL COOPERATIVE FREIGHT \nRESEARCH. \n(a) I NGENERAL .—Section 509 of title 23, \nUnited States Code, is repealed. \n(b) C ONFORMING AMENDMENT .—The analysis \nfor chapter 5 of title 23, United States Code, is amended by striking the item relating to section 509. \nSEC. 52009. UNIVERSITY TRANSPORTATION CEN-\nTERS PROGRAM. \n(a) I NGENERAL .—Section 5505 of title 49, \nUnited States Code, is amended to read as fol-lows: \n‘‘§ 5505. University transportation centers pro-\ngram \n‘‘(a) U\nNIVERSITY TRANSPORTATION CENTERS \nPROGRAM .— \n‘‘(1) E STABLISHMENT AND OPERATION .—The \nSecretary shall make grants under this section to eligible nonprofit institutions of higher edu-cation to establish and operate university trans-portation centers. \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00395 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4554 June 28, 2012 \n‘‘(2) R OLE OF CENTERS .—The role of each uni-\nversity transportation center referred to in para-graph (1) shall be— \n‘‘(A) to advance transportation expertise and \ntechnology in the varied disciplines that com-prise the field of transportation through edu-cation, research, and technology transfer activi-ties; \n‘‘(B) to provide for a critical transportation \nknowledge base outside of the Department of Transportation; and \n‘‘(C) to address critical workforce needs and \neducate the next generation of transportation leaders. \n‘‘(b) C\nOMPETITIVE SELECTION PROCESS .— \n‘‘(1) A PPLICATIONS .—To receive a grant under \nthis section, a nonprofit institution of higher education shall submit to the Secretary an ap-plication that is in such form and contains such information as the Secretary may require. \n‘‘(2) R\nESTRICTION .—A nonprofit institution of \nhigher education or the lead institution of a consortium of nonprofit institutions of higher education, as applicable, that receives a grant for a national transportation center or a re-gional transportation center in a fiscal year shall not be eligible to receive as a lead institu-tion or member of a consortium an additional grant in that fiscal year for a national transpor-tation center or a regional transportation cen-ter. \n‘‘(3) C\nOORDINATION .—The Secretary shall so-\nlicit grant applications for national transpor-tation centers, regional transportation centers, and Tier 1 university transportation centers with identical advertisement schedules and deadlines. \n‘‘(4) G\nENERAL SELECTION CRITERIA .— \n‘‘(A) I N GENERAL .—Except as otherwise pro-\nvided by this section, the Secretary shall award grants under this section in nonexclusive can-didate topic areas established by the Secretary that address the research priorities identified in section 503 of title 23. \n‘‘(B) C\nRITERIA .—The Secretary, in consulta-\ntion as appropriate with the Administrators of the Federal Highway Administration and the Federal Transit Administration, shall select each recipient of a grant under this section through a competitive process based on the as-sessment of the Secretary relating to— \n‘‘(i) the demonstrated ability of the recipient \nto address each specific topic area described in the research and strategic plans of the recipient; \n‘‘(ii) the demonstrated research, technology \ntransfer, and education resources available to the recipient to carry out this section; \n‘‘(iii) the ability of the recipient to provide \nleadership in solving immediate and long-range national and regional transportation problems; \n‘‘(iv) the ability of the recipient to carry out \nresearch, education, and technology transfer ac-tivities that are multimodal and multidisci-plinary in scope; \n‘‘(v) the demonstrated commitment of the re-\ncipient to carry out transportation workforce development programs through— \n‘‘(I) degree-granting programs; and ‘‘(II) outreach activities to attract new en-\ntrants into the transportation field; \n‘‘(vi) the demonstrated ability of the recipient \nto disseminate results and spur the implementa-tion of transportation research and education programs through national or statewide con-tinuing education programs; \n‘‘(vii) the demonstrated commitment of the re-\ncipient to the use of peer review principles and other research best practices in the selection, management, and dissemination of research projects; \n‘‘(viii) the strategic plan submitted by the re-\ncipient describing the proposed research to be carried out by the recipient and the performance metrics to be used in assessing the performance of the recipient in meeting the stated research, technology transfer, education, and outreach goals; and \n‘‘(ix) the ability of the recipient to implement \nthe proposed program in a cost-efficient manner, such as through cost sharing and overall re-\nduced overhead, facilities, and administrative costs. \n‘‘(5) T\nRANSPARENCY .— \n‘‘(A) I N GENERAL .—The Secretary shall pro-\nvide to each applicant, upon request, any mate-rials, including copies of reviews (with any in-formation that would identify a reviewer re-dacted), used in the evaluation process of the proposal of the applicant. \n‘‘(B) R\nEPORTS .—The Secretary shall submit to \nthe Committees on Transportation and Infra-structure and Science, Space, and Technology of the House of Representatives and the Com-mittee on Environment and Public Works of the Senate a report describing the overall review \nprocess under paragraph (3) that includes— \n‘‘(i) specific criteria of evaluation used in the \nreview; \n‘‘(ii) descriptions of the review process; and ‘‘(iii) explanations of the selected awards. ‘‘(6) O\nUTSIDE STAKEHOLDERS .—The Secretary \nshall, to the maximum extent practicable, con-sult external stakeholders such as the Transpor-tation Research Board of the National Academy of Sciences to evaluate and competitively review all proposals. \n‘‘(c) G\nRANTS .— \n‘‘(1) I N GENERAL .—Not later than 1 year after \nthe date of enactment of the Transportation Re-search and Innovative Technology Act of 2012, the Secretary, in consultation as appropriate with the Administrators of the Federal Highway Administration and the Federal Transit Admin-istration, shall select grant recipients under sub-section (b) and make grant amounts available to the selected recipients. \n‘‘(2) N\nATIONAL TRANSPORTATION CENTERS .— \n‘‘(A) I N GENERAL .—Subject to subparagraph \n(B), the Secretary shall provide grants to 5 re-cipients that the Secretary determines best meet the criteria described in subsection (b)(3). \n‘‘(B) R\nESTRICTIONS .— \n‘‘(i) I N GENERAL .—For each fiscal year, a \ngrant made available under this paragraph shall be $3,000,000 per recipient. \n‘‘(ii) F\nOCUSED RESEARCH .—The grant recipi-\nents under this paragraph shall focus research on national transportation issues, as determined by the Secretary. \n‘‘(C) M\nATCHING REQUIREMENT .— \n‘‘(i) I N GENERAL .—As a condition of receiving \na grant under this paragraph, a grant recipient shall match 100 percent of the amounts made available under the grant. \n‘‘(ii) S\nOURCES .—The matching amounts re-\nferred to in clause (i) may include amounts made available to the recipient under section 504(b) or 505 of title 23. \n‘‘(3) R\nEGIONAL UNIVERSITY TRANSPORTATION \nCENTERS .— \n‘‘(A) L OCATION OF REGIONAL CENTERS .—One \nregional university transportation center shall be located in each of the 10 Federal regions that comprise the Standard Federal Regions estab-lished by the Office of Management and Budget in the document entitled ‘Standard Federal Re-gions’ and dated April, 1974 (circular A-105). \n‘‘(B) S\nELECTION CRITERIA .—In conducting a \ncompetition under subsection (b), the Secretary shall provide grants to 10 recipients on the basis of— \n‘‘(i) the criteria described in subsection (b)(3); ‘‘(ii) the location of the center within the Fed-\neral region to be served; and \n‘‘(iii) whether the institution (or, in the case \nof consortium of institutions, the lead institu-tion) demonstrates that the institution has a well-established, nationally recognized program in transportation research and education, as evidenced by— \n‘‘(I) recent expenditures by the institution in \nhighway or public transportation research; \n‘‘(II) a historical track record of awarding \ngraduate degrees in professional fields closely related to highways and public transportation; and \n‘‘(III) an experienced faculty who specialize \nin professional fields closely related to highways and public transportation. ‘‘(C) R\nESTRICTIONS .—For each fiscal year, a \ngrant made available under this paragraph shall be $2,750,000 for each recipient. \n‘‘(D) M\nATCHING REQUIREMENTS .— \n‘‘(i) I N GENERAL .—As a condition of receiving \na grant under this paragraph, a grant recipient shall match 100 percent of the amounts made available under the grant. \n‘‘(ii) S\nOURCES .—The matching amounts re-\nferred to in the clause (i) may include amounts made available to the recipient under section 504(b) or 505 of title 23. \n‘‘(E) F\nOCUSED RESEARCH .—The Secretary shall \nmake a grant to 1 of the 10 regional university transportation centers established under this paragraph for the purpose of furthering the ob-jectives described in subsection (a)(2) in the field of comprehensive transportation safety. \n‘‘(4) T\nIER 1 UNIVERSITY TRANSPORTATION CEN -\nTERS.— \n‘‘(A) I N GENERAL .—The Secretary shall pro-\nvide grants of $1,500,000 each to not more than 20 recipients to carry out this paragraph. \n‘‘(B) R\nESTRICTION .—A lead institution of a \nconsortium that receives a grant under para-graph (2) or (3) shall not be eligible to receive a grant under this paragraph. \n‘‘(C) M\nATCHING REQUIREMENT .— \n‘‘(i) I N GENERAL .—Subject to clause (iii), as a \ncondition of receiving a grant under this para-graph, a grant recipient shall match 50 percent of the amounts made available under the grant. \n‘‘(ii) S\nOURCES .—The matching amounts re-\nferred to in clause (i) may include amounts made available to the recipient under section 504(b) or 505 of title 23. \n‘‘(iii) E\nXEMPTION .—This subparagraph shall \nnot apply on a demonstration of financial hard-ship by the applicant institution. \n‘‘(D) F\nOCUSED RESEARCH .—In awarding \ngrants under this paragraph, consideration shall be given to minority institutions, as de-fined by section 365 of the Higher Education Act of 1965 (20 U.S.C. 1067k), or consortia that in-clude such institutions that have demonstrated an ability in transportation-related research. \n‘‘(d) P\nROGRAM COORDINATION .— \n‘‘(1) I N GENERAL .—The Secretary shall— \n‘‘(A) coordinate the research, education, and \ntechnology transfer activities carried out by grant recipients under this section; and \n‘‘(B) disseminate the results of that research \nthrough the establishment and operation of an information clearinghouse. \n‘‘(2) A\nNNUAL REVIEW AND EVALUATION .—Not \nless frequently than annually, and consistent with the plan developed under section 508 of title 23, the Secretary shall— \n‘‘(A) review and evaluate the programs car-\nried out under this section by grant recipients; and \n‘‘(B) submit to the Committees on Transpor-\ntation and Infrastructure and Science, Space, and Technology of the House of Representatives and the Committee on Environment and Public Works of the Senate a report describing that re-view and evaluation. \n‘‘(3) P\nROGRAM EVALUATION AND OVERSIGHT .— \nFor each of fiscal years 2013 and 2014, the Sec-retary shall expend not more than 1\n1⁄2percent of \nthe amounts made available to the Secretary to carry out this section for any coordination, evaluation, and oversight activities of the Sec-retary under this section. \n‘‘(e) L\nIMITATION ON AVAILABILITY OF \nAMOUNTS .—Amounts made available to the Sec-\nretary to carry out this section shall remain available for obligation by the Secretary for a period of 3 years after the last day of the fiscal year for which the amounts are appropriated. \n‘‘(f) I\nNFORMATION COLLECTION .—Any survey, \nquestionnaire, or interview that the Secretary determines to be necessary to carry out report-ing requirements relating to any program assess-ment or evaluation activity under this section, including customer satisfaction assessments, shall not be subject to chapter 35 of title 44.’’. \n(b) C\nONFORMING AMENDMENT .—The analysis \nfor chapter 55 of title 49, United States Code, is \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00396 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4555 June 28, 2012 \namended by striking the item relating to section \n5505 and inserting the following: \n‘‘5505. University transportation centers pro-\ngram.’’. \nSEC. 52010. UNIVERSITY TRANSPORTATION RE-\nSEARCH. \n(a) I NGENERAL .—Section 5506 of title 49, \nUnited States Code, is repealed. \n(b) C ONFORMING AMENDMENT .—The analysis \nfor chapter 55 of title 49, United States Code, is amended by striking the item relating to section 5506. \nSEC. 52011. BUREAU OF TRANSPORTATION STA-\nTISTICS. \n(a) I NGENERAL .—Subtitle III of title 49, \nUnited States Code, is amended by adding at the end the following: \n‘‘CHAPTER 63—BUREAU OF \nTRANSPORTATION STATISTICS \n‘‘Sec. \n‘‘6301. Definitions. ‘‘6302. Bureau of Transportation Statistics. ‘‘6303. Intermodal transportation database. ‘‘6304. National Transportation Library. ‘‘6305. Advisory council on transportation statis-\ntics. \n‘‘6306. Transportation statistical collection, \nanalysis, and dissemination. \n‘‘6307. Furnishing of information, data, or re-\nports by Federal agencies. \n‘‘6308. Proceeds of data product sales. ‘‘6309. National transportation atlas database. ‘‘6310. Limitations on statutory construction. ‘‘6311. Research and development grants. ‘‘6312. Transportation statistics annual report. ‘‘6313. Mandatory response authority for freight \ndata collection. \n‘‘§ 6301. Definitions \n‘‘In this chapter, the following definitions \napply: \n‘‘(1) B\nUREAU .—The term ‘Bureau’ means the \nBureau of Transportation Statistics established by section 6302(a). \n‘‘(2) D\nEPARTMENT .—The term ‘Department’ \nmeans the Department of Transportation. \n‘‘(3) D IRECTOR .—The term ‘Director’ means \nthe Director of the Bureau. \n‘‘(4) L IBRARY .—The term ‘Library’ means the \nNational Transportation Library established by section 6304(a). \n‘‘(5) S\nECRETARY .—The term ‘Secretary’ means \nthe Secretary of Transportation. \n‘‘§ 6302. Bureau of Transportation Statistics \n‘‘(a) E STABLISHMENT .—There is established in \nthe Research and Innovative Technology Ad-ministration the Bureau of Transportation Sta-tistics. \n‘‘(b) D\nIRECTOR .— \n‘‘(1) A PPOINTMENT .—The Bureau shall be \nheaded by a Director, who shall be appointed in the competitive service by the Secretary. \n‘‘(2) Q\nUALIFICATIONS .—The Director shall be \nappointed from among individuals who are qualified to serve as the Director by virtue of their training and experience in the collection, analysis, and use of transportation statistics. \n‘‘(3) D\nUTIES .— \n‘‘(A) I N GENERAL .—The Director shall— \n‘‘(i) serve as the senior advisor to the Sec-\nretary on data and statistics; and \n‘‘(ii) be responsible for carrying out the duties \ndescribed in subparagraph (B). \n‘‘(B) D UTIES .—The Director shall— \n‘‘(i) ensure that the statistics compiled under \nclause (vi) are designed to support transpor-tation decisionmaking by— \n‘‘(I) the Federal Government; ‘‘(II) State and local governments; ‘‘(III) metropolitan planning organizations; ‘‘(IV) transportation-related associations; ‘‘(V) the private sector, including the freight \ncommunity; and \n‘‘(VI) the public; ‘‘(ii) establish on behalf of the Secretary a \nprogram— \n‘‘(I) to effectively integrate safety data across \nmodes; and ‘‘(II) to address gaps in existing safety data \nprograms of the Department; \n‘‘(iii) work with the operating administrations \nof the Department— \n‘‘(I) to establish and implement the data pro-\ngrams of the Bureau; and \n‘‘(II) to improve the coordination of informa-\ntion collection efforts with other Federal agen-cies; \n‘‘(iv) continually improve surveys and data \ncollection methods of the Department to improve the accuracy and utility of transportation sta-tistics; \n‘‘(v) encourage the standardization of data, \ndata collection methods, and data management and storage technologies for data collected by— \n‘‘(I) the Bureau; ‘‘(II) the operating administrations of the De-\npartment; \n‘‘(III) State and local governments; ‘‘(IV) metropolitan planning organizations; \nand \n‘‘(V) private sector entities; ‘‘(vi) collect, compile, analyze, and publish a \ncomprehensive set of transportation statistics on the performance and impacts of the national transportation system, including statistics on— \n‘‘(I) transportation safety across all modes \nand intermodally; \n‘‘(II) the state of good repair of United States \ntransportation infrastructure; \n‘‘(III) the extent, connectivity, and condition \nof the transportation system, building on the national transportation atlas database devel-oped under section 6310; \n‘‘(IV) economic efficiency across the entire \ntransportation sector; \n‘‘(V) the effects of the transportation system \non global and domestic economic competitive-ness; \n‘‘(VI) demographic, economic, and other vari-\nables influencing travel behavior, including choice of transportation mode and goods move-ment; \n‘‘(VII) transportation-related variables that \ninfluence the domestic economy and global com-petitiveness; \n‘‘(VIII) economic costs and impacts for pas-\nsenger travel and freight movement; \n‘‘(IX) intermodal and multimodal passenger \nmovement; \n‘‘(X) intermodal and multimodal freight move-\nment; and \n‘‘(XI) consequences of transportation for the \nhuman and natural environment; \n‘‘(vii) build and disseminate the transpor-\ntation layer of the National Spatial Data Infra-structure developed under Executive Order 12906 (59 Fed. Reg. 17671) (or a successor Executive Order), including by coordinating the develop-ment of transportation geospatial data stand-ards, compiling intermodal geospatial data, and collecting geospatial data that is not being col-lected by other entities; \n‘‘(viii) issue guidelines for the collection of in-\nformation by the Department that the Director determines necessary to develop transportation statistics and carry out modeling, economic as-sessment, and program assessment activities to ensure that such information is accurate, reli-able, relevant, uniform, and in a form that per-mits systematic analysis by the Department; \n‘‘(ix) review and report to the Secretary on the \nsources and reliability of— \n‘‘(I) the statistics proposed by the heads of the \noperating administrations of the Department to measure outputs and outcomes as required by the Government Performance and Results Act of 1993 (Public Law 103–62;107 Stat. 285); and \n‘‘(II) at the request of the Secretary, any \nother data collected or statistical information published by the heads of the operating admin-istrations of the Department; and \n‘‘(x) ensure that the statistics published under \nthis section are readily accessible to the public, consistent with applicable security constraints and confidentiality interests. \n‘‘(c) A\nCCESS TO FEDERAL DATA.—In carrying \nout subsection (b)(3)(B)(ii), the Director shall be given access to all safety data that the Director \ndetermines necessary to carry out that sub-section that is held by the Department or any other Federal agency upon written request and subject to any statutory or regulatory restric-tions. \n‘‘§ 6303. Intermodal transportation database \n‘‘(a) I\nNGENERAL .—In consultation with the \nUnder Secretary Transportation for Policy, the Assistant Secretaries of the Department, and the heads of the operating administrations of the Department, the Director shall establish and maintain a transportation database for all modes of transportation. \n‘‘(b) U\nSE.—The database established under \nthis section shall be suitable for analyses carried out by the Federal Government, the States, and metropolitan planning organizations. \n‘‘(c) C\nONTENTS .—The database established \nunder this section shall include— \n‘‘(1) information on the volumes and patterns \nof movement of goods, including local, inter-regional, and international movement, by all modes of transportation, intermodal combina-tions, and relevant classification; \n‘‘(2) information on the volumes and patterns \nof movement of people, including local, inter-regional, and international movements, by all modes of transportation (including bicycle and pedestrian modes), intermodal combinations, and relevant classification; \n‘‘(3) information on the location and \nconnectivity of transportation facilities and services; and \n‘‘(4) a national accounting of expenditures \nand capital stocks on each mode of transpor-tation and intermodal combination. \n‘‘§ 6304. National Transportation Library \n‘‘(a) P\nURPOSE AND ESTABLISHMENT .—To sup-\nport the information management and decision-making needs of transportation officials at the Federal, State, and local levels, there is estab-lished in the Bureau a National Transportation Library which shall— \n‘‘(1) be headed by an individual who is highly \nqualified in library and information science; \n‘‘(2) acquire, preserve, and manage transpor-\ntation information and information products and services for use by the Department, other Federal agencies, and the general public; \n‘‘(3) provide reference and research assist-\nance; \n‘‘(4) serve as a central depository for research \nresults and technical publications of the Depart-ment; \n‘‘(5) provide a central clearinghouse for trans-\nportation data and information of the Federal Government; \n‘‘(6) serve as coordinator and policy lead for \ntransportation information access; \n‘‘(7) provide transportation information and \ninformation products and services to— \n‘‘(A) the Department; ‘‘(B) other Federal agencies; ‘‘(C) public and private organizations; and ‘‘(D) individuals, within the United States \nand internationally; \n‘‘(8) coordinate efforts among, and cooperate \nwith, transportation libraries, information pro-viders, and technical assistance centers, in con-junction with private industry and other trans-portation library and information centers, with the goal of developing a comprehensive trans-portation information and knowledge network that supports the activities described in section 6302(b)(3)(B)(vi); and \n‘‘(9) engage in such other activities as the Di-\nrector determines to be necessary and as the re-sources of the Library permit. \n‘‘(b) A\nCCESS .—The Director shall publicize, fa-\ncilitate, and promote access to the information products and services described in subsection (a), to improve the ability of the transportation community to share information and the ability of the Director to make statistics and other in-formation readily accessible as required under section 6302(b)(3)(B)(x). \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00397 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4556 June 28, 2012 \n‘‘(c) A GREEMENTS .— \n‘‘(1) I N GENERAL .—To carry out this section, \nthe Director may enter into agreements with, award grants to, and receive amounts from, any— \n‘‘(A) State or local government; \n‘‘(B) organization; ‘‘(C) business; or ‘‘(D) individual. ‘‘(2) C\nONTRACTS , GRANTS , AND AGREEMENTS .— \nThe Library may initiate and support specific information and data management, access, and exchange activities in connection with matters relating to the Department’s strategic goals, knowledge networking, and national and inter-national cooperation, by entering into contracts or other agreements or awarding grants for the conduct of such activities. \n‘‘(3) A\nMOUNTS .—Any amounts received by the \nLibrary as payment for library products and services or other activities shall be made avail-able to the Director to carry out this section, de-posited in the Research and Innovative Tech-nology Administration’s general fund account, and remain available until expended. \n‘‘§ 6305. Advisory council on transportation \nstatistics \n‘‘(a) I\nNGENERAL .—The Director shall estab-\nlish and consult with an advisory council on transportation statistics. \n‘‘(b) F\nUNCTION .—The advisory council estab-\nlished under this section shall advise the Direc-tor on— \n‘‘(1) the quality, reliability, consistency, objec-\ntivity, and relevance of transportation statistics and analyses collected, supported, or dissemi-nated by the Bureau and the Department; and \n‘‘(2) methods to encourage cooperation and \ninteroperability of transportation data collected by the Bureau, the operating administrations of the Department, States, local governments, met-ropolitan planning organizations, and private sector entities. \n‘‘(c) M\nEMBERSHIP .— \n‘‘(1) I N GENERAL .—The advisory council shall \nbe composed of not fewer than 9 and not more than 11 members appointed by the Director. \n‘‘(2) S\nELECTION .—In selecting members for the \nadvisory council, the Director shall appoint in-dividuals who— \n‘‘(A) are not officers or employees of the \nUnited States; \n‘‘(B) possess expertise in— ‘‘(i) transportation data collection, analysis, \nor application; \n‘‘(ii) economics; or ‘‘(iii) transportation safety; and ‘‘(C) represent a cross section of transpor-\ntation stakeholders, to the greatest extent pos-sible. \n‘‘(d) T\nERMS OF APPOINTMENT .— \n‘‘(1) I N GENERAL .—Except as provided in para-\ngraph (2), members of the advisory council shall be appointed to staggered terms not to exceed 3 years. \n‘‘(2) A\nDDITIONAL TERMS .—A member may be \nrenominated for 1 additional 3-year term. \n‘‘(3) C URRENT MEMBERS .—A member serving \non an advisory council on transportation statis-tics on the day before the date of enactment of the Transportation Research and Innovative Technology Act of 2012 shall serve until the end of the appointed term of the member. \n‘‘(e) A\nPPLICABILITY OF FEDERAL ADVISORY \nCOMMITTEE ACT.—The Federal Advisory Com-\nmittee Act (5 U.S.C. App.) shall apply to the ad-visory council established under this section, ex-cept that section 14 of that Act shall not apply. \n‘‘§ 6306. Transportation statistical collection, \nanalysis, and dissemination \n‘‘To ensure that all transportation statistical \ncollection, analysis, and dissemination is carried out in a coordinated manner, the Director may— \n‘‘(1) use the services, equipment, records, per-\nsonnel, information, and facilities of other Fed-eral agencies, or State, local, and private agen-cies and instrumentalities, subject to the condi-\ntions that the applicable agency or instrumen-tality consents to that use and with or without reimbursement for such use; \n‘‘(2) enter into agreements with the agencies \nand instrumentalities described in paragraph (1) for purposes of data collection and analysis; \n‘‘(3) confer and cooperate with foreign govern-\nments, international organizations, and State, municipal, and other local agencies; \n‘‘(4) request such information, data, and re-\nports from any Federal agency as the Director determines necessary to carry out this chapter; \n‘‘(5) encourage replication, coordination, and \nsharing of information among transportation agencies regarding information systems, infor-mation policy, and data; and \n‘‘(6) confer and cooperate with Federal statis-\ntical agencies as the Director determines nec-essary to carry out this chapter, including by entering into cooperative data sharing agree-ments in conformity with all laws and regula-tions applicable to the disclosure and use of data. \n‘‘§ 6307. Furnishing of information, data, or \nreports by Federal agencies \n‘‘(a) I\nNGENERAL .—Except as provided in sub-\nsection (b), a Federal agency requested to fur-nish information, data, or reports by the Direc-tor under section 6302(b)(3)(B) shall provide the information to the Director. \n‘‘(b) P\nROHIBITION ON CERTAIN DISCLOSURES .— \n‘‘(1) I N GENERAL .—An officer, employee, or \ncontractor of the Bureau may not— \n‘‘(A) make any disclosure in which the data \nprovided by an individual or organization under section 6302(b)(3)(B) can be identified; \n‘‘(B) use the information provided under sec-\ntion 6302(b)(3)(B) for a nonstatistical purpose; or \n‘‘(C) permit anyone other than an individual \nauthorized by the Director to examine any indi-vidual report provided under section 6302(b)(3)(B). \n‘‘(2) C\nOPIES OF REPORTS .— \n‘‘(A) I N GENERAL .—No department, bureau, \nagency, officer, or employee of the United States (except the Director in carrying out this chap-ter) may require, for any reason, a copy of any report that has been filed under section 6302(b)(3)(B) with the Bureau or retained by an individual respondent. \n‘‘(B) L\nIMITATION ON JUDICIAL PROCEEDINGS .— \nA copy of a report described in subparagraph (A) that has been retained by an individual re-spondent or filed with the Bureau or any of the employees, contractors, or agents of the Bu-reau— \n‘‘(i) shall be immune from legal process; and ‘‘(ii) shall not, without the consent of the in-\ndividual concerned, be admitted as evidence or used for any purpose in any action, suit, or other judicial or administrative proceedings. \n‘‘(C) A\nPPLICABILITY .—This paragraph shall \napply only to reports that permit information concerning an individual or organization to be reasonably determined by direct or indirect means. \n‘‘(3) I\nNFORMING RESPONDENT OF USE OF \nDATA .—If the Bureau is authorized by statute to \ncollect data or information for a nonstatistical purpose, the Director shall clearly distinguish the collection of the data or information, by rule and on the collection instrument, in a manner that informs the respondent who is requested or required to supply the data or information of the nonstatistical purpose. \n‘‘(c) T\nRANSPORTATION AND TRANSPORTATION - \nRELATED DATAACCESS .—The Director shall be \nprovided access to any transportation and transportation-related information in the pos-session of any Federal agency, except— \n‘‘(1) information that is expressly prohibited \nby law from being disclosed to another Federal agency; or \n‘‘(2) information that the agency possessing \nthe information determines could not be dis-closed without significantly impairing the dis-\ncharge of authorities and responsibilities which have been delegated to, or vested by law, in such agency. \n‘‘§ 6308. Proceeds of data product sales \n‘‘Notwithstanding section 3302 of title 31, \namounts received by the Bureau from the sale of data products for necessary expenses incurred may be credited to the Highway Trust Fund (other than the Mass Transit Account) for the purpose of reimbursing the Bureau for those ex-penses. \n‘‘§ 6309. National transportation atlas data-\nbase \n‘‘(a) I\nNGENERAL .—The Director shall develop \nand maintain a national transportation atlas database that is comprised of geospatial data-bases that depict— \n‘‘(1) transportation networks; ‘‘(2) flows of people, goods, vehicles, and craft \nover the transportation networks; and \n‘‘(3) social, economic, and environmental con-\nditions that affect or are affected by the trans-portation networks. \n‘‘(b) I\nNTERMODAL NETWORK ANALYSIS .—The \ndatabases referred to in subsection (a) shall be capable of supporting intermodal network anal-ysis. \n‘‘§ 6310. Limitations on statutory construction \n‘‘Nothing in this chapter— \n‘‘(1) authorizes the Bureau to require any \nother Federal agency to collect data; or \n‘‘(2) alters or diminishes the authority of any \nother officer of the Department to collect and disseminate data independently. \n‘‘§ 6311. Research and development grants \n‘‘The Secretary may make grants to, or enter \ninto cooperative agreements or contracts with, public and nonprofit private entities (including State transportation departments, metropolitan planning organizations, and institutions of higher education) for— \n‘‘(1) investigation of the subjects described in \nsection 6302(b)(3)(B)(vi); \n‘‘(2) research and development of new meth-\nods of data collection, standardization, manage-ment, integration, dissemination, interpretation, and analysis; \n‘‘(3) demonstration programs by States, local \ngovernments, and metropolitan planning organi-zations to coordinate data collection, reporting, management, storage, and archiving to simplify data comparisons across jurisdictions; \n‘‘(4) development of electronic clearinghouses \nof transportation data and related information, as part of the Library; and \n‘‘(5) development and improvement of methods \nfor sharing geographic data, in support of the database under section 6310 and the National Spatial Data Infrastructure developed under Executive Order 12906 (59 Fed. Reg. 17671) (or a successor Executive Order). \n‘‘§ 6312. Transportation statistics annual re-\nport \n‘‘The Director shall submit to the President \nand Congress a transportation statistics annual report, which shall include— \n‘‘(1) information on the progress of the Direc-\ntor in carrying out the duties described in sec-tion 6302(b)(3)(B); \n‘‘(2) documentation of the methods used to ob-\ntain and ensure the quality of the statistics pre-sented in the report; and \n‘‘(3) any recommendations of the Director for \nimproving transportation statistical informa-tion. \n‘‘§ 6313. Mandatory response authority for \nfreight data collection \n‘‘(a) F\nREIGHT DATACOLLECTION .— \n‘‘(1) I N GENERAL .—An owner, official, agent, \nperson in charge, or assistant to the person in charge of a freight corporation, company, busi-ness, institution, establishment, or organization described in paragraph (2) shall be fined in ac-cordance with subsection (b) if that individual \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00398 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4557 June 28, 2012 \nneglects or refuses, when requested by the Di-\nrector or other authorized officer, employee, or contractor of the Bureau to submit data under section 6302(b)(3)(B)— \n‘‘(A) to answer completely and correctly to the \nbest knowledge of that individual all questions relating to the corporation, company, business, institution, establishment, or other organiza-tion; or \n‘‘(B) to make available records or statistics in \nthe official custody of the individual. \n‘‘(2) D\nESCRIPTION OF ENTITIES .—A freight cor-\nporation, company, business, institution, estab-lishment, or organization referred to in para-graph (1) is a corporation, company, business, institution, establishment, or organization that— \n‘‘(A) receives Federal funds relating to the \nfreight program; and \n‘‘(B) has consented to be subject to a fine \nunder this subsection on— \n‘‘(i) refusal to supply any data requested; or ‘‘(ii) failure to respond to a written request. ‘‘(b) F\nINES.— \n‘‘(1) I N GENERAL .—Subject to paragraph (2), \nan individual described in subsection (a) shall be fined not more than $500. \n‘‘(2) W\nILLFUL ACTIONS .—If an individual will-\nfully gives a false answer to a question de-scribed in subsection (a)(1), the individual shall be fined not more than $10,000.’’. \n(b) R\nULES OF CONSTRUCTION .—If the provi-\nsions of section 111 of title 49, United States Code, are transferred to chapter 63 of that title, the following rules of construction apply: \n(1) For purposes of determining whether 1 pro-\nvision of law supersedes another based on en-actment later in time, a chapter 63 provision is deemed to have been enacted on the date of en-actment of the corresponding section 111 provi-sion. \n(2) A reference to a section 111 provision, in-\ncluding a reference in a regulation, order, or other law, is deemed to refer to the cor-responding chapter 63 provision. \n(3) A regulation, order, or other administra-\ntive action in effect under a section 111 provi-sion continues in effect under the corresponding chapter 63 provision. \n(4) An action taken or an offense committed \nunder a section 111 provision is deemed to have been taken or committed under the cor-responding chapter 63 provision. \n(c) C\nONFORMING AMENDMENTS .— \n(1) R EPEAL .—Section 111 of title 49, United \nStates Code, is repealed, and the item relating to section 111 in the analysis for chapter 1 of that title is deleted. \n(2) A\nNALYSIS FOR SUBTITLE III .—The analysis \nfor subtitle III of title 49, United States Code, is amended by inserting after the items for chapter 61 the following: \n‘‘C\nHAPTER 63—B UREAU OF TRANSPORTATION \nSTATISTICS .’’. \nSEC. 52012. ADMINISTRATIVE AUTHORITY. \nSection 112 of title 49, United States Code, is \namended by adding at the end the following: \n‘‘(f) P ROGRAM EVALUATION AND OVERSIGHT .— \nFor each of fiscal years 2013 and 2014, the Ad-ministrator is authorized to expend not more than 1\n1⁄2percent of the amounts authorized to \nbe appropriated for necessary expenses for ad-ministration and operations of the Research and Innovative Technology Administration for the coordination, evaluation, and oversight of the programs administered by the Administration. \n‘‘(g) C\nOLLABORATIVE RESEARCH AND DEVELOP -\nMENT .— \n‘‘(1) I N GENERAL .—To encourage innovative \nsolutions to multimodal transportation problems and stimulate the deployment of new tech-nology, the Administrator may carry out, on a cost-shared basis, collaborative research and de-velopment with— \n‘‘(A) non-Federal entities, including State and \nlocal governments, foreign governments, institu-tions of higher education, corporations, institu-tions, partnerships, sole proprietorships, and \ntrade associations that are incorporated or es-tablished under the laws of any State; \n‘‘(B) Federal laboratories; and ‘‘(C) other Federal agencies. ‘‘(2) C\nOOPERATION , GRANTS , CONTRACTS , AND \nAGREEMENTS .—Notwithstanding any other pro-\nvision of law, the Administrator may directly initiate contracts, grants, cooperative research and development agreements (as defined in sec-tion 12 of the Stevenson-Wydler Technology In-novation Act of 1980 (15 U.S.C. 3710a)), and other agreements to fund, and accept funds from, the Transportation Research Board of the National Research Council of the National Academy of Sciences, State departments of transportation, cities, counties, institutions of higher education, associations, and the agents of those entities to carry out joint transpor-tation research and technology efforts. \n‘‘(3) F\nEDERAL SHARE .— \n‘‘(A) I N GENERAL .—Subject to subparagraph \n(B), the Federal share of the cost of an activity carried out under paragraph (2) shall not exceed 50 percent. \n‘‘(B) E\nXCEPTION .—If the Secretary determines \nthat the activity is of substantial public interest or benefit, the Secretary may approve a greater Federal share. \n‘‘(C) N\nON-FEDERAL SHARE .—All costs directly \nincurred by the non-Federal partners, including personnel, travel, facility, and hardware devel-opment costs, shall be credited toward the non- Federal share of the cost of an activity described in subparagraph (A). \n‘‘(4) U\nSE OF TECHNOLOGY .—The research, de-\nvelopment, or use of a technology under a con-tract, grant, cooperative research and develop-ment agreement, or other agreement entered into under this subsection, including the terms under which the technology may be licensed and the resulting royalties may be distributed, shall be subject to the Stevenson-Wydler Technology In-novation Act of 1980 (15 U.S.C. 3701 et seq.). \n‘‘(5) W\nAIVER OF ADVERTISING REQUIRE -\nMENTS .—Section 6101 of title 41 shall not apply \nto a contract, grant, or other agreement entered into under this section.’’. \nSEC. 52013. TRANSPORTATION RESEARCH AND \nDEVELOPMENT STRATEGIC PLAN-NING. \nSection 508(a) of title 23, United States Code, \nis amended— \n(1) in paragraph (1), by striking ‘‘SAFETEA– \nLU’’ and inserting ‘‘Transportation Research and Innovative Technology Act of 2012’’; and \n(2) in paragraph (2), by striking subparagraph \n(A) and inserting the following: \n‘‘(A) describe the primary purposes of the \ntransportation research and development pro-gram, which shall include, at a minimum— \n‘‘(i) promoting safety; ‘‘(ii) reducing congestion and improving mo-\nbility; \n‘‘(iii) preserving the environment; ‘‘(iv) preserving the existing transportation \nsystem; \n‘‘(v) improving the durability and extending \nthe life of transportation infrastructure; and \n‘‘(vi) improving goods movement.’’. \nTITLE III—INTELLIGENT \nTRANSPORTATION SYSTEMS RESEARCH \nSEC. 53001. USE OF FUNDS FOR ITS ACTIVITIES. \nSection 513 of title 23, United States Code, is \namended to read as follows: \n‘‘§ 513. Use of funds for ITS activities \n‘‘(a) D EFINITIONS .—In this section, the fol-\nlowing definitions apply: \n‘‘(1) E LIGIBLE ENTITY .—The term ‘eligible enti-\nty’ means a State or local government, tribal government, transit agency, public toll author-ity, metropolitan planning organization, other political subdivision of a State or local govern-ment, or a multistate or multijurisdictional group applying through a single lead applicant. \n‘‘(2) M\nULTIJURISDICTIONAL GROUP .—The term \n‘multijurisdictional group’ means a combination of State governments, local governments, metro-\npolitan planning agencies, transit agencies, or other political subdivisions of a State that— \n‘‘(A) have signed a written agreement to im-\nplement an activity that meets the grant criteria under this section; and \n‘‘(B) is comprised of at least 2 members, each \nof whom is an eligible entity. \n‘‘(b) P\nURPOSE .—The purpose of this section is \nto develop, administer, communicate, and pro-mote the use of products of research, tech-nology, and technology transfer programs. \n‘‘(c) ITS A\nDOPTION .— \n‘‘(1) I NNOVATIVE TECHNOLOGIES AND STRATE -\nGIES.—The Secretary shall encourage the de-\nployment of ITS technologies that will improve the performance of the National Highway Sys-tem in such areas as traffic operations, emer-gency response, incident management, surface transportation network management, freight management, traffic flow information, and con-gestion management by accelerating the adop-tion of innovative technologies through the use of— \n‘‘(A) demonstration programs; ‘‘(B) grant funding; ‘‘(C) incentives to eligible entities; and ‘‘(D) other tools, strategies, or methods that \nwill result in the deployment of innovative ITS technologies. \n‘‘(2) C\nOMPREHENSIVE PLAN .—To carry out this \nsection, the Secretary shall develop a detailed and comprehensive plan that addresses the manner in which incentives may be adopted, as appropriate, through the existing deployment activities carried out by surface transportation modal administrations.’’. \nSEC. 53002. GOALS AND PURPOSES. \n(a) I NGENERAL .—Chapter 5 of title 23, United \nStates Code, is amended by adding after section 513 the following: \n‘‘§ 514. Goals and purposes \n‘‘(a) G\nOALS.—The goals of the intelligent \ntransportation system program include— \n‘‘(1) enhancement of surface transportation \nefficiency and facilitation of intermodalism and international trade to enable existing facilities to meet a significant portion of future transpor-tation needs, including public access to employ-ment, goods, and services and to reduce regu-latory, financial, and other transaction costs to public agencies and system users; \n‘‘(2) achievement of national transportation \nsafety goals, including enhancement of safe op-eration of motor vehicles and nonmotorized ve-hicles and improved emergency response to colli-sions, with particular emphasis on decreasing the number and severity of collisions; \n‘‘(3) protection and enhancement of the nat-\nural environment and communities affected by surface transportation, with particular empha-sis on assisting State and local governments to achieve national environmental goals; \n‘‘(4) accommodation of the needs of all users \nof surface transportation systems, including op-erators of commercial motor vehicles, passenger motor vehicles, motorcycles, bicycles, and pedes-trians (including individuals with disabilities); and \n‘‘(5) enhancement of national defense mobility \nand improvement of the ability of the United States to respond to security-related or other manmade emergencies and natural disasters. \n‘‘(b) P\nURPOSES .—The Secretary shall imple-\nment activities under the intelligent transpor-tation system program, at a minimum— \n‘‘(1) to expedite, in both metropolitan and \nrural areas, deployment and integration of in-telligent transportation systems for consumers of passenger and freight transportation; \n‘‘(2) to ensure that Federal, State, and local \ntransportation officials have adequate knowl-edge of intelligent transportation systems for consideration in the transportation planning process; \n‘‘(3) to improve regional cooperation and oper-\nations planning for effective intelligent trans-portation system deployment; \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00399 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4558 June 28, 2012 \n‘‘(4) to promote the innovative use of private \nresources in support of intelligent transpor-tation system development; \n‘‘(5) to facilitate, in cooperation with the \nmotor vehicle industry, the introduction of vehi-cle-based safety enhancing systems; \n‘‘(6) to support the application of intelligent \ntransportation systems that increase the safety and efficiency of commercial motor vehicle oper-ations; \n‘‘(7) to develop a workforce capable of devel-\noping, operating, and maintaining intelligent transportation systems; \n‘‘(8) to provide continuing support for oper-\nations and maintenance of intelligent transpor-tation systems; and \n‘‘(9) to ensure a systems approach that in-\ncludes cooperation among vehicles, infrastruc-ture, and users.’’. \n(b) C\nONFORMING AMENDMENT .—The analysis \nfor chapter 5 of title 23, United States Code, is amended by adding after the item relating to section 513 the following: \n‘‘514. Goals and purposes.’’. \nSEC. 53003. GENERAL AUTHORITIES AND RE-\nQUIREMENTS. \n(a) I NGENERAL .—Chapter 5 of title 23, United \nStates Code, is amended by adding after section 514 (as added by section 53002) the following: \n‘‘§ 515. General authorities and requirements \n‘‘(a) S\nCOPE.—Subject to the provisions of this \nchapter, the Secretary shall conduct an ongoing intelligent transportation system program— \n‘‘(1) to research, develop, and operationally \ntest intelligent transportation systems; and \n‘‘(2) to provide technical assistance in the na-\ntionwide application of those systems as a com-ponent of the surface transportation systems of the United States. \n‘‘(b) P\nOLICY .—Intelligent transportation sys-\ntem research projects and operational tests funded pursuant to this chapter shall encourage and not displace public-private partnerships or private sector investment in those tests and projects. \n‘‘(c) C\nOOPERATION WITHGOVERNMENTAL , PRI-\nVATE, AND EDUCATIONAL ENTITIES .—The Sec-\nretary shall carry out the intelligent transpor-tation system program in cooperation with State and local governments and other public entities, the private sector firms of the United States, the Federal laboratories, and institutions of higher education, including historically Black colleges and universities and other minority institutions of higher education. \n‘‘(d) C\nONSULTATION WITH FEDERAL OFFI-\nCIALS .—In carrying out the intelligent transpor-\ntation system program, the Secretary shall con-sult with the heads of other Federal agencies, as appropriate. \n‘‘(e) T\nECHNICAL ASSISTANCE , TRAINING , AND \nINFORMATION .—The Secretary may provide tech-\nnical assistance, training, and information to State and local governments seeking to imple-ment, operate, maintain, or evaluate intelligent transportation system technologies and services. \n‘‘(f) T\nRANSPORTATION PLANNING .—The Sec-\nretary may provide funding to support adequate consideration of transportation systems manage-ment and operations, including intelligent transportation systems, within metropolitan and statewide transportation planning processes. \n‘‘(g) I\nNFORMATION CLEARINGHOUSE .— \n‘‘(1) I N GENERAL .—The Secretary shall— \n‘‘(A) maintain a repository for technical and \nsafety data collected as a result of federally sponsored projects carried out under this chap-ter; and \n‘‘(B) make, on request, that information (ex-\ncept for proprietary information and data) read-ily available to all users of the repository at an appropriate cost. \n‘‘(2) A\nGREEMENT .— \n‘‘(A) I N GENERAL .—The Secretary may enter \ninto an agreement with a third party for the maintenance of the repository for technical and safety data under paragraph (1)(A). ‘‘(B) F\nEDERAL FINANCIAL ASSISTANCE .—If the \nSecretary enters into an agreement with an enti-ty for the maintenance of the repository, the en-tity shall be eligible for Federal financial assist-ance under this section. \n‘‘(3) A\nVAILABILITY OF INFORMATION .—Infor-\nmation in the repository shall not be subject to sections 552 and 555 of title 5, United States Code. \n‘‘(h) A\nDVISORY COMMITTEE .— \n‘‘(1) I N GENERAL .—The Secretary shall estab-\nlish an Advisory Committee to advise the Sec-retary on carrying out this chapter. \n‘‘(2) M\nEMBERSHIP .—The Advisory Committee \nshall have no more than 20 members, be bal-anced between metropolitan and rural interests, and include, at a minimum— \n‘‘(A) a representative from a State highway \ndepartment; \n‘‘(B) a representative from a local highway \ndepartment who is not from a metropolitan planning organization; \n‘‘(C) a representative from a State, local, or \nregional transit agency; \n‘‘(D) a representative from a metropolitan \nplanning organization; \n‘‘(E) a private sector user of intelligent trans-\nportation system technologies; \n‘‘(F) an academic researcher with expertise in \ncomputer science or another information science field related to intelligent transportation sys-tems, and who is not an expert on transpor-tation issues; \n‘‘(G) an academic researcher who is a civil en-\ngineer; \n‘‘(H) an academic researcher who is a social \nscientist with expertise in transportation issues; \n‘‘(I) a representative from a nonprofit group \nrepresenting the intelligent transportation sys-tem industry; \n‘‘(J) a representative from a public interest \ngroup concerned with safety; \n‘‘(K) a representative from a public interest \ngroup concerned with the impact of the trans-portation system on land use and residential patterns; and \n‘‘(L) members with expertise in planning, safe-\nty, telecommunications, utilities, and oper-ations. \n‘‘(3) D\nUTIES .—The Advisory Committee shall, \nat a minimum, perform the following duties: \n‘‘(A) Provide input into the development of \nthe intelligent transportation system aspects of the strategic plan under section 508. \n‘‘(B) Review, at least annually, areas of intel-\nligent transportation systems research being considered for funding by the Department, to determine— \n‘‘(i) whether these activities are likely to ad-\nvance either the state-of-the-practice or state-of- the-art in intelligent transportation systems; \n‘‘(ii) whether the intelligent transportation \nsystem technologies are likely to be deployed by users, and if not, to determine the barriers to de-ployment; and \n‘‘(iii) the appropriate roles for government \nand the private sector in investing in the re-search and technologies being considered. \n‘‘(4) R\nEPORT .—Not later than February 1 of \neach year after the date of enactment of the Transportation Research and Innovative Tech-nology Act of 2012, the Secretary shall submit to Congress a report that includes— \n‘‘(A) all recommendations made by the Advi-\nsory Committee during the preceding calendar year; \n‘‘(B) an explanation of the manner in which \nthe Secretary has implemented those rec-ommendations; and \n‘‘(C) for recommendations not implemented, \nthe reasons for rejecting the recommendations. \n‘‘(5) A\nPPLICABILITY OF FEDERAL ADVISORY \nCOMMITTEE ACT .—The Advisory Committee shall \nbe subject to the Federal Advisory Committee Act (5 U.S.C. App.). \n‘‘(i) R\nEPORTING .— \n‘‘(1) G UIDELINES AND REQUIREMENTS .— \n‘‘(A) I N GENERAL .—The Secretary shall issue \nguidelines and requirements for the reporting and evaluation of operational tests and deploy-\nment projects carried out under this chapter. \n‘‘(B) O BJECTIVITY AND INDEPENDENCE .—The \nguidelines and requirements issued under sub-paragraph (A) shall include provisions to ensure the objectivity and independence of the report-ing entity so as to avoid any real or apparent conflict of interest or potential influence on the outcome by parties to any such test or deploy-ment project or by any other formal evaluation carried out under this chapter. \n‘‘(C) F\nUNDING .—The guidelines and require-\nments issued under subparagraph (A) shall es-tablish reporting funding levels based on the size and scope of each test or project that ensure adequate reporting of the results of the test or project. \n‘‘(2) S\nPECIAL RULE .—Any survey, question-\nnaire, or interview that the Secretary considers necessary to carry out the reporting of any test, deployment project, or program assessment ac-tivity under this chapter shall not be subject to chapter 35 of title 44, United States Code.’’. \n(b) C\nONFORMING AMENDMENT .—The analysis \nfor chapter 5 of title 23, United States Code, is amended by adding after the item relating to section 514 (as added by section 53002) the fol-lowing: \n‘‘515. General authorities and requirements.’’. \nSEC. 53004. RESEARCH AND DEVELOPMENT. \n(a) I NGENERAL .—Chapter 5 of title 23, United \nStates Code, is amended by adding after section 515 (as added by section 53003) the following: \n‘‘§ 516. Research and development \n‘‘(a) I\nNGENERAL .—The Secretary shall carry \nout a comprehensive program of intelligent transportation system research and develop-ment, and operational tests of intelligent vehi-cles, intelligent infrastructure systems, and other similar activities that are necessary to carry out this chapter. \n‘‘(b) P\nRIORITY AREAS.—Under the program, \nthe Secretary shall give higher priority to fund-ing projects that— \n‘‘(1) enhance mobility and productivity \nthrough improved traffic management, incident management, transit management, freight man-agement, road weather management, toll collec-tion, traveler information, or highway oper-ations systems and remote sensing products; \n‘‘(2) use interdisciplinary approaches to de-\nvelop traffic management strategies and tools to address multiple impacts of congestion concur-rently; \n‘‘(3) address traffic management, incident \nmanagement, transit management, toll collection traveler information, or highway operations sys-tems; \n‘‘(4) incorporate research on the potential im-\npact of environmental, weather, and natural conditions on intelligent transportation systems, including the effects of cold climates; \n‘‘(5) enhance intermodal use of intelligent \ntransportation systems for diverse groups, in-cluding for emergency and health-related serv-ices; \n‘‘(6) enhance safety through improved crash \navoidance and protection, crash and other noti-fication, commercial motor vehicle operations, and infrastructure-based or cooperative safety systems; or \n‘‘(7) facilitate the integration of intelligent in-\nfrastructure, vehicle, and control technologies. \n‘‘(c) F\nEDERAL SHARE .—The Federal share pay-\nable on account of any project or activity car-ried out under subsection (a) shall not exceed 80 percent.’’. \n(b) C\nONFORMING AMENDMENT .—The analysis \nfor chapter 5 of title 23, United States Code, is amended by adding after the item relating to section 515 (as added by section 53003) the fol-lowing: \n‘‘516. Research and development.’’. \nSEC. 53005. NATIONAL ARCHITECTURE AND \nSTANDARDS. \n(a) I NGENERAL .—Chapter 5 of title 23, United \nStates Code, is amended by adding after section 516 (as added by section 53004) the following: \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00400 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4559 June 28, 2012 \n‘‘§ 517. National architecture and standards \n‘‘(a) I NGENERAL .— \n‘‘(1) D EVELOPMENT , IMPLEMENTATION , AND \nMAINTENANCE .—In accordance with section 12(d) \nof the National Technology Transfer and Ad-vancement Act of 1995 (15 U.S.C. 272 note; 110 Stat. 783; 115 Stat. 1241), the Secretary shall de-velop and maintain a national ITS architecture and supporting ITS standards and protocols to promote the use of systems engineering methods in the widespread deployment and evaluation of intelligent transportation systems as a compo-nent of the surface transportation systems of the United States. \n‘‘(2) I\nNTEROPERABILITY AND EFFICIENCY .—To \nthe maximum extent practicable, the national ITS architecture and supporting ITS standards and protocols shall promote interoperability among, and efficiency of, intelligent transpor-tation systems and technologies implemented throughout the United States. \n‘‘(3) U\nSE OF STANDARDS DEVELOPMENT ORGANI -\nZATIONS .—In carrying out this section, the Sec-\nretary shall support the development and main-tenance of standards and protocols using the services of such standards development organi-zations as the Secretary determines to be nec-essary and whose memberships are comprised of, and represent, the surface transportation and intelligent transportation systems industries. \n‘‘(b) S\nTANDARDS FOR NATIONAL POLICY IMPLE -\nMENTATION .—If the Secretary finds that a \nstandard is necessary for implementation of a nationwide policy relating to user fee collection or other capability requiring nationwide uni-formity, the Secretary, after consultation with stakeholders, may establish and require the use of that standard. \n‘‘(c) P\nROVISIONAL STANDARDS .— \n‘‘(1) I N GENERAL .—If the Secretary finds that \nthe development or balloting of an intelligent transportation system standard jeopardizes the timely achievement of the objectives described in subsection (a), the Secretary may establish a provisional standard, after consultation with affected parties, using, to the maximum extent practicable, the work product of appropriate standards development organizations. \n‘‘(2) P\nERIOD OF EFFECTIVENESS .—A provisional \nstandard established under paragraph (1) shall be published in the Federal Register and remain in effect until the appropriate standards devel-opment organization adopts and publishes a standard. \n‘‘(d) C\nONFORMITY WITHNATIONAL ARCHITEC -\nTURE.— \n‘‘(1) I N GENERAL .—Except as provided in para-\ngraph (2), the Secretary shall ensure that intel-ligent transportation system projects carried out using amounts made available from the High-way Trust Fund, including amounts made available to deploy intelligent transportation systems, conform to the appropriate regional ITS architecture, applicable standards, and pro-tocols developed under subsection (a) or (c). \n‘‘(2) D\nISCRETION OF THE SECRETARY .—The Sec-\nretary, at the discretion of the Secretary, may offer an exemption from paragraph (1) for projects designed to achieve specific research ob-jectives outlined in the national intelligent transportation system program plan or the sur-face transportation research and development strategic plan developed under section 508.’’. \n(b) C\nONFORMING AMENDMENT .—The analysis \nfor chapter 5 of title 23, United States Code, is amended by adding after the item relating to section 516 (as added by section 53004) the fol-lowing: \n‘‘517. National architecture and standards.’’. \nSEC. 53006. VEHICLE-TO-VEHICLE AND VEHICLE- \nTO-INFRASTRUCTURE COMMUNICA-TIONS SYSTEMS DEPLOYMENT. \n(a) I NGENERAL .—Chapter 5 of title 23, United \nStates Code, is amended by adding after section 517 (as added by section 53005) the following: ‘‘§ 518. Vehicle-to-vehicle and vehicle-to-infra-\nstructure communications systems deploy-ment \n‘‘(a) I\nNGENERAL .—Not later than 3 years \nafter the date of enactment of this section, the Secretary shall submit to the Committees on Commerce, Science, and Transportation and En-vironment and Public Works of the Senate and the Committees on Transportation and Infra-structure, Energy and Commerce, and Science, Space, and Technology of the House of Rep-resentatives that— \n‘‘(1) assesses the status of dedicated short- \nrange communications technology and applica-tions developed through research and develop-ment; \n‘‘(2) analyzes the known and potential gaps \nin short-range communications technology and applications; \n‘‘(3) defines a recommended implementation \npath for dedicated short-range communications technology and applications that— \n‘‘(A) is based on the assessment described in \nparagraph (1); and \n‘‘(B) takes into account the analysis described \nin paragraph (2); \n‘‘(4) includes guidance on the relationship of \nthe proposed deployment of dedicated short- range communications to the National ITS Ar-chitecture and ITS Standards; and \n‘‘(5) ensures competition by not preferencing \nthe use of any particular frequency for vehicle to infrastructure operations. \n‘‘(b) R\nEPORT REVIEW .—The Secretary shall \nenter into agreements with the National Re-search Council and an independent third party with subject matter expertise for the review of the report described in subsection (a).’’. \n(b) C\nONFORMING AMENDMENT .—The analysis \nfor chapter 5 of title 23, United States Code, is amended by adding after section 517 (as added by section 53005) the following: \n‘‘518. Vehicle-to-vehicle and vehicle-to-infra-\nstructure communications systems deployment.’’. \nDIVISION F—MISCELLANEOUS \nTITLE I—REAUTHORIZATION OF CERTAIN \nPROGRAMS \nSubtitle A—Secure Rural Schools and \nCommunity Self-determination Program \nSEC. 100101. SECURE RURAL SCHOOLS AND COM-\nMUNITY SELF-DETERMINATION PRO-GRAM. \n(a) A MENDMENTS .—The Secure Rural Schools \nand Community Self-Determination Act of 2000 (16 U.S.C. 7101 et seq.) is amended— \n(1) in section 3(11)— (A) in subparagraph (A), by striking ‘‘and’’ \nafter the semicolon at the end; \n(B) in subparagraph (B)— (i) by striking ‘‘fiscal year 2009 and each fiscal \nyear thereafter’’ and inserting ‘‘each of fiscal years 2009 through 2011’’; and \n(ii) by striking the period at the end and in-\nserting ‘‘; and’’; and \n(C) by adding at the end the following: ‘‘(C) for fiscal year 2012 and each fiscal year \nthereafter, the amount that is equal to 95 per-cent of the full funding amount for the pre-ceding fiscal year.’’; \n(2) in sections 101, 102, 203, 207, 208, 304, and \n402, by striking ‘‘2011’’ each place it appears and inserting ‘‘2012’’; \n(3) in section 102— (A) by striking ‘‘2008’’ each place it appears \nand inserting ‘‘2012’’; \n(B) in subsection (b)(2)(B), by inserting ‘‘in \n2012’’ before ‘‘, the election’’; and \n(C) in subsection (d)— (i) in paragraph (1)(A), by striking ‘‘para-\ngraph (3)(B)’’ and inserting ‘‘subparagraph (D)’’; and \n(ii) in paragraph (3)— (I) by striking subparagraph (A) and inserting \nthe following: \n‘‘(A) N\nOTIFICATION .—The Governor of each el-\nigible State shall notify the Secretary concerned of an election by an eligible county under this \nsubsection not later than September 30, 2012, and each September 30 thereafter for each suc-ceeding fiscal year.’’; \n(II) by redesignating subparagraph (B) as \nsubparagraph (D) and moving the subparagraph so as to appear at the end of paragraph (1) of subsection (d); and \n(III) by inserting after subparagraph (A) the \nfollowing: \n‘‘(B) F\nAILURE TO ELECT .—If the Governor of \nan eligible State fails to notify the Secretary concerned of the election for an eligible county by the date specified in subparagraph (A)— \n‘‘(i) the eligible county shall be considered to \nhave elected to expend 80 percent of the funds in accordance with paragraph (1)(A); and \n‘‘(ii) the remainder shall be available to the \nSecretary concerned to carry out projects in the eligible county to further the purpose described in section 202(b).’’; \n(4) in section 103(d)(2), by striking ‘‘fiscal year \n2011’’ and inserting ‘‘each of fiscal years 2011 and 2012’’; \n(5) in section 202, by adding at the end the fol-\nlowing: \n‘‘(c) A\nDMINISTRATIVE EXPENSES .—A resource \nadvisory committee may, in accordance with section 203, propose to use not more than 10 per-cent of the project funds of an eligible county for any fiscal year for administrative expenses associated with operating the resource advisory committee under this title.’’; \n(6) in section 204(e)(3)(B)(iii), by striking ‘‘and \n2011’’ and inserting ‘‘through 2012’’; \n(7) in section 205(a)(4), by striking ‘‘2006’’ \neach place it appears and inserting ‘‘2011’’; \n(8) in section 208(b), by striking ‘‘2012’’ and \ninserting ‘‘2013’’; \n(9) in section 302(a)(2)(A), by inserting ‘‘and’’ \nafter the semicolon; and \n(10) in section 304(b), by striking ‘‘2012’’ and \ninserting ‘‘2013’’. \n(b) F\nAILURE TOMAKE ELECTION .—For each \ncounty that failed to make an election for fiscal year 2011 in accordance with section 102(d)(3)(A) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7112(d)(3)(A)), there shall be available to the Secretary of Agriculture to carry out projects to further the purpose described in sec-tion 202(b) of that Act (16 U.S.C. 7122(b)), from amounts in the Treasury not otherwise appro-priated, the amount that is equal to 15 percent of the total share of the State payment that oth-erwise would have been made to the county under that Act for fiscal year 2011. \nSubtitle B—Payment in Lieu of Taxes \nProgram \nSEC. 100111. PAYMENTS IN LIEU OF TAXES. \nSection 6906 of title 31, United States Code, is \namended by striking ‘‘2012’’ and inserting ‘‘2013’’. \nSubtitle C—Offsets \nSEC. 100121. PHASED RETIREMENT AUTHORITY. \n(a) CSRS.—Chapter 83 of title 5, United States \nCode, is amended— \n(1) in section 8331— (A) in paragraph (30) by striking ‘‘and’’ at the \nend; \n(B) in paragraph (31) by striking the period at \nthe end and inserting ‘‘; and’’; and \n(C) by adding at the end the following: ‘‘(32) ‘Director’ means the Director of the Of-\nfice of Personnel Management.’’; \n(2) by inserting after section 8336 the fol-\nlowing: \n‘‘§ 8336a. Phased retirement \n‘‘(a) For the purposes of this section— \n‘‘(1) the term ‘composite retirement annuity’ \nmeans the annuity computed when a phased re-tiree attains full retirement status; \n‘‘(2) the term ‘full retirement status’ means \nthat a phased retiree has ceased employment and is entitled, upon application, to a composite retirement annuity; \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00401 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4560 June 28, 2012 \n‘‘(3) the term ‘phased employment’ means the \nless-than-full-time employment of a phased re-tiree; \n‘‘(4) the term ‘phased retiree’ means a retire-\nment-eligible employee who— \n‘‘(A) makes an election under subsection (b); \nand \n‘‘(B) has not entered full retirement status; ‘‘(5) the term ‘phased retirement annuity’ \nmeans the annuity payable under this section before full retirement; \n‘‘(6) the term ‘phased retirement percentage’ \nmeans the percentage which, when added to the working percentage for a phased retiree, pro-duces a sum of 100 percent; \n‘‘(7) the term ‘phased retirement period’ means \nthe period beginning on the date on which an individual becomes entitled to receive a phased retirement annuity and ending on the date on which the individual dies or separates from phased employment; \n‘‘(8) the term ‘phased retirement status’ means \nthat a phased retiree is concurrently employed in phased employment and eligible to receive a phased retirement annuity; \n‘‘(9) the term ‘retirement-eligible employee’— ‘‘(A) means an individual who, if the indi-\nvidual separated from the service, would meet the requirements for retirement under subsection (a) or (b) of section 8336; but \n‘‘(B) does not include an employee described \nin section 8335 after the date on which the em-ployee is required to be separated from the serv-ice by reason of such section; and \n‘‘(10) the term ‘working percentage’ means the \npercentage of full-time employment equal to the quotient obtained by dividing— \n‘‘(A) the number of hours per pay period to be \nworked by a phased retiree, as scheduled in ac-cordance with subsection (b)(2); by \n‘‘(B) the number of hours per pay period to be \nworked by an employee serving in a comparable position on a full-time basis. \n‘‘(b)(1) With the concurrence of the head of \nthe employing agency, and under regulations promulgated by the Director, a retirement-eligi-ble employee who has been employed on a full- time basis for not less than the 3-year period ending on the date on which the retirement-eli-gible employee makes an election under this sub-section may elect to enter phased retirement sta-tus. \n‘‘(2)(A) Subject to subparagraph (B), at the \ntime of entering phased retirement status, a phased retiree shall be appointed to a position for which the working percentage is 50 percent. \n‘‘(B) The Director may, by regulation, provide \nfor working percentages different from the per-centage specified under subparagraph (A), which shall be not less than 20 percent and not more than 80 percent. \n‘‘(C) The working percentage for a phased re-\ntiree may not be changed during the phased re-tiree’s phased retirement period. \n‘‘(D)(i) Not less than 20 percent of the hours \nto be worked by a phased retiree shall consist of mentoring. \n‘‘(ii) The Director may, by regulation, provide \nfor exceptions to the requirement under clause (i). \n‘‘(iii) Clause (i) shall not apply to a phased \nretiree serving in the United States Postal Serv-ice. Nothing in this clause shall prevent the ap-plication of clause (i) or (ii) with respect to a phased retiree serving in the Postal Regulatory Commission. \n‘‘(3) A phased retiree— ‘‘(A) may not be employed in more than one \nposition at any time; and \n‘‘(B) may transfer to another position in the \nsame or a different agency, only if the transfer does not result in a change in the working per-centage. \n‘‘(4) A retirement-eligible employee may make \nnot more than one election under this subsection during the retirement-eligible employee’s life-time. \n‘‘(5) A retirement-eligible employee who makes \nan election under this subsection may not make an election under section 8343a. ‘‘(c)(1) Except as otherwise provided under \nthis subsection, the phased retirement annuity for a phased retiree is the product obtained by multiplying— \n‘‘(A) the amount of an annuity computed \nunder section 8339 that would have been pay-able to the phased retiree if, on the date on which the phased retiree enters phased retire-ment status, the phased retiree had separated from service and retired under section 8336(a) or (b); by \n‘‘(B) the phased retirement percentage for the \nphased retiree. \n‘‘(2) A phased retirement annuity shall be \npaid in addition to the basic pay for the position to which a phased retiree is appointed during phased employment. \n‘‘(3) A phased retirement annuity shall be ad-\njusted in accordance with section 8340. \n‘‘(4)(A) A phased retirement annuity shall not \nbe subject to reduction for any form of survivor annuity, shall not serve as the basis of the com-putation of any survivor annuity, and shall not be subject to any court order requiring a sur-vivor annuity to be provided to any individual. \n‘‘(B) A phased retirement annuity shall be \nsubject to a court order providing for division, allotment, assignment, execution, levy, attach-ment, garnishment, or other legal process on the same basis as other annuities. \n‘‘(5) Any reduction of a phased retirement an-\nnuity based on an election under section 8334(d)(2) shall be applied to the phased retire-ment annuity after computation under para-graph (1). \n‘‘(6)(A) Any deposit, or election of an actu-\narial annuity reduction in lieu of a deposit, for military service or for creditable civilian service for which retirement deductions were not made or refunded shall be made by a retirement-eligi-ble employee at or before the time the retire-ment-eligible employee enters phased retirement status. No such deposit may be made, or actu-arial adjustment in lieu thereof elected, at the time a phased retiree enters full retirement sta-tus. \n‘‘(B) Notwithstanding subparagraph (A), if a \nphased retiree does not make such a deposit and dies in service as a phased retiree, a survivor of the phased retiree shall have the same right to make such deposit as would have been available had the employee not entered phased retirement status and died in service. \n‘‘(C) If a phased retiree makes an election for \nan actuarial annuity reduction under section 8334(d)(2) and dies in service as a phased retiree, the amount of any deposit upon which such ac-tuarial reduction shall have been based shall be deemed to have been fully paid. \n‘‘(7) A phased retirement annuity shall com-\nmence on the date on which a phased retiree en-ters phased employment. \n‘‘(8) No unused sick leave credit may be used \nin the computation of the phased retirement an-nuity. \n‘‘(d) All basic pay not in excess of the full- \ntime rate of pay for the position to which a phased retiree is appointed shall be deemed to be basic pay for purposes of section 8334. \n‘‘(e) Under such procedures as the Director \nmay prescribe, a phased retiree may elect to enter full retirement status at any time. Upon making such an election, a phased retiree shall be entitled to a composite retirement annuity. \n‘‘(f)(1) Except as provided otherwise under \nthis subsection, a composite retirement annuity is a single annuity computed under regulations prescribed by the Director, equal to the sum of— \n‘‘(A) the amount of the phased retirement an-\nnuity as of the date of full retirement, before any reduction based on an election under sec-tion 8334(d)(2), and including any adjustments made under section 8340; and \n‘‘(B) the product obtained by multiplying— ‘‘(i) the amount of an annuity computed \nunder section 8339 that would have been pay-able at the time of full retirement if the indi-vidual had not elected a phased retirement and as if the individual was employed on a full-time \nbasis in the position occupied during the phased retirement period and before any reduction for survivor annuity or reduction based on an elec-tion under section 8334(d)(2); by \n‘‘(ii) the working percentage. ‘‘(2) After computing a composite retirement \nannuity under paragraph (1), the Director shall adjust the amount of the annuity for any appli-cable reductions for a survivor annuity and any previously elected actuarial reduction under section 8334(d)(2). \n‘‘(3) A composite retirement annuity shall be \nadjusted in accordance with section 8340, except that subsection (c)(1) of that section shall not apply. \n‘‘(4) In computing a composite retirement an-\nnuity under paragraph (1)(B)(i), the unused sick leave to the credit of a phased retiree at the time of entry into full retirement status shall be adjusted by dividing the number of hours of un-used sick leave by the working percentage. \n‘‘(g)(1) Under such procedures and conditions \nas the Director may provide, and with the con-currence of the head of the employing agency, a phased retiree may elect to terminate phased re-tirement status and return to a full-time work schedule. \n‘‘(2) Upon entering a full-time work schedule \nbased upon an election under paragraph (1), the phased retirement annuity of a phased retiree shall terminate. \n‘‘(3) After the termination of a phased retire-\nment annuity under this subsection, the individ-ual’s rights under this subchapter shall be de-termined based on the law in effect at the time of any subsequent separation from service. For purposes of this subchapter or chapter 84, at time of the subsequent separation from service, the phased retirement period shall be treated as if it had been a period of part-time employment with the work schedule described in subsection (b)(2). \n‘‘(h) For purposes of section 8341— ‘‘(1) the death of a phased retiree shall be \ndeemed to be the death in service of an em-ployee; and \n‘‘(2) the phased retirement period shall be \ndeemed to have been a period of part-time em-ployment with the work schedule described in subsection (b)(2). \n‘‘(i) Employment of a phased retiree shall not \nbe deemed to be part-time career employment, as \ndefined in section 3401(2). \n‘‘(j) A phased retiree is not eligible to apply \nfor an annuity under section 8337. \n‘‘(k) For purposes of section 8341(h)(4), retire-\nment shall be deemed to occur on the date on which a phased retiree enters into full retire-ment status. \n‘‘(l) For purposes of sections 8343 and 8351, \nand subchapter III of chapter 84, a phased re-tiree shall be deemed to be an employee. \n‘‘(m) A phased retiree is not subject to section \n8344. \n‘‘(n) For purposes of chapter 87, a phased re-\ntiree shall be deemed to be receiving basic pay at the rate of a full-time employee in the position to which the phased retiree is appointed.’’; and \n(3) in the table of sections by inserting after \nthe item relating to section 8336 the following: \n‘‘8336a. Phased retirement.’’. \n(b) FERS.—Chapter 84 of title 5, United States \nCode, is amended— \n(1) by inserting after section 8412 the fol-\nlowing new section: \n‘‘§ 8412a. Phased retirement \n‘‘(a) For the purposes of this section— \n‘‘(1) the term ‘composite retirement annuity’ \nmeans the annuity computed when a phased re-tiree attains full retirement status; \n‘‘(2) the term ‘full retirement status’ means \nthat a phased retiree has ceased employment and is entitled, upon application, to a composite retirement annuity; \n‘‘(3) the term ‘phased employment’ means the \nless-than-full-time employment of a phased re-tiree; \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00402 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4561 June 28, 2012 \n‘‘(4) the term ‘phased retiree’ means a retire-\nment-eligible employee who— \n‘‘(A) makes an election under subsection (b); \nand \n‘‘(B) has not entered full retirement status; ‘‘(5) the term ‘phased retirement annuity’ \nmeans the annuity payable under this section before full retirement; \n‘‘(6) the term ‘phased retirement percentage’ \nmeans the percentage which, when added to the working percentage for a phased retiree, pro-duces a sum of 100 percent; \n‘‘(7) the term ‘phased retirement period’ means \nthe period beginning on the date on which an individual becomes entitled to receive a phased retirement annuity and ending on the date on which the individual dies or separates from phased employment; \n‘‘(8) the term ‘phased retirement status’ means \nthat a phased retiree is concurrently employed in phased employment and eligible to receive a phased retirement annuity; \n‘‘(9) the term ‘retirement-eligible employee’— ‘‘(A) means an individual who, if the indi-\nvidual separated from the service, would meet the requirements for retirement under subsection (a) or (b) of section 8412; and \n‘‘(B) does not include— ‘‘(i) an individual who, if the individual sepa-\nrated from the service, would meet the require-ments for retirement under subsection (d) or (e) of section 8412; but \n‘‘(ii) does not include an employee described \nin section 8425 after the date on which the em-ployee is required to be separated from the serv-ice by reason of such section; and \n‘‘(10) the term ‘working percentage’ means the \npercentage of full-time employment equal to the quotient obtained by dividing— \n‘‘(A) the number of hours per pay period to be \nworked by a phased retiree, as scheduled in ac-cordance with subsection (b)(2); by \n‘‘(B) the number of hours per pay period to be \nworked by an employee serving in a comparable position on a full-time basis. \n‘‘(b)(1) With the concurrence of the head of \nthe employing agency, and under regulations promulgated by the Director, a retirement-eligi-ble employee who has been employed on a full- time basis for not less than the 3-year period ending on the date on which the retirement-eli-gible employee makes an election under this sub-section may elect to enter phased retirement sta-tus. \n‘‘(2)(A) Subject to subparagraph (B), at the \ntime of entering phased retirement status, a phased retiree shall be appointed to a position for which the working percentage is 50 percent. \n‘‘(B) The Director may, by regulation, provide \nfor working percentages different from the per-centage specified under subparagraph (A), which shall be not less than 20 percent and not more than 80 percent. \n‘‘(C) The working percentage for a phased re-\ntiree may not be changed during the phased re-tiree’s phased retirement period. \n‘‘(D)(i) Not less than 20 percent of the hours \nto be worked by a phased retiree shall consist of mentoring. \n‘‘(ii) The Director may, by regulation, provide \nfor exceptions to the requirement under clause (i). \n‘‘(iii) Clause (i) shall not apply to a phased \nretiree serving in the United States Postal Serv-ice. Nothing in this clause shall prevent the ap-plication of clause (i) or (ii) with respect to a phased retiree serving in the Postal Regulatory Commission. \n‘‘(3) A phased retiree— ‘‘(A) may not be employed in more than one \nposition at any time; and \n‘‘(B) may transfer to another position in the \nsame or a different agency, only if the transfer does not result in a change in the working per-centage. \n‘‘(4) A retirement-eligible employee may make \nnot more than one election under this subsection during the retirement-eligible employee’s life-time. ‘‘(5) A retirement-eligible employee who makes \nan election under this subsection may not make an election under section 8420a. \n‘‘(c)(1) Except as otherwise provided under \nthis subsection, the phased retirement annuity for a phased retiree is the product obtained by multiplying— \n‘‘(A) the amount of an annuity computed \nunder section 8415 that would have been pay-able to the phased retiree if, on the date on which the phased retiree enters phased retire-ment status, the phased retiree had separated from service and retired under section 8412 (a) or (b); by \n‘‘(B) the phased retirement percentage for the \nphased retiree. \n‘‘(2) A phased retirement annuity shall be \npaid in addition to the basic pay for the position to which a phased retiree is appointed during the phased employment. \n‘‘(3) A phased retirement annuity shall be ad-\njusted in accordance with section 8462. \n‘‘(4)(A) A phased retirement annuity shall not \nbe subject to reduction for any form of survivor annuity, shall not serve as the basis of the com-putation of any survivor annuity, and shall not be subject to any court order requiring a sur-vivor annuity to be provided to any individual. \n‘‘(B) A phased retirement annuity shall be \nsubject to a court order providing for division, allotment, assignment, execution, levy, attach-ment, garnishment, or other legal process on the same basis as other annuities. \n‘‘(5)(A) Any deposit, or election of an actu-\narial annuity reduction in lieu of a deposit, for military service or for creditable civilian service for which retirement deductions were not made or refunded, shall be made by a retirement-eligi-ble employee at or before the time the retire-ment-eligible employee enters phased retirement status. No such deposit may be made, or actu-arial adjustment in lieu thereof elected, at the time a phased retiree enters full retirement sta-tus. \n‘‘(B) Notwithstanding subparagraph (A), if a \nphased retiree does not make such a deposit and dies in service as a phased retiree, a survivor of the phased retiree shall have the same right to make such deposit as would have been available had the employee not entered phased retirement status and died in service. \n‘‘(6) A phased retirement annuity shall com-\nmence on the date on which a phased retiree en-ters phased employment. \n‘‘(7) No unused sick leave credit may be used \nin the computation of the phased retirement an-nuity. \n‘‘(d) All basic pay not in excess of the full- \ntime rate of pay for the position to which a phased retiree is appointed shall be deemed to be basic pay for purposes of sections 8422 and 8423. \n‘‘(e) Under such procedures as the Director \nmay prescribe, a phased retiree may elect to enter full retirement status at any time. Upon making such an election, a phased retiree shall be entitled to a composite retirement annuity. \n‘‘(f)(1) Except as provided otherwise under \nthis subsection, a composite retirement annuity is a single annuity computed under regulations prescribed by the Director, equal to the sum of— \n‘‘(A) the amount of the phased retirement an-\nnuity as of the date of full retirement, including any adjustments made under section 8462; and \n‘‘(B) the product obtained by multiplying— ‘‘(i) the amount of an annuity computed \nunder section 8412 that would have been pay-able at the time of full retirement if the indi-vidual had not elected a phased retirement and as if the individual was employed on a full-time basis in the position occupied during the phased retirement period and before any adjustment to provide for a survivor annuity; by \n‘‘(ii) the working percentage. ‘‘(2) After computing a composite retirement \nannuity under paragraph (1), the Director shall adjust the amount of the annuity for any appli-cable reductions for a survivor annuity. \n‘‘(3) A composite retirement annuity shall be \nadjusted in accordance with section 8462, except that subsection (c)(1) of that section shall not \napply. \n‘‘(4) In computing a composite retirement an-\nnuity under paragraph (1)(B)(i), the unused sick leave to the credit of a phased retiree at the time of entry into full retirement status shall be adjusted by dividing the number of hours of un-used sick leave by the working percentage. \n‘‘(g)(1) Under such procedures and conditions \nas the Director may provide, and with the con-currence of the head of employing agency, a phased retiree may elect to terminate phased re-tirement status and return to a full-time work schedule. \n‘‘(2) Upon entering a full-time work schedule \nbased on an election under paragraph (1), the phased retirement annuity of a phased retiree shall terminate. \n‘‘(3) After termination of the phased retire-\nment annuity under this subsection, the individ-ual’s rights under this chapter shall be deter-mined based on the law in effect at the time of any subsequent separation from service. For purposes of this chapter, at the time of the sub-sequent separation from service, the phased re-tirement period shall be treated as if it had been a period of part-time employment with the work schedule described in subsection (b)(2). \n‘‘(h) For purposes of subchapter IV— ‘‘(1) the death of a phased retiree shall be \ndeemed to be the death in service of an em-ployee; \n‘‘(2) except for purposes of section \n8442(b)(1)(A)(i), the phased retirement period \nshall be deemed to have been a period of part- time employment with the work schedule de-scribed in subsection (b)(2) of this section; and \n‘‘(3) for purposes of section 8442(b)(1)(A)(i), \nthe phased retiree shall be deemed to have been at the full-time rate of pay for the position occu-pied. \n‘‘(i) Employment of a phased retiree shall not \nbe deemed to be part-time career employment, as \ndefined in section 3401(2). \n‘‘(j) A phased retiree is not eligible to receive \nan annuity supplement under section 8421. \n‘‘(k) For purposes of subchapter III, a phased \nretiree shall be deemed to be an employee. \n‘‘(l) For purposes of section 8445(d), retirement \nshall be deemed to occur on the date on which a phased retiree enters into full retirement sta-tus. \n‘‘(m) A phased retiree is not eligible to apply \nfor an annuity under subchapter V. \n‘‘(n) A phased retiree is not subject to section \n8468. \n‘‘(o) For purposes of chapter 87, a phased re-\ntiree shall be deemed to be receiving basic pay at the rate of a full-time employee in the position to which the phased retiree is appointed.’’; and \n(2) in the table of sections by inserting after \nthe item relating to section 8412 the following: \n‘‘8412a. Phased retirement.’’. \n(c) E\nXEMPTION FROM 10-PERCENT ADDITIONAL \nTAX ON EARLY DISTRIBUTIONS .—Section \n72(t)(2)(A) of the Internal Revenue Code of 1986 is amended by striking ‘‘or’’ at the end of clause (vi), by striking the period at the end of clause (vii) and inserting ‘‘, or’’, and by adding at the end the following: \n‘‘(viii) payments under a phased retirement \nannuity under section 8366a(a)(5) or 8412a(a)(5) of title 5, United States Code, or a composite re-tirement annuity under section 8366a(a)(1) or 8412a(a)(1) of such title.’’. \n(d) E\nFFECTIVE DATE.—The amendments made \nby subsections (a) and (b) shall take effect on the effective date of the implementing regula-tions issued by the Director of the Office of Per-sonnel Management. \nSEC. 100122. ROLL-YOUR-OWN CIGARETTE MA-\nCHINES. \n(a) I NGENERAL .—Subsection (d) of section \n5702 of the Internal Revenue Code of 1986 is amended by adding at the end the following new flush sentence: \n‘‘Such term shall include any person who for \ncommercial purposes makes available for con-sumer use (including such consumer’s personal \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00403 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4562 June 28, 2012 \nconsumption or use under paragraph (1)) a ma-\nchine capable of making cigarettes, cigars, or other tobacco products. A person making such a machine available for consumer use shall be deemed the person making the removal as de-fined by subsection (j) with respect to any to-bacco products manufactured by such machine. A person who sells a machine directly to a con-sumer at retail for a consumer’s personal home use is not making a machine available for com-mercial purposes if such machine is not used at a retail premises and is designed to produce to-bacco products only in personal use quan-tities.’’. \n(b) E\nFFECTIVE DATE.—The amendment made \nby this section shall apply to articles removed after the date of the enactment of this Act. \nSEC. 100123. CHANGE IN FMAP INCREASE FOR \nDISASTER RECOVERY STATES. \n(a) A CCELERATED DATE FOR PRIOR AMEND -\nMENTS .—Section 3204(b) of the Middle Class Tax \nRelief and Job Creation Act of 2012 (Public Law 112–96) is amended by striking ‘‘October 1, 2013’’ and inserting ‘‘October 1, 2012’’. \n(b) A\nPPLICATION OF 50 P ERCENT IN FISCAL \nYEAR 2013.—Subparagraph (B) of section \n1905(aa)(1) of the Social Security Act (42 U.S.C. 1396d(aa)(1)), as amended by section 3204(a) of Public Law 112–96, is amended by striking ‘‘25 percent’’ and inserting ‘‘25 percent (or 50 per-cent in the case of fiscal year 2013)’’. \n(c) E\nFFECTIVE DATE.—The amendments made \nby this section shall be effective as if included in the enactment of section 3204 of Public Law 112– 96. \nSEC. 100124. REPEALS. \n(a) T RANSPORTATION REQUIREMENTS FOR CER-\nTAIN EXPORTS SPONSORED BY THE SECRETARY OF \nAGRICULTURE .— \n(1) R EPEAL .—Subsections (a) and (c) of section \n55314 of title 46, United States Code, are re-pealed. \n(2) A\nCTIVITIES DESCRIBED .—Subsection (b) of \nsection 55314 of title 46, United States Code, is amended by striking ‘‘This section applies to ex-port activity’’ and inserting ‘‘The activities specified in this subsection are export activi-ties’’. \n(b) F\nINANCING THE TRANSPORTATION OF AGRI-\nCULTURAL COMMODITIES .—Subsection (a) of sec-\ntion 55316 of title 46, United States Code, is re-pealed. \n(c) C\nONFORMING AMENDMENTS .— \n(1) M INIMUM TONNAGE .—Section 55315(b) of \ntitle 46, United States Code, is amended by strik-ing ‘‘subject to section 55314’’ and inserting ‘‘specified in section 55314(b)’’. \n(2) I\nSSUANCE AND PURCHASE OF OBLIGATIONS \nAND NOTIFICATION TO CONGRESS OF INSUFFI -\nCIENCY .—Section 55316 of title 46, United States \nCode, is amended— \n(A) in subsection (c)(1) by striking ‘‘under \nsubsections (a) and (b)’’ and inserting ‘‘under subsection (b)’’; and \n(B) in subsection (f) by striking ‘‘subsections \n(a) and (b) and section 55314(a) of this title’’ and inserting ‘‘subsection (b)’’. \n(3) T\nERMINATION OF SUBCHAPTER .—Section \n55317 of title 46, United States Code, is amended by striking ‘‘sections 55314(a) and 55316(a) and (b)’’ and inserting ‘‘section 55316(b)’’. \nSEC. 100125. LIMITATION ON PAYMENTS FROM \nTHE ABANDONED MINE RECLAMA-TION FUND. \nSection 411(h) of the Surface Mining Control \nand Reclamation Act of 1977 (30 U.S.C. 1240a(h)) is amended by adding at the end the following: \n‘‘(5) L\nIMITATION ON ANNUAL PAYMENTS .—Not-\nwithstanding any other provision of this sub-section, the total annual payment to a certified State or Indian tribe under this subsection shall be not more than $15,000,000.’’. \nTITLE II—FLOOD INSURANCE \nSubtitle A—Flood Insurance Reform and \nModernization \nSEC. 100201. SHORT TITLE. \nThis subtitle may be cited as the ‘‘Biggert- \nWaters Flood Insurance Reform Act of 2012’’. SEC. 100202. DEFINITIONS. \n(a) I NGENERAL .—In this subtitle, the fol-\nlowing definitions shall apply: \n(1) 100- YEAR FLOODPLAIN .—The term ‘‘100- \nyear floodplain’’ means that area which is sub-ject to inundation from a flood having a 1-per-cent chance of being equaled or exceeded in any given year. \n(2) 500-\nYEAR FLOODPLAIN .—The term ‘‘500- \nyear floodplain’’ means that area which is sub-ject to inundation from a flood having a 0.2-per-cent chance of being equaled or exceeded in any given year. \n(3) A\nDMINISTRATOR .—The term ‘‘Adminis-\ntrator’’ means the Administrator of the Federal Emergency Management Agency. \n(4) N\nATIONAL FLOOD INSURANCE PROGRAM .— \nThe term ‘‘National Flood Insurance Program’’ means the program established under the Na-tional Flood Insurance Act of 1968 (42 U.S.C. 4011 et seq.). \n(5) W\nRITE YOUR OWN .—The term ‘‘Write Your \nOwn’’ means the cooperative undertaking be-tween the insurance industry and the Federal Insurance Administration which allows partici-pating property and casualty insurance compa-nies to write and service standard flood insur-ance policies. \n(b) C\nOMMON TERMINOLOGY .—Except as other-\nwise provided in this subtitle, any terms used in this subtitle shall have the meaning given to such terms under section 1370 of the National Flood Insurance Act of 1968 (42 U.S.C. 4121). \nSEC. 100203. EXTENSION OF NATIONAL FLOOD IN-\nSURANCE PROGRAM. \n(a) F INANCING .—Section 1309(a) of the Na-\ntional Flood Insurance Act of 1968 (42 U.S.C. 4016(a)) is amended by striking ‘‘July 31, 2012’’ and inserting ‘‘September 30, 2017’’. \n(b) P\nROGRAM EXPIRATION .—Section 1319 of the \nNational Flood Insurance Act of 1968 (42 U.S.C. 4026) is amended by striking ‘‘July 31, 2012’’ and inserting ‘‘September 30, 2017’’. \nSEC. 100204. AVAILABILITY OF INSURANCE FOR \nMULTIFAMILY PROPERTIES. \nSection 1305 of the National Flood Insurance \nAct of 1968 (42 U.S.C. 4012) is amended— \n(1) in subsection (b)(2)(A), by inserting ‘‘not \ndescribed in subsection (a) or (d)’’ after ‘‘prop-erties’’; and \n(2) by adding at the end the following: ‘‘(d) A\nVAILABILITY OF INSURANCE FOR MULTI-\nFAMILY PROPERTIES .— \n‘‘(1) I N GENERAL .—The Administrator shall \nmake flood insurance available to cover residen-tial properties of 5 or more residences. Notwith-standing any other provision of law, the max-imum coverage amount that the Administrator may make available under this subsection to such residential properties shall be equal to the coverage amount made available to commercial properties. \n‘‘(2) R\nULE OF CONSTRUCTION .—Nothing in this \nsubsection shall be construed to limit the ability of individuals residing in residential properties of 5 or more residences to obtain insurance for the contents and personal articles located in such residences.’’. \nSEC. 100205. REFORM OF PREMIUM RATE STRUC-\nTURE. \n(a) T OEXCLUDE CERTAIN PROPERTIES FROM \nRECEIVING SUBSIDIZED PREMIUM RATES.— \n(1) I N GENERAL .—Section 1307 of the National \nFlood Insurance Act of 1968 (42 U.S.C. 4014) is amended— \n(A) in subsection (a)(2), by striking ‘‘for any \nresidential property which is not the primary residence of an individual; and’’ and inserting the following: ‘‘for— \n‘‘(A) any residential property which is not the \nprimary residence of an individual; \n‘‘(B) any severe repetitive loss property; ‘‘(C) any property that has incurred flood-re-\nlated damage in which the cumulative amounts of payments under this title equaled or exceeded the fair market value of such property; \n‘‘(D) any business property; or ‘‘(E) any property which on or after the date \nof enactment of the Biggert-Waters Flood Insur-ance Reform Act of 2012 has experienced or sus-tained— \n‘‘(i) substantial damage exceeding 50 percent \nof the fair market value of such property; or \n‘‘(ii) substantial improvement exceeding 30 \npercent of the fair market value of such prop-erty; and’’; and \n(B) by adding at the end the following: ‘‘(g) N\nOEXTENSION OF SUBSIDY TO NEWPOLI-\nCIES OR LAPSED POLICIES .—The Administrator \nshall not provide flood insurance to prospective insureds at rates less than those estimated under subsection (a)(1), as required by para-graph (2) of that subsection, for— \n‘‘(1) any property not insured by the flood in-\nsurance program as of the date of enactment of the Biggert-Waters Flood Insurance Reform Act of 2012; \n‘‘(2) any property purchased after the date of \nenactment of the Biggert-Waters Flood Insur-ance Reform Act of 2012; \n‘‘(3) any policy under the flood insurance pro-\ngram that has lapsed in coverage, as a result of the deliberate choice of the holder of such pol-icy; or \n‘‘(4) any prospective insured who refuses to \naccept any offer for mitigation assistance by the Administrator (including an offer to relocate), including an offer of mitigation assistance— \n‘‘(A) following a major disaster, as defined in \nsection 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122); or \n‘‘(B) in connection with— ‘‘(i) a repetitive loss property; or ‘‘(ii) a severe repetitive loss property. ‘‘(h) D\nEFINITION .—In this section, the term \n‘severe repetitive loss property’ has the fol-lowing meaning: \n‘‘(1) S\nINGLE -FAMILY PROPERTIES .—In the case \nof a property consisting of 1 to 4 residences, such term means a property that— \n‘‘(A) is covered under a contract for flood in-\nsurance made available under this title; and \n‘‘(B) has incurred flood-related damage— ‘‘(i) for which 4 or more separate claims pay-\nments have been made under flood insurance coverage under this chapter, with the amount of each such claim exceeding $5,000, and with the cumulative amount of such claims payments ex-ceeding $20,000; or \n‘‘(ii) for which at least 2 separate claims pay-\nments have been made under such coverage, with the cumulative amount of such claims ex-ceeding the value of the property. \n‘‘(2) M\nULTIFAMILY PROPERTIES .—In the case \nof a property consisting of 5 or more residences, such term shall have such meaning as the Direc-tor shall by regulation provide.’’. \n(2) E\nFFECTIVE DATE .—The amendments made \nby paragraph (1) shall become effective 90 days after the date of enactment of this Act. \n(b) E\nSTIMATES OF PREMIUM RATES.—Section \n1307(a)(1)(B) of the National Flood Insurance Act of 1968 (42 U.S.C. 4014(a)(1)(B)) is amend-ed— \n(1) in clause (ii), by striking ‘‘and’’ at the end; (2) in clause (iii), by adding ‘‘and’’ at the end; \nand \n(3) by inserting after clause (iii) the following: ‘‘(iv) all costs, as prescribed by principles and \nstandards of practice in ratemaking adopted by the American Academy of Actuaries and the Casualty Actuarial Society, including— \n‘‘(I) an estimate of the expected value of fu-\nture costs, \n‘‘(II) all costs associated with the transfer of \nrisk, and \n‘‘(III) the costs associated with an individual \nrisk transfer with respect to risk classes, as de-fined by the Administrator,’’. \n(c) I\nNCREASE IN ANNUAL LIMITATION ON PRE-\nMIUM INCREASES .—Section 1308(e) of the Na-\ntional Flood Insurance Act of 1968 (42 U.S.C. 4015(e)) is amended— \n(1) in the matter preceding paragraph (1)— \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00404 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4563 June 28, 2012 \n(A) by striking ‘‘or (3)’’; and \n(B) by inserting ‘‘any properties’’ after \n‘‘under this title for’’; \n(2) in paragraph (1)— (A) by striking ‘‘any properties within any \nsingle’’ and inserting ‘‘within any single’’; and \n(B) by striking ‘‘10 percent’’ and inserting ‘‘20 \npercent’’; and \n(3) by striking paragraph (2) and inserting the \nfollowing: \n‘‘(2) described in subparagraphs (A) through \n(E) of section 1307(a)(2) shall be increased by 25 percent each year, until the average risk pre-mium rate for such properties is equal to the av-erage of the risk premium rates for properties described under paragraph (1).’’. \n(d) P\nREMIUM PAYMENT FLEXIBILITY FOR NEW \nANDEXISTING POLICYHOLDERS .—Section 1308 of \nthe National Flood Insurance Act of 1968 (42 U.S.C. 4015) is amended by adding at the end the following: \n‘‘(g) F\nREQUENCY OF PREMIUM COLLECTION .— \nWith respect to any chargeable premium rate prescribed under this section, the Administrator shall provide policyholders that are not required to escrow their premiums and fees for flood in-surance as set forth under section 102 of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a) with the option of paying their premiums either annually or in more frequent install-ments.’’. \n(e) R\nULE OF CONSTRUCTION .—Nothing in this \nsection or the amendments made by this section may be construed to affect the requirement under section 2(c) of the Act entitled ‘‘An Act to extend the National Flood Insurance Program, and for other purposes’’, approved May 31, 2012 (Public Law 112–123), that the first increase in chargeable risk premium rates for residential properties which are not the primary residence of an individual take effect on July 1, 2012. \nSEC. 100207. PREMIUM ADJUSTMENT. \nSection 1308 of the National Flood Insurance \nAct of 1968 (42 U.S.C. 4015), as amended by sec-tion 100205, is further amended by adding at the end the following: \n‘‘(h) P\nREMIUM ADJUSTMENT TOREFLECT CUR-\nRENT RISK OF FLOOD .—Notwithstanding sub-\nsection (f), upon the effective date of any re-vised or updated flood insurance rate map under this Act, the Flood Disaster Protection Act of 1973, or the Biggert-Waters Flood Insur-ance Reform Act of 2012, any property located in an area that is participating in the national flood insurance program shall have the risk pre-mium rate charged for flood insurance on such property adjusted to accurately reflect the cur-rent risk of flood to such property, subject to any other provision of this Act. Any increase in \nthe risk premium rate charged for flood insur-ance on any property that is covered by a flood insurance policy on the effective date of such an update that is a result of such updating shall be phased in over a 5-year period, at the rate of 20 percent for each year following such effective date. In the case of any area that was not pre-viously designated as an area having special flood hazards and that, pursuant to any issuance, revision, updating, or other change in a flood insurance map, becomes designated as such an area, the chargeable risk premium rate for flood insurance under this title that is pur-chased on or after the date of enactment of this subsection with respect to any property that is located within such area shall be phased in over a 5-year period, at the rate of 20 percent for each year following the effective date of such issuance, revision, updating, or change.’’. \nSEC. 100208. ENFORCEMENT. \nSection 102(f)(5) of the Flood Disaster Protec-\ntion Act of 1973 (42 U.S.C. 4012a(f)(5)) is amend-ed— \n(1) in the first sentence, by striking ‘‘$350’’ \nand inserting ‘‘$2,000’’; and \n(2) by striking the second sentence. \nSEC. 100209. ESCROW OF FLOOD INSURANCE PAY-\nMENTS. \n(a) I NGENERAL .—Paragraph (1) of section \n102(d) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a(d)) is amended to read as \nfollows: \n‘‘(1) R EGULATED LENDING INSTITUTIONS .— \n‘‘(A) F EDERAL ENTITIES RESPONSIBLE FOR \nLENDING REGULATIONS .—Each Federal entity for \nlending regulation (after consultation and co-ordination with the Federal Financial Institu-tions Examination Council) shall, by regulation, direct that all premiums and fees for flood in-surance under the National Flood Insurance Act of 1968, for improved real estate or a mobile home, shall be paid to the regulated lending in-stitution or servicer for any loan secured by the improved real estate or mobile home, with the same frequency as payments on the loan are made, for the duration of the loan. Except as provided in subparagraph (C), upon receipt of any premiums or fees, the regulated lending in-stitution or servicer shall deposit such premiums and fees in an escrow account on behalf of the borrower. Upon receipt of a notice from the Ad-ministrator or the provider of the flood insur-ance that insurance premiums are due, the pre-miums deposited in the escrow account shall be paid to the provider of the flood insurance. \n‘‘(B) L\nIMITATION .—Except as may be required \nunder applicable State law, a Federal entity for lending regulation may not direct or require a regulated lending institution to deposit pre-miums or fees for flood insurance under the Na-tional Flood Insurance Act of 1968 in an escrow account on behalf of a borrower under subpara-graph (A) or (B), if— \n‘‘(i) the regulated lending institution has total \nassets of less than $1,000,000,000; and \n‘‘(ii) on or before the date of enactment of the \nBiggert-Waters Flood Insurance Reform Act of 2012, the regulated lending institution— \n‘‘(I) in the case of a loan secured by residen-\ntial improved real estate or a mobile home, was not required under Federal or State law to de-posit taxes, insurance premiums, fees, or any other charges in an escrow account for the en-tire term of the loan; and \n‘‘(II) did not have a policy of consistently and \nuniformly requiring the deposit of taxes, insur-ance premiums, fees, or any other charges in an escrow account for loans secured by residential improved real estate or a mobile home.’’. \n(b) A\nPPLICABILITY .—The amendment made by \nsubsection (a) shall apply to any mortgage out-standing or entered into on or after the expira-tion of the 2-year period beginning on the date of enactment of this Act. \nSEC. 100210. MINIMUM DEDUCTIBLES FOR CLAIMS \nUNDER THE NATIONAL FLOOD IN-SURANCE PROGRAM. \nSection 1312 of the National Flood Insurance \nAct of 1968 (42 U.S.C. 4019) is amended— \n(1) by striking ‘‘The Director is’’ and inserting \nthe following: \n‘‘(a) I NGENERAL .—The Administrator is’’; and \n(2) by adding at the end the following: ‘‘(b) M\nINIMUM ANNUAL DEDUCTIBLE .— \n‘‘(1) P RE-FIRM PROPERTIES .—For any struc-\nture which is covered by flood insurance under this title, and on which construction or substan-tial improvement occurred on or before Decem-ber 31, 1974, or before the effective date of an initial flood insurance rate map published by the Administrator under section 1360 for the area in which such structure is located, the min-imum annual deductible for damage to such structure shall be— \n‘‘(A) $1,500, if the flood insurance coverage for \nsuch structure covers loss of, or physical dam-age to, such structure in an amount equal to or less than $100,000; and \n‘‘(B) $2,000, if the flood insurance coverage for \nsuch structure covers loss of, or physical dam-age to, such structure in an amount greater than $100,000. \n‘‘(2) P\nOST-FIRM PROPERTIES .—For any struc-\nture which is covered by flood insurance under this title, and on which construction or substan-tial improvement occurred after December 31, 1974, or after the effective date of an initial flood insurance rate map published by the Ad-ministrator under section 1360 for the area in \nwhich such structure is located, the minimum annual deductible for damage to such structure shall be— \n‘‘(A) $1,000, if the flood insurance coverage for \nsuch structure covers loss of, or physical dam-age to, such structure in an amount equal to or less than $100,000; and \n‘‘(B) $1,250, if the flood insurance coverage for \nsuch structure covers loss of, or physical dam-age to, such structure in an amount greater than $100,000.’’. \nSEC. 100211. CONSIDERATIONS IN DETERMINING \nCHARGEABLE PREMIUM RATES. \nSection 1308 of the National Flood Insurance \nAct of 1968 (42 U.S.C. 4015), as amended by this Act, is amended— \n(1) in subsection (a), by striking ‘‘, after con-\nsultation with’’ and all that follows through ‘‘by regulation’’ and inserting ‘‘prescribe, after providing notice’’; \n(2) in subsection (b)— (A) in paragraph (1), by striking the period at \nthe end and inserting a semicolon; \n(B) in paragraph (2), by striking the comma at \nthe end and inserting a semicolon; \n(C) in paragraph (3), by striking ‘‘, and’’ and \ninserting a semicolon; \n(D) in paragraph (4), by striking the period at \nthe end and inserting ‘‘; and’’; and \n(E) by adding at the end the following: ‘‘(5) adequate, on the basis of accepted actu-\narial principles, to cover the average historical loss year obligations incurred by the National Flood Insurance Fund.’’; and \n(3) by adding at the end the following: ‘‘(i) R\nULE OF CONSTRUCTION .—For purposes of \nthis section, the calculation of an ‘average his-torical loss year’— \n‘‘(1) includes catastrophic loss years; and ‘‘(2) shall be computed in accordance with \ngenerally accepted actuarial principles.’’. \nSEC. 100212. RESERVE FUND. \nChapter I of the National Flood Insurance Act \nof 1968 (42 U.S.C. 4011 et seq.) is amended by in-serting after section 1310 (42 U.S.C. 4017) the fol-lowing: \n‘‘SEC. 1310A. RESERVE FUND. \n‘‘(a) E STABLISHMENT OF RESERVE FUND.—In \ncarrying out the flood insurance program au-thorized by this chapter, the Administrator shall establish in the Treasury of the United States a National Flood Insurance Reserve Fund (in this section referred to as the ‘Reserve Fund’) which shall— \n‘‘(1) be an account separate from any other \naccounts or funds available to the Adminis-trator; and \n‘‘(2) be available for meeting the expected fu-\nture obligations of the flood insurance program, including— \n‘‘(A) the payment of claims; ‘‘(B) claims adjustment expenses; and ‘‘(C) the repayment of amounts outstanding \nunder any note or other obligation issued by the Administrator under section 1309(a). \n‘‘(b) R\nESERVE RATIO.—Subject to the phase-in \nrequirements under subsection (d), the Reserve Fund shall maintain a balance equal to— \n‘‘(1) 1 percent of the sum of the total potential \nloss exposure of all outstanding flood insurance policies in force in the prior fiscal year; or \n‘‘(2) such higher percentage as the Adminis-\ntrator determines to be appropriate, taking into consideration any circumstance that may raise a significant risk of substantial future losses to the Reserve Fund. \n‘‘(c) M\nAINTENANCE OF RESERVE RATIO.— \n‘‘(1) I N GENERAL .—The Administrator shall \nhave the authority to establish, increase, or de-crease the amount of aggregate annual insur-ance premiums to be collected for any fiscal year necessary— \n‘‘(A) to maintain the reserve ratio required \nunder subsection (b); and \n‘‘(B) to achieve such reserve ratio, if the ac-\ntual balance of such reserve is below the amount required under subsection (b). \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00405 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4564 June 28, 2012 \n‘‘(2) C ONSIDERATIONS .—In exercising the au-\nthority granted under paragraph (1), the Ad-ministrator shall consider— \n‘‘(A) the expected operating expenses of the \nReserve Fund; \n‘‘(B) the insurance loss expenditures under \nthe flood insurance program; \n‘‘(C) any investment income generated under \nthe flood insurance program; and \n‘‘(D) any other factor that the Administrator \ndetermines appropriate. \n‘‘(3) L\nIMITATIONS .— \n‘‘(A) R ATES.—In exercising the authority \ngranted under paragraph (1), the Administrator shall be subject to all other provisions of this Act, including any provisions relating to chargeable premium rates or annual increases of such rates. \n‘‘(B) U\nSE OF ADDITIONAL ANNUAL INSURANCE \nPREMIUMS .—Notwithstanding any other provi-\nsion of law or any agreement entered into by the Administrator, the Administrator shall ensure that all amounts attributable to the establish-ment or increase of annual insurance premiums under paragraph (1) are transferred to the Ad-ministrator for deposit into the Reserve Fund, to be available for meeting the expected future ob-ligations of the flood insurance program as de-scribed in subsection (a)(2). \n‘‘(d) P\nHASE-INREQUIREMENTS .—The phase-in \nrequirements under this subsection are as fol-lows: \n‘‘(1) I\nN GENERAL .—Beginning in fiscal year \n2013 and not ending until the fiscal year in which the ratio required under subsection (b) is achieved, in each such fiscal year the Adminis-trator shall place in the Reserve Fund an amount equal to not less than 7.5 percent of the reserve ratio required under subsection (b). \n‘‘(2) A\nMOUNT SATISFIED .—As soon as the ratio \nrequired under subsection (b) is achieved, and except as provided in paragraph (3), the Admin-istrator shall not be required to set aside any amounts for the Reserve Fund. \n‘‘(3) E\nXCEPTION .—If at any time after the \nratio required under subsection (b) is achieved, the Reserve Fund falls below the required ratio under subsection (b), the Administrator shall place in the Reserve Fund for that fiscal year an amount equal to not less than 7.5 percent of the reserve ratio required under subsection (b). \n‘‘(e) L\nIMITATION ON RESERVE RATIO.—In any \ngiven fiscal year, if the Administrator deter-mines that the reserve ratio required under sub-section (b) cannot be achieved, the Adminis-trator shall submit a report to Congress that— \n‘‘(1) describes and details the specific concerns \nof the Administrator regarding the consequences of the reserve ratio not being achieved; \n‘‘(2) demonstrates how such consequences \nwould harm the long-term financial soundness of the flood insurance program; and \n‘‘(3) indicates the maximum attainable reserve \nratio for that particular fiscal year. \n‘‘(f) I\nNVESTMENT .—The Secretary of the Treas-\nury shall invest such amounts of the Reserve Fund as the Secretary determines advisable in obligations issued or guaranteed by the United States.’’. \nSEC. 100213. REPAYMENT PLAN FOR BORROWING \nAUTHORITY. \n(a) R EPAYMENT PLANREQUIRED .—Section 1309 \nof the National Flood Insurance Act of 1968 (42 U.S.C. 4016) is amended by adding at the end the following: \n‘‘(c) Upon the exercise of the authority estab-\nlished under subsection (a), the Administrator shall transmit a schedule for repayment of such amounts to— \n‘‘(1) the Secretary of the Treasury; ‘‘(2) the Committee on Banking, Housing, and \nUrban Affairs of the Senate; and \n‘‘(3) the Committee on Financial Services of \nthe House of Representatives. \n‘‘(d) In connection with any funds borrowed \nby the Administrator under the authority estab-lished in subsection (a), the Administrator, be-ginning 6 months after the date on which such funds are borrowed, and continuing every 6 \nmonths thereafter until such borrowed funds are fully repaid, shall submit a report on the progress of such repayment to— \n‘‘(1) the Secretary of the Treasury; ‘‘(2) the Committee on Banking, Housing, and \nUrban Affairs of the Senate; and \n‘‘(3) the Committee on Financial Services of \nthe House of Representatives.’’. \n(b) R\nEPORT .—Not later than the expiration of \nthe 6-month period beginning on the date of en-actment of this Act, the Administrator shall sub-mit a report to the Congress setting forth op-tions for repaying within 10 years all amounts, including any amounts previously borrowed but not yet repaid, owed pursuant to clause (2) of subsection (a) of section 1309 of the National Flood Insurance Act of 1968 (42 U.S.C. 4016(a)(2)). \nSEC. 100214. PAYMENT OF CONDOMINIUM CLAIMS. \nSection 1312 of the National Flood Insurance \nAct of 1968 (42 U.S.C. 4019), as amended by sec-tion 100210, is amended by adding at the end the following: \n‘‘(c) P\nAYMENT OF CLAIMS TO CONDOMINIUM \nOWNERS .—The Administrator may not deny \npayment for any damage to or loss of property which is covered by flood insurance to condo-minium owners who purchased such flood insur-ance separate and apart from the flood insur-ance purchased by the condominium association in which such owner is a member, based solely, or in any part, on the flood insurance coverage of the condominium association or others on the overall property owned by the condominium as-sociation.’’. \nSEC. 100215. TECHNICAL MAPPING ADVISORY \nCOUNCIL. \n(a) E STABLISHMENT .—There is established a \ncouncil to be known as the Technical Mapping Advisory Council (in this section referred to as the ‘‘Council’’). \n(b) M\nEMBERSHIP .— \n(1) I N GENERAL .—The Council shall consist \nof— \n(A) the Administrator (or the designee there-\nof); \n(B) the Secretary of the Interior (or the des-\nignee thereof); \n(C) the Secretary of Agriculture (or the des-\nignee thereof); \n(D) the Under Secretary of Commerce for \nOceans and Atmosphere (or the designee there-of); and \n(E) 16 additional members appointed by the \nAdministrator or the designee of the Adminis-trator, who shall be— \n(i) a member of a recognized professional sur-\nveying association or organization; \n(ii) a member of a recognized professional \nmapping association or organization; \n(iii) a member of a recognized professional en-\ngineering association or organization; \n(iv) a member of a recognized professional as-\nsociation or organization representing flood hazard determination firms; \n(v) a representative of the United States Geo-\nlogical Survey; \n(vi) a representative of a recognized profes-\nsional association or organization representing State geographic information; \n(vii) a representative of State national flood \ninsurance coordination offices; \n(viii) a representative of the Corps of Engi-\nneers; \n(ix) a member of a recognized regional flood \nand storm water management organization; \n(x) 2 representatives of different State govern-\nment agencies that have entered into cooper-ating technical partnerships with the Adminis-trator and have demonstrated the capability to produce flood insurance rate maps; \n(xi) 2 representatives of different local govern-\nment agencies that have entered into cooper-ating technical partnerships with the Adminis-trator and have demonstrated the capability to produce flood insurance maps; (xii) a member of a recognized floodplain man-\nagement association or organization; \n(xiii) a member of a recognized risk manage-\nment association or organization; and \n(xiv) a State mitigation officer. (2) Q\nUALIFICATIONS .—Members of the Council \nshall be appointed based on their demonstrated knowledge and competence regarding surveying, cartography, remote sensing, geographic infor-mation systems, or the technical aspects of pre-paring and using flood insurance rate maps. In appointing members under paragraph (1)(E), the Administrator shall, to the maximum extent practicable, ensure that the membership of the Council has a balance of Federal, State, local, tribal, and private members, and includes geo-graphic diversity, including representation from areas with coastline on the Gulf of Mexico and other States containing areas identified by the Administrator as at high risk for flooding or as areas having special flood hazards. \n(c) D\nUTIES .—The Council shall— \n(1) recommend to the Administrator how to \nimprove in a cost-effective manner the— \n(A) accuracy, general quality, ease of use, \nand distribution and dissemination of flood in-surance rate maps and risk data; and \n(B) performance metrics and milestones re-\nquired to effectively and efficiently map flood risk areas in the United States; \n(2) recommend to the Administrator mapping \nstandards and guidelines for— \n(A) flood insurance rate maps; and (B) data accuracy, data quality, data cur-\nrency, and data eligibility; \n(3) recommend to the Administrator how to \nmaintain, on an ongoing basis, flood insurance rate maps and flood risk identification; \n(4) recommend procedures for delegating map-\nping activities to State and local mapping part-ners; \n(5) recommend to the Administrator and other \nFederal agencies participating in the Council— \n(A) methods for improving interagency and \nintergovernmental coordination on flood map-ping and flood risk determination; and \n(B) a funding strategy to leverage and coordi-\nnate budgets and expenditures across Federal agencies; and \n(6) submit an annual report to the Adminis-\ntrator that contains— \n(A) a description of the activities of the Coun-\ncil; \n(B) an evaluation of the status and perform-\nance of flood insurance rate maps and mapping activities to revise and update flood insurance rate maps, as required under section 100216; and \n(C) a summary of recommendations made by \nthe Council to the Administrator. \n(d) F\nUTURE CONDITIONS RISKASSESSMENT AND \nMODELING REPORT .— \n(1) I N GENERAL .—The Council shall consult \nwith scientists and technical experts, other Fed-eral agencies, States, and local communities to— \n(A) develop recommendations on how to— (i) ensure that flood insurance rate maps in-\ncorporate the best available climate science to assess flood risks; and \n(ii) ensure that the Federal Emergency Man-\nagement Agency uses the best available method-ology to consider the impact of— \n(I) the rise in the sea level; and (II) future development on flood risk; and (B) not later than 1 year after the date of en-\nactment of this Act, prepare written rec-ommendations in a future conditions risk assess-ment and modeling report and to submit such recommendations to the Administrator. \n(2) R\nESPONSIBILITY OF THE ADMINISTRATOR .— \nThe Administrator, as part of the ongoing pro-gram to review and update National Flood In-surance Program rate maps under section 100216, shall incorporate any future risk assess-ment submitted under paragraph (1)(B) in any such revision or update. \n(e) C\nHAIRPERSON .—The members of the Coun-\ncil shall elect 1 member to serve as the chair-person of the Council (in this section referred to as the ‘‘Chairperson’’). \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00406 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4565 June 28, 2012 \n(f) C OORDINATION .—To ensure that the Coun-\ncil’s recommendations are consistent, to the maximum extent practicable, with national dig-ital spatial data collection and management standards, the Chairperson shall consult with the Chairperson of the Federal Geographic Data Committee (established pursuant to Office of Management and Budget Circular A–16). \n(g) C\nOMPENSATION .—Members of the Council \nshall receive no additional compensation by rea-son of their service on the Council. \n(h) M\nEETINGS AND ACTIONS .— \n(1) I N GENERAL .—The Council shall meet not \nless frequently than twice each year at the re-quest of the Chairperson or a majority of its members, and may take action by a vote of the majority of the members. \n(2) I\nNITIAL MEETING .—The Administrator, or a \nperson designated by the Administrator, shall request and coordinate the initial meeting of the Council. \n(i) O\nFFICERS .—The Chairperson may appoint \nofficers to assist in carrying out the duties of the Council under subsection (c). \n(j) S\nTAFF.— \n(1) S TAFF OF FEMA .—Upon the request of the \nChairperson, the Administrator may detail, on a nonreimbursable basis, personnel of the Federal Emergency Management Agency to assist the Council in carrying out its duties. \n(2) S\nTAFF OF OTHER FEDERAL AGENCIES .— \nUpon request of the Chairperson, any other Federal agency that is a member of the Council may detail, on a nonreimbursable basis, per-sonnel to assist the Council in carrying out its duties. \n(k) P\nOWERS .—In carrying out this section, the \nCouncil may hold hearings, receive evidence and assistance, provide information, and conduct re-search, as it considers appropriate. \n(l) R\nEPORT TO CONGRESS .—The Administrator, \non an annual basis, shall report to the Com-mittee on Banking, Housing, and Urban Affairs of the Senate, the Committee on Financial Serv-ices of the House of Representatives, and the Office of Management and Budget on the— \n(1) recommendations made by the Council; (2) actions taken by the Federal Emergency \nManagement Agency to address such rec-ommendations to improve flood insurance rate maps and flood risk data; and \n(3) any recommendations made by the Council \nthat have been deferred or not acted upon, to-gether with an explanatory statement. \nSEC. 100216. NATIONAL FLOOD MAPPING PRO-\nGRAM. \n(a) R EVIEWING , UPDATING , AND MAINTAINING \nMAPS.—The Administrator, in coordination with \nthe Technical Mapping Advisory Council estab-lished under section 100215, shall establish an ongoing program under which the Administrator shall review, update, and maintain National Flood Insurance Program rate maps in accord-ance with this section. \n(b) M\nAPPING .— \n(1) I N GENERAL .—In carrying out the program \nestablished under subsection (a), the Adminis-trator shall— \n(A) identify, review, update, maintain, and \npublish National Flood Insurance Program rate maps with respect to— \n(i) all populated areas and areas of possible \npopulation growth located within the 100-year floodplain; \n(ii) all populated areas and areas of possible \npopulation growth located within the 500-year floodplain; \n(iii) areas of residual risk, including areas \nthat are protected by levees, dams, and other flood control structures; \n(iv) areas that could be inundated as a result \nof the failure of a levee, dam, or other flood con-trol structure; and \n(v) the level of protection provided by flood \ncontrol structures; \n(B) establish or update flood-risk zone data in \nall such areas, and make estimates with respect to the rates of probable flood caused loss for the various flood risk zones for each such area; and (C) use, in identifying, reviewing, updating, \nmaintaining, or publishing any National Flood Insurance Program rate map required under this section or under the National Flood Insurance Act of 1968 (42 U.S.C. 4011 et seq.), the most ac-curate topography and elevation data available. \n(2) M\nAPPING ELEMENTS .—Each map updated \nunder this section shall— \n(A) assess the accuracy of current ground ele-\nvation data used for hydrologic and hydraulic modeling of flooding sources and mapping of the flood hazard and wherever necessary acquire new ground elevation data utilizing the most up-to-date geospatial technologies in accord-ance with guidelines and specifications of the Federal Emergency Management Agency; and \n(B) develop National Flood Insurance Pro-\ngram flood data on a watershed basis— \n(i) to provide the most technically effective \nand efficient studies and hydrologic and hy-draulic modeling; and \n(ii) to eliminate, to the maximum extent pos-\nsible, discrepancies in base flood elevations be-tween adjacent political subdivisions. \n(3) O\nTHER INCLUSIONS .—In updating maps \nunder this section, the Administrator shall in-clude— \n(A) any relevant information on coastal inun-\ndation from— \n(i) an applicable inundation map of the Corps \nof Engineers; and \n(ii) data of the National Oceanic and Atmos-\npheric Administration relating to storm surge modeling; \n(B) any relevant information of the United \nStates Geological Survey on stream flows, water-shed characteristics, and topography that is useful in the identification of flood hazard areas, as determined by the Administrator; \n(C) any relevant information on land subsid-\nence, coastal erosion areas, changing lake lev-els, and other flood-related hazards; \n(D) any relevant information or data of the \nNational Oceanic and Atmospheric Administra-tion and the United States Geological Survey re-lating to the best available science regarding fu-ture changes in sea levels, precipitation, and in-tensity of hurricanes; and \n(E) any other relevant information as may be \nrecommended by the Technical Mapping Advi-sory Committee. \n(c) S\nTANDARDS .—In updating and maintaining \nmaps under this section, the Administrator shall— \n(1) establish standards to— (A) ensure that maps are adequate for— (i) flood risk determinations; and (ii) use by State and local governments in \nmanaging development to reduce the risk of flooding; and \n(B) facilitate identification and use of con-\nsistent methods of data collection and analysis by the Administrator, in conjunction with State and local governments, in developing maps for communities with similar flood risks, as deter-mined by the Administrator; and \n(2) publish maps in a format that is— (A) digital geospatial data compliant; (B) compliant with the open publishing and \ndata exchange standards established by the Open Geospatial Consortium; and \n(C) aligned with official data defined by the \nNational Geodetic Survey. \n(d) C\nOMMUNICATION AND OUTREACH .— \n(1) I N GENERAL .—The Administrator shall— \n(A) work to enhance communication and out-\nreach to States, local communities, and property owners about the effects— \n(i) of any potential changes to National Flood \nInsurance Program rate maps that may result from the mapping program required under this section; and \n(ii) that any such changes may have on flood \ninsurance purchase requirements; \n(B) engage with local communities to enhance \ncommunication and outreach to the residents of such communities, including tenants (with re-gard to contents insurance), on the matters de-scribed under subparagraph (A); and (C) upon the issuance of any proposed map \nand any notice of an opportunity to make an appeal relating to the proposed map, notify the Senators for each State affected and each Mem-ber of the House of Representatives for each congressional district affected by the proposed map of any action taken by the Administrator with respect to the proposed map or an appeal relating to the proposed map. \n(2) R\nEQUIRED ACTIVITIES .—The communica-\ntion and outreach activities required under paragraph (1) shall include— \n(A) notifying property owners when their \nproperties become included in, or when they are excluded from, an area covered by the manda-tory flood insurance purchase requirement under section 102 of the Flood Disaster Protec-tion Act of 1973 (42 U.S.C. 4012a); \n(B) educating property owners regarding the \nflood risk and reduction of this risk in their community, including the continued flood risks to areas that are no longer subject to the flood insurance mandatory purchase requirement; \n(C) educating property owners regarding the \nbenefits and costs of maintaining or acquiring flood insurance, including, where applicable, lower-cost preferred risk policies under the Na-tional Flood Insurance Act of 1968 (42 U.S.C. 4011 et seq.) for such properties and the contents of such properties; \n(D) educating property owners about flood \nmap revisions and the process available to such owners to appeal proposed changes in flood ele-vations through their community, including by notifying local radio and television stations; and \n(E) encouraging property owners to maintain \nor acquire flood insurance coverage. \n(e) C\nOMMUNITY REMAPPING REQUEST .—Upon \nthe adoption by the Administrator of any rec-ommendation by the Technical Mapping Advi-sory Council for reviewing, updating, or main-taining National Flood Insurance Program rate maps in accordance with this section, a commu-nity that believes that its flood insurance rates in effect prior to adoption would be affected by the adoption of such recommendation may sub-mit a request for an update of its rate maps, which may be considered at the Administrator’s sole discretion. The Administrator shall estab-lish a protocol for the evaluation of such com-munity map update requests. \n(f) A\nUTHORIZATION OF APPROPRIATIONS .— \nThere is authorized to be appropriated to the Administrator to carry out this section $400,000,000 for each of fiscal years 2013 through 2017. \nSEC. 100217. SCOPE OF APPEALS. \nSection 1363 of the National Flood Insurance \nAct of 1968 (42 U.S.C. 4104) is amended— \n(1) in subsection (a)— (A) by inserting ‘‘and designating areas hav-\ning special flood hazards’’ after ‘‘flood ele-vations’’; and \n(B) by striking ‘‘such determinations’’ and in-\nserting ‘‘such determinations and designations’’; and \n(2) in subsection (b)— (A) in the first sentence, by inserting ‘‘and \ndesignations of areas having special flood haz-ards’’ after ‘‘flood elevation determinations’’; and \n(B) by amending the third sentence to read as \nfollows: ‘‘The sole grounds for appeal shall be the possession of knowledge or information indi-cating that (1) the elevations being proposed by the Administrator with respect to an identified area having special flood hazards are scientif-ically or technically incorrect, or (2) the des-ignation of an identified special flood hazard area is scientifically or technically incorrect.’’. \nSEC. 100218. SCIENTIFIC RESOLUTION PANEL. \n(a) E STABLISHMENT .—Chapter III of the Na-\ntional Flood Insurance Act of 1968 (42 U.S.C. 4101 et seq.) is amended by inserting after sec-tion 1363 (42 U.S.C. 4104) the following: \n‘‘SEC. 1363A. SCIENTIFIC RESOLUTION PANEL. \n‘‘(a) A VAILABILITY .— \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00407 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4566 June 28, 2012 \n‘‘(1) I N GENERAL .—Pursuant to the authority \nprovided under section 1363(e), the Adminis-trator shall make available an independent re-view panel, to be known as the Scientific Reso-lution Panel, to any community— \n‘‘(A) that has— ‘‘(i) filed a timely map appeal in accordance \nwith section 1363; \n‘‘(ii) completed 60 days of consultation with \nthe Federal Emergency Management Agency on the appeal; and \n‘‘(iii) not allowed more than 120 days, or such \nlonger period as may be provided by the Admin-istrator by waiver, to pass since the end of the appeal period; or \n‘‘(B) that has received an unsatisfactory rul-\ning under the map revision process established pursuant to section 1360(f). \n‘‘(2) A\nPPEALS BY OWNERS AND LESSEES .—If a \ncommunity and an owner or lessee of real prop-erty within the community appeal a proposed determination of a flood elevation under section 1363(b), upon the request of the community— \n‘‘(A) the owner or lessee shall submit scientific \nand technical data relating to the appeals to the Scientific Resolution Panel; and \n‘‘(B) the Scientific Resolution Panel shall \nmake a determination with respect to the ap-peals in accordance with subsection (c). \n‘‘(3) D\nEFINITION .—For purposes of paragraph \n(1)(B), an ‘unsatisfactory ruling’ means that a community— \n‘‘(A) received a revised Flood Insurance Rate \nMap from the Federal Emergency Management Agency, via a Letter of Final Determination, after September 30, 2008, and prior to the date of enactment of this section; \n‘‘(B) has subsequently applied for a Letter of \nMap Revision or Physical Map Revision with the Federal Emergency Management Agency; and \n‘‘(C) has received an unfavorable ruling on \ntheir request for a map revision. \n‘‘(b) M\nEMBERSHIP .—The Scientific Resolution \nPanel made available under subsection (a) shall consist of 5 members with expertise that relates to the creation and study of flood hazard maps and flood insurance. The Scientific Resolution Panel may include representatives from Federal agencies not involved in the mapping study in question and from other impartial experts. Em-ployees of the Federal Emergency Management Agency may not serve on the Scientific Resolu-tion Panel. \n‘‘(c) D\nETERMINATION .— \n‘‘(1) I N GENERAL .—Following deliberations, \nand not later than 90 days after its formation, the Scientific Resolution Panel shall issue a de-termination of resolution of the dispute. Such determination shall set forth recommendations for the base flood elevation determination or the designation of an area having special flood haz-ards that shall be reflected in the Flood Insur-ance Rate Maps. \n‘‘(2) B\nASIS.—The determination of the Sci-\nentific Resolution Panel shall be based on— \n‘‘(A) data previously provided to the Adminis-\ntrator by the community, and, in the case of a dispute submitted under subsection (a)(2), an owner or lessee of real property in the commu-nity; and \n‘‘(B) data provided by the Administrator. ‘‘(3) N\nO ALTERNATIVE DETERMINATIONS PER -\nMISSIBLE .—The Scientific Resolution Panel— \n‘‘(A) shall provide a determination of resolu-\ntion of a dispute that— \n‘‘(i) is either in favor of the Administrator or \nin favor of the community on each distinct ele-ment of the dispute; or \n‘‘(ii) in the case of a dispute submitted under \nsubsection (a)(2), is in favor of the Adminis-trator, in favor of the community, or in favor of the owner or lessee of real property in the com-munity on each distinct element of the dispute; and \n‘‘(B) may not offer as a resolution any other \nalternative determination. \n‘‘(4) E\nFFECT OF DETERMINATION .— ‘‘(A) B INDING .—The recommendations of the \nScientific Resolution Panel shall be binding on all appellants and not subject to further judicial review unless the Administrator determines that implementing the determination of the panel would— \n‘‘(i) pose a significant threat due to failure to \nidentify a substantial risk of special flood haz-ards; or \n‘‘(ii) violate applicable law. ‘‘(B) W\nRITTEN JUSTIFICATION NOT TO EN -\nFORCE .—If the Administrator elects not to imple-\nment the determination of the Scientific Resolu-tion Panel pursuant to subparagraph (A), then not later than 60 days after the issuance of the determination, the Administrator shall issue a written justification explaining such election. \n‘‘(C) A\nPPEAL OF DETERMINATION NOT TO EN -\nFORCE .—If the Administrator elects not to imple-\nment the determination of the Scientific Resolu-tion Panel pursuant to subparagraph (A), the community may appeal the determination of the Administrator as provided for under section 1363(g). \n‘‘(d) M\nAPSUSED FOR INSURANCE AND MANDA -\nTORY PURCHASE REQUIREMENTS .—With respect \nto any community that has a dispute that is being considered by the Scientific Resolution Panel formed pursuant to this subsection, the Federal Emergency Management Agency shall ensure that for each such community that— \n‘‘(1) the Flood Insurance Rate Map described \nin the most recently issued Letter of Final De-termination shall be in force and effect with re-spect to such community; and \n‘‘(2) flood insurance shall continue to be made \navailable to the property owners and residents of the participating community.’’. \n(b) C\nONFORMING AMENDMENTS .— \n(1) A DMINISTRATIVE REVIEW .—Section 1363(e) \nof the National Flood Insurance Act of 1968 (42 U.S.C. 4104(e)) is amended, in the second sen-tence, by striking ‘‘an independent scientific body or appropriate Federal agency for advice’’ and inserting ‘‘the Scientific Resolution Panel provided for in section 1363A’’. \n(2) J\nUDICIAL REVIEW .—The first sentence of \nsection 1363(g) of the National Flood Insurance Act of 1968 (42 U.S.C. 4104(g)) is amended by striking ‘‘Any appellant’’ and inserting ‘‘Except as provided in section 1363A, any appellant’’. \nSEC. 100219. REMOVAL OF LIMITATION ON STATE \nCONTRIBUTIONS FOR UPDATING FLOOD MAPS. \nSection 1360(f)(2) of the National Flood Insur-\nance Act of 1968 (42 U.S.C. 4101(f)(2)) is amend-ed by striking ‘‘, but which may not exceed 50 percent of the cost of carrying out the requested revision or update’’. \nSEC. 100220. COORDINATION. \n(a) I NTERAGENCY BUDGET CROSSCUT AND CO-\nORDINATION REPORT .— \n(1) I N GENERAL .—The Secretary of Homeland \nSecurity, the Administrator, the Director of the Office of Management and Budget, and the heads of each Federal department or agency carrying out activities under sections 100215 and 100216 shall work together to ensure that flood risk determination data and geospatial data are shared among Federal agencies in order to co-ordinate the efforts of the Nation to reduce its vulnerability to flooding hazards. \n(2) R\nEPORT .—Not later than 30 days after the \nsubmission of the budget of the United States Government by the President to Congress, the Director of the Office of Management and Budget, in coordination with the Federal Emer-gency Management Agency, the United States Geological Survey, the National Oceanic and Atmospheric Administration, the Corps of Engi-neers, and other Federal agencies, as appro-priate, shall submit to the appropriate author-izing and appropriating committees of the Sen-ate and the House of Representatives an inter-agency budget crosscut and coordination report, certified by the Secretary or head of each such agency, that— (A) contains an interagency budget crosscut \nreport that displays relevant sections of the budget proposed for each of the Federal agen-cies working on flood risk determination data and digital elevation models, including any planned interagency or intra-agency transfers; and \n(B) describes how the efforts aligned with \nsuch sections complement one another. \n(b) D\nUTIES OF THE ADMINISTRATOR .—In car-\nrying out sections 100215 and 100216, the Admin-istrator shall— \n(1) participate, pursuant to section 216 of the \nE–Government Act of 2002 (44 U.S.C. 3501 note), in the establishment of such standards and com-mon protocols as are necessary to assure the interoperability of geospatial data for all users of such information; \n(2) coordinate with, seek assistance and co-\noperation of, and provide a liaison to the Fed-eral Geographic Data Committee pursuant to the Office of Management and Budget Circular A–16 and Executive Order 12906 (43 U.S.C. 1457 note; relating to the National Spatial Data In-frastructure) for the implementation of and com-pliance with such standards; \n(3) integrate with, leverage, and coordinate \nfunding of, to the maximum extent practicable, the current flood mapping activities of each unit of State and local government; \n(4) integrate with, leverage, and coordinate, to \nthe maximum extent practicable, the current geospatial activities of other Federal agencies and units of State and local government; and \n(5) develop a funding strategy to leverage and \ncoordinate budgets and expenditures, and to maintain or establish joint funding and other agreement mechanisms with other Federal agen-cies and units of State and local government to share in the collection and utilization of geospatial data among all governmental users. \nSEC. 100221. INTERAGENCY COORDINATION \nSTUDY. \n(a) I NGENERAL .—The Administrator shall \nenter into a contract with the National Acad-emy of Public Administration to conduct a study on how the Federal Emergency Management Agency— \n(1) should improve interagency and intergov-\nernmental coordination on flood mapping, in-cluding a funding strategy to leverage and co-ordinate budgets and expenditures; and \n(2) can establish joint funding mechanisms \nwith other Federal agencies and units of State and local government to share the collection and utilization of data among all governmental users. \n(b) T\nIMING .—A contract entered into under \nsubsection (a) shall require that, not later than 180 days after the date of enactment of this sub-title, the National Academy of Public Adminis-tration shall report the findings of the study re-quired under subsection (a) to— \n(1) the Committee on Banking, Housing, and \nUrban Affairs of the Senate; \n(2) the Committee on Financial Services of the \nHouse of Representatives; \n(3) the Committee on Appropriations of the \nSenate; and \n(4) the Committee on Appropriations of the \nHouse of Representatives. \nSEC. 100222. NOTICE OF FLOOD INSURANCE \nAVAILABILITY UNDER RESPA. \nSection 5(b) of the Real Estate Settlement Pro-\ncedures Act of 1974 (12 U.S.C. 2604(b)), as amended by section 1450 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111–203; 124 Stat. 2174), is amended by adding at the end the following: \n‘‘(14) An explanation of flood insurance and \nthe availability of flood insurance under the National Flood Insurance Program or from a private insurance company, whether or not the real estate is located in an area having special flood hazards.’’. \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00408 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4567 June 28, 2012 \nSEC. 100223. PARTICIPATION IN STATE DISASTER \nCLAIMS MEDIATION PROGRAMS. \nChapter I of the National Flood Insurance Act \nof 1968 (42 U.S.C. 4011 et seq.) is amended by in-serting after section 1313 (42 U.S.C. 4020) the fol-lowing: \n‘‘SEC. 1314. PARTICIPATION IN STATE DISASTER \nCLAIMS MEDIATION PROGRAMS. \n‘‘(a) R EQUIREMENT TOPARTICIPATE .—In the \ncase of the occurrence of a major disaster, as de-fined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122), that may have resulted in flood damage covered under the national flood insur-ance program established under this title and other personal lines residential property insur-ance coverage offered by a State regulated in-surer, upon a request made by the insurance commissioner of a State (or such other official responsible for regulating the business of insur-ance in the State) for the participation of rep-resentatives of the Administrator in a program sponsored by such State for nonbinding medi-ation of insurance claims resulting from a major disaster, the Administrator shall cause rep-resentatives of the national flood insurance pro-gram to participate in such a State program where claims under the national flood insurance program are involved to expedite settlement of flood damage claims resulting from such dis-aster. \n‘‘(b) E\nXTENT OF PARTICIPATION .—In satisfying \nthe requirements of subsection (a), the Adminis-trator shall require that each representative of the Administrator— \n‘‘(1) be certified for purposes of the national \nflood insurance program to settle claims against such program resulting from such disaster in amounts up to the limits of policies under such program; \n‘‘(2) attend State-sponsored mediation meet-\nings regarding flood insurance claims resulting from such disaster at such times and places as may be arranged by the State; \n‘‘(3) participate in good-faith negotiations to-\nward the settlement of such claims with policy-holders of coverage made available under the national flood insurance program; and \n‘‘(4) finalize the settlement of such claims on \nbehalf of the national flood insurance program with such policyholders. \n‘‘(c) C\nOORDINATION .—Representatives of the \nAdministrator shall at all times coordinate their activities with insurance officials of the State and representatives of insurers for the purposes of consolidating and expediting settlement of claims under the national flood insurance pro-gram resulting from such disaster. \n‘‘(d) Q\nUALIFICATIONS OF MEDIATORS .—Each \nState mediator participating in State-sponsored mediation under this section shall be— \n‘‘(1)(A) a member in good standing of the \nState bar in the State in which the mediation is to occur with at least 2 years of practical experi-ence; and \n‘‘(B) an active member of such bar for at least \n1 year prior to the year in which such medi-ator’s participation is sought; or \n‘‘(2) a retired trial judge from any United \nStates jurisdiction who was a member in good standing of the bar in the State in which the judge presided for at least 5 years prior to the year in which such mediator’s participation is sought. \n‘‘(e) M\nEDIATION PROCEEDINGS AND DOCU-\nMENTS PRIVILEGED .—As a condition of partici-\npation, all statements made and documents pro-duced pursuant to State-sponsored mediation involving representatives of the Administrator shall be deemed privileged and confidential set-tlement negotiations made in anticipation of liti-gation. \n‘‘(f) L\nIABILITY , RIGHTS , OROBLIGATIONS NOT \nAFFECTED .—Participation in State-sponsored \nmediation, as described in this section does not— \n‘‘(1) affect or expand the liability of any party \nin contract or in tort; or ‘‘(2) affect the rights or obligations of the par-\nties, as established— \n‘‘(A) in any regulation issued by the Adminis-\ntrator, including any regulation relating to a standard flood insurance policy; \n‘‘(B) under this title; and ‘‘(C) under any other provision of Federal \nlaw. \n‘‘(g) E\nXCLUSIVE FEDERAL JURISDICTION .—Par-\nticipation in State-sponsored mediation shall not alter, change, or modify the original exclu-sive jurisdiction of United States courts, as set forth in this title. \n‘‘(h) C\nOSTLIMITATION .—Nothing in this sec-\ntion shall be construed to require the Adminis-trator or a representative of the Administrator to pay additional mediation fees relating to flood insurance claims associated with a State- sponsored mediation program in which such representative of the Administrator participates. \n‘‘(i) E\nXCEPTION .—In the case of the occur-\nrence of a major disaster that results in flood damage claims under the national flood insur-ance program and that does not result in any loss covered by a personal lines residential prop-erty insurance policy— \n‘‘(1) this section shall not apply; and ‘‘(2) the provisions of the standard flood in-\nsurance policy under the national flood insur-ance program and the appeals process estab-lished under section 205 of the Bunning-Bereu-ter-Blumenauer Flood Insurance Reform Act of 2004 (42 U.S.C. 4011 note) and the regulations issued pursuant to such section shall apply ex-clusively. \n‘‘(j) R\nEPRESENTATIVES OF THE ADMINIS -\nTRATOR .—For purposes of this section, the term \n‘representatives of the Administrator’ means representatives of the national flood insurance program who participate in the appeals process established under section 205 of the Bunning- Bereuter-Blumenauer Flood Insurance Reform Act of 2004 (42 U.S.C. 4011 note).’’. \nSEC. 100224. OVERSIGHT AND EXPENSE REIM-\nBURSEMENTS OF INSURANCE COM-PANIES. \n(a) S UBMISSION OF BIENNIAL REPORTS .— \n(1) T O THE ADMINISTRATOR .—Not later than 20 \ndays after the date of enactment of this Act, each property and casualty insurance company participating in the Write Your Own program shall submit to the Administrator any biennial report required by the Federal Emergency Man-agement Agency to be prepared in the prior 5 years by such company. \n(2) T\nO GAO .—Not later than 10 days after the \nsubmission of the biennial reports under para-graph (1), the Administrator shall submit all such reports to the Comptroller General of the United States. \n(3) N\nOTICE TO CONGRESS OF FAILURE TO COM -\nPLY.—The Administrator shall notify and report \nto the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Represent-atives on any property and casualty insurance company participating in the Write Your Own program that failed to submit its biennial re-ports as required under paragraph (1). \n(4) F\nAILURE TO COMPLY .—A property and cas-\nualty insurance company participating in the Write Your Own program which fails to comply with the reporting requirement under this sub-section or the requirement under section 62.23(j)(1) of title 44, Code of Federal Regula-tions (relating to biennial audit of the flood in-surance financial statements) shall be subject to a civil penalty in an amount of not more than $1,000 per day for each day that the company remains in noncompliance with either such re-quirement. \n(b) M\nETHODOLOGY TODETERMINE REIM-\nBURSED EXPENSES .—Not later than 180 days \nafter the date of enactment of this Act, the Ad-ministrator shall develop a methodology for de-termining the appropriate amounts that prop-erty and casualty insurance companies partici-pating in the Write Your Own program should be reimbursed for selling, writing, and servicing \nflood insurance policies and adjusting flood in-surance claims on behalf of the National Flood Insurance Program. The methodology shall be developed using actual expense data for the flood insurance line and can be derived from— \n(1) flood insurance expense data produced by \nthe property and casualty insurance companies; \n(2) flood insurance expense data collected by \nthe National Association of Insurance Commis-sioners; or \n(3) a combination of the methodologies de-\nscribed in paragraphs (1) and (2). \n(c) S\nUBMISSION OF EXPENSE REPORTS .—To de-\nvelop the methodology established under sub-section (b), the Administrator may require each property and casualty insurance company par-ticipating in the Write Your Own program to submit a report to the Administrator, in a for-mat determined by the Administrator and within 60 days of the request, that details the expense levels of each such company for selling, writing, and servicing standard flood insurance policies and adjusting and servicing claims. \n(d) FEMA R\nULEMAKING ON REIMBURSEMENT \nOFEXPENSES UNDER THE WRITE YOUR OWN \nPROGRAM .—Not later than 12 months after the \ndate of enactment of this Act, the Administrator shall issue a rule to formulate revised expense reimbursements to property and casualty insur-ance companies participating in the Write Your Own program for their expenses (including their operating and administrative expenses for ad-justment of claims) in selling, writing, and serv-icing standard flood insurance policies, includ-ing how such companies shall be reimbursed in both catastrophic and noncatastrophic years. Such reimbursements shall be structured to en-sure reimbursements track the actual expenses, including standard business costs and operating expenses, of such companies as closely as prac-ticably possible. \n(e) R\nEPORT OF THE ADMINISTRATOR .—Not later \nthan 60 days after the effective date of the final rule issued pursuant to subsection (d), the Ad-ministrator shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report con-taining— \n(1) the specific rationale and purposes of such \nrule; \n(2) the reasons for the adoption of the policies \ncontained in such rule; and \n(3) the degree to which such rule accurately \nrepresents the true operating costs and expenses of property and casualty insurance companies participating in the Write Your Own program. \n(f) GAO S\nTUDY AND REPORT ON EXPENSES OF \nWRITEYOUROWNPROGRAM .— \n(1) S TUDY .—Not later than 180 days after the \neffective date of the final rule issued pursuant to subsection (d), the Comptroller General of the United States shall— \n(A) conduct a study on the efficacy, ade-\nquacy, and sufficiency of the final rules issued pursuant to subsection (d); and \n(B) report to the Committee on Banking, \nHousing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives on the findings of the study conducted under subparagraph (A). \n(2) GAO \nAUTHORITY .—In conducting the study \nand report required under paragraph (1), the Comptroller General— \n(A) may use any previous findings, studies, or \nreports that the Comptroller General previously completed on the Write Your Own program; \n(B) shall determine if— (i) the final rule issued pursuant to subsection \n(d) allows the Federal Emergency Management Agency to access adequate information regard-ing the actual expenses of property and cas-ualty insurance companies participating in the Write Your Own program; and \n(ii) the actual reimbursements paid out under \nthe final rule issued pursuant to subsection (d) \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00409 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4568 June 28, 2012 \naccurately reflect the expenses reported by prop-\nerty and casualty insurance companies partici-pating in the Write Your Own program, includ-ing the standard business costs and operating expenses of such companies; and \n(C) shall analyze the effect of the final rule \nissued pursuant to subsection (d) on the level of participation of property and casualty insurers in the Write Your Own program. \nSEC. 100225. MITIGATION. \n(a) M ITIGATION ASSISTANCE GRANTS .—Section \n1366 of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c) is amended— \n(1) by striking subsections (b), (d), (f), (g), (h), \n(k), and (m); \n(2) by redesignating subsections (c), (e), (i), \nand (j) as subsections (b), (c), (e), and (f), re-spectively; \n(3) in subsection (a), by striking the last sen-\ntence and inserting the following: ‘‘Such finan-cial assistance shall be made available— \n‘‘(1) to States and communities in the form of \ngrants under this section for carrying out miti-gation activities; \n‘‘(2) to States and communities in the form of \ngrants under this section for carrying out miti-gation activities that reduce flood damage to se-vere repetitive loss structures; and \n‘‘(3) to property owners in the form of direct \ngrants under this section for carrying out miti-gation activities that reduce flood damage to in-dividual structures for which 2 or more claim payments for losses have been made under flood insurance coverage under this title if the Ad-ministrator, after consultation with the State and community, determines that neither the State nor community in which such a structure is located has the capacity to manage such grants.’’; \n(4) in subsection (b), as so redesignated, in the \nfirst sentence— \n(A) by striking ‘‘and provides protection \nagainst’’ and inserting ‘‘provides for reduction of’’; and \n(B) by inserting before the period at the end \nthe following: ‘‘, and may be included in a multihazard mitigation plan’’; \n(5) in subsection (c), as so redesignated— (A) in paragraph (1), by striking ‘‘(1) U\nSE OF \nAMOUNTS .—’’ and all that follows through the \nend of the first sentence and inserting the fol-lowing: \n‘‘(1) R\nEQUIREMENT OF CONSISTENCY WITH AP -\nPROVED MITIGATION PLAN .—Amounts provided \nunder this section may be used only for mitiga-tion activities that are consistent with mitiga-tion plans that are approved by the Adminis-trator and identified under paragraph (4).’’; \n(B) by striking paragraphs (2), (3), and (4) \nand inserting the following new paragraphs: \n‘‘(2) R\nEQUIREMENTS OF TECHNICAL FEASI -\nBILITY , COST EFFECTIVENESS , AND INTEREST OF \nNATIONAL FLOOD INSURANCE FUND .— \n‘‘(A) I N GENERAL .—The Administrator may ap-\nprove only mitigation activities that the Admin-istrator determines— \n‘‘(i) are technically feasible and cost-effective; \nor \n‘‘(ii) will eliminate future payments from the \nNational Flood Insurance Fund for severe repet-itive loss structures through an acquisition or relocation activity. \n‘‘(B) C\nONSIDERATIONS .—In making a deter-\nmination under subparagraph (A), the Adminis-trator shall take into consideration recognized ancillary benefits.’’; \n(C) by redesignating paragraph (5) as para-\ngraph (3); \n(D) in paragraph (3), as so redesignated— (i) in the matter preceding subparagraph (A), \nby striking ‘‘The Director’’ and all that follows through ‘‘Such activities may’’ and inserting ‘‘Eligible activities under a mitigation plan may’’; \n(ii) by striking subparagraphs (E) and (H); (iii) by redesignating subparagraphs (D), (F), \nand (G) as subparagraphs (E), (G), and (H), re-spectively; (iv) by inserting after subparagraph (C) the \nfollowing new subparagraph: \n‘‘(D) elevation, relocation, or floodproofing of \nutilities (including equipment that serves struc-tures);’’; \n(v) by inserting after subparagraph (E), as so \nredesignated, the following new subparagraph: \n‘‘(F) the development or update of mitigation \nplans by a State or community which meet the planning criteria established by the Adminis-trator, except that the amount from grants under this section that may be used under this subparagraph may not exceed $50,000 for any mitigation plan of a State or $25,000 for any mitigation plan of a community;’’; \n(vi) in subparagraph (H); as so redesignated, \nby striking ‘‘and’’ at the end; and \n(vii) by adding at the end the following new \nsubparagraphs: \n‘‘(I) other mitigation activities not described \nin subparagraphs (A) through (G) or the regula-tions issued under subparagraph (H), that are described in the mitigation plan of a State or community; and \n‘‘(J) without regard to the requirements under \nparagraphs (1) and (2) of subsection (d), and if the State applied for and was awarded at least $1,000,000 in grants available under this section in the prior fiscal year, technical assistance to communities to identify eligible activities, to de-velop grant applications, and to implement grants awarded under this section, not to exceed $50,000 to any 1 State in any fiscal year.’’; and \n(E) by striking paragraph (6) and inserting \nthe following: \n‘‘(4) E\nLIGIBILITY OF DEMOLITION AND REBUILD -\nING OF PROPERTIES .—The Administrator shall \nconsider as an eligible activity the demolition and rebuilding of properties to at least base flood elevation or greater, if required by the Ad-ministrator or if required by any State regula-tion or local ordinance, and in accordance with criteria established by the Administrator.’’; \n(6) by inserting after subsection (c), as so re-\ndesignated, the following new subsection: \n‘‘(d) M\nATCHING REQUIREMENT .—The Adminis-\ntrator may provide grants for eligible mitigation activities as follows: \n‘‘(1) S\nEVERE REPETITIVE LOSS STRUCTURES .—In \nthe case of mitigation activities to severe repet-itive loss structures, in an amount up to— \n‘‘(A) 100 percent of all eligible costs, if the ac-\ntivities are approved under subsection (c)(2)(A)(i); or \n‘‘(B) the expected savings to the National \nFlood Insurance Fund from expected avoided damages through acquisition or relocation ac-tivities, if the activities are approved under sub-section (c)(2)(A)(ii). \n‘‘(2) R\nEPETITIVE LOSS STRUCTURES .—In the \ncase of mitigation activities to repetitive loss structures, in an amount up to 90 percent of all eligible costs. \n‘‘(3) O\nTHER MITIGATION ACTIVITIES .—In the \ncase of all other mitigation activities, in an amount up to 75 percent of all eligible costs.’’; \n(7) in subsection (e)(2), as so redesignated— (A) by striking ‘‘certified under subsection \n(g)’’ and inserting ‘‘required under subsection (d)’’; and \n(B) by striking ‘‘3 times the amount’’ and in-\nserting ‘‘the amount’’; \n(8) in subsection (f), as so redesignated, by \nstriking ‘‘Riegle Community Development and Regulatory Improvement Act of 1994’’ and in-serting ‘‘Biggert-Waters Flood Insurance Re-form Act of 2012’’; and \n(9) by adding at the end the following new \nsubsections: \n‘‘(g) F\nAILURE TOMAKEGRANT AWARD WITHIN \n5 Y EARS.—For any application for a grant \nunder this section for which the Administrator fails to make a grant award within 5 years of the date of the application, the grant applica-tion shall be considered to be denied and any funding amounts allocated for such grant appli-cations shall remain in the National Flood Miti-gation Fund under section 1367 of this title and shall be made available for grants under this \nsection. \n‘‘(h) D\nEFINITIONS .—For purposes of this sec-\ntion, the following definitions shall apply: \n‘‘(1) C OMMUNITY .—The term ‘community’ \nmeans— \n‘‘(A) a political subdivision that— ‘‘(i) has zoning and building code jurisdiction \nover a particular area having special flood haz-ards; and \n‘‘(ii) is participating in the national flood in-\nsurance program; or \n‘‘(B) a political subdivision of a State, or \nother authority, that is designated by political subdivisions, all of which meet the requirements of subparagraph (A), to administer grants for mitigation activities for such political subdivi-sions. \n‘‘(2) R\nEPETITIVE LOSS STRUCTURE .—The term \n‘repetitive loss structure’ has the meaning given such term in section 1370. \n‘‘(3) S\nEVERE REPETITIVE LOSS STRUCTURE .— \nThe term ‘severe repetitive loss structure’ means a structure that— \n‘‘(A) is covered under a contract for flood in-\nsurance made available under this title; and \n‘‘(B) has incurred flood-related damage— \n‘‘(i) for which 4 or more separate claims pay-\nments have been made under flood insurance coverage under this title, with the amount of each such claim exceeding $5,000, and with the cumulative amount of such claims payments ex-ceeding $20,000; or \n‘‘(ii) for which at least 2 separate claims pay-\nments have been made under such coverage, with the cumulative amount of such claims ex-ceeding the value of the insured structure.’’. \n(b) E\nLIMINATION OF GRANTS PROGRAM FOR RE-\nPETITIVE INSURANCE CLAIMS PROPERTIES .— \nChapter I of the National Flood Insurance Act of 1968 is amended by striking section 1323 (42 U.S.C. 4030). \n(c) E\nLIMINATION OF PILOT PROGRAM FOR \nMITIGATION OF SEVERE REPETITIVE LOSSPROP-\nERTIES .—Chapter III of the National Flood In-\nsurance Act of 1968 is amended by striking sec-tion 1361A (42 U.S.C. 4102a). \n(d) N\nATIONAL FLOOD INSURANCE FUND.—Sec-\ntion 1310(a) of the National Flood Insurance Act of 1968 (42 U.S.C. 4017(a)) is amended— \n(1) in paragraph (6), by inserting ‘‘and’’ after \nthe semicolon; \n(2) in paragraph (7), by striking the semicolon \nand inserting a period; and \n(3) by striking paragraphs (8) and (9). (e) N\nATIONAL FLOOD MITIGATION FUND.—Sec-\ntion 1367 of the National Flood Insurance Act of 1968 (42 U.S.C. 4104d) is amended— \n(1) in subsection (b)— (A) by striking paragraph (1) and inserting \nthe following new paragraph: \n‘‘(1) in each fiscal year, amounts from the Na-\ntional Flood Insurance Fund not to exceed $90,000,000 and to remain available until ex-pended, of which— \n‘‘(A) not more than $40,000,000 shall be avail-\nable pursuant to subsection (a) of this section for assistance described in section 1366(a)(1); \n‘‘(B) not more than $40,000,000 shall be avail-\nable pursuant to subsection (a) of this section for assistance described in section 1366(a)(2); and \n‘‘(C) not more than $10,000,000 shall be avail-\nable pursuant to subsection (a) of this section for assistance described in section 1366(a)(3);’’; and \n(B) in paragraph (3), by striking ‘‘section \n1366(i)’’ and inserting ‘‘section 1366(e)’’; \n(2) in subsection (c), by striking ‘‘sections 1366 \nand 1323’’ and inserting ‘‘section 1366’’; \n(3) by redesignating subsections (d) and (e) as \nsubsections (f) and (g), respectively; and \n(4) by inserting after subsection (c) the fol-\nlowing new subsections: \n‘‘(d) P\nROHIBITION ON OFFSETTING COLLEC -\nTIONS .—Notwithstanding any other provision of \nthis title, amounts made available pursuant to this section shall not be subject to offsetting col-lections through premium rates for flood insur-ance coverage under this title. \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00410 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4569 June 28, 2012 \n‘‘(e) C ONTINUED AVAILABILITY AND REALLOCA -\nTION.—Any amounts made available pursuant to \nsubparagraph (A), (B), or (C) of subsection (b)(1) that are not used in any fiscal year shall continue to be available for the purposes speci-fied in the subparagraph of subsection (b)(1) pursuant to which such amounts were made available, unless the Administrator determines that reallocation of such unused amounts to meet demonstrated need for other mitigation ac-tivities under section 1366 is in the best interest of the National Flood Insurance Fund.’’. \n(f) I\nNCREASED COST OF COMPLIANCE COV-\nERAGE .—Section 1304(b)(4) of the National Flood \nInsurance Act of 1968 (42 U.S.C. 4011(b)(4)) is amended— \n(1) by striking subparagraph (B); and (2) by redesignating subparagraphs (C), (D), \nand (E) as subparagraphs (B), (C), and (D), re-spectively. \nSEC. 100226. FLOOD PROTECTION STRUCTURE AC-\nCREDITATION TASK FORCE. \n(a) D EFINITIONS .—In this section— \n(1) the term ‘‘flood protection structure ac-\ncreditation requirements’’ means the require-ments established under section 65.10 of title 44, Code of Federal Regulations, for levee systems to be recognized on maps created for purposes of the National Flood Insurance Program; \n(2) the term ‘‘National Committee on Levee \nSafety’’ means the Committee on Levee Safety established under section 9003 of the National Levee Safety Act of 2007 (33 U.S.C. 3302); and \n(3) the term ‘‘task force’’ means the Flood \nProtection Structure Accreditation Task Force established under subsection (b). \n(b) E\nSTABLISHMENT .— \n(1) I N GENERAL .—The Administrator and the \nSecretary of the Army, acting through the Chief of Engineers, in cooperation with the National Committee on Levee Safety, shall jointly estab-lish a Flood Protection Structure Accreditation Task Force. \n(2) D\nUTIES .— \n(A) D EVELOPING PROCESS .—The task force \nshall develop a process to better align the infor-mation and data collected by or for the Corps of Engineers under the Inspection of Completed Works Program with the flood protection struc-ture accreditation requirements so that— \n(i) information and data collected for either \npurpose can be used interchangeably; and \n(ii) information and data collected by or for \nthe Corps of Engineers under the Inspection of Completed Works Program is sufficient to satisfy the flood protection structure accreditation re-quirements. \n(B) G\nATHERING RECOMMENDATIONS .—The task \nforce shall gather, and consider in the process developed under subparagraph (A), rec-ommendations from interested persons in each region relating to the information, data, and ac-creditation requirements described in subpara-graph (A). \n(3) C\nONSIDERATIONS .—In developing the proc-\ness under paragraph (2), the task force shall consider changes to— \n(A) the information and data collected by or \nfor the Corps of Engineers under the Inspection of Completed Works Program; and \n(B) the flood protection structure accredita-\ntion requirements. \n(4) R\nULE OF CONSTRUCTION .—Nothing in this \nsection shall be construed to require a reduction in the level of public safety and flood control provided by accredited levees, as determined by the Administrator for purposes of this section. \n(c) I\nMPLEMENTATION .—The Administrator and \nthe Secretary of the Army, acting through the Chief of Engineers, shall implement the process developed by the task force under subsection (b) not later than 1 year after the date of enactment of this Act and shall complete the process under subsection (b) not later than 2 years after the date of enactment of this Act. \n(d) R\nEPORTS .—The Administrator and the Sec-\nretary of the Army, acting through the Chief of Engineers, in cooperation with the National Committee on Levee Safety, shall jointly submit \nto the Committee on Banking, Housing, and Urban Affairs and the Committee on Environ-ment and Public Works of the Senate and the Committee on Financial Services, the Committee on Transportation and Infrastructure, and the Committee on Natural Resources of the House of Representatives reports concerning the activities of the task force and the implementation of the process developed by the task force under sub-section (b), including— \n(1) an interim report, not later than 180 days \nafter the date of enactment of this Act; and \n(2) a final report, not later than 1 year after \nthe date of enactment of this Act. \n(e) T\nERMINATION .—The task force shall termi-\nnate on the date of submission of the report under subsection (d)(2). \nSEC. 100227. FLOOD IN PROGRESS DETERMINA-\nTIONS. \n(a) R EPORT .— \n(1) R EVIEW .—The Administrator shall re-\nview— \n(A) the processes and procedures for deter-\nmining that a flood event has commenced or is in progress for purposes of flood insurance cov-erage made available under the National Flood Insurance Program; \n(B) the processes and procedures for providing \npublic notification that such a flood event has commenced or is in progress; \n(C) the processes and procedures regarding \nthe timing of public notification of flood insur-ance requirements and availability; and \n(D) the effects and implications that weather \nconditions, including rainfall, snowfall, pro-jected snowmelt, existing water levels, and other conditions, have on the determination that a flood event has commenced or is in progress. \n(2) R\nEPORT .—Not later than 6 months after \nthe date of enactment of this Act, the Adminis-trator shall submit a report to Congress that de-scribes— \n(A) the results and conclusions of the review \nunder paragraph (1); and \n(B) any actions taken, or proposed actions to \nbe taken, by the Administrator to provide for more precise and technical processes and proce-dures for determining that a flood event has commenced or is in progress. \n(b) E\nFFECTIVE DATE OF POLICIES COVERING \nPROPERTIES AFFECTED BY FLOODING OF THE \nMISSOURI RIVER IN 2011.— \n(1) E LIGIBLE COVERAGE .—For purposes of this \nsubsection, the term ‘‘eligible coverage’’ means coverage under a new contract for flood insur-ance coverage under the National Flood Insur-ance Program, or a modification to coverage under an existing flood insurance contract, for property damaged by the flooding of the Mis-souri River that commenced on June 1, 2011, that was purchased or made during the period beginning May 1, 2011, and ending June 6, 2011. \n(2) E\nFFECTIVE DATES .—Notwithstanding sec-\ntion 1306(c) of the National Flood Insurance Act of 1968 (42 U.S.C. 4013(c)), or any other provi-sion of law, any eligible coverage shall— \n(A) be deemed to take effect on the date that \nis 30 days after the date on which all obligations for the eligible coverage (including completion of the application and payment of any initial pre-miums owed) are satisfactorily completed; and \n(B) cover damage to property occurring after \nthe effective date described in subparagraph (A) that resulted from the flooding of the Missouri River that commenced on June 1, 2011, if the property did not suffer damage or loss as a re-sult of such flooding before the effective date de-scribed in subparagraph (A). \n(c) T\nIMELY NOTIFICATION .—Not later than 90 \ndays after the date on which the Administrator submits the report required under subsection (a)(2), the Administrator shall, taking into con-sideration the results of the review under sub-section (a)(1)(B), develop procedures for pro-viding timely notification, to the extent prac-ticable, to policyholders who have purchased flood insurance coverage under the National Flood Insurance Program within 30 days of a \ndetermination of a flood in progress and who may be affected by the flood of the determina-tion and how the determination may affect their coverage. \nSEC. 100228. CLARIFICATION OF RESIDENTIAL \nAND COMMERCIAL COVERAGE LIM-ITS. \nSection 1306(b) of the National Flood Insur-\nance Act of 1968 (42 U.S.C. 4013(b)) is amended— \n(1) in paragraph (2)— (A) by striking ‘‘in the case of any residential \nproperty’’ and inserting ‘‘in the case of any res-idential building designed for the occupancy of from 1 to 4 families’’; and \n(B) by striking ‘‘shall be made available to \nevery insured upon renewal and every applicant for insurance so as to enable such insured or applicant to receive coverage up to a total amount (including such limits specified in para-graph (1)(A)(i)) of $250,000’’ and inserting ‘‘shall be made available, with respect to any single such building, up to an aggregate liability (including such limits specified in paragraph (1)(A)(i)) of $250,000’’; and \n(2) in paragraph (4)— (A) by striking ‘‘in the case of any nonresi-\ndential property, including churches,’’ and in-serting ‘‘in the case of any nonresidential build-ing, including a church,’’; and \n(B) by striking ‘‘shall be made available to \nevery insured upon renewal and every applicant for insurance, in respect to any single structure, up to a total amount (including such limit speci-fied in subparagraph (B) or (C) of paragraph (1), as applicable) of $500,000 for each structure and $500,000 for any contents related to each structure’’ and inserting ‘‘shall be made avail-able with respect to any single such building, up to an aggregate liability (including such limits specified in subparagraph (B) or (C) of para-graph (1), as applicable) of $500,000, and cov-erage shall be made available up to a total of $500,000 aggregate liability for contents owned by the building owner and $500,000 aggregate li-ability for each unit within the building for con-tents owned by the tenant’’. \nSEC. 100229. LOCAL DATA REQUIREMENT. \n(a) I NGENERAL .—Notwithstanding any other \nprovision of this subtitle, no area or community participating in the National Flood Insurance Program that is or includes a community that is identified by the Administrator as Community Identification Number 360467 and impacted by the Jamaica Bay flooding source or identified by the Administrator as Community Identification Number 360495 may be or become designated as an area having special flood hazards for pur-poses of the National Flood Insurance Program, unless the designation is made on the basis of— \n(1) flood hazard analyses of hydrologic, hy-\ndraulic, or coastal flood hazards that have been properly calibrated and validated, and are spe-cific and directly relevant to the geographic area being studied; and \n(2) ground elevation information of sufficient \naccuracy and precision to meet the guidelines of the Administration for accuracy at the 95 per-cent confidence level. \n(b) R\nEMAPPING .— \n(1) R EMAPPING REQUIRED .—If the Adminis-\ntrator determines that an area described in sub-section (a) has been designated as an area of special flood hazard on the basis of information that does not comply with the requirements under subsection (a), the Administrator shall re-vise and update any National Flood Insurance Program rate map for the area— \n(A) using information that complies with the \nrequirements under subsection (a); and \n(B) in accordance with the procedures estab-\nlished under section 1363 of the National Flood Insurance Act of 1968 (42 U.S.C. 4104) for flood elevation determinations. \n(2) I\nNTERIM PERIOD .—A National Flood Insur-\nance Program rate map in effect on the date of enactment of this Act for an area for which the \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00411 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4570 June 28, 2012 \nAdministrator has made a determination under \nparagraph (1) shall continue in effect with re-spect to the area during the period— \n(A) beginning on the date of enactment of this \nAct; and \n(B) ending on the date on which the Adminis-\ntrator determines that the requirements under section 1363 of the National Flood Insurance Act of 1968 (42 U.S.C. 4104) for flood elevation deter-minations have been met with respect to a revi-sion and update under paragraph (1) of a Na-tional Flood Insurance Program rate map for the area. \n(3) D\nEADLINE .—The Administrator shall issue \na preliminary National Flood Insurance Pro-gram rate map resulting from a revision and up-date required under paragraph (1) not later than 1 year after the date of enactment of this Act. \n(4) R\nISK PREMIUM RATE CLARIFICATION .— \n(A) I N GENERAL .—If a revision and update re-\nquired under paragraph (1) results in a reduc-tion in the risk premium rate for a property in an area for which the Administrator has made a determination under paragraph (1), the Ad-ministrator shall— \n(i) calculate the difference between the re-\nduced risk premium rate and the risk premium rate paid by a policyholder with respect to the property during the period— \n(I) beginning on the date on which the Na-\ntional Flood Insurance Program rate map in ef-fect for the area on the date of enactment of this Act took effect; and \n(II) ending on the date on which the revised \nor updated National Flood Insurance Program rate map takes effect; and \n(ii) reimburse the policyholder an amount \nequal to such difference. \n(B) F\nUNDING .—Notwithstanding section 1310 \nof the National Flood Insurance Act of 1968 (42 U.S.C. 4017), there shall be available to the Ad-ministrator from premiums deposited in the Na-tional Flood Insurance Fund pursuant to sub-section (d) of such section 1310, of amounts not otherwise obligated, the amount necessary to carry out this paragraph. \n(c) T\nERMINATION .— \n(1) I N GENERAL .—Except as provided in para-\ngraph (2), this section shall cease to have effect on the effective date of a National Flood Insur-ance Program rate map revised and updated under subsection (b)(1). \n(2) R\nEIMBURSEMENTS .—Subsection (b)(4) shall \ncease to have effect on the date on which the Administrator has made all reimbursements re-quired under subsection (b)(4). \nSEC. 100230. ELIGIBILITY FOR FLOOD INSURANCE \nFOR PERSONS RESIDING IN COMMU-NITIES THAT HAVE MADE ADEQUATE PROGRESS ON THE RECONSTRUC-TION OR IMPROVEMENT OF A FLOOD PROTECTION SYSTEM. \n(a) E LIGIBILITY FOR FLOOD INSURANCE COV-\nERAGE .— \n(1) I N GENERAL .—Notwithstanding any other \nprovision of law (including section 1307(e) of the National Flood Insurance Act of 1968 (42 U.S.C. 4014(e))), a person residing in a community that the Administrator determines has made ade-quate progress on the reconstruction or improve-ment of a flood protection system that will af-ford flood protection for a 100-year floodplain (without regard to the level of Federal funding of or participation in the construction, recon-struction, or improvement), shall be eligible for flood insurance coverage under the National Flood Insurance Program— \n(A) if the person resides in a community that \nis a participant in the National Flood Insurance Program; and \n(B) at a risk premium rate that does not ex-\nceed the risk premium rate that would be chargeable if the flood protection system had been completed. \n(2) A\nDEQUATE PROGRESS .— \n(A) R ECONSTRUCTION OR IMPROVEMENT .—For \npurposes of paragraph (1), the Administrator shall determine that a community has made ade-\nquate progress on the reconstruction or improve-ment of a flood protection system if— \n(i) 100 percent of the project cost has been au-\nthorized; \n(ii) not less than 60 percent of the project cost \nhas been secured or appropriated; \n(iii) not less than 50 percent of the flood pro-\ntection system has been assessed as being with-out deficiencies; and \n(iv) the reconstruction or improvement has a \nproject schedule that does not exceed 5 years, beginning on the date on which the reconstruc-tion or construction of the improvement com-mences. \n(B) C\nONSIDERATIONS .—In determining whether \na flood protection system has been assessed as being without deficiencies, the Administrator shall consider the requirements under section 65.10 of chapter 44, Code of Federal Regulations, or any successor thereto. \n(C) D\nATE OF COMMENCEMENT .—For purposes \nof subparagraph (A)(iv) of this paragraph and subsection (b)(2)(B), the date of commencement of the reconstruction or improvement of a flood protection system that is undergoing reconstruc-tion or improvement on the date of enactment of this Act shall be deemed to be the date on which the owner of the flood protection system submits a request under paragraph (3). \n(3) R\nEQUEST FOR DETERMINATION .—The owner \nof a flood protection system that is undergoing reconstruction or improvement on the date of enactment of this Act may submit to the Admin-istrator a request for a determination under paragraph (2) that the community in which the flood protection system is located has made ade-quate progress on the reconstruction or improve-ment of the flood protection system. \n(4) R\nULE OF CONSTRUCTION .—Nothing in this \nsubsection shall be construed to prohibit the Ad-ministrator from making a determination under paragraph (2) for any community in which a flood protection system is not undergoing recon-struction or improvement on the date of enact-ment of this Act. \n(b) T\nERMINATION OF ELIGIBILITY .— \n(1) A DEQUATE CONTINUING PROGRESS .—The \nAdministrator shall issue rules to establish a method of determining whether a community has made adequate continuing progress on the reconstruction or improvement of a flood protec-tion system that includes— \n(A) a requirement that the Administrator \nshall— \n(i) consult with the owner of the flood protec-\ntion system— \n(I) 6 months after the date of a determination \nunder subsection (a); \n(II) 18 months after the date of a determina-\ntion under subsection (a); and \n(III) 36 months after the date of a determina-\ntion under subsection (a); and \n(ii) after each consultation under clause (i), \ndetermine whether the reconstruction or im-provement is reasonably likely to be completed in accordance with the project schedule de-scribed in subsection (a)(2)(A)(iv); and \n(B) a requirement that, if the Administrator \nmakes a determination under subparagraph (A)(ii) that reconstruction or improvement is not reasonably likely to be completed in accordance with the project schedule, the Administrator shall— \n(i) not later than 30 days after the date of the \ndetermination, notify the owner of the flood protection system of the determination and pro-vide the rationale and evidence for the deter-mination; and \n(ii) provide the owner of the flood protection \nsystem the opportunity to appeal the determina-tion. \n(2) T\nERMINATION .—The Administrator shall \nterminate the eligibility for flood insurance cov-erage under subsection (a) for persons residing in a community with respect to which the Ad-ministrator made a determination under sub-section (a) if— (A) the Administrator determines that the \ncommunity has not made adequate continuing progress; or \n(B) on the date that is 5 years after the date \non which the reconstruction or construction of the improvement commences, the project has not been completed. \n(3) W\nAIVER .—A person whose eligibility would \notherwise be terminated under paragraph (2)(B) shall continue to be eligible to purchase flood insurance coverage described in subsection (a) if the Administrator determines— \n(A) the community has made adequate con-\ntinuing progress on the reconstruction or im-provement of a flood protection system; and \n(B) there is a reasonable expectation that the \nreconstruction or improvement of the flood pro-tection system will be completed not later than 1 year after the date of the determination under this paragraph. \n(4) R\nISK PREMIUM RATE .—If the Administrator \nterminates the eligibility of persons residing in a community to purchase flood insurance cov-erage described in subsection (a), the Adminis-trator shall establish an appropriate risk pre-mium rate for flood insurance coverage under the National Flood Insurance Program for per-sons residing in the community that purchased flood insurance coverage before the date on which the termination of eligibility takes effect, taking into consideration the then-current state of the flood protection system. \n(c) A\nDDITIONAL AUTHORITY .— \n(1) A DDITIONAL AUTHORITY .—Notwithstanding \nsubsection (a), in exceptional and exigent cir-cumstances, the Administrator may, in the Ad-ministrator’s sole discretion, determine that a person residing in a community, which is a par-ticipant in the National Flood Insurance Pro-gram, that has begun reconstruction or improve-ment of a flood protection system that will af-ford flood protection for a 100-year floodplain (without regard to the level of Federal funding of or participation in the reconstruction or im-provement) shall be eligible for flood insurance coverage under the National Flood Insurance Program at a risk premium rate that does not exceed the risk premium rate that would be chargeable if the flood protection system had been completed, provided— \n(A) the community makes a written request for \nthe determination setting forth the exceptional and exigent circumstances, including why the community cannot meet the criteria for ade-quate progress set forth in under subsection (a)(2)(A) and why immediate relief is necessary; \n(B) the Administrator submits a written report \nsetting forth findings of the exceptional and exi-gent circumstances on which the Administrator based an affirmative determination to the Com-mittee on Banking, Housing, and Urban Affairs of the Senate, and the Committee on Financial Services of the House of Representatives not later than 15 days before making the determina-tion; and \n(C) the eligibility for flood insurance coverage \nat a risk premium rate determined under this subsection terminates no later than 1 year after the date on which the Administrator makes the determination. \n(2) L\nIMITATION .—Upon termination of eligi-\nbility under paragraph (1)(C), a community may submit another request pursuant to paragraph (1)(A). The Administrator may make no more than two determinations under paragraph (1) with respect to persons residing within any sin-gle requesting community. \n(3) T\nERMINATION .—The authority provided \nunder paragraphs (1) and (2) shall terminate two years after the enactment of this Act. \nSEC. 100231. STUDIES AND REPORTS. \n(a) R EPORT ON IMPROVING THE NATIONAL \nFLOOD INSURANCE PROGRAM .—Not later than 1 \nyear after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study and submit a report to the Com-mittee on Banking, Housing, and Urban Affairs \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00412 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4571 June 28, 2012 \nof the Senate and the Committee on Financial \nServices of the House of Representatives, on— \n(1) the number of flood insurance policy hold-\ners currently insuring— \n(A) a residential structure up to the maximum \navailable coverage amount, as established in section 61.6 of title 44, Code of Federal Regula-tions, of— \n(i) $250,000 for the structure; and (ii) $100,000 for the contents of such structure; \nor \n(B) a commercial structure up to the maximum \navailable coverage amount, as established in section 61.6 of title 44, Code of Federal Regula-tions, of $500,000; \n(2) the increased losses the National Flood In-\nsurance Program would have sustained during the 2004 and 2005 hurricane season if the Na-tional Flood Insurance Program had insured all policyholders up to the maximum conforming loan limit for fiscal year 2006 of $417,000, as es-tablished under section 302(b)(2) of the Federal National Mortgage Association Charter Act (12 U.S.C. 1717(b)(2)); \n(3) the availability in the private marketplace \nof flood insurance coverage in amounts that ex-ceed the current limits of coverage amounts es-tablished in section 61.6 of title 44, Code of Fed-\neral Regulations; and \n(4) what effect, if any— (A) raising the current limits of coverage \namounts established in section 61.6 of title 44, Code of Federal Regulations, would have on the ability of private insurers to continue providing flood insurance coverage; and \n(B) reducing the current limits of coverage \namounts established in section 61.6 of title 44, Code of Federal Regulations, would have on the ability of private insurers to provide sufficient flood insurance coverage to effectively replace the current level of flood insurance coverage being provided under the National Flood Insur-ance Program. \n(b) R\nEPORT OF THE ADMINISTRATOR ON ACTIVI -\nTIES UNDER THE NATIONAL FLOOD INSURANCE \nPROGRAM .— \n(1) I N GENERAL .—The Administrator shall, on \nan annual basis, submit a full report on the op-erations, activities, budget, receipts, and ex-penditures of the National Flood Insurance Pro-gram for the preceding 12-month period to the Committee on Banking, Housing, and Urban Af-fairs of the Senate and the Committee on Finan-cial Services of the House of Representatives. \n(2) T\nIMING .—Each report required under para-\ngraph (1) shall be submitted to the committees described in paragraph (1) not later than 3 months following the end of each fiscal year. \n(3) C\nONTENTS .—Each report required under \nparagraph (1) shall include— \n(A) the current financial condition and in-\ncome statement of the National Flood Insurance Fund established under section 1310 of the Na-tional Flood Insurance Act of 1968 (42 U.S.C. 4017), including— \n(i) premiums paid into such Fund; (ii) policy claims against such Fund; and (iii) expenses in administering such Fund; (B) the number and face value of all policies \nissued under the National Flood Insurance Pro-gram that are in force; \n(C) a description and summary of the losses \nattributable to repetitive loss structures; \n(D) a description and summary of all losses \nincurred by the National Flood Insurance Pro-gram due to— \n(i) hurricane related damage; and (ii) nonhurricane related damage; (E) the amounts made available by the Admin-\nistrator for mitigation assistance under section 1366(c)(4) of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c(c)(4)), as so redesignated by this Act, for the purchase of properties sub-stantially damaged by flood for that fiscal year, and the actual number of flood damaged prop-erties purchased and the total cost expended to purchase such properties; \n(F) the estimate of the Administrator as to the \naverage historical loss year, and the basis for that estimate; (G) the estimate of the Administrator as to the \nmaximum amount of claims that the National Flood Insurance Program would have to expend in the event of a catastrophic year; \n(H) the average— (i) amount of insurance carried per flood in-\nsurance policy; \n(ii) premium per flood insurance policy; and (iii) loss per flood insurance policy; and (I) the number of claims involving damages in \nexcess of the maximum amount of flood insur-ance available under the National Flood Insur-ance Program and the sum of the amount of all damages in excess of such amount. \n(c) GAO S\nTUDY ON PRE-FIRM S TRUCTURES .— \nNot later than 1 year after the date of enact-ment of this Act, the Comptroller General of the United States shall conduct a study and submit a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Com-mittee on Financial Services of the House of Representatives, on the— \n(1) composition of the remaining pre-FIRM \nstructures that are explicitly receiving dis-counted premium rates under section 1307 of the National Flood Insurance Act of 1968 (42 U.S.C. 4014), including the historical basis for the re-ceipt of such subsidy and the extent to which pre-FIRM structures are currently owned by the same owners of the property at the time of the original National Flood Insurance Program rate map; \n(2) number and fair market value of such \nstructures; \n(3) respective income level of the owners of \nsuch structures; \n(4) number of times each such structure has \nbeen sold since 1968, including specific dates, sales price, and any other information the Sec-retary determines appropriate; \n(5) total losses incurred by such structures \nsince the establishment of the National Flood Insurance Program compared to the total losses incurred by all structures that are charged a nondiscounted premium rate; \n(6) total cost of foregone premiums since the \nestablishment of the National Flood Insurance Program, as a result of the subsidies provided to such structures; \n(7) annual cost as a result of the subsidies \nprovided to such structures; \n(8) the premium income collected and the \nlosses incurred by the National Flood Insurance Program as a result of such explicitly subsidized structures compared to the premium income col-lected and the losses incurred by such Program as a result of structures that are charged a non-discounted premium rate, on a State-by-State basis; and \n(9) the options for eliminating the subsidy to \nsuch structures. \n(d) GAO R\nEVIEW OF FEMA C ONTRACTORS .— \nThe Comptroller General of the United States, in conjunction with the Office of the Inspector General of the Department of Homeland Secu-rity, shall— \n(1) conduct a review of the 3 largest contrac-\ntors the Administrator uses in administering the National Flood Insurance Program; and \n(2) not later than 18 months after the date of \nenactment of this Act, submit a report on the findings of such review to the Administrator, the Committee on Banking, Housing, and Urban Affairs of the Senate, and the Committee on Fi-nancial Services of the House of Representa-tives. \n(e) S\nTUDY AND REPORT ON GRADUATED RISK.— \n(1) S TUDY .— \n(A) S TUDY REQUIRED .—The Administrator \nshall enter into a contract under which the Na-tional Academy of Sciences shall conduct a study exploring methods for understanding graduated risk behind levees and the associated land development, insurance, and risk commu-nication dimensions. \n(B) C\nONTENTS OF STUDY .—The study under \nthis paragraph shall— \n(i) research, review, and recommend current \nbest practices for estimating direct annualized flood losses behind levees for residential and \ncommercial structures; \n(ii) rank each best practice recommended \nunder clause (i) based on the best value, bal-ancing cost, scientific integrity, and the inher-ent uncertainties associated with all aspects of the loss estimate, including geotechnical engi-neering, flood frequency estimates, economic value, and direct damages; \n(iii) research, review, and identify current \nbest floodplain management and land use prac-tices behind levees that effectively balance so-cial, economic, and environmental consider-ations as part of an overall flood risk manage-ment strategy; \n(iv) identify areas in which the best floodplain \nmanagement and land use practices described in clause (iii) have proven effective and recommend methods and processes by which such practices could be applied more broadly across the United States, given the variety of different flood risks, State and local legal frameworks, and evolving judicial opinions; \n(v) research, review, and identify a variety of \nflood insurance pricing options for flood haz-ards behind levees that are actuarially sound and based on the flood risk data developed using the 3 best practices recommended under clause (i) that have the best value as determined under clause (ii); \n(vi) evaluate and recommend methods to re-\nduce insurance costs through creative arrange-ments between insureds and insurers while keeping a clear accounting of how much finan-cial risk is being borne by various parties such that the entire risk is accounted for, including establishment of explicit limits on disaster aid or other assistance in the event of a flood; and \n(vii) taking into consideration the rec-\nommendations under clauses (i) through (iii), recommend approaches to communicate the as-sociated risks to community officials, home-owners, and other residents of communities. \n(2) R\nEPORT .—The contract under paragraph \n(1)(A) shall provide that not later than 12 months after the date of enactment of this Act, the National Academy of Sciences shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services and the Committee on Science, Space, and Technology of the House of Representatives a report on the study under paragraph (1) that includes the information and recommendations required under paragraph (1). \nSEC. 100232. REINSURANCE. \n(a) FEMA ANDGAO R EPORTS ON PRIVATIZA -\nTION.—Not later than 18 months after the date \nof enactment of this Act, the Administrator and the Comptroller General of the United States shall each— \n(1) conduct a separate study to assess a broad \nrange of options, methods, and strategies for privatizing the National Flood Insurance Pro-gram; and \n(2) submit a report to the Committee on Finan-\ncial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate with recommenda-tions for the best manner to accomplish the pri-vatization described in paragraph (1). \n(b) P\nRIVATE RISK-MANAGEMENT INITIATIVES .— \nThe Administrator may carry out such private risk-management initiatives as are otherwise au-thorized under applicable law, as the Adminis-trator considers appropriate to determine the ca-pacity of private insurers, reinsurers, and finan-cial markets to assist communities, on a vol-untary basis only, in managing the full range of financial risks associated with flooding. \n(c) R\nEINSURANCE ASSESSMENT .— \n(1) P RIVATE MARKET PRICING ASSESSMENT .— \nNot later than 12 months after the date of enact-ment of this Act, the Administrator shall submit to Congress a report that— \n(A) assesses the capacity of the private rein-\nsurance, capital, and financial markets to assist communities, on a voluntary basis, in managing \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00413 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4572 June 28, 2012 \nthe full range of financial risks associated with \nflooding by requesting proposals to assume a portion of the insurance risk of the National Flood Insurance Program; \n(B) describes any responses to the request for \nproposals under subparagraph (A); \n(C) assesses whether the rates and terms con-\ntained in any proposals received by the Admin-istrator are— \n(i) reasonable and appropriate; and (ii) in an amount sufficient to maintain the \nability of the National Flood Insurance Program to pay claims; \n(D) describes the extent to which carrying out \nthe proposals received by the Administrator would minimize the likelihood that the Adminis-trator would use the borrowing authority under section 1309 of the National Flood Insurance Act of 1968 (42 U.S.C. 4016); \n(E) describes fluctuations in historical rein-\nsurance rates; and \n(F) includes an economic cost-benefit analysis \nof the impact on the National Flood Insurance Program if the Administrator were to exercise the authority under section 1335(a)(2) of the Na-tional Flood Insurance Act of 1968 (42 U.S.C. 4055(a)(2)), as added by this section, to secure reinsurance of coverage provided by the Na-tional Flood Insurance Program from the pri-vate market. \n(2) P\nROTOCOL FOR RELEASE OF DATA .—The \nAdministrator shall develop a protocol, includ-ing adequate privacy protections, to provide for the release of data sufficient to conduct the as-sessment required under paragraph (1). \n(d) R\nEINSURANCE .—The National Flood Insur-\nance Act of 1968 (42 U.S.C. 4001 et seq.) is amended— \n(1) in section 1331(a)(2) (42 U.S.C. 4051(a)(2)), \nby inserting ‘‘, including as reinsurance of cov-erage provided by the flood insurance program’’ before ‘‘, on such terms’’; \n(2) in section 1332(c)(2) (42 U.S.C. 4052(c)(2)), \nby inserting ‘‘or reinsurance’’ after ‘‘flood in-surance coverage’’; \n(3) in section 1335(a) (42 U.S.C. 4055(a))— (A) by striking ‘‘The Director’’ and inserting \nthe following: \n‘‘(1) I\nN GENERAL .—The Administrator’’; and \n(B) by adding at the end the following: ‘‘(2) P\nRIVATE REINSURANCE .—The Adminis-\ntrator is authorized to secure reinsurance of coverage provided by the flood insurance pro-gram from the private market at rates and on terms determined by the Administrator to be rea-sonable and appropriate, in an amount suffi-cient to maintain the ability of the program to pay claims.’’; \n(4) in section 1346(a) (42 U.S.C. 4082(a))— (A) in the matter preceding paragraph (1), by \ninserting after ‘‘for the purpose of’’ the fol-lowing: ‘‘securing reinsurance of insurance cov-erage provided by the program or for the pur-pose of’’; \n(B) in paragraph (1)— (i) by striking ‘‘estimating’’ and inserting ‘‘Es-\ntimating’’; and \n(ii) by striking the semicolon at the end and \ninserting a period; \n(C) in paragraph (2)— (i) by striking ‘‘receiving’’ and inserting ‘‘Re-\nceiving’’; and \n(ii) by striking the semicolon at the end and \ninserting a period; \n(D) in paragraph (3)— (i) by striking ‘‘making’’ and inserting ‘‘Mak-\ning’’; and \n(ii) by striking ‘‘‘; and’’’ and inserting a pe-\nriod; \n(E) by redesignating paragraph (4) as para-\ngraph (5); \n(F) in paragraph (5), as so redesignated, by \nstriking ‘‘otherwise’’ and inserting ‘‘Other-wise’’; and \n(G) by inserting after paragraph (3) the fol-\nlowing new paragraph: \n‘‘(4) Placing reinsurance coverage on insur-\nance provided by such program.’’; and (5) in section 1370(a)(3) (42 U.S.C. 4121(a)(3)), \nby striking ‘‘include any’’ and all that follows and inserting the following: ‘‘include any orga-nization or person that is authorized to engage in the business of insurance under the laws of any State, subject to the reporting requirements of the Securities Exchange Act of 1934 pursuant to section 13(a) or 15(d) of such Act (15 U.S.C. 78m(a) and 78o(d)), or authorized by the Admin-istrator to assume reinsurance on risks insured by the flood insurance program;’’. \n(e) A\nSSESSMENT OF CLAIMS -PAYING ABILITY .— \n(1) A SSESSMENT .— \n(A) A SSESSMENT REQUIRED .— \n(i) I N GENERAL .—Not later than September 30 \nof each year, the Administrator shall conduct an assessment of the ability of the National Flood Insurance Program to pay claims. \n(ii) P\nRIVATE MARKET REINSURANCE .—The as-\nsessment under this paragraph for any year in which the Administrator exercises the authority under section 1335(a)(2) of the National Flood Insurance Act of 1968 (42 U.S.C. 4055(a)(2)), as added by this section, to secure reinsurance of coverage provided by the National Flood Insur-ance Program from the private market shall in-clude information relating the use of private sector reinsurance and reinsurance equivalents by the Administrator, whether or not the Ad-ministrator used the borrowing authority under section 1309 of the National Flood Insurance Act of 1968 (42 U.S.C. 4016). \n(iii) F\nIRST ASSESSMENT .—The Administrator \nshall conduct the first assessment required under this paragraph not later than September 30, 2012. \n(B) C\nONSIDERATIONS .—In conducting an as-\nsessment under subparagraph (A), the Adminis-trator shall take into consideration regional concentrations of coverage written by the Na-tional Flood Insurance Program, peak flood zones, and relevant mitigation measures. \n(2) A\nNNUAL REPORT OF THE ADMINISTRATOR OF \nACTIVITIES UNDER THE NATIONAL FLOOD INSUR -\nANCE PROGRAM .—The Administrator shall— \n(A) include the results of each assessment in \nthe report required under section 100231(b); and \n(B) not later than 30 days after the date on \nwhich the Administrator completes an assess-ment required under paragraph (1), make the re-sults of the assessment available to the public. \nSEC. 100233. GAO STUDY ON BUSINESS INTERRUP-\nTION AND ADDITIONAL LIVING EX-PENSES COVERAGES. \n(a) S TUDY .—The Comptroller General of the \nUnited States shall conduct a study con-cerning— \n(1) the availability of additional living ex-\npenses and business interruption coverage in the private marketplace for flood insurance; \n(2) the feasibility of allowing the National \nFlood Insurance Program to offer such coverage at the option of the consumer; \n(3) the estimated cost to consumers if the Na-\ntional Flood Insurance Program priced such op-tional coverage at true actuarial rates; \n(4) the impact such optional coverage would \nhave on consumer participation in the National Flood Insurance Program; and \n(5) the fiscal impact such optional coverage \nwould have upon the National Flood Insurance Fund if such optional coverage were included in the National Flood Insurance Program, as de-scribed in paragraph (2), at the price described in paragraph (3). \n(b) R\nEPORT .—Not later than 1 year after the \ndate of enactment of this Act, the Comptroller General shall submit to the Committee on Bank-ing, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report containing the results of the study under subsection (a). \nSEC. 100234. POLICY DISCLOSURES. \n(a) I NGENERAL .—Notwithstanding any other \nprovision of law, in addition to any other disclo-sures that may be required, each policy under the National Flood Insurance Program shall state all conditions, exclusions, and other limi-\ntations pertaining to coverage under the subject policy, regardless of the underlying insurance product, in plain English, in boldface type, and in a font size that is twice the size of the text of the body of the policy. \n(b) V\nIOLATIONS .—The Administrator may im-\npose a civil penalty of not more than $50,000 on any person that fails to comply with subsection (a). \nSEC. 100235. REPORT ON INCLUSION OF BUILD-\nING CODES IN FLOODPLAIN MAN-AGEMENT CRITERIA. \nNot later than 6 months after the date of en-\nactment of this Act, the Administrator of the Federal Emergency Management Agency shall conduct a study and submit a report to the Com-mittee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives regard-ing the impact, effectiveness, and feasibility of amending section 1361 of the National Flood In-surance Act of 1968 (42 U.S.C. 4102) to include widely used and nationally recognized building codes as part of the floodplain management cri-teria developed under such section, and shall determine— \n(1) the regulatory, financial, and economic \nimpacts of such a building code requirement on homeowners, States and local communities, local land use policies, and the Federal Emergency Management Agency; \n(2) the resources required of State and local \ncommunities to administer and enforce such a building code requirement; \n(3) the effectiveness of such a building code \nrequirement in reducing flood-related damage to buildings and contents; \n(4) the impact of such a building code require-\nment on the actuarial soundness of the National Flood Insurance Program; \n(5) the effectiveness of nationally recognized \ncodes in allowing innovative materials and sys-tems for flood-resistant construction; \n(6) the feasibility and effectiveness of pro-\nviding an incentive in lower premium rates for flood insurance coverage under such Act for structures meeting whichever of such widely used and nationally recognized building codes or any applicable local building codes provides greater protection from flood damage; \n(7) the impact of such a building code require-\nment on rural communities with different build-ing code challenges than urban communities; and \n(8) the impact of such a building code require-\nment on Indian reservations. \nSEC. 100236. STUDY OF PARTICIPATION AND AF-\nFORDABILITY FOR CERTAIN POLICY-HOLDERS. \n(a) FEMA S TUDY .—The Administrator shall \nconduct a study of— \n(1) methods to encourage and maintain par-\nticipation in the National Flood Insurance Pro-gram; \n(2) methods to educate consumers about the \nNational Flood Insurance Program and the flood risk associated with their property; \n(3) methods for establishing an affordability \nframework for the National Flood Insurance Program, including methods to aid individuals to afford risk-based premiums under the Na-tional Flood Insurance Program through tar-geted assistance rather than generally sub-sidized rates, including means-tested vouchers; and \n(4) the implications for the National Flood In-\nsurance Program and the Federal budget of using each such method. \n(b) N\nATIONAL ACADEMY OF SCIENCES ECO-\nNOMIC ANALYSIS .—To inform the Administrator \nin the conduct of the study under subsection (a), the Administrator shall enter into a con-tract under which the National Academy of Sciences, in consultation with the Comptroller General of the United States, shall conduct and submit to the Administrator an economic anal-ysis of the costs and benefits to the Federal Gov-ernment of a flood insurance program with full \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00414 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4573 June 28, 2012 \nrisk-based premiums, combined with means-test-\ned Federal assistance to aid individuals who cannot afford coverage, through an insurance voucher program. The analysis shall compare the costs of a program of risk-based rates and means-tested assistance to the current system of subsidized flood insurance rates and federally funded disaster relief for people without cov-erage. \n(c) R\nEPORT .—Not later than 270 days after the \ndate of enactment of this Act, the Administrator shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report that contains the results of the study and analysis under this section. \n(d) F\nUNDING .—Notwithstanding section 1310 of \nthe National Flood Insurance Act of 1968 (42 U.S.C. 4017), there shall be available to the Ad-ministrator from the National Flood Insurance Fund, of amounts not otherwise obligated, not more than $750,000 to carry out this section. \nSEC. 100237. STUDY AND REPORT CONCERNING \nTHE PARTICIPATION OF INDIAN TRIBES AND MEMBERS OF INDIAN TRIBES IN THE NATIONAL FLOOD IN-SURANCE PROGRAM. \n(a) D EFINITION .—In this section, the term ‘‘In-\ndian tribe’’ has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b). \n(b) F\nINDINGS .—Congress finds that participa-\ntion by Indian tribes in the National Flood In-surance Program is low. Only 45 of 565 Indian tribes participate in the National Flood Insur-ance Program. \n(c) S\nTUDY .—The Comptroller General of the \nUnited States, in coordination and consultation with Indian tribes and members of Indian tribes throughout the United States, shall carry out a study that examines— \n(1) the factors contributing to the current \nrates of participation by Indian tribes and mem-bers of Indian tribes in the National Flood In-surance Program; and \n(2) methods of encouraging participation by \nIndian tribes and members of Indian tribes in the National Flood Insurance Program. \n(d) R\nEPORT .—Not later than 6 months after \nthe date of enactment of this Act, the Comp-troller General shall submit to Congress a report that— \n(1) contains the results of the study carried \nout under subsection (c); \n(2) describes the steps that the Administrator \nshould take to increase awareness and encour-age participation by Indian tribes and members of Indian tribes in the National Flood Insurance Program; and \n(3) identifies any legislative changes that \nwould encourage participation by Indian tribes and members of Indian tribes in the National Flood Insurance Program. \nSEC. 100238. TECHNICAL CORRECTIONS. \n(a) F LOOD DISASTER PROTECTION ACT OF \n1973.—The Flood Disaster Protection Act of 1973 (42 U.S.C. 4002 et seq.) is amended— \n(1) by striking ‘‘Director’’ each place that \nterm appears, except in section 102(f)(3) (42 U.S.C. 4012a(f)(3)), and inserting ‘‘Adminis-trator’’; and \n(2) in section 201(b) (42 U.S.C. 4105(b)), by \nstriking ‘‘Director’s’’ and inserting ‘‘Adminis-trator’s’’. \n(b) N\nATIONAL FLOOD INSURANCE ACT OF \n1968.—The National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.) is amended— \n(1) by striking ‘‘Director’’ each place that \nterm appears and inserting ‘‘Administrator’’; \n(2) in section 1363 (42 U.S.C. 4104), by striking \n‘‘Director’s’’ each place that term appears and inserting ‘‘Administrator’s’’; and \n(3) in section 1370(a)(9) (42 U.S.C. 4121(a)(9)), \nby striking ‘‘the Office of Thrift Supervision,’’. \n(c) F\nEDERAL FLOOD INSURANCE ACT OF 1956.— \nSection 15(e) of the Federal Flood Insurance Act of 1956 (42 U.S.C. 2414(e)) is amended by striking ‘‘Director’’ each place that term appears and in-\nserting ‘‘Administrator’’. \nSEC. 100239. USE OF PRIVATE INSURANCE TO SAT-\nISFY MANDATORY PURCHASE RE-QUIREMENT. \n(a) A MENDMENTS .—Section 102(b) of the Flood \nDisaster Protection Act of 1973 (42 U.S.C. 4012a(b)) is amended— \n(1) in paragraph (1)— \n(A) by striking the period at the end and in-\nserting ‘‘; and’’; \n(B) by striking ‘‘lending institutions not to \nmake’’ and inserting ‘‘lending institutions— \n‘‘(A) not to make’’; and (C) by adding at the end the following: ‘‘(B) to accept private flood insurance as sat-\nisfaction of the flood insurance coverage re-quirement under subparagraph (A) if the cov-erage provided by such private flood insurance meets the requirements for coverage under such subparagraph.’’; \n(2) in paragraph (2)— (A) by striking ‘‘paragraph (1)’’ each place \nthat term appears and inserting ‘‘paragraph (1)(A)’’; and \n(B) by inserting after the first sentence the \nfollowing: ‘‘Each Federal agency lender shall accept private flood insurance as satisfaction of the flood insurance coverage requirement under the preceding sentence if the flood insurance coverage provided by such private flood insur-ance meets the requirements for coverage under such sentence.’’; \n(3) in paragraph (3), in the matter following \nsubparagraph (B), by striking ‘‘paragraph (1).’’ and inserting ‘‘paragraph (1)(A). The Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation shall accept private flood insurance as satisfaction of the flood insurance coverage requirement under paragraph (1)(A) if the flood insurance coverage provided by such private flood insurance meets the requirements for coverage under such para-graph and any requirements established by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation, re-spectively, relating to the financial solvency, strength, or claims-paying ability of private in-surance companies from which the Federal Na-tional Mortgage Association or the Federal Home Loan Mortgage Corporation will accept private flood insurance.’’; and \n(4) by adding at the end the following: ‘‘(5) R\nULE OF CONSTRUCTION .—Nothing in this \nsubsection shall be construed to supersede or limit the authority of a Federal entity for lend-ing regulation, the Federal Housing Finance Agency, a Federal agency lender, the Federal National Mortgage Association, or the Federal Home Loan Mortgage Corporation to establish requirements relating to the financial solvency, strength, or claims-paying ability of private in-surance companies from which the entity or agency will accept private flood insurance. \n‘‘(6) N\nOTICE .— \n‘‘(A) I N GENERAL .—Each lender shall disclose \nto a borrower that is subject to this subsection that— \n‘‘(i) flood insurance is available from private \ninsurance companies that issue standard flood insurance policies on behalf of the national flood insurance program or directly from the na-tional flood insurance program; \n‘‘(ii) flood insurance that provides the same \nlevel of coverage as a standard flood insurance policy under the national flood insurance pro-gram may be available from a private insurance company that issues policies on behalf of the company; and \n‘‘(iii) the borrower is encouraged to compare \nthe flood insurance coverage, deductibles, exclu-sions, conditions and premiums associated with flood insurance policies issued on behalf of the national flood insurance program and policies issued on behalf of private insurance companies and to direct inquiries regarding the avail-ability, cost, and comparisons of flood insurance coverage to an insurance agent. ‘‘(B) R\nULE OF CONSTRUCTION .—Nothing in this \nparagraph shall be construed as affecting or otherwise limiting the authority of a Federal en-tity for lending regulation to approve any dis-closure made by a regulated lending institution for purposes of complying with subparagraph (A). \n‘‘(7) P\nRIVATE FLOOD INSURANCE DEFINED .—In \nthis subsection, the term ‘private flood insur-ance’ means an insurance policy that— \n‘‘(A) is issued by an insurance company that \nis— \n‘‘(i) licensed, admitted, or otherwise approved \nto engage in the business of insurance in the State or jurisdiction in which the insured build-ing is located, by the insurance regulator of that State or jurisdiction; or \n‘‘(ii) in the case of a policy of difference in \nconditions, multiple peril, all risk, or other blan-ket coverage insuring nonresidential commercial property, is recognized, or not disapproved, as a surplus lines insurer by the insurance regulator of the State or jurisdiction where the property to be insured is located; \n‘‘(B) provides flood insurance coverage which \nis at least as broad as the coverage provided under a standard flood insurance policy under the national flood insurance program, including when considering deductibles, exclusions, and conditions offered by the insurer; \n‘‘(C) includes— ‘‘(i) a requirement for the insurer to give 45 \ndays’ written notice of cancellation or non-re-newal of flood insurance coverage to— \n‘‘(I) the insured; and ‘‘(II) the regulated lending institution or Fed-\neral agency lender; \n‘‘(ii) information about the availability of \nflood insurance coverage under the national flood insurance program; \n‘‘(iii) a mortgage interest clause similar to the \nclause contained in a standard flood insurance policy under the national flood insurance pro-gram; and \n‘‘(iv) a provision requiring an insured to file \nsuit not later than 1 year after date of a written denial of all or part of a claim under the policy; and \n‘‘(D) contains cancellation provisions that are \nas restrictive as the provisions contained in a standard flood insurance policy under the na-tional flood insurance program.’’. \n(b) T\nECHNICAL AND CONFORMING AMEND -\nMENT .—Section 1364(a)(3)(C) of the National \nFlood Insurance Act of 1968 (42 U.S.C. 4104a(a)(3)(C)) is amended by inserting after ‘‘private insurers’’ the following: ‘‘, as required under section 102(b)(6) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a(b)(6))’’. \nSEC. 100240. LEVEES CONSTRUCTED ON CERTAIN \nPROPERTIES. \n(a) D EFINITION .—In this section, the term \n‘‘covered hazard mitigation land’’ means land that— \n(1) was acquired and deed restricted under \nsection 1366 of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c) during the period begin-ning on January 1, 1999, and ending December 31, 2011; \n(2) is located at— (A) 1029 Oak Street, Fargo, North Dakota; (B) 27 South Terrace, Fargo, North Dakota; (C) 1033 Oak Street, Fargo, North Dakota; (D) 308 Schnell Drive, Oxbow, North Dakota; \nor \n(E) 306 Schnell Drive, Oxbow, North Dakota; \nand \n(3) is located in a community that— (A) is participating in the National Flood In-\nsurance Program on the date on which a State, local, or tribal government submits an applica-tion requesting to construct a permanent flood risk reduction levee under subsection (b); and \n(B) certifies to the Administrator and the \nChief of Engineers that the community will con-tinue to participate in the National Flood Insur-ance Program. \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00415 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4574 June 28, 2012 \n(b) A UTHORITY .—Notwithstanding any other \nprohibition on construction on property ac-quired with funding from the Federal Emer-gency Management Agency for conversion to open space purposes, the Administrator shall allow the construction of a permanent flood risk reduction levee by a State, local, or tribal gov-ernment on covered hazard mitigation land if— \n(1) the Administrator and the Chief of Engi-\nneers make a determination that— \n(A) construction of the proposed permanent \nflood risk reduction levee would more effectively mitigate against flooding risk than an open floodplain or other flood risk reduction meas-ures; \n(B) the proposed permanent flood risk reduc-\ntion levee complies with Federal, State, and local requirements, including mitigation of ad-verse impacts and implementation of floodplain management requirements, which shall include an evaluation of whether the construction, op-eration, and maintenance of the proposed levee— \n(i) would continue to meet best available in-\ndustry standards and practices; \n(ii) would be the most cost-effective measure to \nprotect against the assessed flood risk; and \n(iii) minimizes future costs to the Federal Gov-\nernment; \n(C) the State, local, or tribal government seek-\ning to construct the proposed permanent flood risk reduction levee has provided an adequate maintenance plan that documents the proce-dures the State, local, or tribal government will use to ensure that the stability, height, and overall integrity of the proposed levee and the structure and systems of the proposed levee are maintained, including— \n(i) specifying the maintenance activities to be \nperformed; \n(ii) specifying the frequency with which main-\ntenance activities will be performed; \n(iii) specifying the person responsible for per-\nforming each maintenance activity (by name or title); \n(iv) detailing the plan for financing the main-\ntenance of the levee; and \n(v) documenting the ability of the State, local, \nor tribal government to finance the maintenance of the levee; and \n(2) before the commencement of construction, \nthe State, local, or tribal government provides to the Administrator an amount— \n(A) equal to the Federal share of all project \ncosts previously provided by the Administrator under the applicable program for each deed re-stricted parcel of the covered hazard mitigation land, which the Administrator shall deposit in the National Flood Insurance Fund; and \n(B) that does not include any Federal funds. \n(c) M\nAINTENANCE CERTIFICATION .— \n(1) I N GENERAL .—A State, local, or tribal gov-\nernment that constructs a permanent flood risk reduction levee under subsection (b) shall sub-mit to the Administrator and the Chief of Engi-neers an annual certification indicating wheth-er the State, local, or tribal government is in compliance with the maintenance plan provided under subsection (b)(1)(C). \n(2) R\nEVIEW .—The Chief of Engineers shall re-\nview each certification submitted under para-graph (1) and determine whether the State, local, or tribal government has complied with the maintenance plan. \nSEC. 100241. INSURANCE COVERAGE FOR PRIVATE \nPROPERTIES AFFECTED BY FLOOD-ING FROM FEDERAL LANDS. \nSection 1306(c)(2) of the National Flood Insur-\nance Act of 1968 (42 U.S.C. 4013(c)(2)) is amend-ed— \n(1) in subparagraph (A), by striking ‘‘or’’ at \nthe end; \n(2) in subparagraph (B), by striking the period \nat the end and inserting ‘‘; or’’; and \n(3) by adding at the end the following: ‘‘(C) the initial purchase of flood insurance \ncoverage for private property if— \n‘‘(i) the Administrator determines that the \nproperty is affected by flooding on Federal land that is a result of, or is exacerbated by, post- \nwildfire conditions, after consultation with an authorized employee of the Federal agency that has jurisdiction of the land on which the wild-fire that caused the post-wildfire conditions oc-curred; and \n‘‘(ii) the flood insurance coverage was pur-\nchased not later than 60 days after the fire con-tainment date, as determined by the appropriate Federal employee, relating to the wildfire that caused the post-wildfire conditions described in clause (i).’’. \nSEC. 100242. PERMISSIBLE LAND USE UNDER FED-\nERAL FLOOD INSURANCE PLAN. \nChapter I of the National Flood Insurance Act \nof 1968 (42 U.S.C. 4011 et seq.) is amended by adding at the end the following: \n‘‘SEC. 1325. TREATMENT OF SWIMMING POOL EN-\nCLOSURES OUTSIDE OF HURRICANE SEASON. \n‘‘(a) I NGENERAL .—Notwithstanding any other \nprovision of law, including the adequate land use and control measures developed pursuant to section 1361 and applicable to non-one- and two-family structures located within coastal areas, as identified by the Administrator, the following may be permitted: \n‘‘(1) Nonsupporting breakaway walls in the \nspace below the lowest elevated floor of a build-ing, if the space is used solely for a swimming pool between November 30 and June 1 of any year, in an area designated as Zone V on a flood insurance rate map. \n‘‘(2) Openings in walls in the space below the \nlowest elevated floor of a building, if the space is used solely for a swimming pool between No-vember 30 and June 1 of any year, in an area designated as Zone A on a flood insurance rate map. \n‘‘(b) R\nULE OF CONSTRUCTION .—Nothing in \nsubsection (a) shall be construed to alter the terms and conditions of eligibility and insur-ability of coverage for a building under the standard flood insurance policy under the na-tional flood insurance program.’’. \nSEC. 100243. CDBG ELIGIBILITY FOR FLOOD IN-\nSURANCE OUTREACH ACTIVITIES AND COMMUNITY BUILDING CODE ADMINISTRATION GRANTS. \n(a) A MENDMENTS .—Section 105(a) of the Hous-\ning and Community Development Act of 1974 (42 U.S.C. 5305(a)) is amended— \n(1) by redesignating paragraph (25) as para-\ngraph (26); \n(2) by redesignating the second paragraph \ndesignated as paragraph (24) (relating to tor-nado-safe shelters) as paragraph (25); \n(3) in paragraph (24) (relating to homeowner-\nship among persons with low and moderate in-come), by striking ‘‘and’’ at the end; \n(4) in paragraph (25), as so redesignated, by \nstriking ‘‘and’’ at the end; \n(5) in paragraph (26), as so redesignated, by \nstriking the period at the end and inserting a semicolon; and \n(6) by adding at the end the following new \nparagraphs: \n‘‘(27) supplementing existing State or local \nfunding for administration of building code en-forcement by local building code enforcement departments, including for increasing staffing, providing staff training, increasing staff com-petence and professional qualifications, and supporting individual certification or depart-mental accreditation, and for capital expendi-tures specifically dedicated to the administra-tion of the building code enforcement depart-ment, except that, to be eligible to use amounts as provided in this paragraph— \n‘‘(A) a building code enforcement department \nshall provide matching, non-Federal funds to be used in conjunction with amounts used under this paragraph in an amount— \n‘‘(i) in the case of a building code enforcement \ndepartment serving an area with a population of more than 50,000, equal to not less than 50 percent of the total amount of any funds made available under this title that are used under this paragraph; ‘‘(ii) in the case of a building code enforce-\nment department serving an area with a popu-lation of between 20,001 and 50,000, equal to not less than 25 percent of the total amount of any funds made available under this title that are used under this paragraph; and \n‘‘(iii) in the case of a building code enforce-\nment department serving an area with a popu-lation of less than 20,000, equal to not less than 12.5 percent of the total amount of any funds made available under this title that are used under this paragraph, \nexcept that the Secretary may waive the match-\ning fund requirements under this subparagraph, in whole or in part, based upon the level of eco-nomic distress of the jurisdiction in which is lo-cated the local building code enforcement de-partment that is using amounts for purposes under this paragraph, and shall waive such matching fund requirements in whole for any recipient jurisdiction that has dedicated all building code permitting fees to the conduct of local building code enforcement; and \n‘‘(B) any building code enforcement depart-\nment using funds made available under this title for purposes under this paragraph shall empanel a code administration and enforcement team consisting of at least 1 full-time building code enforcement officer, a city planner, and a health planner or similar officer; and \n‘‘(28) provision of assistance to local govern-\nmental agencies responsible for floodplain man-agement activities (including such agencies of Indians tribes, as such term is defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103)) in communities that participate in the na-tional flood insurance program under the Na-tional Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), only for carrying out outreach ac-tivities to encourage and facilitate the purchase of flood insurance protection under such Act by owners and renters of properties in such commu-nities and to promote educational activities that increase awareness of flood risk reduction; ex-cept that— \n‘‘(A) amounts used as provided under this \nparagraph shall be used only for activities de-signed to— \n‘‘(i) identify owners and renters of properties \nin communities that participate in the national flood insurance program, including owners of residential and commercial properties; \n‘‘(ii) notify such owners and renters when \ntheir properties become included in, or when they are excluded from, an area having special flood hazards and the effect of such inclusion or exclusion on the applicability of the mandatory flood insurance purchase requirement under section 102 of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a) to such properties; \n‘‘(iii) educate such owners and renters regard-\ning the flood risk and reduction of this risk in their community, including the continued flood risks to areas that are no longer subject to the flood insurance mandatory purchase require-ment; \n‘‘(iv) educate such owners and renters regard-\ning the benefits and costs of maintaining or ac-quiring flood insurance, including, where appli-cable, lower-cost preferred risk policies under this title for such properties and the contents of such properties; \n‘‘(v) encourage such owners and renters to \nmaintain or acquire such coverage; \n‘‘(vi) notify such owners of where to obtain \ninformation regarding how to obtain such cov-erage, including a telephone number, mailing address, and Internet site of the Administrator of the Federal Emergency Management Agency (in this paragraph referred to as the ‘Adminis-trator’) where such information is available; and \n‘‘(vii) educate local real estate agents in com-\nmunities participating in the national flood in-surance program regarding the program and the availability of coverage under the program for \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00416 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4575 June 28, 2012 \nowners and renters of properties in such commu-\nnities, and establish coordination and liaisons with such real estate agents to facilitate pur-chase of coverage under the National Flood In-surance Act of 1968 and increase awareness of flood risk reduction; \n‘‘(B) in any fiscal year, a local governmental \nagency may not use an amount under this para-graph that exceeds 3 times the amount that the agency certifies, as the Secretary, in consulta-tion with the Administrator, shall require, that the agency will contribute from non-Federal funds to be used with such amounts used under this paragraph only for carrying out activities described in subparagraph (A); and for purposes of this subparagraph, the term ‘non-Federal funds’ includes State or local government agen-cy amounts, in-kind contributions, any salary paid to staff to carry out the eligible activities of the local governmental agency involved, the value of the time and services contributed by volunteers to carry out such services (at a rate determined by the Secretary), and the value of any donated material or building and the value of any lease on a building; \n‘‘(C) a local governmental agency that uses \namounts as provided under this paragraph may coordinate or contract with other agencies and entities having particular capacities, specialties, or experience with respect to certain populations or constituencies, including elderly or disabled families or persons, to carry out activities de-scribed in subparagraph (A) with respect to such populations or constituencies; and \n‘‘(D) each local government agency that uses \namounts as provided under this paragraph shall submit a report to the Secretary and the Admin-istrator, not later than 12 months after such amounts are first received, which shall include such information as the Secretary and the Ad-ministrator jointly consider appropriate to de-scribe the activities conducted using such amounts and the effect of such activities on the retention or acquisition of flood insurance cov-erage.’’. \n(b) S\nUNSET .—Effective on the date that is 2 \nyears after the date of enactment of this Act, section 105(a) of the Housing and Community Development Act of 1974 (42 U.S.C. 5305(a)) is amended— \n(1) in paragraph (25), as so redesignated by \nsubsection (a) of this subsection, by adding ‘‘and’’ at the end; \n(2) in paragraph (26), as so redesignated by \nsubsection (a) of this subsection, by striking the semicolon at the end and inserting a period; and \n(3) by striking paragraphs (27) and (28), as \nadded by subsection (a) of this subsection. \nSEC. 100244. TERMINATION OF FORCE-PLACED IN-\nSURANCE. \n(a) I NGENERAL .—Section 102(e) of the Flood \nDisaster Protection Act of 1973 (42 U.S.C. 4012a(e)) is amended— \n(1) in paragraph (2), by striking ‘‘purchasing \nthe insurance’’ and inserting ‘‘purchasing the insurance, including premiums or fees incurred for coverage beginning on the date on which flood insurance coverage lapsed or did not pro-vide a sufficient coverage amount’’; \n(2) by redesignating paragraphs (3) and (4) as \nparagraphs (5) and (6), respectively; and \n(3) by inserting after paragraph (2) the fol-\nlowing new paragraphs: \n‘‘(3) T\nERMINATION OF FORCE -PLACED INSUR -\nANCE.—Within 30 days of receipt by the lender \nor servicer of a confirmation of a borrower’s ex-isting flood insurance coverage, the lender or servicer shall— \n‘‘(A) terminate any insurance purchased by \nthe lender or servicer under paragraph (2); and \n‘‘(B) refund to the borrower all premiums paid \nby the borrower for any insurance purchased by the lender or servicer under paragraph (2) dur-ing any period during which the borrower’s flood insurance coverage and the insurance cov-erage purchased by the lender or servicer were each in effect, and any related fees charged to the borrower with respect to the insurance pur-chased by the lender or servicer during such pe-\nriod. \n‘‘(4) S\nUFFICIENCY OF DEMONSTRATION .—For \npurposes of confirming a borrower’s existing flood insurance coverage, a lender or servicer for a loan shall accept from the borrower an in-surance policy declarations page that includes the existing flood insurance policy number and the identity of, and contact information for, the insurance company or agent.’’. \nSEC. 100245. FEMA AUTHORITY ON TRANSFER OF \nPOLICIES. \nSection 1345 of the National Flood Insurance \nAct of 1968 (42 U.S.C. 4081) is amended by add-ing at the end the following new subsection: \n‘‘(d) FEMA A\nUTHORITY ON TRANSFER OF POLI-\nCIES.—Notwithstanding any other provision of \nthis title, the Administrator may, at the discre-tion of the Administrator, refuse to accept the transfer of the administration of policies for coverage under the flood insurance program under this title that are written and adminis-tered by any insurance company or other in-surer, or any insurance agent or broker.’’. \nSEC. 100246. REIMBURSEMENT OF CERTAIN EX-\nPENSES. \nSection 1363 of the National Flood Insurance \nAct of 1968 (42 U.S.C. 4104) is amended by strik-ing subsection (f) and inserting the following: \n‘‘(f) R\nEIMBURSEMENT OF CERTAIN EXPENSES .— \nWhen, incident to any appeal under subsection (b) or (c) of this section, the owner or lessee of real property or the community, as the case may be, incurs expense in connection with the serv-ices of surveyors, engineers, or similar services, but not including legal services, in the effecting of an appeal based on a scientific or technical error on the part of the Federal Emergency Management Agency, which is successful in whole or part, the Administrator shall reimburse such individual or community to an extent measured by the ratio of the successful portion of the appeal as compared to the entire appeal and applying such ratio to the reasonable value of all such services, but no reimbursement shall be made by the Administrator in respect to any fee or expense payment, the payment of which was agreed to be contingent upon the result of the appeal. The amounts available for imple-menting this subsection shall not exceed $250,000. The Administrator shall promulgate regulations to carry out this subsection.’’. \nSEC. 100247. FIO STUDY ON RISKS, HAZARDS, AND \nINSURANCE. \n(a) I NGENERAL .—Not later than 1 year after \nthe date of enactment of this Act, the Director of the Federal Insurance Office shall conduct a study and submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report providing an assessment of the current state of the market for natural catastrophe insurance in the United States. \n(b) F\nACTORS .—The study and report required \nunder subsection (a) shall assess— \n(1) the current condition of, as well as the \noutlook for, the availability and affordability of insurance for natural catastrophe perils in all regions of the United States; \n(2) the current ability of States, communities, \nand individuals to mitigate their natural catas-trophe risks, including the affordability and feasibility of such mitigation activities; \n(3) the current state of catastrophic insurance \nand reinsurance markets and the current ap-proaches in providing insurance protection to different sectors of the population of the United States; \n(4) the current financial condition of State re-\nsidual markets and catastrophe funds in high- risk regions, including the likelihood of insol-vency following a natural catastrophe, the con-centration of risks within such funds, the reli-ance on post-event assessments and State fund-ing, and the adequacy of rates; and \n(5) the current role of the Federal Government \nand State and local governments in providing incentives for feasible risk mitigation efforts and \nthe cost of providing post-natural catastrophe aid in the absence of insurance. \n(c) A\nDDITIONAL FACTORS .—The study and re-\nport required under subsection (a) shall also contain an assessment of current approaches to insuring natural catastrophe risks in the United States and such other information as the Direc-tor of the Federal Insurance Office determines necessary or appropriate. \n(d) C\nONSULTATION .—In carrying out the study \nand report under subsection (a), the Director of the Federal Insurance Office shall consult with the National Academy of Sciences, State insur-ance regulators, consumer organizations, rep-resentatives of the insurance and reinsurance industry, policyholders, and other organizations and experts, as appropriate. \nSEC. 100248. FLOOD PROTECTION IMPROVE-\nMENTS CONSTRUCTED ON CERTAIN PROPERTIES. \n(a) D EFINITION .—In this section, the term \n‘‘covered hazard mitigation land’’ means land that— \n(1) was acquired and deed restricted under \nsection 1366 of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c) during the period begin-ning on March 1, 2008, and ending on December 31, 2008; \n(2) is located at— (A) 809 East Main Cross Street, Findlay, Ohio, \n45840; \n(B) 801 East Main Cross Street, Findlay, Ohio, \n45840; \n(C) 725 East Main Cross Street, Findlay, Ohio, \n45840; or \n(D) 631 East Main Cross Street, Findlay, \nOhio, 45840; and \n(3) is located in a community that— (A) is participating in the National Flood In-\nsurance Program on the date on which a State, local, or tribal government submits an applica-tion requesting to construct a flood protection improvement under subsection (b); and \n(B) certifies to the Administrator and the \nChief of Engineers that the community will con-tinue to participate in the National Flood Insur-ance Program. \n(b) A\nUTHORITY .—Notwithstanding any other \nprohibition on construction on property ac-quired with funding from the Federal Emer-gency Management Agency for conversion to open space purposes, the Administrator shall allow the construction of a flood protection im-provement by a State, local, or tribal govern-ment on covered hazard mitigation land if— \n(1) the Administrator and the Chief of Engi-\nneers make a determination that— \n(A) construction of the proposed flood protec-\ntion improvement would more effectively miti-gate against flooding risk than an open flood-plain or other flood risk reduction measures; \n(B) the proposed flood protection improvement \ncomplies with Federal, State, and local require-ments, including mitigation of adverse impacts and implementation of floodplain management requirements, which shall include an evaluation of whether the construction, operation, and maintenance of the proposed flood protection improvement— \n(i) would continue to meet best available in-\ndustry standards and practices; \n(ii) would be the most cost-effective measure to \nprotect against the assessed flood risk; and \n(iii) minimizes future costs to the Federal Gov-\nernment; \n(C) the State, local, or tribal government seek-\ning to construct the flood protection improve-ment has provided an adequate maintenance plan that documents the procedures the State, local, or tribal government will use to ensure that the stability, height, and overall integrity of the proposed flood protection improvement and the structure and systems of the proposed flood protection improvement are maintained, including— \n(i) specifying the maintenance activities to be \nperformed; \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00417 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4576 June 28, 2012 \n(ii) specifying the frequency with which main-\ntenance activities will be performed; \n(iii) specifying the person responsible for per-\nforming each maintenance activity (by name or title); \n(iv) detailing the plan for financing the main-\ntenance of the flood protection improvement; and \n(v) documenting the ability of the State, local, \nor tribal government to finance the maintenance of the flood protection improvement; and \n(2) before the commencement of construction, \nthe State, local, or tribal government provides to the Administrator an amount— \n(A) equal to the Federal share of all project \ncosts previously provided by the Administrator under the applicable program for each deed re-stricted parcel of the covered hazard mitigation land, which the Administrator shall deposit in the National Flood Insurance Fund; and \n(B) that does not include any Federal funds. (c) M\nAINTENANCE CERTIFICATION .— \n(1) I N GENERAL .—A State, local, or tribal gov-\nernment that constructs a flood protection im-provement under subsection (b) shall submit to the Administrator and the Chief of Engineers an annual certification indicating whether the State, local, or tribal government is in compli-ance with the maintenance plan provided under subsection (b)(1)(C). \n(2) R\nEVIEW .—The Chief of Engineers shall re-\nview each certification submitted under para-graph (1) and determine whether the State, local, or tribal government has complied with the maintenance plan. \nSEC. 100249. NO CAUSE OF ACTION. \nNo cause of action shall exist and no claim \nmay be brought against the United States for violation of any notification requirement im-posed upon the United States by this subtitle or any amendment made by this subtitle. \nSubtitle B—Alternative Loss Allocation \nSEC. 100251. SHORT TITLE. \nThis subtitle may be cited as the ‘‘Consumer \nOption for an Alternative System to Allocate Losses Act of 2012’’ or the ‘‘COASTAL Act of 2012’’. \nSEC. 100252. ASSESSING AND MODELING NAMED \nSTORMS OVER COASTAL STATES. \nSubtitle C of title XII of the Omnibus Public \nLand Management Act of 2009 (33 U.S.C. 3601 et seq.) (also known as the ‘‘Integrated Coastal and Ocean Observation System Act of 2009’’) is amended by adding at the end the following: \n‘‘SEC. 12312. ASSESSING AND MODELING NAMED \nSTORMS OVER COASTAL STATES. \n‘‘(a) D EFINITIONS .—In this section: \n‘‘(1) COASTAL FORMULA .—The term ‘COAST-\nAL Formula’ has the meaning given the term in section 1337(a) of the National Flood Insurance Act of 1968. \n‘‘(2) C\nOASTAL STATE .—The term ‘coastal State’ \nhas the meaning given the term ‘coastal state’ in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453). \n‘‘(3) C\nOASTAL WATERS .—The term ‘coastal \nwaters’ has the meaning given the term in such section. \n‘‘(4) C\nOVERED DATA .—The term ‘covered data’ \nmeans, with respect to a named storm identified by the Administrator under subsection (b)(2)(A), empirical data that are— \n‘‘(A) collected before, during, or after such \nstorm; and \n‘‘(B) necessary to determine magnitude and \ntiming of wind speeds, rainfall, the barometric pressure, river flows, the extent, height, and timing of storm surge, topographic and bathy-metric data, and other measures required to ac-curately model and assess damage from such storm. \n‘‘(5) I\nNDETERMINATE LOSS .—The term ‘indeter-\nminate loss’ has the meaning given the term in section 1337(a) of the National Flood Insurance Act of 1968. \n‘‘(6) N\nAMED STORM .—The term ‘named storm’ \nmeans any organized weather system with a de-fined surface circulation and maximum winds of \nat least 39 miles per hour which the National Hurricane Center of the United States National Weather Service names as a tropical storm or a hurricane. \n‘‘(7) N\nAMED STORM EVENT MODEL .—The term \n‘Named Storm Event Model’ means the official meteorological and oceanographic computerized model, developed by the Administrator under subsection (b)(1)(A), which utilizes covered data to replicate the magnitude, timing, and spatial variations of winds, rainfall, and storm surges associated with named storms that threaten any portion of a coastal State. \n‘‘(8) P\nARTICIPANT .—The term ‘participant’ \nmeans a Federal, State, or private entity that chooses to cooperate with the Administrator in carrying out the provisions of this section by collecting, contributing, and maintaining cov-ered data. \n‘‘(9) P\nOST-STORM ASSESSMENT .—The term \n‘post-storm assessment’ means a scientific as-sessment produced and certified by the Adminis-trator to determine the magnitude, timing, and spatial variations of winds, rainfall, and storm surges associated with a specific named storm to be used in the COASTAL Formula. \n‘‘(10) S\nTATE.—The term ‘State’ means a State \nof the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States. \n‘‘(b) N\nAMED STORM EVENT MODEL AND POST- \nSTORM ASSESSMENT .— \n‘‘(1) E STABLISHMENT OF NAMED STORM EVENT \nMODEL .— \n‘‘(A) I N GENERAL .—Not later than 540 days \nafter the date of the enactment of the Consumer Option for an Alternative System to Allocate Losses Act of 2012, the Administrator shall de-velop by regulation the Named Storm Event Model. \n‘‘(B) A\nCCURACY .—The Named Storm Event \nModel shall be designed to generate post-storm assessments, as provided in paragraph (2), that have a degree of accuracy of not less than 90 percent for every indeterminate loss for which a post-storm assessment is utilized. \n‘‘(2) P\nOST-STORM ASSESSMENT .— \n‘‘(A) I DENTIFICATION OF NAMED STORMS \nTHREATENING COASTAL STATES .—After the estab-\nlishment of the COASTAL Formula, the Admin-istrator shall, in consultation with the Secretary of Homeland Security, identify named storms that may reasonably constitute a threat to any portion of a coastal State. \n‘‘(B) P\nOST-STORM ASSESSMENT REQUIRED .— \nUpon identification of a named storm under subparagraph (A), the Administrator shall de-velop a post-storm assessment for such named storm using the Named Storm Event Model and covered data collected for such named storm pursuant to the protocol established under sub-section (c)(1). \n‘‘(C) S\nUBMITTAL OF POST -STORM ASSESS -\nMENT .—Not later than 90 days after an identi-\nfication of a named storm is made under sub-paragraph (A), the Administrator shall submit to the Secretary of Homeland Security the post- storm assessment developed for such storm under subparagraph (B). \n‘‘(3) A\nCCURACY .—The Administrator shall en-\nsure, to the greatest extent practicable, that each post-storm assessment developed under paragraph (2) has a degree of accuracy of not less than 90 percent. \n‘‘(4) C\nERTIFICATION .—For each post-storm as-\nsessment carried out under paragraph (2), the Administrator shall— \n‘‘(A) certify the degree of accuracy for such \nassessment, including specific reference to any segments or geographic areas for which the as-sessment is less than 90 percent accurate; and \n‘‘(B) report such certification to the Secretary \nof Homeland Security for the purposes of use with indeterminate loss claims under section 1337 of the National Flood Insurance Act of 1968. ‘‘(5) F\nINALITY OF DETERMINATIONS .—A certifi-\ncation of the degree of accuracy of a post-storm assessment under this subsection by the Admin-istrator shall be final and shall not be subject to judicial review. \n‘‘(6) A\nVAILABILITY .—The Administrator shall \nmake available to the public the Named Storm Event Model and any post-storm assessment de-veloped under this subsection. \n‘‘(c) E\nSTABLISHMENT OF A PROTOCOL FOR \nPOST-STORM ASSESSMENT .— \n‘‘(1) I N GENERAL .—Not later than 540 days \nafter the date of the enactment of the Consumer Option for an Alternative System to Allocate Losses Act of 2012, the Administrator shall es-tablish a protocol, based on the plan submitted under subsection (d)(3), to collect and assemble all covered data required by the Administrator to produce post-storm assessments required by subsection (b), including assembling data col-lected by participants and stored in the data-base established under subsection (f) and from such other sources as the Administrator con-siders appropriate. \n‘‘(2) A\nCQUISITION OF SENSORS AND STRUC -\nTURES .—If the Administrator is unable to use a \npublic or private asset to obtain covered data as part of the protocol established under para-graph (1), the Administrator may acquire such sensors and structures for the placement of sen-sors as may be necessary to obtain such data. \n‘‘(3) U\nSE OF FEDERAL ASSETS .—If the protocol \nrequires placement of a sensor to develop assess-ments pursuant to subsection (b), the Adminis-trator shall, to the extent practicable, use Fed-eral assets for the placement of such sensors. \n‘‘(4) U\nSE OF ACQUIRED STRUCTURES .— \n‘‘(A) I N GENERAL .—If the Administrator ac-\nquires a structure for the placement of a sensor for purposes of such protocol, the Administrator shall to the extent practical permit other public and private entities to place sensors on such structure to collect— \n‘‘(i) meteorological data; ‘‘(ii) national security-related data; ‘‘(iii) navigation-related data; ‘‘(iv) hydrographic data; or ‘‘(v) such other data as the Administrator \nconsiders appropriate. \n‘‘(B) R\nECEIPT OF CONSIDERATION .—The Ad-\nministrator may receive consideration for the placement of a sensor on a structure under sub-paragraph (A). \n‘‘(C) I\nN-KIND CONSIDERATION .—Consideration \nreceived under subparagraph (B) may be re-ceived in-kind. \n‘‘(D) U\nSE OF CONSIDERATION .—To the extent \npracticable, consideration received under sub-paragraph (B) shall be used for the mainte-nance of sensors used to collect covered data. \n‘‘(5) C\nOORDINATED DEPLOYMENTS AND DATA \nCOLLECTION PRACTICES .—The Administrator \nshall, in consultation with the Office of the Federal Coordinator for Meteorology, coordinate the deployment of sensors as part of the protocol established under paragraph (1) and related data collection carried out by Federal, State, academic, and private entities who choose to co-operate with the Administrator in carrying out this subsection. \n‘‘(6) P\nRIORITY ACQUISITION AND DEPLOY -\nMENT .—The Administrator shall give priority in \nthe acquisition for and deployment of sensors under the protocol required by paragraph (1) to areas of coastal States that have the highest risk of being harmed by named storms. \n‘‘(d) A\nSSESSMENT OF SYSTEMS AND EFFORTS TO \nCOLLECT COVERED DATA.— \n‘‘(1) I DENTIFICATION OF SYSTEMS AND EFFORTS \nTO COLLECT COVERED DATA .—Not later than 180 \ndays after the date of the enactment of the Con-sumer Option for an Alternative System to Allo-cate Losses Act of 2012, the Administrator shall, in consultation with the Office of the Federal Coordinator for Meteorology— \n‘‘(A) carry out a survey to identify all Federal \nand State efforts and systems that are capable of collecting covered data; and \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00418 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4577 June 28, 2012 \n‘‘(B) consult with private and academic sector \nentities to identify domestic private and aca-demic systems that are capable of collecting cov-ered data. \n‘‘(2) I\nDENTIFICATION OF GAPS .—The Adminis-\ntrator shall, in consultation with the Office of the Federal Coordinator for Meteorology and in-dividuals and entities consulted under sub-section (e)(3), assess the systems identified under paragraph (1) and identify which systems meet the needs of the National Oceanic and At-mospheric Administration for the collection of covered data, including with respect to the ac-curacy requirement for post-storm assessment under subsection (b)(3). \n‘‘(3) P\nLAN.—Not later than 270 days after the \ndate of the enactment of the Consumer Option for an Alternative System to Allocate Losses Act of 2012, the Administrator shall, in consultation with the Office of the Federal Coordinator for Meteorology, submit to Congress a plan for the collection of covered data necessary to develop the Named Storm Event Model and post-storm assessment required by subsection (b) that ad-dresses any gaps identified in paragraph (2). \n‘‘(e) C\nOORDINATION OF COVERED DATACOL-\nLECTION AND MAINTENANCE BY PARTICIPANTS .— \n‘‘(1) I N GENERAL .—The Administrator shall, in \nconsultation with the Office of the Federal Co-ordinator for Meteorology, coordinate the collec-tion and maintenance of covered data by par-ticipants under this section— \n‘‘(A) to streamline the process of collecting \ncovered data in accordance with the protocol es-tablished under subsection (c)(1); and \n‘‘(B) to maintain transparency of such process \nand the database established under subsection (f). \n‘‘(2) S\nHARING INFORMATION .—The Adminis-\ntrator shall establish a process for sharing among participants information relevant to col-lecting and using covered data for— \n‘‘(A) academic research; ‘‘(B) private sector use; ‘‘(C) public outreach; and ‘‘(D) such other purposes as the Administrator \nconsiders appropriate. \n‘‘(3) C\nONSULTATION .—In carrying out para-\ngraphs (1) and (2), the Administrator shall con-sult with the following: \n‘‘(A) The Commanding General of the Corps of \nEngineers. \n‘‘(B) The Administrator of the Federal Emer-\ngency Management Agency. \n‘‘(C) The Commandant of the Coast Guard. ‘‘(D) The Director of the United States Geo-\nlogical Survey. \n‘‘(E) The Office of the Federal Coordinator for \nMeteorology. \n‘‘(F) The Director of the National Science \nFoundation. \n‘‘(G) The Administrator of the National Aero-\nnautics and Space Administration. \n‘‘(H) Such public, private, and academic sec-\ntor entities as the Administrator considers ap-propriate for purposes of carrying out the provi-sions of this section. \n‘‘(f) E\nSTABLISHMENT OF COASTAL WIND AND \nWATER EVENT DATABASE .— \n‘‘(1) I N GENERAL .—Not later than 1 year after \nthe date of the enactment of the Consumer Op-tion for an Alternative System to Allocate Losses Act of 2012, the Administrator shall establish a database for the collection and compilation of covered data— \n‘‘(A) to support the protocol established under \nsubsection (c)(1); and \n‘‘(B) for the purposes listed in subsection \n(e)(2). \n‘‘(2) D\nESIGNATION .—The database established \nunder paragraph (1) shall be known as the ‘Coastal Wind and Water Event Database’. \n‘‘(g) C\nOMPTROLLER GENERAL STUDY .—Not \nlater than 1 year after the date of the enactment of the Consumer Option for an Alternative Sys-tem to Allocate Losses Act of 2012, the Comp-troller General of the United States shall— \n‘‘(1) complete an audit of Federal efforts to \ncollect covered data for purposes of the Con-sumer Option for an Alternative System to Allo-\ncate Losses Act of 2012, which audit shall— \n‘‘(A) examine duplicated Federal efforts to \ncollect covered data; and \n‘‘(B) determine the cost effectiveness of such \nefforts; and \n‘‘(2) submit to the Committee on Banking, \nHousing, and Urban Affairs and the Commerce, Science, and Transportation of the Senate and the Committee on Financial Services and the Committee on Science, Space, and Technology of the House of Representatives a report on the findings of the Comptroller General with respect to the audit completed under paragraph (1).’’. \nSEC. 100253. ALTERNATIVE LOSS ALLOCATION \nSYSTEM FOR INDETERMINATE CLAIMS. \nPart A of chapter II of the National Flood In-\nsurance Act of 1968 (42 U.S.C. 4051 et seq.) is amended by adding at the end the following: \n‘‘SEC. 1337. ALTERNATIVE LOSS ALLOCATION SYS-\nTEM FOR INDETERMINATE CLAIMS. \n‘‘(a) D EFINITIONS .—In this section: \n‘‘(1) A DMINISTRATOR .—The term ‘Adminis-\ntrator’ means the Administrator of the Federal Emergency Management Agency. \n‘‘(2) COASTAL \nFORMULA .—The term ‘COAST-\nAL Formula’ means the formula established under subsection (b). \n‘‘(3) C\nOASTAL STATE .—The term ‘coastal State’ \nhas the meaning given the term ‘coastal state’ in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453). \n‘‘(4) I\nNDETERMINATE LOSS .— \n‘‘(A) I N GENERAL .—The term ‘indeterminate \nloss’ means, as determined by an insurance claims adjuster certified under the national flood insurance program and in consultation with an engineer as appropriate, a loss resulting from physical damage to, or loss of, property lo-cated in any coastal State arising from the com-bined perils of flood and wind associated with a named storm. \n‘‘(B) R\nEQUIREMENTS .—An insurance claims \nadjuster certified under the national flood in-surance program shall only determine that a loss is an indeterminate loss if the claims ad-juster determines that— \n‘‘(i) no material remnant of physical buildings \nor man-made structures remain except building foundations for the specific property for which the claim is made; and \n‘‘(ii) there is insufficient or no tangible evi-\ndence created, yielded, or otherwise left behind of the specific property for which the claim is made as a result of the named storm. \n‘‘(5) N\nAMED STORM .—The term ‘named storm’ \nmeans any organized weather system with a de-fined surface circulation and maximum winds of not less than 39 miles per hour which the Na-tional Hurricane Center of the United States National Weather Service names as a tropical storm or a hurricane. \n‘‘(6) P\nOST-STORM ASSESSMENT .—The term \n‘post-storm assessment’ means the post-storm as-sessment developed under section 12312(b) of the Omnibus Public Land Management Act of 2009. \n‘‘(7) S\nTATE.—The term ‘State’ means a State of \nthe United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States. \n‘‘(8) S\nECRETARY .—The term ‘Secretary’ means \nthe Secretary of Homeland Security. \n‘‘(9) S TANDARD INSURANCE POLICY .—The term \n‘standard insurance policy’ means any insur-ance policy issued under the national flood in-surance program that covers loss or damage to property resulting from water peril. \n‘‘(10) P\nROPERTY .—The term ‘property’ means \nreal or personal property that is insured under a standard insurance policy for loss or damage to structure or contents. \n‘‘(11) U\nNDER SECRETARY .—The term ‘Under \nSecretary’ means the Under Secretary of Com-merce for Oceans and Atmosphere, in the Under Secretary’s capacity as Administrator of the Na-tional Oceanic and Atmospheric Administration. \n‘‘(b) E\nSTABLISHMENT OF FLOOD LOSSALLOCA -\nTION FORMULA FOR INDETERMINATE CLAIMS .— ‘‘(1) I N GENERAL .—Not later than 180 days \nafter the date on which the protocol is estab-lished under section 12312(c)(1) of the Omnibus Public Land Management Act of 2009, the Sec-retary, acting through the Administrator and in consultation with the Under Secretary, shall es-tablish by rule a standard formula to determine and allocate wind losses and flood losses for claims involving indeterminate losses. \n‘‘(2) C\nONTENTS .—The standard formula estab-\nlished under paragraph (1) shall— \n‘‘(A) incorporate data available from the \nCoastal Wind and Water Event Database estab-lished under section 12312(f) of the Omnibus Public Land Management Act of 2009; \n‘‘(B) use relevant data provided on the Na-\ntional Flood Insurance Program Elevation Cer-tificate for each indeterminate loss for which the formula is used; \n‘‘(C) consider any sufficient and credible evi-\ndence, approved by the Administrator, of the pre-event condition of a specific property, in-cluding the findings of any policyholder or in-surance claims adjuster in connection with the indeterminate loss to that specific property; \n‘‘(D) include other measures, as the Adminis-\ntrator considers appropriate, required to deter-mine and allocate by mathematical formula the property damage caused by flood or storm surge associated with a named storm; and \n‘‘(E) subject to paragraph (3), for each inde-\nterminate loss, use the post-storm assessment to allocate water damage (flood or storm surge) as-sociated with a named storm. \n‘‘(3) D\nEGREE OF ACCURACY REQUIRED .—The \nstandard formula established under paragraph (1) shall specify that the Administrator may only use the post-storm assessment for purposes of the formula if the Under Secretary certifies that the post-storm assessment has a degree of accuracy of not less than 90 percent in connec-tion with the specific indeterminate loss for which the assessment and formula are used. \n‘‘(c) A\nUTHORIZED USE OF POST-STORM ASSESS -\nMENT AND COASTAL F ORMULA .— \n‘‘(1) I N GENERAL .—Subject to paragraph (3), \nthe Administrator may use the post-storm as-sessment and the COASTAL Formula to— \n‘‘(A) review flood loss payments for indetermi-\nnate losses, including as part of the quality as-surance reinspection program of the Federal Emergency Management Agency for claims under the national flood insurance program and any other process approved by the Adminis-trator to review and validate payments under the national flood insurance program for inde-terminate losses following a named storm; and \n‘‘(B) assist the national flood insurance pro-\ngram to— \n‘‘(i) properly cover qualified flood loss for \nclaims for indeterminate losses; and \n‘‘(ii) avoid paying for any loss or damage to \nproperty caused by any peril (including wind), other than flood or storm surge, that is not cov-ered under a standard policy under the national flood insurance program. \n‘‘(2) F\nEDERAL DISASTER DECLARATION .—Sub-\nject to paragraph (3), in order to expedite claims and reduce costs to the national flood insurance program, following any major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency As-sistance Act (42 U.S.C. 5170) relating to a named storm in a coastal State, the Administrator may use the COASTAL Formula to determine and pay for any flood loss covered under a standard insurance policy under the national flood insur-ance program, if the loss is an indeterminate loss. \n‘‘(3) N\nATIONAL ACADEMY OF SCIENCES EVALUA -\nTION.— \n‘‘(A) E VALUATION REQUIRED .— \n‘‘(i) E VALUATION .—Upon the issuance of the \nrule establishing the COASTAL Formula, and each time the Administrator modifies the COASTAL Formula, the National Academy of Sciences shall— \n‘‘(I) evaluate the expected financial impact on \nthe national flood insurance program of the use \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00419 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4578 June 28, 2012 \nof the COASTAL Formula as so established or \nmodified; and \n‘‘(II) evaluate the validity of the scientific as-\nsumptions upon which the formula is based and determine whether the COASTAL formula can achieve a degree of accuracy of not less than 90 percent in allocating flood losses for indetermi-nate losses. \n‘‘(ii) R\nEPORT .—The National Academy of \nSciences shall submit a report containing the re-sults of each evaluation under clause (i) to the Administrator, the Committee on Banking, Housing, and Urban Affairs and the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Financial Services and the Committee on Science, Space, and Technology of the House of Representa-tives. \n‘‘(B) E\nFFECTIVE DATE AND APPLICABILITY .— \n‘‘(i) E FFECTIVE DATE .—Paragraphs (1) and (2) \nof this subsection shall not take effect unless the report under subparagraph (A) relating to the establishment of the COASTAL Formula con-cludes that the use of the COASTAL Formula for purposes of paragraph (1) and (2) would not have an adverse financial impact on the na-tional flood insurance program and that the COASTAL Formula is based on valid scientific assumptions that would allow a degree of accu-racy of not less than 90 percent to be achieved in allocating flood losses for indeterminate losses. \n‘‘(ii) E\nFFECT OF MODIFICATIONS .—Unless the \nreport under subparagraph (A) relating to a modification of the COASTAL Formula con-cludes that the use of the COASTAL Formula, as so modified, for purposes of paragraphs (1) and (2) would not have an adverse financial im-pact on the national flood insurance program and that the COASTAL Formula is based on valid scientific assumptions that would allow a degree of accuracy of not less than 90 percent to be achieved in allocating flood losses for inde-terminate losses the Administrator may not use the COASTAL Formula, as so modified, for pur-poses of paragraphs (1) and (2). \n‘‘(C) F\nUNDING .—Notwithstanding section 1310 \nof the National Flood Insurance Act of 1968 (42 U.S.C. 4017), there shall be available to the Ad-ministrator from the National Flood Insurance Fund, of amounts not otherwise obligated, not more than $750,000 to carry out this paragraph. \n‘‘(d) D\nISCLOSURE OF COASTAL F ORMULA .— \nNot later than 30 days after the date on which a post-storm assessment is submitted to the Sec-retary under section 12312(b)(2)(C) of the Omni-bus Public Land Management Act of 2009, for each indeterminate loss for which the COAST-AL Formula is used pursuant to subsection (c)(2), the Administrator shall disclose to the policyholder that makes a claim relating to the indeterminate loss— \n‘‘(1) that the Administrator used the COAST-\nAL Formula with respect to the indeterminate loss; and \n‘‘(2) a summary of the results of the use of the \nCOASTAL Formula. \n‘‘(e) C\nONSULTATION .—In carrying out sub-\nsections (b) and (c), the Secretary shall consult with— \n‘‘(1) the Under Secretary for Oceans and At-\nmosphere; \n‘‘(2) the Director of the National Institute of \nStandards and Technology; \n‘‘(3) the Chief of Engineers of the Corps of En-\ngineers; \n‘‘(4) the Director of the United States Geologi-\ncal Survey; \n‘‘(5) the Office of the Federal Coordinator for \nMeteorology; \n‘‘(6) State insurance regulators of coastal \nStates; and \n‘‘(7) such public, private, and academic sector \nentities as the Secretary considers appropriate for purposes of carrying out such subsections. \n‘‘(f) R\nECORDKEEPING .—Each consideration \nand measure the Administrator determines nec-essary to carry out subsection (b) may be re-quired, with advanced approval of the Adminis-\ntrator, to be provided for on the National Flood Insurance Program Elevation Certificate, or maintained otherwise on record if approved by the Administrator, for any property that quali-fies for the COASTAL Formula under subsection (c). \n‘‘(g) C\nIVILPENALTY .— \n‘‘(1) I N GENERAL .—If an insurance claims ad-\njuster knowingly and willfully makes a false or inaccurate determination relating to an indeter-minate loss, the Administrator may, after notice and opportunity for hearing, impose on the in-surance claims adjuster a civil penalty of not more than $1,000. \n‘‘(2) D\nEPOSIT .—Notwithstanding section 3302 \nof title 31, United States Code, or any other law relating to the crediting of money, the Adminis-trator shall deposit in the National Flood Insur-ance Fund any amounts received under this subsection, which shall remain available until expended and be available to the Administrator for purposes authorized for the National Flood Insurance Fund without further appropriation. \n‘‘(h) R\nULE OF CONSTRUCTION .—Nothing in this \nsubsection shall be construed to require the Ad-ministrator to make any payment under the na-tional flood insurance program, or an insurance company to make any payment, for an indeter-minate loss based upon post-storm assessment or the COASTAL Formula. \n‘‘(i) A\nPPLICABILITY .—Subsection (c) shall \napply with respect to an indeterminate loss as-sociated with a named storm that occurs after the date on which the Administrator issues the rule establishing the COASTAL Formula under subsection (b). \n‘‘(j) R\nULE OF CONSTRUCTION .—Nothing in this \nsubsection shall be construed to negate, set aside, or void any policy limit, including any loss limitation, set forth in a standard insurance policy.’’. \nSubtitle C—HEARTH Act Amendment \nSEC. 100261. HEARTH ACT TECHNICAL CORREC-\nTIONS. \nFor purposes of title IV of the McKinney- \nVento Homeless Assistance Act (42 U.S.C. 11360 et seq.)— \n(1) the term ‘‘local government’’ includes an \ninstrumentality of a unit of general purpose local government other than a public housing agency that is established pursuant to legisla-tion and designated by the chief executive to act on behalf of the local government with regard to activities funded under such title IV and in-cludes a combination of general purpose local governments, such as an association of govern-ments, that is recognized by the Secretary of Housing and Urban Development; \n(2) the term ‘‘State’’ includes any instrumen-\ntality of any of the several States designated by the Governor to act on behalf of the State and does not include the District of Columbia; \n(3) for purposes of environmental review, the \nSecretary of Housing and Urban Development shall continue to permit assistance and projects to be treated as assistance for special projects that are subject to section 305(c) of the Multi-family Housing Property Disposition Reform Act of 1994 (42 U.S.C. 3547), and subject to the regu-lations issued by the Secretary of Housing and Urban Development to implement such section; and \n(4) a metropolitan city and an urban county \nthat each receive an allocation under such title IV and are located within a geographic area that is covered by a single continuum of care may jointly request the Secretary of Housing and Urban Development to permit the urban county or the metropolitan city, as agreed to by such county and city, to receive and administer their combined allocations under a single grant. TITLE III—STUDENT LOAN INTEREST \nRATE EXTENSION \nSEC. 100301. FEDERAL DIRECT STAFFORD LOAN \nINTEREST RATE EXTENSION. \nSection 455(b)(7)(D) of the Higher Education \nAct of 1965 (20 U.S.C. 1087e(b)(7)(D)) is amend-ed— \n(1) in the matter preceding clause (i), by strik-\ning ‘‘and before July 1, 2012,’’ and inserting ‘‘and before July 1, 2013,’’; and \n(2) in clause (v), by striking ‘‘and before July \n1, 2012,’’ and inserting ‘‘and before July 1, 2013,’’. \nSEC. 100302. ELIGIBILITY FOR, AND INTEREST \nCHARGES ON, FEDERAL DIRECT STAFFORD LOANS FOR NEW BOR-ROWERS ON OR AFTER JULY 1, 2013. \n(a) I NGENERAL .—Section 455 of the Higher \nEducation Act of 1965 (20 U.S.C. 1087e) is amended by adding at the end the following: \n‘‘(q) E\nLIGIBILITY FOR , ANDINTEREST CHARGES \nON, FEDERAL DIRECT STAFFORD LOANS FOR NEW \nBORROWERS ON OR AFTER JULY1, 2013.— \n‘‘(1) I N GENERAL .—Notwithstanding subsection \n(a) or any other provision of this title, any bor-rower who was a new borrower on or after July 1, 2013, shall not be eligible for a Federal Direct Stafford Loan if the period of time for which the borrower has received Federal Direct Stafford Loans, in the aggregate, exceeds the period of enrollment described in paragraph (3). Such bor-rower may still receive any Federal Direct Un-subsidized Stafford Loan for which such bor-rower is otherwise eligible. \n‘‘(2) A\nCCRUAL OF INTEREST ON FEDERAL DIRECT \nSTAFFORD LOANS .—Notwithstanding subsection \n(f)(1)(A) or any other provision of this title and beginning on the date upon which a borrower who is enrolled in a program of education or training (including a course of study or program described in paragraph (3)(B) or (4)(B) of sec-tion 484(b)) for which borrowers are otherwise eligible to receive Federal Direct Stafford Loans, becomes ineligible for such loan as a result of paragraph (1), interest on all Federal Direct Stafford Loans that were disbursed to such bor-rower on or after July 1, 2013, shall accrue. Such interest shall be paid or capitalized in the same manner as interest on a Federal Direct Un-subsidized Stafford Loan is paid or capitalized under section 428H(e)(2). \n‘‘(3) P\nERIOD OF ENROLLMENT .— \n‘‘(A) I N GENERAL .—The aggregate period of \nenrollment referred to in paragraph (1) shall not exceed the lesser of— \n‘‘(i) a period equal to 150 percent of the pub-\nlished length of the educational program in which the student is enrolled; or \n‘‘(ii) in the case of a borrower who was pre-\nviously enrolled in one or more other edu-cational programs that began on or after July 1, 2013, and subject to subparagraph (B), a period of time equal to the difference between— \n‘‘(I) 150 percent of the published length of the \nlongest educational program in which the bor-rower was, or is, enrolled; and \n‘‘(II) any periods of enrollment in which the \nborrower received a Federal Direct Stafford Loan. \n‘‘(B) R\nEGULATIONS .—The Secretary shall \nspecify in regulation— \n‘‘(i) how the aggregate period described in \nsubparagraph (A) shall be calculated with re-spect to a borrower who was or is enrolled on less than a full-time basis; and \n‘‘(ii) how such aggregate period shall be cal-\nculated to include a course of study or program described in paragraph (3)(B) or (4)(B) of sec-tion 484(b), respectively.’’. \n(b) I\nNAPPLICABILITY OF TITLE IV N EGOTIATED \nRULEMAKING REQUIREMENT AND MASTER CAL-\nENDAR EXCEPTION .—Sections 482(c) and 492 of \nthe Higher Education Act of 1965 (20 U.S.C. 1089(c), 1098a) shall not apply to the amendment made by subsection (a), or to any regulations promulgated under such amendment. \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00420 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4579 June 28, 2012 \nDIVISION G—SURFACE TRANSPORTATION \nEXTENSION \nSEC. 110001. SHORT TITLE. \nThis division may be cited as the ‘‘Surface \nTransportation Extension Act of 2012, Part II’’. \nTITLE I—FEDERAL-AID HIGHWAYS \nSEC. 111001. EXTENSION OF FEDERAL-AID HIGH-\nWAY PROGRAMS. \n(a) I NGENERAL .—Section 111 of the Surface \nTransportation Extension Act of 2011, Part II (Public Law 112–30; 125 Stat. 343; 126 Stat. 272) is amended— \n(1) by striking ‘‘the period beginning on Octo-\nber 1, 2011, and ending on June 30, 2012,’’ each place it appears and inserting ‘‘fiscal year 2012’’; \n(2) by striking ‘‘\n3⁄4of’’ each place it appears; \nand \n(3) in subsection (a) by striking ‘‘June 30, \n2012’’ and inserting ‘‘September 30, 2012’’. \n(b) U SE OF FUNDS.—Section 111(c) of the Sur-\nface Transportation Extension Act of 2011, Part II (125 Stat. 343; 126 Stat. 272) is amended— \n(1) in paragraph (3)— (A) in subparagraph (A) by striking ‘‘, except \nthat during such period’’ and all that follows before the period at the end; and \n(B) in subparagraph (B)(ii) by striking \n‘‘$479,250,000’’ and inserting ‘‘$639,000,000’’; and \n(2) by striking paragraph (4). (c) E\nXTENSION OF AUTHORIZATIONS UNDER \nTITLE V OFSAFETEA–LU.—Section 111(e)(2) of \nthe Surface Transportation Extension Act of 2011, Part II (125 Stat. 346; 126 Stat. 272) is amended by striking ‘‘the period beginning on October 1, 2011, and ending on June 30, 2012.’’ and inserting ‘‘fiscal year 2012.’’. \n(d) A\nDMINISTRATIVE EXPENSES .—Section \n112(a) of the Surface Transportation Extension Act of 2011, Part II (125 Stat. 346; 126 Stat. 272) is amended by striking ‘‘$294,641,438 for the pe-riod beginning on October 1, 2011, and ending on June 30, 2012.’’ and inserting ‘‘$392,855,250 for fiscal year 2012.’’. \nTITLE II—EXTENSION OF HIGHWAY \nSAFETY PROGRAMS \nSEC. 112001. EXTENSION OF NATIONAL HIGHWAY \nTRAFFIC SAFETY ADMINISTRATION HIGHWAY SAFETY PROGRAMS. \n(a) C HAPTER 4 HIGHWAY SAFETY PROGRAMS .— \nSection 2001(a)(1) of SAFETEA–LU (119 Stat. 1519) is amended by striking ‘‘$235,000,000 for each of fiscal years 2009 through 2011’’ and all that follows through the period at the end and inserting ‘‘and $235,000,000 for each of fiscal years 2009 through 2012.’’. \n(b) H\nIGHWAY SAFETY RESEARCH AND DEVELOP -\nMENT .—Section 2001(a)(2) of SAFETEA–LU (119 \nStat. 1519) is amended by striking ‘‘and $81,183,000 for the period beginning on October 1, 2011, and ending on June 30, 2012.’’ and in-serting ‘‘and $108,244,000 for fiscal year 2012.’’. \n(c) O\nCCUPANT PROTECTION INCENTIVE \nGRANTS .—Section 2001(a)(3) of SAFETEA–LU \n(119 Stat. 1519) is amended by striking ‘‘$25,000,000 for each of fiscal years 2006 through 2011’’ and all that follows through the period at the end and inserting ‘‘and $25,000,000 for each of fiscal years 2006 through 2012.’’. \n(d) S\nAFETY BELTPERFORMANCE GRANTS .—Sec-\ntion 2001(a)(4) of SAFETEA–LU (119 Stat. 1519) is amended by striking ‘‘and $36,375,000 for the period beginning on October 1, 2011, and ending on June 30, 2012.’’ and inserting ‘‘and $48,500,000 for fiscal year 2012.’’. \n(e) S\nTATE TRAFFIC SAFETY INFORMATION SYS-\nTEM IMPROVEMENTS .—Section 2001(a)(5) of \nSAFETEA–LU (119 Stat. 1519) is amended by striking ‘‘for each of fiscal years 2006 through 2011’’ and all that follows through the period at the end and inserting ‘‘for each of fiscal years 2006 through 2012.’’. \n(f) A\nLCOHOL -IMPAIRED DRIVING COUNTER -\nMEASURES INCENTIVE GRANT PROGRAM .—Section \n2001(a)(6) of SAFETEA–LU (119 Stat. 1519) is amended by striking ‘‘$139,000,000 for each of fiscal years fiscal years 2009 through 2011’’ and \nall that follows through the period at the end and inserting ‘‘and $139,000,000 for each of fis-cal years 2009 through 2012.’’. \n(g) N\nATIONAL DRIVER REGISTER .—Section \n2001(a)(7) of SAFETEA–LU (119 Stat. 1520) is amended by striking ‘‘and $3,087,000 for the pe-riod beginning on October 1, 2011, and ending on June 30, 2012.’’ and inserting ‘‘and $4,116,000 for fiscal year 2012.’’. \n(h) H\nIGH VISIBILITY ENFORCEMENT PRO-\nGRAM .—Section 2001(a)(8) of SAFETEA–LU (119 \nStat. 1520) is amended by striking ‘‘for each of fiscal years 2006 through 2011’’ and all that fol-lows through the period at the end and insert-ing ‘‘for each of fiscal years 2006 through 2012.’’. \n(i) M\nOTORCYCLIST SAFETY .—Section 2001(a)(9) \nof SAFETEA–LU (119 Stat. 1520) is amended by striking ‘‘$7,000,000 for each of fiscal years 2009 through 2011’’ and all that follows through the period at the end and inserting ‘‘and $7,000,000 for each of fiscal years 2009 through 2012.’’. \n(j) C\nHILD SAFETY AND CHILD BOOSTER SEAT \nSAFETY INCENTIVE GRANTS .—Section 2001(a)(10) \nof SAFETEA–LU (119 Stat. 1520) is amended by striking ‘‘$7,000,000 for each of fiscal years 2009 through 2011’’ and all that follows through the period at the end and inserting ‘‘and $7,000,000 for each of fiscal years 2009 through 2012.’’. \n(k) A\nDMINISTRATIVE EXPENSES .—Section \n2001(a)(11) of SAFETEA–LU (119 Stat. 1520) is amended by striking ‘‘$25,328,000 for fiscal year 2011’’ and all that follows through the period at the end and inserting ‘‘and $25,328,000 for each of fiscal years 2011 and 2012.’’. \nSEC. 112002. EXTENSION OF FEDERAL MOTOR \nCARRIER SAFETY ADMINISTRATION PROGRAMS. \n(a) F EDERAL MOTOR CARRIER SAFETY ADMIN-\nISTRATION GRANTS .—Section 31104(a)(8) of title \n49, United States Code, is amended to read as follows: \n‘‘(8) $212,000,000 for fiscal year 2012.’’. (b) A\nDMINISTRATIVE EXPENSES .— \n(1) I N GENERAL .—Section 31104(i)(1)(H) of title \n49, United States Code, is amended to read as follows: \n‘‘(H) $244,144,000 for fiscal year 2012.’’. (2) T\nECHNICAL CORRECTION .—Section \n31104(i)(1)(F) of title 49, United States Code, is amended to read as follows: \n‘‘(F) $239,828,000 for fiscal year 2010;’’. (c) G\nRANT PROGRAMS .—Section 4101(c) of \nSAFETEA–LU (119 Stat. 1715) is amended— \n(1) in paragraph (1) by striking ‘‘and \n$22,500,000 for the period beginning on October 1, 2011, and ending on June 30, 2012.’’ and in-serting ‘‘and $30,000,000 for fiscal year 2012.’’; \n(2) in paragraph (2) by striking ‘‘2011 and \n$24,000,000 for the period beginning on October 1, 2011, and ending on June 30, 2012.’’ and in-serting ‘‘2012.’’; \n(3) in paragraph (3) by striking ‘‘2011 and \n$3,750,000 for the period beginning on October 1, 2011, and ending on June 30, 2012.’’ and insert-ing ‘‘2012.’’; \n(4) in paragraph (4) by striking ‘‘2011 and \n$18,750,000 for the period beginning on October 1, 2011, and ending on June 30, 2012.’’ and in-serting ‘‘2012.’’; and \n(5) in paragraph (5) by striking ‘‘2011 and \n$2,250,000 for the period beginning on October 1, 2011, and ending on June 30, 2012.’’ and insert-ing ‘‘2012.’’. \n(d) N\nEW ENTRANT AUDITS .—Section \n31144(g)(5)(B) of title 49, United States Code, is amended by striking ‘‘and up to $21,750,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,’’. \n(e) O\nUTREACH AND EDUCATION .—Section \n4127(e) of SAFETEA–LU (119 Stat. 1741) is amended by striking ‘‘and 2011 (and $750,000 to the Federal Motor Carrier Safety Administra-tion, and $2,250,000 to the National Highway Traffic Safety Administration, for the period be-ginning on October 1, 2011, and ending on June 30, 2012)’’ and inserting ‘‘2011, and 2012’’. (f) W\nORKING GROUP FOR DEVELOPMENT OF \nPRACTICES AND PROCEDURES TO ENHANCE FED-\nERAL-STATE RELATIONS .—Section 4213(d) of \nSAFETEA–LU (49 U.S.C. 14710 note; 119 Stat. 1759) is amended by striking ‘‘June 30, 2012’’ and inserting ‘‘September 30, 2012’’. \nSEC. 112003. ADDITIONAL PROGRAMS. \nSection 7131(c) of SAFETEA–LU (119 Stat. \n1910) is amended by striking ‘‘and $870,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,’’ and inserting ‘‘and $1,160,000 for fiscal year 2012’’. \nTITLE III—PUBLIC TRANSPORTATION \nPROGRAMS \nSEC. 113001. ALLOCATION OF FUNDS FOR PLAN-\nNING PROGRAMS. \nSection 5305(g) of title 49, United States Code, \nis amended by striking ‘‘2011 and for the period beginning on October 1, 2011, and ending on June 30, 2012’’ and inserting ‘‘2012’’. \nSEC. 113002. SPECIAL RULE FOR URBANIZED \nAREA FORMULA GRANTS. \nSection 5307(b)(2) of title 49, United States \nCode, is amended— \n(1) by striking the paragraph heading and in-\nserting ‘‘ SPECIAL RULE FOR FISCAL YEARS 2005 \nTHROUGH 2012 .—’’ ; \n(2) in subparagraph (A) by striking ‘‘2011 and \nthe period beginning on October 1, 2011, and ending on June 30, 2012,’’ and inserting ‘‘2012,’’; and \n(3) in subparagraph (E)— (A) by striking the subparagraph heading and \ninserting ‘‘\nMAXIMUM AMOUNTS IN FISCAL YEARS \n2008 THROUGH 2012 .—’’; and \n(B) in the matter preceding clause (i) by strik-\ning ‘‘2011 and during the period beginning on October 1, 2011, and ending on June 30, 2012’’ and inserting ‘‘2012’’. \nSEC. 113003. ALLOCATING AMOUNTS FOR CAPITAL \nINVESTMENT GRANTS. \nSection 5309(m) of title 49, United States Code, \nis amended— \n(1) in paragraph (2)— (A) by striking the paragraph heading and in-\nserting ‘‘\nFISCAL YEARS 2006 THROUGH 2012 .—’’; \n(B) in the matter preceding subparagraph (A) \nby striking ‘‘2011 and the period beginning on October 1, 2011, and ending on June 30, 2012,’’ and inserting ‘‘2012’’; and \n(C) in subparagraph (A)(i) by striking ‘‘2011 \nand $150,000,000 for the period beginning on Oc-tober 1, 2011, and ending on June 30, 2012,’’ and inserting ‘‘2012’’; \n(2) in paragraph (6)— (A) in subparagraph (B) by striking ‘‘2011 and \n$11,250,000 shall be available for the period be-ginning on October 1, 2011, and ending on June 30, 2012,’’ and inserting ‘‘2012’’; and \n(B) in subparagraph (C) by striking ‘‘though \n2011 and $3,750,000 shall be available for the pe-riod beginning on October 1, 2011, and ending on June 30, 2012,’’ and inserting ‘‘through 2012’’; and \n(3) in paragraph (7)— (A) in subparagraph (A)— (i) in the matter preceding clause (i)— (I) in the first sentence by striking ‘‘2011 and \n$7,500,000 shall be available for the period begin-ning on October 1, 2011, and ending on June 30, 2012,’’ and inserting ‘‘2012’’; and \n(II) in the second sentence by inserting ‘‘each \nfiscal year’’ before the colon; \n(ii) in clause (i) by striking ‘‘for each fiscal \nyear and $1,875,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,’’; \n(iii) in clause (ii) by striking ‘‘for each fiscal \nyear and $1,875,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,’’; \n(iv) in clause (iii) by striking ‘‘for each fiscal \nyear and $750,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,’’; \n(v) in clause (iv) by striking ‘‘for each fiscal \nyear and $750,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,’’; \n(vi) in clause (v) by striking ‘‘for each fiscal \nyear and $750,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,’’; \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00421 Fmt 4634 Sfmt 6333 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4580 June 28, 2012 \n(vii) in clause (vi) by striking ‘‘for each fiscal \nyear and $750,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,’’; \n(viii) in clause (vii) by striking ‘‘for each fis-\ncal year and $487,500 for the period beginning on October 1, 2011, and ending on June 30, 2012,’’; and \n(ix) in clause (viii) by striking ‘‘for each fiscal \nyear and $262,500 for the period beginning on October 1, 2011, and ending on June 30, 2012,’’; \n(B) in subparagraph (B) by striking clause \n(vii) and inserting the following: \n‘‘(vii) $13,500,000 for fiscal year 2012.’’; (C) in subparagraph (C) by striking ‘‘and dur-\ning the period beginning on October 1, 2011, and ending on June 30, 2012,’’; \n(D) in subparagraph (D) by striking ‘‘and not \nless than $26,250,000 shall be available for the period beginning on October 1, 2011, and ending on June 30, 2012,’’; and \n(E) in subparagraph (E) by striking ‘‘and \n$2,250,000 shall be available for the period begin-ning on October 1, 2011, and ending on June 30, 2012,’’. \nSEC. 113004. APPORTIONMENT OF FORMULA \nGRANTS FOR OTHER THAN URBAN-IZED AREAS. \nSection 5311(c)(1)(G) of title 49, United States \nCode, is amended to read as follows: \n‘‘(G) $15,000,000 for fiscal year 2012.’’. \nSEC. 113005. APPORTIONMENT BASED ON FIXED \nGUIDEWAY FACTORS. \nSection 5337 of title 49, United States Code, is \namended by striking subsection (g). \nSEC. 113006. AUTHORIZATIONS FOR PUBLIC \nTRANSPORTATION. \n(a) F ORMULA AND BUSGRANTS .—Section \n5338(b) of title 49, United States Code, is amend-ed— \n(1) in paragraph (1) by striking subparagraph \n(G) and inserting the following: \n‘‘(G) $8,360,565,000 for fiscal year 2012.’’; and (2) in paragraph (2)— (A) in subparagraph (A) by striking \n‘‘$113,500,000 for each of fiscal years 2009 through 2011, and $85,125,000 for the period be-ginning on October 1, 2011, and ending on June 30, 2012,’’ and inserting ‘‘and $113,500,000 for each of fiscal years 2009 through 2012’’; \n(B) in subparagraph (B) by striking \n‘‘$4,160,365,000 for each of fiscal years 2009 through 2011, and $3,120,273,750 for the period beginning on October 1, 2011, and ending on June 30, 2012,’’ and inserting ‘‘and $4,160,365,000 for each of fiscal years 2009 through 2012’’; \n(C) in subparagraph (C) by striking \n‘‘$51,500,000 for each of fiscal years 2009 through 2011, and $38,625,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,’’ and inserting ‘‘and $51,500,000 for each of fiscal years 2009 through 2012’’; \n(D) in subparagraph (D) by striking \n‘‘$1,666,500,000 for each of fiscal years 2009 through 2011, and $1,249,875,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,’’ and inserting ‘‘and $1,666,500,000 for each of fiscal years 2009 through 2012’’; \n(E) in subparagraph (E) by striking \n‘‘$984,000,000 for each of fiscal years 2009 through 2011, and $738,000,000 for the period be-ginning on October 1, 2011, and ending on June 30, 2012,’’ and inserting ‘‘and $984,000,000 for each of fiscal years 2009 through 2012’’; \n(F) in subparagraph (F) by striking \n‘‘$133,500,000 for each of fiscal years 2009 through 2011, and $100,125,000 for the period be-ginning on October 1, 2011, and ending on June 30, 2012,’’ and inserting ‘‘and $133,500,000 for each of fiscal years 2009 through 2012’’; \n(G) in subparagraph (G) by striking \n‘‘$465,000,000 for each of fiscal years 2009 through 2011, and $348,750,000 for the period be-ginning on October 1, 2011, and ending on June 30, 2012,’’ and inserting ‘‘and $465,000,000 for each of fiscal years 2009 through 2012’’; \n(H) in subparagraph (H) by striking \n‘‘$164,500,000 for each of fiscal years 2009 through 2011, and $123,375,000 for the period be-\nginning on October 1, 2011, and ending on June 30, 2012,’’ and inserting ‘‘and $164,500,000 for each of fiscal years 2009 through 2012’’; \n(I) in subparagraph (I) by striking \n‘‘$92,500,000 for each of fiscal years 2009 through 2011, and $69,375,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,’’ and inserting ‘‘and $92,500,000 for each of fiscal years 2009 through 2012’’; \n(J) in subparagraph (J) by striking \n‘‘$26,900,000 for each of fiscal years 2009 through 2011, and $20,175,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,’’ and inserting ‘‘and $26,900,000 for each of fiscal years 2009 through 2012’’; \n(K) in subparagraph (K) by striking ‘‘for each \nof fiscal years 2006 through 2011 and $2,625,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,’’ and inserting ‘‘for each of fiscal years 2006 through 2012’’; \n(L) in subparagraph (L) by striking ‘‘for each \nof fiscal years 2006 through 2011 and $18,750,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,’’ and inserting ‘‘for each of fiscal years 2006 through 2012’’; \n(M) in subparagraph (M) by striking \n‘‘$465,000,000 for each of fiscal years 2009 through 2011, and $348,750,000 for the period be-ginning on October 1, 2011, and ending on June 30, 2012,’’ and inserting ‘‘and $465,000,000 for each of fiscal years 2009 through 2012’’; and \n(N) in subparagraph (N) by striking \n‘‘$8,800,000 for each of fiscal years 2009 through 2011, and $6,600,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,’’ and inserting ‘‘and $8,800,000 for each of fiscal years 2009 through 2012’’. \n(b) C\nAPITAL INVESTMENT GRANTS .—Section \n5338(c)(7) of title 49, United States Code, is amended to read as follows: \n‘‘(7) $1,955,000,000 for fiscal year 2012.’’. (c) R\nESEARCH AND UNIVERSITY RESEARCH CEN-\nTERS.—Section 5338(d) of title 49, United States \nCode, is amended— \n(1) in paragraph (1), in the matter preceding \nsubparagraph (A), by striking ‘‘through 2011, and $33,000,000 for the period beginning on Oc-tober 1, 2011, and ending on June 30, 2012,’’ and inserting ‘‘through 2011, and $44,000,000 for fis-cal year 2012,’’; and \n(2) by striking paragraph (3) and inserting the \nfollowing: \n‘‘(3) A\nDDITIONAL AUTHORIZATIONS .— \n‘‘(A) R ESEARCH .—Of amounts authorized to be \nappropriated under paragraph (1) for fiscal year 2012, the Secretary shall allocate for each of the activities and projects described in subpara-graphs (A) through (F) of paragraph (1) an amount equal to 63 percent of the amount allo-cated for fiscal year 2009 under each such sub-paragraph. \n‘‘(B) U\nNIVERSITY CENTERS PROGRAM .— \n‘‘(i) F ISCAL YEAR 2012 .—Of the amounts allo-\ncated under paragraph (1)(C) for the university centers program under section 5506 for fiscal year 2012, the Secretary shall allocate for each program described in clauses (i) through (iii) and (v) through (viii) of paragraph (2)(A) an amount equal to 63 percent of the amount allo-cated for fiscal year 2009 under each such clause. \n‘‘(ii) F\nUNDING .—If the Secretary determines \nthat a project or activity described in paragraph (2) received sufficient funds in fiscal year 2011, or a previous fiscal year, to carry out the pur-pose for which the project or activity was au-thorized, the Secretary may not allocate any amounts under clause (i) for the project or ac-tivity for fiscal year 2012 or any subsequent fis-cal year.’’. \n(d) A\nDMINISTRATION .—Section 5338(e)(7) of \ntitle 49, United States Code, is amended to read as follows: \n‘‘(7) $98,713,000 for fiscal year 2012.’’. \nSEC. 113007. AMENDMENTS TO SAFETEA–LU. \n(a) C ONTRACTED PARATRANSIT PILOT.—Section \n3009(i)(1) of SAFETEA–LU (119 Stat. 1572) is amended by striking ‘‘2011 and the period begin-\nning on October 1, 2011, and ending on June 30, 2012,’’ and inserting ‘‘2012,’’. \n(b) P\nUBLIC -PRIVATE PARTNERSHIP PILOT PRO-\nGRAM .—Section 3011 of SAFETEA–LU (49 U.S.C. \n5309 note; 119 Stat. 1588) is amended— \n(1) in subsection (c)(5) by striking ‘‘2011 and \nthe period beginning on October 1, 2011, and ending on June 30, 2012’’ and inserting ‘‘2012’’; and \n(2) in the second sentence of subsection (d) by \nstriking ‘‘2011 and the period beginning on Oc-tober 1, 2011, and ending on June 30, 2012,’’ and inserting ‘‘2012’’. \n(c) E\nLDERLY INDIVIDUALS AND INDIVIDUALS \nWITHDISABILITIES PILOT PROGRAM .—Section \n3012(b)(8) of SAFETEA–LU (49 U.S.C. 5310 note; 119 Stat. 1593) is amended by striking ‘‘June 30, 2012’’ and inserting ‘‘September 30, 2012’’. \n(d) O\nBLIGATION CEILING .—Section 3040(8) of \nSAFETEA–LU (119 Stat. 1639) is amended to read as follows: \n‘‘(8) $10,458,278,000 for fiscal year 2012, of \nwhich not more than $8,360,565,000 shall be from the Mass Transit Account.’’. \n(e) P\nROJECT AUTHORIZATIONS FOR NEWFIXED \nGUIDEWAY CAPITAL PROJECTS .—Section 3043 of \nSAFETEA–LU (119 Stat. 1640) is amended— \n(1) in subsection (b), in the matter preceding \nparagraph (1), by striking ‘‘2011 and the period beginning on October 1, 2011, and ending on June 30, 2012,’’ and inserting ‘‘2012’’; and \n(2) in subsection (c), in the matter preceding \nparagraph (1), by striking ‘‘2011 and the period beginning on October 1, 2011, and ending on June 30, 2012,’’ and inserting ‘‘2012’’. \n(f) A\nLLOCATIONS FOR NATIONAL RESEARCH AND \nTECHNOLOGY PROGRAMS .—Section 3046 of \nSAFETEA–LU (49 U.S.C. 5338 note; 119 Stat. 1706) is amended— \n(1) in subsection (b) by striking ‘‘fiscal year or \nperiod’’ and inserting ‘‘fiscal year’’; and \n(2) by striking subsection (c)(2) and inserting \nthe following: \n‘‘(2) for fiscal year 2012, in amounts equal to \n63 percent of the amounts allocated for fiscal year 2009 under each of paragraphs (2), (3), (5), and (8) through (25) of subsection (a).’’. \nTITLE IV—EFFECTIVE DATE \nSEC. 114001. EFFECTIVE DATE. \nThis division and the amendments made by \nthis division shall take effect on July 1, 2012. \nDIVISION H—BUDGETARY EFFECTS \nSEC. 120001. BUDGETARY EFFECTS. \n(a) PAYGO S CORECARD .—The budgetary ef-\nfects of this Act shall not be entered on either PAYGO scorecard maintained pursuant to sec-tion 4(d) of the Statutory Pay-As-You-Go Act of 2010. \n(b) S\nENATE PAYGO S CORECARD .—The budg-\netary effects of this Act shall not be recorded on any PAYGO scorecard maintained for purposes of section 201 of S. Con. Res. 21 (110th Con-gress). \nAmend the title so as to read: ‘‘An Act to \nauthorize funds for Federal-aid highways, highway safety programs, and transit pro-grams, and for other purposes.’’. \nAnd the Senate agree to the same. \nFrom the Committee on Transportation and Infrastructure, for consideration of the House bill (except section 141) and the Sen-ate amendment (except secs. 1801, 40102, 40201, 40202, 40204, 40205, 40305, 40307, 40309– 40312, 100112–100114, and 100116), and modifica-tions committed to conference: \nJ\nOHNL. M ICA, \nDONYOUNG , \nJOHNJ. D UNCAN , JR., \nBILLSHUSTER , \nSHELLEY MOORE CAPITO , \nERICA. ‘‘R ICK’’ CRAWFORD , \nJAIME HERRERA BEUTLER , \nLARRY BUCSHON , \nRICHARD L. H ANNA , \nSTEVE SOUTHERLAND , II, \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00422 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4581 June 28, 2012 \nJAMES LANKFORD , \nREIDJ. R IBBLE , \nFrom the Committee on Energy and Com-merce, for consideration of sec. 142 and titles II and V of the House bill, and secs. 1113, 1201, 1202, subtitles B, C, D, and E of title I of Di-vision C, secs, 32701–32705, 32710, 32713, 40101, and 40301 of the Senate amendment, and modifications committed to conference: \nF\nREDUPTON , \nEDWHITFIELD , \nHENRY A. W AXMAN , \nFrom the Committee on Natural Resources, for consideration of secs. 123, 142, 204, and ti-tles III and VI of the House bill, and sec. 1116, subtitles C, F, and G of title I of Division A, sec. 33009, titles VI and VII of Division C, sec. 40101, subtitles A and B of title I of Division F, and sec. 100301 of the Senate amendment, and modifications committed to converence: \nD\nOCHASTINGS , \nROBBISHOP , \nFrom the Committee on Science, Space, and Technology for consideration of secs. 121, 123, 136, and 137 of the House bill, and sec. 1534, subtitle F of title I of Division A, secs. 20013, 20014, 20029, 31101, 31103, 31111, 31204, 31504, 32705, 33009, 34008, and Division E of the Sen-ate amendment, and modifications com-mitted to conference: \nR\nALPH M. H ALL, \nCHIPCRAVAACK , \nFrom the Committee on Ways and Means, for consideration of secs. 141 and 142 of the House bill, and secs. 1801, 40101, 40102, 40201, 40202, 40204, 40205, 40301–40307, 40309–40314, 100112–100114, and 100116 of the Senate amend-ment, and modifications committed to con-ference: \nD\nAVECAMP, \nPATRICK J. T IBERI , \nManagers on the Part of the House. \nBARABARA BOXER , \nMAXBAUCUS , \nJOHND. R OCKEFELLER , IV, \nRICHARD J. D URBIN , (With \nthe exception of: Div. A, Title I, §1538 Asian Carp and Div. F, Title II, §100206—Residual Risk) \nT\nIMJOHNSON , \nCHARLES E. S CHUMER , \nBILLNELSON , \nROBERT MENENDEZ , \nJAMES M. I NHOFE , \nDAVID VITTER , \nRICHARD C. S HELBY , \nKAYBAILEY HUTCHISON , \nManagers on the Part of the Senate. \nJOINT EXPLANATORY STATEMENT OF \nTHE COMMITTEE OF THE CONFERENCE \nThe managers on the part of the Senate \nand the House at the conference on the dis-agreeing votes of the two Houses on the amendment of the Senate to the bill ( H.R. 4348), to provide an extension of Federal-aid highway, highway safety, motor carrier safe-ty, transit, and other programs funded out of the Highway Trust Fund pending enactment of a multiyear law reauthorizing such pro-grams, and for other purposes, submit the following joint statement to the House and the Senate in explanation of the effect of the action agreed upon by the managers and rec-ommended in the accompanying conference report: \nThe House recedes from its disagreement \nto the amendment of the Senate to the text of the bill and agrees to the same with an amendment. \nA summary of the bill agreed to in con-\nference is set forth below: \nMoving Ahead for Progress in the 21st Cen-\ntury (MAP–21) replaces the previous author-ization, the Safe, Accountable, Flexible, Effi-\ncient Transportation Equity Act: A Legacy for Users (SAFETEA–LU), that expired on September 30, 2009 and which has been con-\ntinued with a series of short-term exten-sions. MAP–21 will modernize and reform our current transportation system to help create jobs, accelerate economic recovery, and build the foundation for long-term pros-perity. This conference report makes a num-ber of necessary changes in the Federal-aid highway program structure to increase State flexibility and better serve the American people. \nDIVISION A—FEDERAL-AID HIGHWAYS \nAND HIGHWAY SAFETY CONSTRUCTION PROGRAMS \nHighway funding levels \nThe conference report provides funding for \nthe federal-aid highway program through fis-cal 2014 at current funding levels with a small inflationary adjustment. \nProgram consolidation \nThe Senate and the House both sought to \nconsolidate the number of programs in the federal-aid highway program to focus prior-ities and resources on key national goals. The conference report consolidates the num-ber of highway programs by two-thirds. The elimination of dozens of programs makes more resources available to States and met-ropolitan areas to invest in their most crit-ical needs to improve the condition and per-formance of their transportation system. \nProject delivery \nThe conference report combined provisions \nfrom the House and Senate bills focusing on \nthe shared priority of accelerating project delivery. It maintains the vast majority of project acceleration provisions from S. 1813 and provisions from the House bill in addi-tion to new provisions that will maintain substantive environment and public health protections while streamlining the creation and use of documents and environmental re-views, enhancing efficiency and account-ability in the project delivery process. \nThe conference report adopts and modifies \nprovisions from the House bill directing the Secretary to designate, through rulemaking, certain activities as categorical exclusions under the National Environmental Policy Act. The Secretary is directed to designate the repair or reconstruction of a road, high-way, or bridge damaged by a declared emer-gency or disaster as a categorical exclusion, if the repair or reconstruction project is in the same location and with the same speci-fications as the original project and is com-menced within two years of the declaration of emergency or disaster. The Secretary is also directed to designate any project within the existing operational right-of-way as a categorical exclusion and defines the term ‘‘operational right-of-way’’. Additionally, the Secretary is directed to designate projects receiving limited Federal assistance as a categorical exclusion. The categorical exclusion applies to any project that re-ceives less than $5,000,000 in Federal funds and any project with a total estimated cost of not more than $30,000,000 receiving Federal funds comprising less than 15 percent of the total estimated project costs. \nPerformance measures \nThe nation’s surface transportation pro-\ngrams have not provided sufficient account-ability for how tax dollars are being spent on transportation projects and would benefit from a greater focus on key national prior-ities. The conference report focuses the high-way program on key outcomes, such as re-ducing fatalities, improving road and bridge conditions, reducing congestion, increasing system reliability, and improving freight movement and economic vitality. \nFocus on the National Highway System \nThe conference report combines the old \ninterstate maintenance program into a new program called the National Highway Per-\nformance Program to address both the inter-state system as well as an extended National Highway System. It is these roads that are most critical to our economic vitality, and the conference report ensures the roads and bridges that make up this system will be bet-ter maintained. \nFreight policy \nA top priority of the nation’s transpor-\ntation system should be the safe and effi-cient movement of goods. The nation’s eco-nomic health is reliant upon a transpor-tation system that provides for reliable and timely goods movement. \nThis conference report establishes policies \nto improve freight movement. It calls for the development of a National Freight Strategic Plan, encourages state freight plans and ad-visory committees, and provides incentives for states that fund projects to improve freight movement. \nAmerica fast forward \nGiven our massive investment needs and \nthe limited funding available, we need to find ways to better leverage Federal dollars by encouraging additional non-Federal in-vestment and helping to accelerate the bene-fits of State and locally funded transpor-tation projects. \nThis conference report builds upon the suc-\ncess of the TIFIA program to help commu-nities leverage their transportation re-sources and stretch Federal dollars further than they have been stretched before. The conference report modifies the TIFIA pro-gram by increasing funding for the program to $1 billion per year, by increasing the max-imum share of project costs from 33 percent to 49 percent, by allowing TIFIA to be used to support a related set of projects, and by setting aside funding for projects in rural areas at more favorable terms. \nGulf Coast restoration \nThe conference report modifies a Senate \nprovision related to Gulf Coast restoration known as the Resources and Ecosystems Sustainability, Tourism Opportunities and Revived Economies of the Gulf Coast States Act of 2012 (RESTORE Act). The provision establishes the Gulf Coast Restoration Trust Fund and places in the Trust Fund 80% of all civil penalties paid by responsible parties in connection with the Deepwater Horizon oil spill. Funding may be used to invest in projects and activities to restore the long- term health of the coastal ecosystem and local economies in the Gulf Coast Region, which includes the states of Mississippi, Lou-isiana, Alabama, Florida, and Texas. A por-tion of the funds will be allocated directly and equally to the five Gulf Coast states for ecological and economic recovery along the coast. A portion will be provided to the Gulf Coast Ecosystem Restoration Council estab-lished by the bill to develop and fund a com-prehensive plan for the restoration of Gulf Coast ecosystems. A portion will be allo-cated among the states using an impact- based formula to implement state plans that have been approved by the Council. Finally, a portion of the fines will be allocated to a Gulf Coast ecosystem restoration, science, observation, monitoring and technology pro-gram and for grants to nongovernmental en-tities for the establishment of Gulf Coast centers of excellence. \nHarbor maintenance \nThe Conference report modifies a Senate \nprovision highlighting the significance of the nation’s ports for efficient movement of goods and products and the need for in-creased investment in the maintenance of these ports to promote the economic competiveness of the United States. The pro-vision states the Sense of Congress that the \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00423 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4582 June 28, 2012 \nAdministration should request and the Con-\ngress should fully expend each year all of the revenues collected in the Harbor Mainte-nance Trust Fund (HMTF) for the operation and maintenance of the nation’s federally maintained ports. The provision also ex-presses the importance of protecting other critical Army Corps programs, including in-land navigation, flood and coastal storm pro-tection, and ecosystem restoration, from funding reductions. \nFinally, the provision directs the Adminis-\ntration to provide an annual estimate of na-tional harbor maintenance needs, including an estimate of the percentage of waterways that will be available for use based on the annual budget request as well as how much funding would be needed to achieve 95 per-cent availability of the nation’s ports and waterways within 3 years \nDIVISION B—FEDERAL PUBLIC \nTRANSPORTATION ACT OF 2012 \nThe Federal Public Transportation Act of \n2012 contains historic improvements in safe-ty oversight, streamlined review of new cap-ital projects, program consolidation, and a shift from earmarks and discretionary pro-grams to robust formula programs that pub-lic transportation systems can rely on to up-grade and improve aging infrastructure and vehicles. The Act provides increased funding levels for fiscal years 2013 and 2014 based on expected inflation, giving public transpor-tation providers the stable funding needed to make essential investments. \nSecs. 20005 and 20006, 49 U.S.C. 5303/5304, metro-\npolitan and statewide transportation plan-ning \nThe Conference report improves metropoli-\ntan and statewide planning processes to in-corporate a more comprehensive perform-ance-based approach. The conference com-mittee requires the structure of all Metro-politan Planning Organizations include offi-cials of public agencies that administer or operate public transportation systems with-in two years of enactment. \nThe conference report creates a pilot pro-\ngram for transit-oriented development plan-ning to advance planning efforts that sup-port transit-oriented development around fixed guideway capital investment projects. Grants for planning will help communities develop strategies to facilitate transit-ori-ented development. \nSecs. 20007 and 20026, 49 U.S.C. 5307 and 5336, \nurbanized area formula grants \nMaintains the basic structure for urban-\nized area grants under Section 5307. The pro-gram continues to be the largest program for federal investment in public transportation. The ‘‘Job Access and Reverse Commute’’ pro-gram (JARC) has been moved to Section 5307 and the conferees have removed the Senate bill set-aside for JARC activities. \nMaintains the existing criteria for use of \n5307 funds for capital projects (operating ex-penses continue to be ineligible) in urban areas with a population greater than 200,000. In addition, the bill maintains language al-lowing small urbanized areas with popu-lations under 200,000 to use up to 100 percent of their 5307 funding for operating expenses. A modified ‘‘100 bus rule’’ has been included, allowing systems with 76–100 buses operating in peak service to use up to 50% of their 5307 funding for operating expenses and those op-erating 75 or fewer buses to use up to 75% for operating expenses. \nThe Senate receded to the House request to \nremove a provision in the Senate bill estab-lishing a program to allow public transpor-tation providers temporary flexibility during periods of high unemployment to use a lim-ited portion of their 5307 funds for up to two years for operating expenses. Sec. 20008, 49 U.S.C. 5309, Fixed Guideway Cap-\nital Investment Grants (new starts) \nReforms and streamlines the ‘‘Fixed Guide-\nway Capital Investment Grant’’ program (previously the ‘‘Major Capital Investment Grant’’ or ‘‘New Starts’’ program). Based on extensive feedback from project sponsors and other stakeholders, the bill streamlines the New Starts process to accelerate project de-livery by eliminating duplicative steps in project development and instituting a modi-fied program structure that will allow the Federal Transit Administration to review proposals quickly, without sacrificing effec-tive project oversight. \nProjects under $100 million can utilize an \nexpedited review process if they meet stand-ards of similar highly qualified projects. The bill also creates a category of demonstration projects for sponsors that propose a signifi-cant amount of local and/or private funding and reduce the federal commitment required for the projects. \nEstablishes a new category for capital in-\nvestment projects by authorizing core capac-ity projects, which will undergo the same process as other ‘‘new starts’’ projects but provide an opportunity for existing systems to make necessary but significant invest-ments that were not previously eligible for funding. The conference report requires that eligible activities under a core capacity project achieve at least a 10% increase in ca-pacity along a corridor. \nThe Senate agreed to a House request to \nmodify the definition of Bus Rapid Transit projects in the Senate bill to allow broader use of the program. The conference report also includes incentives for the development of bus rapid transit projects that incorporate elements of fixed-guideway transit like light \nrail. \nSec. 20009, 49 U.S.C. 5310, formula grants for the \nenhanced mobility of seniors and individ-uals with disabilities \nConsolidates the existing ‘‘Elderly and Dis-\nabled’’ (Sec. 5310) and ‘‘New Freedom’’ (Sec. 5317) programs into a single program that in-creases the level of resources available be-yond the level of funding available under ex-isting programs. The consolidated program will continue to ensure support for non-prof-it providers of transportation, and it will continue to make available funds for public transportation services that exceed the re-quirements of the Americans with Disabil-ities Act, as previously provided under the ‘‘New Freedom’’ program. \nSec. 20010, 49 U.S.C. 5311, formula grants for \nrural areas \nMaintains the existing structure providing \nfunding to states for public transportation in rural areas. The 5311 formula is expanded to include the rural component of the ‘‘Job Ac-cess and Reverse Commute’’ program, and the level of public transportation service that is provided within a state’s rural areas is considered in the distribution of new funds. \nFunding for the ‘‘Public Transportation on \nIndian Reservations’’ program is increased to $30 million. The Secretary will distribute $5 million competitively each fiscal year, and $25 million will be available to Indian Tribes as formula grants to continue and ex-pand public transportation services. \nThe conference report also establishes a \nnew ‘‘Appalachian Development Public Transportation Program’’ to distribute $20 million to states within the Appalachian re-gion with a goal of providing greater public transportation opportunities to residents in these challenged areas. \nSec. 20011, 49 U.S.C. 5312, research, develop-\nment, demonstration, and deployment projects \nModifies the existing research program by \neliminating earmarks and reforming the pro-gram to provide research focused on public \ntransportation with a goal of providing meaningful results. \nCreates a clearly delineated pipeline with \ncriteria for continued progress with a goal of taking an idea from the research phase through to demonstration and deployment in the field. For the first time, the program specifically provides funding for demonstra-tion and deployment of products and services that may benefit public transportation; a major impediment to putting new tech-nology to use in the field often cited by pub-lic transportation providers. \nCreates a section of the deployment pro-\ngram dedicated to low or no emission public transportation vehicles. Grants will be avail-able for the acquisition of low or no emission vehicles and related equipment, the con-struction of facilities for low or no emission vehicles, and the rehabilitation of existing facilities to accommodate the use of low or no emission vehicles. \nSec. 20012, 49 U.S.C. 5314, technical assistance \nand standards development \nProvides grants for activities that help \npublic transportation systems more effec-tively and efficiently provide public trans-portation service and helps grant recipients administer funds received under this chap-ter. Authorizes the Federal Transit Adminis-tration to continue making grants for the development of voluntary standards by the public transportation industry related to procurement, safety and other subjects and authorizes the Secretary to fund technical assistance centers to assist grant recipients following a competitive process. \nSec. 20014, 49 U.S.C. 5318, bus testing facilities \nInstructs the Secretary to certify one fa-\ncility for testing new bus models. Requires the Secretary to work with the bus industry to develop a mutually agreed upon pass/fail test for vehicles to ensure the safety and re-liability of buses purchased with federal funds. \nSec. 20015, 49 U.S.C. 5322, public transportation \nworkforce development and human resource programs \nAuthorizes the Secretary to make grants, \nor enter into contracts for, activities that address human resource and workforce needs as they apply to public transportation ac-tivities. Creates the Innovative Public Transportation Workforce Development Pro-gram, a competitive grant program to pro-mote and assist the development of innova-tive workforce development and human re-source activities within the public transpor-tation industry. \nSec. 20017, 49 U.S.C. 5324, public transportation \nemergency relief program \nEstablishes a program to assist States and \npublic transportation systems pay for pro-tecting, repairing, or replacing equipment and facilities that are in danger of suffering serious damage or have suffered serious dam-age as a result of an emergency. \nSec. 20019, 49 U.S.C. 5326, transit asset manage-\nment \nEstablishes a system to monitor and man-\nage public transportation assets to improve safety and increase reliability and perform-ance. Recipients are required to establish and use an asset management system to de-velop capital asset inventories and condition assessments, and report on the condition of their system as a whole, including a descrip-tion of the change in overall condition since the last report. The Secretary of Transpor-tation is also required to define the term ‘state of good repair,’ including objective standards for measuring the condition of capital assets. \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00424 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4583 June 28, 2012 \nSec. 20021, 49 U.S.C. 5329, public transportation \nsafety program \nEstablishes a National Public Transpor-\ntation Safety Plan to improve the safety of all public transportation systems that re-ceive Federal funding. The Secretary will de-velop minimum performance standards for vehicles used in public transportation and establish a training program for Federal and State employees who conduct safety audits and examinations of public transportation systems. \nRequires public transportation agencies to \nestablish comprehensive safety plans, thus encouraging a ‘‘culture of safety’’ in which each employee completes a safety training program that includes continuing safety edu-cation and training. The Senate receded to a House request to give smaller systems the option to rely on states to prepare these plans. \nImproves the effectiveness of State Safety \nOversight Agencies and increases federal funding for safety. States will submit pro-posals for state safety oversight programs for rail fixed guideway public transportation systems to the Secretary, and upon approval, receive funding at an 80 percent Federal share. The Act builds on the existence of State safety oversight agencies and requires them to be legally and financially inde-pendent from the rail fixed guideway sys-tems they oversee, and have the authority, staff training and expertise to enforce Fed-eral and state safety laws. \nAt the request of the House the conference \nchanges the nature of the enforcement pow-ers contained in the Senate bill. Instead of direct oversight of public transportation agencies, the program relies on State Safety Oversight Agencies to provide direct over-sight of rail fixed guideway public transpor-tation providers. \nSec. 20027, 49 U.S.C. 5337, state of good repair \ngrant program \nModernizes, renames, and provides historic \nlevels of funding for the old ‘‘Rail Mod-ernization’’ program by establishing a pro-gram structure and defining eligible ex-penses under the program with a goal of moving all systems towards a state of good repair and enabling systems to maintain a state of good repair. \nThe program has two major components: a \nrail fixed guideway state of good repair for-mula program and a high intensity bus state of good repair formula program. Funding tiers and earmarks in the old rail moderniza-tion program have been eliminated and re-placed with a new structure that focuses on the age of the system, revenue vehicle miles and directional route miles. \nDIVISION C—TRANSPORTATION SAFETY \nAND SURFACE TRANSPORTATION POL-ICY \nT\nITLE I—M OTOR VEHICLE AND HIGHWAY \nSAFETY IMPROVEMENT ACT \nHighway Safety Grant Programs. The con-\nference report includes provisions that re-structure the existing highway safety grant programs administered by the National Highway Traffic Safety Administration (NHTSA). The conference report largely re-flects the Senate approach on modifications to the existing formula grant programs, in-cluding the establishment of a single grant application and reporting process for all grants received under this title, the adoption of performance measures, and the establish-ment of planning and reporting requirements for the states. In addition, the conference re-port inserts a prohibition on state use of these formula grant funds to pay for red light or speed cameras. The report moves a provision establishing a cooperative research and evaluation program into a different sec-tion, but continues to fund it from the funds \nprovided for the formula grant program. \nThe conference report accepts the Senate \napproach on incentive grants, but consoli-dates all of those grants into a single section in Code. The new Section 405 of Title 23, ‘‘Na-tional Priority Safety Programs,’’ allocates funds across six incentive grant programs and allows such funds to be used for a re-search program on technology to prevent im-paired driving. The conference report retains the Senate language with respect to state traffic safety information system improve-ment grants, the motorcycle safety grant \nprogram, and the high visibility enforcement program. \nThe conference report retains the Senate \nlanguage with respect to an occupant protec-tion incentive grant with two modifications. First, the report provides the highest per-forming states with additional flexibility in spending grant funds. Second, the report does not specifically state that education to the public concerning the dangers of children left unattended in vehicles is an allowable use of these funds, however the conferees agree that such education efforts could be carried out under other allowable uses, in-cluding education to the public concerning the proper use of child restraints. \nThe conference report reflects the Senate \napproach with regard to the impaired driving countermeasures and teen driver safety grants with one modification made to each that allows states additional flexibility in spending a percentage of funds received through these programs. The report also ac-cepts the Senate approach on distracted driving incentive grants, with one change to the eligibility requirements for the grants. \nHighway Safety Research. The conference \nreport accepts the Senate approach to modi-fying the highway safety research authori-ties provided to NHTSA. The report strikes provisions in the Senate bill that authorized additional collaborative research and devel-opment with non-federal entities, allowed the Secretary to establish an international highway safety information and cooperation program, funded training for highway safety personnel, and created a clearinghouse for information about best practices for driver’s licensing concerning drivers with medical issues. The report removes language in the Senate bill that allowed NHTSA to develop model specifications for devices. The con-ferees understand the removal of this lan-guage does not alter the current authority of NHTSA in this area. \nThe conference report modifies Senate lan-\nguage providing NHTSA with the authority to conduct research into advanced tech-nology to prevent impaired driving, and al-lows the Secretary to use funds from the Na-tional Priority Safety Programs to fund this research. \nEnhanced Safety Authorities. The con-\nference report includes several provisions in-tended to enhance NHTSA’s safety authori-ties. The conference report revises the Sen-ate language on civil penalties and sets the maximum penalty at $35 million for a re-lated series of violations. The increase will take effect one year after enactment or when NHTSA issues a rule interpreting the new civil penalty factors, whichever is earlier, and the conferees agree that the new penalty amount will only be subject to adjustment for inflation occurring thereafter. The con-ference report maintains the Senate ap-proach on motor vehicle safety research and development with modification, including to NHTSA’s authority to plan, design, or build facilities. The conference report largely maintains the Senate approach providing NHTSA additional authority over imported motor vehicles and motor vehicle equipment, though it strikes a provision related to fi-nancial responsibility requirements for im-\nporters and modifies a provision relating to conditions of importation. \nTransparency and Accountability. The \nconference report contains several provisions designed to increase transparency and ac-countability at NHTSA and in the auto in-dustry. The conference report adopts a modi-fied Senate approach on establishing public accessibility to vehicle recall information and further modifies Senate provisions ad-dressing the set of communications with dealers that must be made available to the public. The report strikes the provision re-garding public availability of early warning reporting data. The report strikes a provi-sion imposing new post-employment restric-tions for vehicle safety officials at NHTSA, but retains language calling on the inspector general to report on the issue. The report slightly modifies the whistleblower protec-tion provision and calls on the Government Accountability Office to examine this and other such provisions. The report slightly modifies the provision directing NHTSA to study crash data collection. And the report makes slight modifications to NHTSA’s au-thority to require additional recall notifica-tions. \nVehicle Electronics and Safety Standards. \nThe conference report maintains a Senate provision that establishes a Council for Vehi-cle Electronics, Vehicle Software, and Emerging Technologies to build, implement, and aggregate NHTSA’s expertise in pas-senger motor vehicle electronics and other new and emerging technologies. The con-ference report includes a provision calling on NHTSA to evaluate vehicle electronic sys-tems and report to Congress on highest pri-ority areas for safety. The conference report strikes all other safety mandates contained in Subtitle D of the Senate bill. \nChild Safety Standards. The conference re-\nport maintains the Senate approach with re-gard to child safety. The report strikes man-dates for new safety standards for booster seats and child restraint anchorage systems because conferees understand that NHTSA has completed a rulemaking that achieves these goals. The report modifies the mandate that NHTSA update its frontal impact test parameters for child safety seats to clarify that the mandate only applies to the seat as-sembly specifications. The report revises the provision relating to unattended passengers to a discretionary research effort without any mandate for NHTSA to begin a rule-making process. \nImproved Daytime and Nighttime Visi-\nbility of Agricultural Equipment. The Con-ference report accepts the Senate language. \nT\nITLE II—C OMMERCIAL MOTOR VEHICLE \nSAFETY ENHANCEMENT ACT OF 2012 \nCommercial Motor Vehicle Registration \nrequirements. The conference report in-cludes several provisions amending registra-tion requirements under federal law for com-mercial motor vehicles (CMV), freight for-warders, and brokers. The conference report largely adopts the Senate registration provi-sions. The provisions include new require-ments, such as completing a written exam-ination and applying for a US DOT number, as a precondition for being registered. The included provisions amend safety fitness re-quirements and require license holders to provide registration updates. The conference report also includes Senate provisions for registering household goods motor carriers, but removes provisions directing the Sec-retary to establish education and assistance programs to address the problems of house-hold property being held hostage. \nThe conference report makes changes to \nsome Senate registration provisions. It re-tains the current presumption in favor of \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00425 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4584 June 28, 2012 \nregistration, removes a management plan re-\nquirement, and changes written examination provisions. For providers of motorcoach services, the conference report also replaces a pre-authorization audit requirement with a requirement that new operators undergo a safety review within 120 days of beginning operations. The conference report also re-moves requirements to periodically update registration information when no changes have been made. \nThe conference report includes a number of \nSenate provisions to address motor carrier companies that mask prior noncompliance and adverse safety history. The provisions authorize the Secretary to withhold, sus-pend, amend, or revoke a motor carrier’s reg-istration if the carrier failed to disclose an adverse safety history or other facts relevant to its past regulatory compliance. The provi-sions authorize similar action where the Sec-retary finds that within the previous 3 years the carrier: (1) was closely related to another motor carrier with a poor compliance his-tory; and (2) did not disclose this relation-ship in its application. The Secretary is granted authority to refuse or revoke a USDOT number to an applicant that is unfit, unwilling or unable to comply with the safe-ty regulations. The conference report amends some of the Senate provisions to limit the unintended results of punishing in-dividuals who were not guilty parties in pre-vious companies. \nThe conference report adopts several Sen-\nate penalty provisions for operations in vio-lation of registration requirements. The con-ference report includes civil penalties and revocation authority for operating without \nregistration, operating as imminent hazard, and transporting hazardous wastes without necessary registration. Provisions increase the civil penalties for motor carriers, motor carriers of migrant workers and private motor carriers that disobey a subpoena or a requirement of the Secretary to produce wit-nesses or records. Other provisions included authorize the Secretary to suspend, amend or revoke the registration of a motor carrier, broker or freight forwarder for failing to obey an administrative subpoena. Another provision authorizes the Secretary to place out of service the operations of a motor car-rier discovered to be operating vehicles with-out the required registration, or operating beyond the scope of the registration granted. The conference report amends the Senate provision for hazardous waste transportation penalties and sets the penalty range at not less than $20,000 but not to exceed $40,000. \nElectronic logging devices. The conference \nreport includes provisions directing the Sec-retary to issue regulations requiring elec-tronic logging devices for recording hours of service in commercial motor vehicles and sets basic performance standards for the de-vice. The conference report adopted the Sen-ate approach with some amendments. The conference report adds an hours of service field study to expand on a previous Federal Motor Carrier Safety Administration (FMCSA) report on driver fatigue and max-imum driving time requirements focusing on the 34-hour restart rule. The conference re-port directs the Secretary, in prescribing regulations, to consider how the rule may re-duce or eliminate requirements for drivers and motor carriers to retain supporting doc-umentation associated with paper-based records. The conference report changes the name of the device and adds other language to make clear that the devices are to be used only to enforce federal regulations. The re-port also includes a definition of ‘‘tamper re-sistant’’ and provisions to ensure that appro-priate measures are taken to protect the pri-vacy of individuals and the confidentiality of the data. Commercial motor vehicle driver safety. \nThe conference report includes several Sen-ate provisions to address commercial driver safety: driver medical qualifications, oper-ator training, driver’s license program, driv-er’s requirements and driver information systems. The conference report removes a Senate provision that would have directed the development of driver safety fitness rat-ings. The report also removes a study and re-port to Congress examining the extent to which detention time contributes to drivers violating hours of service requirements and driver fatigue. The conference report re-moves a Senate provision that would have amended the membership of the Motor Car-rier Safety Advisory Committee to specifi-cally include non-profit employee organiza-\ntion representation. \nThe provisions included direct the Sec-\nretary to establish a national registry of medical examiners, issue regulations to es-tablish minimum entry-level training re-quirements for all CMV operators, require States to modernize commercial driver’s li-cense (CDL) information systems, and add disqualification standards for drivers. The conference report includes Senate provisions for the commercial driver’s license program, but removes language for federal guidance on critical requirements for effective State CDL programs. The conference report in-cludes alternate language directing states to prioritize areas that the Secretary has iden-tified as critical in the most recent audit of their programs. \nThe conference report also includes lan-\nguage for streamlining the process by which military members and veterans who operate heavy trucks during duty are able to obtain commercial driver’s licenses. The conference provision includes Senate language directing the Secretary to complete a study and report to Congress on what can be done to stream-line the process. The report adds new lan-guage requiring the Secretary, based on rec-ommendations of the report, to establish ac-celerated licensing procedures within 1 year of enactment. \nDrug and Alcohol Clearinghouse. The con-\nference report includes Senate provisions di-recting the Secretary to establish a national repository for records relating to alcohol and controlled substances testing of CMV driv-ers. The records will be used to determine the qualifications for operating a CMV. The clearinghouse will include safeguards to pro-tect the privacy of individuals to whom the information pertains and ensure that the in-formation is not divulged to anyone not di-rectly involved in evaluating the individual’s qualifications to drive a CMV. The con-ference report also includes Senate provi-sions for prohibiting an employer from hir-ing a driver unless he or she has determined that during the preceding three years that such driver: did not test positive in violation of the regulations at title 49, Code of Federal Regulations; and did not refuse a test under these regulations. Other included provisions grant preemption authority to the Secretary in regard to the reporting of valid positive results or refusals to take alcohol screening and drug tests, and apply civil penalties to any violators of privacy and reporting re-quirements. \nThe conference report amends Senate pro-\nvisions for archiving personal records to en-sure further individual privacy protections. The conference report also includes amend-ments to the National Transportation Safety Board’s access to clearinghouse records. The conference report makes amendments to clarify that the clearinghouse will be used to determine whether individuals have existing employment prohibitions at the time of making hiring decisions. \nMotor Carrier Grant programs. The con-\nference report does not include Senate provi-sions updating and consolidating grant pro-\ngrams and processes. While the conference believes that reducing administrative bur-dens on the states and local governments by streamlining grants processes is beneficial, the short time frame of the legislation does not allow for these changes. In that regard, the conference agrees to retain existing grant programs and authorizes them for FY 2013 and FY 2014 at current funding levels. The conference report adds language allow-ing the Secretary to examine methods and approaches for streamlining grants adminis-tration and processes to reduce burdens for the states and local governments. The con-ference report makes some administrative amendments to the existing commercial driver license program improvement grant \nthat was included in the Senate bill. The conference also retains the Senate provision requiring a report to Congress on resuming the commercial vehicle information systems and networks program. \nMotorcoach Safety. The conference report \nincludes provisions addressing the safety of motorcoach operations. The conference adopts the Senate approach, but modifies \nsome rulemaking and research requirements and removes registration provisions. The conference report consolidates several re-search and rulemakings related to fire pre-vention and mitigation. The report amends language on assessing the feasibility of ret-rofitting existing motorcoaches with safety requirements. The report makes conforming definition changes regarding the registration of motorcoaches. The registration provisions were not included in the conference report because they are largely redundant to the provisions in the report updating registra-tion requirements for all motor carriers. \nThe conference report also includes a Sen-\nate provision for oversight of motorcoaches. The provision directs the Secretary to estab-lish a safety fitness system to rate motor coaches, determine and assign a fitness rat-ing for each motor coach, periodically review the safety ratings and make public the fit-ness ratings of each motorcoach. \nThe conference report includes a new pro-\nvision that directs the Secretary, to the ex-tent feasible, to ensure that motorcoach re-search programs and rulemaking are carried out concurrently. The report also includes a provision requiring the Secretary to review and report to Congress on the current knowl-edge and skill testing requirements for a commercial driver’s license passenger en-dorsement. The conference agreement re-moves a Senate rulemaking requirement on distracted driving because FMCSA has al-ready addressed this issue. \nTruck, Size and Weight. The conference re-\nport includes provisions directing the Sec-retary to study the effects of truck, size and weight on highway safety and infrastructure and compile a list of existing state truck size and weight laws. The conference report amends the Senate study provisions. The conference report includes language direct-ing the Secretary to consider the effects of trucks operating in excess of federal law and regulations in comparison to those trucks that do not operate in excess of federal law and regulations, when assessing accident fre-quency and impacts to highway and bridge infrastructure. The conference report adopts the Senate requirement that the report must be submitted to Congress not later than 2 years after enactment. \nFinancial responsibility requirements. The \nconference report includes provisions ad-dressing the financial responsibility of freight-forwarders and brokers. These provi-sions direct rulemakings to establish min-imum financial solvency and bonding re-quirements for these entities. The con-ference agreement includes exemptions for \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00426 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4585 June 28, 2012 \nair carrier and customs brokers who are al-\nready subject to financial responsibility re-quirements under federal law. \nEnforcement. The Senate bill included sev-\neral provisions amending and updating FMCSA’s enforcement authorities. The con-ference report includes nine of the Senate provisions. Five of the Senate enforcement provisions were not included in the con-ference report: minimum prohibition on op-eration of unfit carriers, minimum out of service penalties, failure to pay civil penalty as a disqualifying offense, intrastate oper-ations of interstate motor carriers and en-forcement of safety laws and regulations. \nExemptions. The conference report amends \nan exemption for the transportation of agri-cultural commodities by increasing the per-mitted travel radius from 100 air-miles to 150 air-miles. The conference report includes Senate language for a narrow exemption from federal requirements for covered farm vehicles. This conference report adopts the Senate language directing the Secretary to study and report to Congress on the safety impacts of the covered farm vehicle exemp-tion. \nT\nITLE III—S URFACE TRANSPORTATION AND \nFREIGHT POLICY ACT OF 2012 \nThe Senate legislation included provisions \nestablishing a comprehensive national sur-face transportation system and freight transportation policy. The policy would have provided certainty to states and localities by requiring the development of long term, strategic plans and directing transportation investment data collection and evaluation efforts. This Senate title had included provi-sions for safety standards to ensure that the design of federal transportation projects pro-vides for adequate consideration of non-mo-torized users. The conference report does not include this title. \nT\nITLE IV—H AZARDOUS MATERIALS TRANSPOR -\nTATION SAFETY IMPROVEMENT ACT OF 2012 \nTraining Programs. There is currently no \nuniform training standard for hazardous ma-terials (‘‘hazmat’’) inspectors and investiga-tors. The conference bill requires the Sec-retary to establish standards for training these inspectors and investigators. The con-ference report modifies the Senate bill to re-quire that the standards be developed not later than 18 months after enactment, and to clarify that the standards are established as guidelines. \nThe conference report includes Senate pro-\nvisions that amend training requirements for emergency responders of hazardous mate-rials. These provisions direct that organiza-tions receiving grant funding to train emer-gency responders have the ability to protect against accidents or incidents involving the transportation of hazardous material in ac-cordance with existing regulations and standards. \nThe conference report adds language to \npermit ‘‘portable training’’ which can be of-fered in any suitable setting rather than spe-cific, designated facilities. This provision is included to allow training at locations and times convenient to students and instruc-tors. The conference report also adds re-quirements to ensure that the emergency re-sponder and hazmat employee training grants be awarded through a competitive process. \nData Collection and Research. The Senate \nbill recognized the need for increased re-search and data collection on hazardous ma-terials programs and included a new pilot program for paperless hazard communica-tions. The program would permit the Sec-retary to conduct pilot projects to evaluate the feasibility and effectiveness of using \npaperless hazard communications systems. The conference report includes these provi-sions and adds a requirement to conduct a cost-benefit analysis of the pilot projects and submit recommendations on the analysis and other findings in the report to Congress. \nThe conference report includes Senate pro-\nvisions requiring an assessment of the Pipe-line and Hazardous Materials Safety Admin-istration’s (PHMSA) hazmat data collection, analysis and reporting. These provisions re-quire PHMSA to develop an action plan and timeline to make improvements to its sys-tems. The conference report directs PHMSA to conduct the assessment in consultation with Commandant of the Coast Guard, in lieu of in coordination with the Secretary of Homeland Security. This amendment was in-cluded because the Coast Guard is more spe-cifically involved in handling accidents and investigations in the transportation of haz-ardous materials. \nHazmat Transportation. The conference re-\nport includes a new requirement for the Sec-retary to study the safety of transporting flammable liquids in the external pipes of cargo tanks, ‘‘wetlines.’’ The report specifies that the Secretary may not issue a rule-making on ‘‘wetlines’’ until the study is complete, but no later than two years after the date of enactment. The conference report also modifies Senate provisions that direct the Secretary to address transportation of perishable material after inspection, train-ing for inspectors and the proper closing of packaging after inspections, by requiring that these regulations be issued within a year after enactment. \nThe Senate bill included a provision that \nrequires uniform regulations for the safe loading and unloading of hazardous mate-rials on and off tank cars and cargo tank trucks. The provision was not included in the conference report due to an ongoing rule-making addressing the matter. \nThe conference report includes a Senate \nprovision that ensures States update the hazardous materials route registry kept by the Department of Transportation. \nSpecial permitting. The conference report \namends provisions included in the Senate bill on special permits. The conference re-port removes some language regarding cri-teria for special permits but includes the rulemaking provision for special permit and approvals procedures. It directs a review and analysis of special permits that have been in continuous effect for a 10-year period to de-termine which permits can be converted into the hazardous materials regulations (HMR). It includes factors that the Secretary may consider in reviewing special permits. After the analysis is complete, but no later than 3 years after enactment, the report authorizes the Secretary to issue regulations for incor-porating special permits into the HMR. The amended language also directs the Secretary to publish in the Federal Register justifica-tion in the case of special permits that are not appropriate for incorporation into the HMR. Similarly, the amended language in-cludes a process to review a special permit for incorporation into the regulations once that permit has been in effect for 10 years. \nMotor carrier safety permits. The con-\nference report includes a provision directing the Secretary to conduct a review of the im-plementation of the hazardous material safe-ty permit program. The conference report di-rects the Secretary to consider factors, in-cluding the list of hazardous materials re-quiring a safety permit, the criteria used by PHMSA to determine whether a hazardous material safety permit issued by a State is equivalent to the Federal permit, and ac-\ntions to improve the program including an additional level of fitness review. Based on the findings of the review, the Secretary may either issue a rulemaking to make any necessary improvements to the program, or publish in the Federal Register justification for why a rulemaking is not necessary. \nCivil penalties. The conference report adds \nnew language amending civil penalties by re-moving the minimum penalty amount for violations of hazardous materials laws and regulations. The conference report also adds language amending penalties for training violations. It includes a definition of ‘‘ob-struct’’ regarding penalties for obstruction of inspections and investigations. \nT\nITLE V—N ATIONAL RAILSYSTEM PRESERVA -\nTION, EXPANSION AND DEVELOPMENT ACT OF \n2012 \nThe Senate legislation included provisions \nthat would direct the Secretary, in collabo-ration with stakeholders, to develop a long- range, national rail plan. Other provisions in this title would amend statutory require-ments for implementation of positive train control, refine Surface Transportation Board authorities and amend and update Amtrak’s environmental review, capital planning and financing, and inspector general authorities. The conference report does not include any of the provisions in this title. \nT\nITLE VI—S PORT FISHRESTORATION AND \nRECREATIONAL BOATING SAFETY ACT OF 2012 \nSport Fish Restoration and Boating Trust \nFund. The conference report adopts Senate provisions to authorize appropriations and amounts for administrative costs through FY 2013 for the Sport Fish Restoration and Boating Trust Fund. The Trust Fund, often referred to as Wallop-Breaux, is the main-stay of funding for State and Federal sport fish conservation and recreational boating safety programs. Funds go to projects that support sport fish conservation and habitat conservation in the States, and to assist States in establishing and maintaining rec-reational boating safety and boater edu-cation programs. The Trust Fund receives income from the following five sources: (1) motorboat fuel taxes; (2) annual tax receipts from small engine fuel used for outdoor power equipment; (3) a manufacturers’ excise tax on sport fishing equipment; (4) import duties on fishing tackle and on yachts and pleasure craft; and (5) interest on funds in-vested prior to disbursal. All moneys re-ceived in a given fiscal year are apportioned to the States in the following fiscal year. \nT\nITLE VII—M ISCELLANEOUS \nOverflights in Grand Canyon National \nPark. The conference report makes amend-ments to a Senate provision on aircraft noise abatement at Grand Canyon National Park (GCNP). The provision establishes standards to be used by the National Park Service (NPS) in restoring natural quiet at GCNP, defines the term ‘‘substantial restoration of natural quiet’’ for the park, and directs the NPS to take measures that promote adop-tion of quiet technology aircraft at GCNP. \nCommercial air tour operations. The con-\nference report amends a Senate provision for commercial air tour operations at national parks. The report modifies existing statu-tory authority to clarify the conditions under which the Director of the NPS may deny an application to begin or expand com-mercial air tour operations without devel-oping an air tour management plan at Crater Lake National Park and Great Smoky Moun-tains National Park only. \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00427 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4586 June 28, 2012 \n1Except where otherwise stated, all section ref-\nerences are to the Internal Revenue Code of 1986, as amended (the ‘‘Code’’). \n2This portion of the tax rates was enacted as a def-\nicit reduction measure in 1993. Receipts from it were retained in the General Fund until 1997 legislation provided for their transfer to the Highway Trust Fund. \n3Secs. 4081(a)(2)(A)(i), 4081(a)(2)(A)(iii), 4041(a)(2), \n4041(a)(3), and 4041(m). Some of these fuels also are subject to an additional 0.1-cent-per-gallon excise tax to fund the Leaking Underground Storage Tank Trust Fund (secs. 4041(d) and 4081(a)(2)(B)). \n5Sec. 4051. \n6Sec. 4071. \n7Sec. 4481. \n8Sec. 4482(c)(4) and (d). 9Sec. 9503. The Highway Trust Fund statutory pro-\nvisions were placed in the Internal Revenue Code in 1982. \n10Sec. 9503(e)(1). \n11The authorizing Acts that currently are ref-\nerenced in the Highway Trust Fund provisions of the Code are: the Highway Revenue Act of 1956; Titles I and II of the Surface Transportation Assistance Act of 1982; the Surface Transportation and Uniform Re-location Act of 1987; the Intermodal Surface Trans-portation Efficiency Act of 1991; the Transportation Equity Act for the 21st Century, the Surface Trans-portation Extension Act of 2003, the Surface Trans-portation Extension Act of 2004; the Surface Trans-portation Extension Act of 2004, Part II; the Surface Transportation Extension Act of 2004, Part III; the Surface Transportation Extension Act of 2004, Part IV; the Surface Transportation Extension Act of 2004, Part V; the Safe, Accountable, Flexible, Effi-cient Transportation Equity Act: A Legacy for Users; the SAFETEA–LU Technical Corrections Act of 2008; the Surface Transportation Extension Act of 2010; the Surface Transportation Extension Act of 2010, Part II; the Surface Transportation Extension Act of 2011; the Surface Transportation Extension Act of 2011, Part II, and the Surface Transportation Extension Act of 2012. \n12Sec. 9503(b)(1). 13The provision also replaces cross-references to \nthe Surface Transportation Extension Act of 2011, Part II, with MAP–21, and replaces April 1, 2012 ref-erences with October 1, 2013 in the Code provisions governing the Leaking Underground Storage Tank Trust Fund, and the Sport Fish Restoration and Boating Trust Fund. \n14The Leaking Underground Storage Tank Trust \nFund financing rate of 0.1 cent per gallon also is ex-tended through September 30, 2015. \n15The Leaking Underground Storage Tank Trust \nFund financing rate also is extended through Sep-\ntember 30, 2016. The provision also corrects a poten-tial drafting ambiguity regarding the taxable period as reflected in prior legislation. The provision is ef-fective as if included in section 142 of the Surface Transportation Extension Act of 2011, Part II. PART I—EXTENSION OF HIGHWAY TRUST \nFUND EXPENDITURE AUTHORITY AND RELATED TAXES \nA. Extension of Highway Trust Fund Expend-\niture Authority and Extension of Highway- Related Taxes \n(secs. 141 and 142 of the House bill, secs. 40101 \nand 40102 of the Senate amendment, secs. 40101 and 40102 of the conference agree-ment, and secs. 4041, 4051, 4071, 4081, 4221, 4481 4483, 6412, 9503, 9504, and 9508 of the Code)\n1 \nPRESENT LAW HIGHWAY TRUST FUND EXCISE \nTAXES \nIn general \nSix separate excise taxes are imposed to fi-\nnance the Federal Highway Trust Fund pro-gram. Three of these taxes are imposed on highway motor fuels. The remaining three are a retail sales tax on heavy highway vehi-cles, a manufacturers’ excise tax on heavy vehicle tires, and an annual use tax on heavy vehicles. A substantial majority of the reve-nues produced by the Highway Trust Fund excise taxes are derived from the taxes on motor fuels. The annual use tax on heavy ve-hicles expires October 1, 2013. Except for 4.3 cents per gallon of the Highway Trust Fund fuels tax rates, the remaining taxes are scheduled to expire after June 30, 2012. The 4.3-cents-per-gallon portion of the fuels tax rates is permanent.\n2The six taxes are sum-\nmarized below. \nHighway motor fuels taxes \nThe Highway Trust Fund motor fuels tax \nrates are as follows:3 \nGasoline ......................... 18.3 cents per gallon \nDiesel fuel and kerosene 24.3 cents per gallon Alternative fuels ............ 18.3 or 24.3 cents per gallon generally\n4 \n4See secs. 4041(a)(2), 4041(a)(3), and 4041(m). \nNon-fuel highway trust fund excise taxes \nIn addition to the highway motor fuels ex-\ncise tax revenues, the Highway Trust Fund receives revenues produced by three excise taxes imposed exclusively on heavy highway vehicles or tires. These taxes are: \n1. A 12-percent excise tax imposed on the \nfirst retail sale of heavy highway vehicles, tractors, and trailers (generally, trucks hav-ing a gross vehicle weight in excess of 33,000 pounds and trailers having such a weight in excess of 26,000 pounds);\n5 \n2. An excise tax imposed on highway tires \nwith a rated load capacity exceeding 3,500 pounds, generally at a rate of 0.945 cents per 10 pounds of excess;\n6and \n3. An annual use tax imposed on highway \nvehicles having a taxable gross weight of 55,000 pounds or more.\n7(The maximum rate \nfor this tax is $550 per year, imposed on vehi-cles having a taxable gross weight over 75,000 pounds.) \nThe taxable year for the annual use tax is \nfrom July 1st through June 30th of the fol-lowing year. For the period July 1, 2013, through September 30, 2013, the amount of the annual use tax is reduced by 75 percent.\n8 PRESENT LAW HIGHWAY TRUST FUND \nEXPENDITURE PROVISIONS \nIn general \nUnder present law, revenues from the high-\nway excise taxes, as imposed through June 30, 2012, generally are dedicated to the High-way Trust Fund. Dedication of excise tax revenues to the Highway Trust Fund and ex-penditures from the Highway Trust Fund are governed by the Code.\n9The Code authorizes \nexpenditures (subject to appropriations) from the Highway Trust Fund through June 30, 2012, for the purposes provided in author-izing legislation, as such legislation was in effect on the date of enactment of the Sur-face Transportation Extension Act of 2012. \nHighway Trust Fund expenditure purposes \nThe Highway Trust Fund has a separate \naccount for mass transit, the Mass Transit Account.\n10The Highway Trust Fund and the \nMass Transit Account are funding sources for specific programs. \nHighway Trust Fund expenditure purposes \nhave been revised with each authorization Act enacted since establishment of the High-way Trust Fund in 1956. In general, expendi-tures authorized under those Acts (as the Acts were in effect on the date of enactment of the most recent such authorizing Act) are specified by the Code as Highway Trust Fund expenditure purposes.\n11The Code provides \nthat the authority to make expenditures from the Highway Trust Fund expires after June 30, 2012. Thus, no Highway Trust Fund expenditures may occur after June 30, 2012, without an amendment to the Code. \nAs noted above, section 9503 appropriates \nto the Highway Trust Fund amounts equiva-lent to the taxes received from the following: the taxes on diesel, gasoline, kerosene and special motor fuel, the tax on tires, the an-nual heavy vehicle use tax, and the tax on the retail sale of heavy trucks and trailers.\n12 \nSection 9601 provides that amounts appro-priated to a trust fund pursuant to sections 9501 through 9511, are to be transferred at least monthly from the General Fund of the Treasury to such trust fund on the basis of estimates made by the Secretary of the Treasury of the amounts referred to in the Code section appropriating the amounts to such trust fund. The Code requires that prop-er adjustments be made in amounts subse-quently transferred to the extent prior esti-mates were in excess of, or less than, the amounts required to be transferred. \nHOUSE BILL \nPresent-law expenditure authority and \ntaxes are extended for an additional three months, through September 30, 2012. Effective date. —The provision is effective \nJuly 1, 2012. \nSENATE AMENDMENT \nThe expenditure authority for the Highway \nTrust Fund is extended through September 30, 2013. The Code provisions governing the purposes for which monies in the Highway Trust Fund may be spent are updated to in-clude the reauthorization bill, Moving Ahead for Progress for the 21st Century (MAP–21).\n13 \nThe provision extends the motor fuel \ntaxes, and all three non-fuel excise taxes at their current rates through September 30, 2015.\n14The provision resolves the projected \ndeficit in the Highway Trust Fund, assures a cushion of $2.8 billion in each account of the Highway Trust Fund, and creates a solvency account available for use by either highways or mass transit. Specifically, the Secretary of the Treasury is to transfer the excess of (1) any amount appropriated to the Highway Trust Fund before October 1, 2013, by reason of the provisions of this bill, over (2) the amount necessary to meet the required ex-penditures from the Highway Trust Fund as authorized in section 9503(c) of the Code (which provides expenditure authority from the Highway Trust Fund) for the period end-ing before October 1, 2013. Amounts in the solvency account are available for transfers to the Highway Account and the Mass Tran-sit Account in such amounts as determined necessary by the Secretary to ensure that each account has a surplus balance of $2.8 billion on September 30, 2013. The solvency account terminates on September 30, 2013 and any remainder in the solvency account remains in the Highway Trust Fund. The Committee expects that the Secretary of the Treasury will consult with the Secretary of Transportation in making determinations concerning amounts necessary to meet re-quired expenditures and amounts necessary to ensure the cushion of $2.8 billion. \nEffective date. —The provision is effective \non April 1, 2012. \nCONFERENCE AGREEMENT \nThe conference agreement provides for ex-\npenditure authority through September 30, \n2014. The Code provisions governing the pur-poses for which monies in the Highway Trust Fund may be spent are updated to include the conference agreement bill, MAP–21. Cross-references to the reauthorization bill in the Code provisions governing the Sport Fish Restoration and Boating Trust Fund are also updated to include the conference agreement bill. In general, the provision ex-tends the taxes dedicated to the Highway Trust Fund at their present law rates through September 30, 2016, and for the heavy vehicle use tax, through September 30, 2017.\n15 \nEffective date. —The provision is effective \nJuly 1, 2012. \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00428 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4587 June 28, 2012 \n16Secs. 4041, 4042, and 4081. \n17For Federal budget scorekeeping purposes, the \nLUST Trust Fund tax, like other excise taxes dedi-cated to trust funds, is assumed to be permanent. \n18Pub. L. No. 109–58. 19As noted above, the Leaking Underground Stor-\nage Tank Trust Fund financing rate of 0.1 cent per gallon is also extended through September 30, 2015. \n20Sec. 412. A number of exceptions to the min-\nimum funding rules apply. For example, govern-mental plans (within the meaning of section 414(d) and church plans (within the meaning of section 414(e)) are generally not subject to the minimum funding rules. Under section 4971, an excise tax ap-plies to an employer maintaining a single-employer plan if the minimum funding requirements are not satisfied. \n21Sec. 302 of ERISA. \n22Pub. L. No. 109–280. The PPA minimum funding \nrules for single-employer plans are generally effec-tive for plan years beginning after December 31, 2007. Delayed effective dates apply to single-employer plans sponsored by certain large defense contrac-tors, multiple-employer plans of some rural coopera-tives, eligible charity plans, and single-employer plans affected by settlement agreements with the Pension Benefit Guaranty Corporation. Subsequent changes to the single-employer plan and multiem-ployer plan funding rules (including temporary fund-ing relief) were made by the Worker, Retiree, and Employer Recovery Act of 2008 (‘‘WRERA’’), Pub. L. No. 110–458, and the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010 (‘‘PRA 2010’’), Public Law 111–192. \n23The value of plan assets is generally reduced by \nany prefunding balance or funding standard carry-over balance in determining minimum required con-tributions, including for this purpose. A prefunding balance results from contributions to a plan that ex-ceed the minimum required contributions. A funding standard carryover balance results from a positive balance in the funding standard account that ap-plied under the funding requirements in effect before PPA. Subject to certain conditions, a prefunding balance or funding standard carryover balance may be credited against the minimum required contribu-tion for a year, reducing the amount that must be contributed. 24If the plan has obtained a waiver of the min-\nimum required contribution (a funding waiver) with-in the past five years, the minimum required con-tribution also includes the related waiver amortiza-tion charge, that is, the annual installment needed to amortize the waived amount in level installments over the five years following the year of the waiver. \n25If the value of plan assets, reduced only by any \nprefunding balance if the employer elects to apply the prefunding balance against the required con-tribution for the plan year, is at least equal to the plan’s funding target, no shortfall amortization base is established for the year. \n26Under PRA 2010, employers were permitted to \nelect to use one of two alternative extended amorti-zation schedules for up to two ‘‘eligible’’ plan years during the period 2008–2011. The use of an extended amortization schedule has the effect of reducing the amount of the shortfall amortization installments attributable to the shortfall amortization base for the eligible plan year. However, the shortfall amor-tization installments attributable to an eligible plan year may be increased by an additional amount, an ‘‘installment acceleration amount,’’ in the case of employee compensation exceeding $1 million, ex-traordinary dividends, or stock redemptions within a certain period of the eligible plan year. PART II—REVENUE PROVISIONS \nA. Leaking Underground Storage Tank Trust \nFund \n(secs. 40301 and 40302 of the Senate amend-\nment, sec. 40201 of the conference agree-ment and secs. 9503 and 9508 of the Code) \nPRESENT LAW \nLeaking Underground Storage Tank Trust Fund \nfinancing rate \nFuels of a type subject to other trust fund \nexcise taxes generally are subject to an add- on excise tax of 0.1-cent-per-gallon to fund the Leaking Underground Storage Tank (‘‘LUST’’) Trust Fund.\n16For example, the \nLUST excise tax applies to gasoline, diesel fuel, kerosene, and most alternative fuels subject to highway and aviation fuels excise taxes, and to fuels subject to the inland wa-terways fuel excise tax. This excise tax is imposed on both uses and parties subject to the other taxes, and to situations (other than export) in which the fuel otherwise is tax-exempt. For example, off-highway busi-ness use of gasoline and off-highway use of diesel fuel and kerosene generally are ex-empt from highway motor fuels excise tax. Similarly, States and local governments and certain other parties are exempt from such tax. Nonetheless, all such uses and parties are subject to the 0.1-cent-per-gallon LUST excise tax. \nLiquefied natural gas, compressed natural \ngas, and liquefied petroleum gas are exempt from the LUST tax. Additionally, methanol and ethanol fuels produced from coal (includ-ing peat) are taxed at a reduced rate of 0.05 cents per gallon. \nThe LUST tax is scheduled to expire after \nJune 30, 2012.\n17 \nOverview of Leaking Underground Storage \nTank Trust Fund expenditure provisions \nAmounts in the LUST Trust Fund are \navailable, as provided in appropriations Acts, for purposes of making expenditures to carry out sections 9003(h)–(j), 9004(f), 9005(c), and 9010–9013 of the Solid Waste Disposal Act as in effect on the date of enactment of Public Law 109–168. Any claim filed against the LUST Trust Fund may be paid only out of such fund, and the liability of the United States for claims is limited to the amount in the fund. \nThe monies in the LUST Trust Fund are \nused to pay expenses incurred by the Envi-ronmental Protection Agency (the ‘‘EPA’’) and the States for preventing, detecting, and cleaning up leaks from petroleum under-ground storage tanks, as well as programs to evaluate the compatibility of fuel storage tanks with alternative fuels, MTBE addi-tives, and ethanol and biodiesel blends. \nThe EPA makes grants to States to imple-\nment the program, and States use cleanup funds primarily to oversee and enforce cor-rective actions by responsible parties. States and EPA also use cleanup funds to conduct corrective actions where no responsible party has been identified, where a respon-sible party fails to comply with a cleanup order, in the event of an emergency, and to take cost recovery actions against parties. In 2005, Congress authorized the EPA and States to use trust fund monies for non- cleanup purposes as well, specifically for ad-ministration and enforcement of the leak prevention requirements of the UST pro-gram.\n18 \nHOUSE BILL \nNo provision. SENATE AMENDMENT \nThe provision transfers $3 billion from the \nLUST Trust Fund to the Highway Trust Fund. The provision also provides that 0.033 cent of the 0.1 cent LUST Trust Fund financ-ing rate is dedicated to the Highway Trust Fund.\n19 \nEffective date. —The provision is effective \non the date of enactment. \nCONFERENCE AGREEMENT \nThe conference agreement transfers $2.4 \nbillion from the LUST Trust Fund to the Highway Account of the Highway Trust Fund. \nThe conference agreement does not include \nthe Senate amendment provision to transfer 0.033 cent of the 0.1 cent LUST Trust Fund fi-nancing rate to the Highway Trust Fund. \nEffective date. —The provision is effective \non the date of enactment. \nB. Pension Funding Stabilization \n(sec. 40312 of the Senate amendment, sec. \n40211 of the conference agreement, Code sec. 430, and ERISA secs. 101(f) and 303) \nPRESENT LAW \nMinimum funding rules \nDefined benefit plans generally are subject \nto minimum funding rules that require the sponsoring employer generally to make a contribution for each plan year to fund plan benefits.\n20Parallel rules apply under the Em-\nployee Retirement Income Security Act of 1974 (‘‘ERISA’’), which is generally in the ju-risdiction of the Department of Labor.\n21The \nminimum funding rules for single-employer \ndefined benefit plans were substantially re-vised by the Pension Protection Act of 2006 (‘‘PPA’’).\n22 \nMinimum required contributions \nIn general \nThe minimum required contribution for a \nplan year for a single-employer defined ben-efit plan generally depends on a comparison of the value of the plan’s assets, reduced by any prefunding balance or funding standard carryover balance (‘‘net value of plan as-sets’’),\n23with the plan’s funding target and target normal cost. The plan’s funding tar-\nget for a plan year is the present value of all \nbenefits accrued or earned as of the begin-ning of the plan year. A plan’s target normal cost for a plan year is generally the present value of benefits expected to accrue or to be earned during the plan year. \nIf the net value of plan assets is less than \nthe plan’s funding target, so that the plan has a funding shortfall (discussed further below), the minimum required contribution is the sum of the plan’s target normal cost and the shortfall amortization charge for the plan year (determined as described below).\n24 \nIf the net value of plan assets is equal to or exceeds the plan’s funding target, the min-imum required contribution is the plan’s tar-get normal cost, reduced by the amount, if any, by which the net value of plan assets exceeds the plan’s funding target. \nShortfall amortization charge \nThe shortfall amortization charge for a \nplan year is the sum of the annual shortfall amortization installments attributable to the shortfall bases for that plan year and the six previous plan years. Generally, if a plan has a funding shortfall for the plan year, a shortfall amortization base must be estab-lished for the plan year.\n25A plan’s funding \nshortfall is the amount by which the plan’s funding target exceeds the net value of plan assets. The shortfall amortization base for a plan year is: (1) the plan’s funding shortfall, minus (2) the present value, determined using the segment interest rates (discussed below), of the aggregate total of the shortfall amortization installments that have been de-termined for the plan year and any suc-ceeding plan year with respect to any short-fall amortization bases for the six previous plan years. The shortfall amortization base is amortized in level annual installments (‘‘shortfall amortization installments’’) over a seven-year period beginning with the cur-rent plan year and using the segment inter-est rates (discussed below).\n26 \nThe shortfall amortization base for a plan \nyear may be positive or negative, depending on whether the present value of remaining installments with respect to amortization bases for previous years is more or less than the plan’s funding shortfall. If the shortfall amortization base is positive (that is, the funding shortfall exceeds the present value of the remaining installments), the related shortfall amortization installments are posi-tive. If the shortfall amortization base is negative, the related shortfall amortization installments are negative. The positive and negative shortfall amortization installments for a particular plan year are netted when adding them up in determining the shortfall \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00429 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4588 June 28, 2012 \n27Any amortization base relating to a funding \nwaiver for a previous year is also eliminated. 28If a plan is in at-risk status, under section \n409A(b)(3), limitations apply on the employer’s abil-ity to set aside assets to provide benefits under a nonqualified deferred compensation plan. \n29A similar test applies in order for an employer to \nbe permitted to apply a prefunding balance against its required contribution, that is, for the preceding year, the ratio of the value of plan assets (reduced by any prefunding balance) must be at least 80 per-cent of the plan’s funding target (determined with-out regard to the at-risk rules). \n30ERISA sec. 4010. \n31Code sec. 436 and ERISA sec. 206(g). \n32Code sec. 411(d)(6) and ERISA sec. 204(g). \n33Code sec. 417(e) and ERISA sec. 205(g). \n34Sec. 415(b). 35Sec. 404. \n36Sec. 420. Under present law, a qualified transfer \nis not permitted after December 31, 2013. \n37ERISA sec. 4006. \n38Flat-rate premiums apply also to multiemployer \ndefined benefit plans at a rate of $9.00 per partici-pant. Single-employer and multiemployer flat-rate premium rates are indexed for inflation. The rate of variable-rate premiums is not indexed. \n39ERISA sec. 4010. amortization charge for the plan year, but \nthe resulting shortfall amortization charge cannot be less than zero (i.e., negative amor-tization installments may not offset normal cost). \nIf the net value of plan assets for a plan \nyear is at least equal to the plan’s funding target for the year, so the plan has no fund-ing shortfall, any shortfall amortization bases and related shortfall amortization in-stallments are eliminated.\n27As indicated \nabove, if the net value of plan assets exceeds the plan’s funding target, the excess is ap-plied against target normal cost in deter-mining the minimum required contribution. \nInterest rate used to determine target normal \ncost and funding target \nThe minimum funding rules for single-em-\nployer plans specify the interest rates and other actuarial assumptions that must be used in determining the present value of ben-efits for purposes of a plan’s target normal cost and funding target. \nPresent value is determined using three in-\nterest rates (‘‘segment’’ rates), each of which applies to benefit payments expected to be made from the plan during a certain period. The first segment rate applies to benefits reasonably determined to be payable during the five-year period beginning on the first day of the plan year; the second segment rate applies to benefits reasonably deter-mined to be payable during the 15-year pe-riod following the initial five-year period; and the third segment rate applies to bene-fits reasonably determined to be payable at the end of the 15-year period. Each segment rate is a single interest rate determined monthly by the Secretary of the Treasury (‘‘Secretary’’) on the basis of a corporate bond yield curve, taking into account only the portion of the yield curve based on cor-porate bonds maturing during the particular segment rate period. The corporate bond yield curve used for this purpose reflects the average, for the 24-month period ending with the preceding month, of yields on investment grade corporate bonds with varying matu-rities and that are in the top three quality levels available. The Internal Revenue Serv-ice (IRS) publishes the segment rates each month. \nThe present value of liabilities under a \nplan is determined using the segment rates for the ‘‘applicable month’’ for the plan year. The applicable month is the month that in-cludes the plan’s valuation date for the plan year, or, at the election of the employer, any of the four months preceding the month that includes the valuation date. \nSolely for purposes of determining min-\nimum required contributions, in lieu of the segment rates described above, an employer may elect to use interest rates on a yield curve based on the yields on investment grade corporate bonds for the month pre-ceding the month in which the plan year be-gins (i.e., without regard to the 24-month averaging described above) (‘‘monthly yield curve’’). If an election to use a monthly yield curve is made, it cannot be revoked without IRS approval. \nUse of segment rates for other purposes \nIn general \nIn addition to being used to determine a \nplan’s funding target and target normal cost, the segment rates are used also for other purposes, either directly because the seg-ment rates themselves are specifically cross- referenced or indirectly because funding tar-get, target normal cost, or some other con-cept, such as funding target attainment per-centage (discussed below) in which funding target or target normal cost is an element, is \ncross-referenced elsewhere. \nFunding target attainment percentage \nA plan’s funding target attainment per-\ncentage for a plan year is the ratio, ex-pressed as a percentage, that the net value of plan assets bears to the plan’s funding target for the year. Special rules may apply to a plan if its funding target attainment per-centage is below a certain level. For exam-ple, funding target attainment percentage is used to determine whether a plan is in ‘‘at- risk’’ status, so that special actuarial as-sumptions (‘‘at-risk assumptions’’) must be used in determining the plan’s funding tar-get and target normal cost.\n28A plan is in at \nrisk status for a plan year if, for the pre-ceding year: (1) the plan’s funding target at-tainment percentage, determined without re-gard to the at-risk assumptions, was less than 80 percent, and (2) the plan’s funding target attainment percentage, determined using the at-risk assumptions (without re-gard to whether the plan was in at-risk sta-tus for the preceding year), was less than 70 percent.\n29In addition, special reporting to \nthe Pension Benefit Guaranty Corporation (‘‘PBGC’’) may be required if a plan’s funding target attainment percentage is less than 80 percent.\n30 \nRestrictions on benefit increases, certain \ntypes of benefits and benefit accruals (collec-tively referred to as ‘‘benefit restrictions’’) may apply to a plan if the plan’s adjusted funding target attainment percentage is below a certain level.\n31Adjusted funding tar-\nget attainment percentage is determined in the same way as funding target attainment percentage, except that the net value of plan assets and the plan’s funding target are both increased by the aggregate amount of pur-chases of annuities for employees, other than highly compensated employees, made by the plan during the two preceding plan years. Al-though anti-cutback rules generally prohibit reductions in benefits that have already been earned under a plan,\n32reductions required to \ncomply with the benefit restrictions are per-mitted. \nMinimum and maximum lump sums, limits on \ndeductible contributions, retiree health \nDefined benefit plans commonly allow a \nparticipant to choose among various forms of benefit offered under the plan, such as a lump-sum distribution. These optional forms of benefit generally must be actuarially equivalent to the life annuity benefit pay-able to the participant at normal retirement age. For certain forms of benefit, such as lump sums, the benefit amount cannot be less than the amount determined using the segment rates and a specified mortality table.\n33For this purpose, however, the seg-\nment rates are determined on a monthly basis, rather than using a 24-month average of corporate bond rates. \nThe amount of benefits under a defined \nbenefit plan are subject to certain limits.\n34 \nThe segment rates used in determining min-imum lump sums (and certain other forms of benefit) are also used in applying the benefit limits to lump sums (and the certain other \nforms of benefit). \nLimits apply to the amount of plan con-\ntributions that may be deducted by an em-ployer.\n35In the case of a single-employer de-\nfined benefit plan, the plan’s funding target and target normal cost, determined using the segment rates that apply for funding purposes, are taken into account in calcu-lating the limit on deductible contributions. \nSubject to various conditions, a qualified \ntransfer of excess assets of a single-employer defined benefit plan to a retiree medical ac-count within the plan may be made in order to fund retiree health benefits.\n36For this \npurpose, excess assets generally means the excess, if any, of the value of the plan’s as-sets over 125 percent of the sum of the plan’s funding target and target normal cost for the plan year. \nPBGC premiums and 4010 reporting \nPBGC premiums apply with respect to de-\nfined benefit plans covered by ERISA.\n37In \nthe case of a single-employer defined benefit plan, flat-rate premiums apply at a rate of $35.00 per participant for 2012.\n38If a single- \nemployer defined benefit plan has unfunded vested benefits, variable-rate premiums also apply at a rate of $9 per $1,000 of unfunded vested benefits divided by the number of par-ticipants. For purposes of determining vari-able-rate premiums, unfunded vested bene-fits are equal to the excess (if any) of (1) the plan’s funding target for the year determined as under the minimum funding rules, but taking into account only vested benefits, over (2) the fair market value of plan assets. In determining the plan’s funding target for this purpose, the interest rates used are seg-ment rates determined as under the min-imum funding rules, but determined on a monthly basis, rather than using a 24–month average of corporate bond rates. \nIn certain circumstances, the contributing \nsponsor of a single-employer plan defined benefit pension plan covered by the PBGC (and members of the contributing sponsor’s controlled group) must provide certain infor-mation to the PBGC (referred to as ‘‘section 4010 reporting’’).\n39This information includes \nactuarial information with respect to single- employer plans maintained by the contrib-uting sponsor (and controlled group mem-bers). Section 4010 reporting is required if: (1) the funding target attainment percentage at the end of the preceding plan year of a plan maintained by the contributing sponsor or any member of its controlled group is less than 80 percent; (2) the conditions for impo-sition of a lien (i.e., required contributions totaling more than $1 million have not been made) have occurred with respect to a plan maintained by the contributing sponsor or any member of its controlled group; or (3) minimum funding waivers in excess of $1 million have been granted with respect to a plan maintained by the contributing sponsor or any member of its controlled group and any portion of the waived amount is still outstanding. \nAnnual funding notice \nThe plan administrator of a defined benefit \nplan must provide an annual funding notice to: (1) each participant and beneficiary; (2) each labor organization representing such \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00430 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4589 June 28, 2012 \n40ERISA sec. 101(f). In the case of a multiemployer \nplan, the notice must also be sent to each employer that has an obligation to contribute under the plan; 41The provision does not provide a specific excep-\ntion for determining maximum lump sum benefits. However, the exception for minimum lump sum ben-efits applies by cross-reference. \n42The provision does not provide a specific excep-\ntion for determining maximum lump sum benefits. However, the exception for minimum lump sum ben-efits applies by cross-reference. \n43Another provision of the conference agreement \nextends to December 31, 2021, the ability to make a qualified transfer. In addition, another provision of the conference agreement allows qualified transfers to be made to provide group-term life insurance ben-efits. \n44Another provision of the conference agreement \nincreases PBGC flat-rate and variable-rate pre-miums. 45In addition, a reversion may occur only if the \nterms of the plan so provide. participants or beneficiaries; and (4) the \nPBGC.40 \nIn addition to the information required to \nbe provided in all funding notices, certain in-formation must be provided in the case of a single-employer defined benefit plan, includ-ing: \na statement as to whether the plan’s fund-\ning target attainment percentage (as defined under the minimum funding rules) for the plan year to which the notice relates and the two preceding plan years, is at least 100 per-cent (and, if not, the actual percentages); and \na statement of (a) the total assets (sepa-\nrately stating any funding standard carry-over or prefunding balance) and the plan’s li-abilities for the plan year and the two pre-ceding years, determined in the same man-ner as under the funding rules, and (b) the value of the plan’s assets and liabilities as of the last day of the plan year to which the no-tice relates, determined using fair market value and the interest rate used in deter-mining variable rate premiums. \nA funding notice may also include any ad-\nditional information that the plan adminis-trator elects to include to the extent not in-consistent with regulations. The notice must be written so as to be understood by the av-erage plan participant. As required under PPA, the Secretary of Labor has issued a model funding notice that can be used to sat-isfy the notice requirement. \nHOUSE BILL \nNo provision. \nSENATE AMENDMENT \nThe Senate amendment revises the rules \nfor determining the segment rates under the single-employer plan funding rules by ad-justing a segment rate if the rate determined under the regular rules is outside a specified range of the average of the segment rates for the preceding 25-year period (‘‘average’’ seg-ment rates). In particular, if a segment rate determined for an applicable month under the regular rules is less than the applicable minimum percentage, the segment rate is adjusted upward to match that percentage. If a segment rate determined for an applicable month under the regular rules is more than the applicable maximum percentage, the seg-ment rate is adjusted downward to match that percentage. For this purpose, the aver-age segment rate is the average of the seg-ment rates determined under the regular rules for the 25-year period ending Sep-tember 30 of the calendar year preceding the calendar year in which the plan year begins. The Secretary is to determine average seg-ment rates on an annual basis and may pre-scribe equivalent rates for any years in the 25-year period for which segment rates deter-mined under the regular rules are not avail-able. The Secretary is directed to publish the average segment rates each month. \nThe applicable minimum percentage and \nthe applicable maximum percentage depend on the calendar year in which the plan year begins as shown by the following table: \nIf the calendar year is: The applicable \nminimum \npercentage is: The applicable \nmaximum \npercentage is: \n2012 ............................. 90 percent ................... 110 percent 2013 ............................. 85 percent ................... 115 percent 2014 ............................. 80 percent ................... 120 percent 2015 ............................. 75 percent ................... 125 percent 2016 or later ............... 70 percent ................... 130 percent \nThus, for example, if the first segment rate \ndetermined for an applicable month under the regular rules for a plan year beginning in 2012 is less than 90 percent of the average of the first segment rates determined under the \nregular rules for the 25-year period ending September 30, 2011, the segment rate is ad-justed to 90 percent of the 25-year average. \nThe change in the method of determining \nsegment rates generally applies for the pur-poses for which segment rates are used under present law, except for purposes of deter-mining minimum and maximum lump-sum benefits,\n41limits on deductible contributions \nto single-employer defined benefit plans, and PBGC variable-rate premiums. \nEffective date. —The provision in the Senate \nAmendment is generally effective for plan years beginning after December 31, 2011. Under a special rule, an employer may elect, for any plan year beginning on or before the date of enactment and solely for purposes of determining the plan’s adjusted funding tar-get attainment percentage (used in applying the benefit restrictions) for that year, not to have the provision apply. A plan is not treat-ed as failing to meet the requirements of the anti-cutback rules solely by reason of an election under the special rule. \nCONFERENCE AGREEMENT \nThe conference agreement follows the Sen-\nate amendment with several modifications. \nAverage segment rates \nThe change in the method of determining \nsegment rates generally applies for the pur-poses for which segment rates are used under present law, except for purposes of minimum and maximum lump-sum benefits,\n42limits on \ndeductible contributions to single-employer defined benefit plans, qualified transfers of excess pension assets to retiree medical ac-counts,\n43PBGC variable-rate premiums,44 \nand 4010 reporting to the PBGC. \nThe special effective date rule is modified \nunder the conference agreement so that an employer may elect, for any plan year begin-ning before January 1, 2013, not to have the provision apply either (1) for all purposes for which the provision would otherwise apply, or (2) solely for purposes of determining the plan’s adjusted funding target attainment percentage (used in applying the benefit re-strictions) for that year. A plan is not treat-ed as failing to meet the requirements of the anti-cutback rules solely by reason of an election under the special rule. \nUnder the conference agreement, if, as of \nthe date of enactment, an employer election is in effect to use a monthly yield curve in determining minimum required contribu-tions, rather than segment rates, the em-ployer may revoke the election (and use seg-ment rates, as modified by the conference agreement provision) without obtaining IRS approval. The revocation must be made at any time before the date that is one year after the date of enactment, and the revoca-tion will be effective for the first plan year to which the amendments made by the provi-sion apply and all subsequent plan years. The employer is not precluded from making a subsequent election to use a monthly yield curve in determining minimum required con-tributions in accordance with present law. Annual funding notice \nThe conference agreement requires addi-\ntional information to be included in the an-nual funding notice in the case of an applica-ble plan year. For this purpose, an applicable plan year is any plan year beginning after December 31, 2011, and before January 1, 2015, for which (1) the plan’s funding target, deter-mined using segment rates as adjusted to re-flect average segment rates (‘‘adjusted’’ seg-ment rates), is less than 95 percent of the funding target determined without regard to adjusted segment rates (that is, determined as under present law), (2) the plan has a funding shortfall, determined without regard to adjusted segment rates, greater than $500,000 and (3) the plan had 50 or more par-ticipants on any day during the preceding plan year. \nThe additional information that must be \nprovided is: \na statement that MAP–21 modified the \nmethod for determining the interest rates used to determine the actuarial value of ben-efits earned under the plan, providing for a 25-year average of interest rates to be taken into account in addition to a 2-year average; \na statement that, as a result of MAP–21, \nthe plan sponsor may contribute less money to the plan when interest rates are at histor-ical lows, and \na table showing, for the applicable plan \nyear and each of the two preceding plan years, the plan’s funding target attainment percentage, funding shortfall, and the em-ployer’s minimum required contribution, each determined both using adjusted seg-ment rates and without regard to adjusted segment rates (that is, as under present law). In the case of a preceding plan year begin-ning before January 1, 2012, the plan’s fund-ing target attainment percentage, funding shortfall, and the employer’s minimum re-quired contribution provided are determined only without regard to adjusted segment rates (that is, as under present law). \nAs under present law, a funding notice may \nalso include any additional information that the plan administrator elects to include to the extent not inconsistent with regulations. For example, a funding notice may include a statement of the amount of the employer’s actual or planned contributions to the plan. \nThe Secretary of Labor is directed to mod-\nify the model funding notice required so that the model includes the additional informa-tion in a prominent manner, for example, on a separate first page before the remainder of the notice. \nC. Transfer of Excess Pension Assets \n(secs. 40310 and 40311 of the Senate amend-\nment, secs. 40241 and 40242 of the con-ference agreement, and sec. 420 of the Code) \nPRESENT LAW \nDefined benefit pension plan reversions \nDefined benefit plan assets generally may \nnot revert to an employer prior to termi-nation of the plan and satisfaction of all plan liabilities.\n45Upon plan termination, the ac-\ncrued benefits of all plan participants are re-quired to be 100-percent vested. A reversion prior to plan termination may constitute a prohibited transaction and may result in plan disqualification. Any assets that revert to the employer upon plan termination are includible in the gross income of the em-ployer and subject to an excise tax. The ex-cise tax rate is 20 percent if the employer maintains a replacement plan or makes cer-tain benefit increases in connection with the termination; if not, the excise tax rate is 50 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00431 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4590 June 28, 2012 \n46Sec 401(h) and Treas. Reg. sec. 1.401–1(b). \n47Treas. Reg. sec. 1.72–15(h). \n48The Pension Protection Act of 2006 (‘‘PPA’’), \nPub. L. No. 109–280, extended the application of the rules for qualified transfers to multiemployer plans with respect to transfers made in taxable years be-ginning after December 31, 2006. However, the rules for qualified future transfers and collectively bar-gained transfers do not apply to multiemployer plans. \n49Sec. 420. \n50The value of plan assets for this purpose is the \nlesser of fair market value or actuarial value. 51Pub. L. No. 93–406. \n52ERISA sec. 101(e). ERISA also provides that a \nqualified transfer is not a prohibited transaction under ERISA or a prohibited reversion. \n53The rules for qualified transfers and collectively \nbargained transfers were added by the PPA and apply to transfers after the date of enactment (Au-gust 17, 2006). \n54Sec. 79. 55Treas. Reg. sec. 1.401–1(b). \n56Secs. 72(m)(3) and 79(b)(3). percent. Medical benefits and life insurance \nbenefits provided under a pension plan \nRetiree medical accounts \nA pension plan may provide medical bene-\nfits to retired employees through a separate account that is part of a defined benefit plan (‘‘retiree medical accounts’’).\n46Medical bene-\nfits provided through a retiree medical ac-count are generally not includible in the re-tired employee’s gross income.\n47 \nTransfers of excess pension assets \nIn general \nA qualified transfer of excess assets of a \ndefined benefit plan, including a multiem-ployer plan,\n48to a retiree medical account \nwithin the plan may be made in order to fund retiree health benefits.\n49A qualified \ntransfer does not result in plan disqualifica-tion, is not a prohibited transaction, and is not treated as a reversion. Thus, transferred assets are not includible in the gross income of the employer and are not subject to the excise tax on reversions. No more than one qualified transfer may be made in any tax-able year. No qualified transfer may be made after December 31, 2013. \nExcess assets generally means the excess, \nif any, of the value of the plan’s assets\n50over \n125 percent of the sum of the plan’s funding target and target normal cost for the plan year. In addition, excess assets transferred in a qualified transfer may not exceed the amount reasonably estimated to be the amount that the employer will pay out of such account during the taxable year of the transfer for qualified current retiree health liabilities. No deduction is allowed to the employer for (1) a qualified transfer, or (2) the payment of qualified current retiree health liabilities out of transferred funds (and any income thereon). In addition, no de-duction is allowed for amounts paid other than from transferred funds for qualified cur-rent retiree health liabilities to the extent such amounts are not greater than the ex-cess of (1) the amount transferred (and any income thereon), over (2) qualified current retiree health liabilities paid out of trans-ferred assets (and any income thereon). An employer may not contribute any amount to a health benefits account or welfare benefit fund with respect to qualified current retiree health liabilities for which transferred assets are required to be used. \nTransferred assets (and any income there-\non) must be used to pay qualified current re-tiree health liabilities for the taxable year of the transfer. Transferred amounts generally must benefit pension plan participants, other than key employees, who are entitled upon retirement to receive retiree medical bene-fits through the separate account. Retiree health benefits of key employees may not be paid out of transferred assets. \nAmounts not used to pay qualified current \nretiree health liabilities for the taxable year of the transfer are to be returned to the gen-eral assets of the plan. These amounts are not includible in the gross income of the em-ployer, but are treated as an employer rever-sion and are subject to a 20-percent excise tax. \nIn order for the transfer to be qualified, ac-\ncrued retirement benefits under the pension plan generally must be 100-percent vested as \nif the plan terminated immediately before the transfer (or in the case of a participant who separated in the one-year period ending on the date of the transfer, immediately be-fore the separation). \nIn order for a transfer to be qualified, there \nis maintenance of effort requirement under which, the employer generally must main-tain retiree health benefits at the same level for the taxable year of the transfer and the following four years. \nIn addition, the Employee Retirement In-\ncome Security Act of 1974 (‘‘ERISA’’)\n51pro-\nvides that, at least 60 days before the date of a qualified transfer, the employer must no-tify the Secretary of Labor, the Secretary of the Treasury, employee representatives, and the plan administrator of the transfer, and the plan administrator must notify each plan participant and beneficiary of the trans-fer.\n52 \nQualified future transfers and collectively \nbargained transfers \nIf certain requirements are satisfied, trans-\nfers of excess pension assets under a single- employer plan to retiree medical accounts to fund the expected cost of retiree medical benefits are permitted for the current and fu-ture years (a ‘‘qualified future transfer’’) and such transfers are also allowed in the case of benefits provided under a collective bar-gaining agreement (a ‘‘collectively bargained transfer’’).\n53Transfers must be made for at \nleast a two-year period. An employer can elect to make a qualified future transfer or a collectively bargained transfer rather than a qualified transfer. A qualified future transfer or collectively bargained transfer must meet the requirements applicable to qualified transfers, except that the provision modifies the rules relating to: (1) the determination of excess pension assets; (2) the limitation on the amount transferred; and (3) the mainte-nance of effort requirement. The general sunset applicable to qualified transfer ap-plies (i.e., no transfers can be made after De-cember 31, 2013). \nQualified future transfers and collectively \nbargained transfers can be made to the ex-tent that plan assets exceed 120 percent of the sum of the plan’s funding target and the normal cost for the plan year. During the transfer period, the plan’s funded status must be maintained at the minimum level required to make transfers. If the minimum level is not maintained, the employer must make contributions to the plan to meet the minimum level or an amount required to meet the minimum level must be transferred from the health benefits account. The trans-fer period is the period not to exceed a total of ten consecutive taxable years beginning with the taxable year of the transfer. As pre-viously discussed, the period must be not less than two consecutive years. \nEmployer provided group-term life insurance \nGroup-term life insurance coverage pro-\nvided under a policy carried by an employer is includible in the gross income of an em-ployee (including a former employee) but only to the extent that the cost exceeds the sum of the cost of $50,000 of such insurance plus the amount, if any, paid by the em-ployee toward the purchase of such insur-ance.\n54Special rules apply for determining \nthe cost of group-term life insurance that is includible in gross income under a discrimi-\nnatory group-term life insurance plan. \nA pension plan may provide life insurance \nbenefits for employees (including retirees) but only to the extent that the benefits are incidental to the retirement benefits pro-vided under the plan.\n55The cost of term life \ninsurance provided through a pension plan is includible in the employee’s gross income.\n56 \nHOUSE BILL \nNo provision. \nSENATE AMENDMENT \nExtension of existing provisions \nThe provision allows qualified transfers, \nqualified future transfers, and collectively bargained transfers to retiree medical ac-counts to be made through December 31, 2021. No transfers are permitted after that date. \nTransfers to fund retiree group-term life insur-\nance permitted \nThe provision allows qualified transfers, \nqualified future transfers, and collectively bargained transfers to be made to fund the purchase of retiree group-term life insur-ance. The assets transferred for the purchase of group-term life insurance must be main-tained in a separate account within the plan (‘‘retiree life insurance account’’), which must be separate both from the assets in the retiree medical account and from the other assets in the defined benefit plan. \nUnder the provision, the general rule that \nthe cost of group-term life insurance cov-erage provided under a defined benefit plan is includable in gross income of the partici-pant does not apply to group-term life insur-ance provided through a retiree life insur-ance account. Instead, the general rule for determining the amount of employer-pro-vided group-term life insurance that is in-cludible in gross income applies. However, group-term life insurance coverage is per-mitted to be provided through a retiree life insurance account only to the extent that it is not includible in gross income. Thus, gen-erally, only group-term life insurance not in excess of $50,000 may be purchased with such transferred assets. \nGenerally, the present law rules for trans-\nfers of excess pension assets to retiree med-\nical accounts to fund retiree health benefits also apply to transfers to retiree life insur-ance accounts to fund retiree group-term life. However, generally, the rules are ap-plied separately. Thus, for example, the one- transfer-a-year rule generally applies sepa-rately to transfers to retiree life insurance accounts and transfers to retiree medical ac-counts. Further, the maintenance of effort requirement for qualified transfers applies separately to life insurance benefits and health benefits. Similarly, for qualified fu-ture transfers and collectively bargained transfers for retiree group-term life insur-ance, the maintenance of effort and other special rules are applied separately to trans-fers to retiree life insurance accounts and re-tiree medical accounts. \nReflecting the inherent differences be-\ntween life insurance coverage and health coverage, certain rules are not applied to transfers to retiree life insurance accounts, such as the special rules allowing the em-ployer to elect to determine the applicable employer cost for health coverage during the cost maintenance period separately for retir-ees eligible for Medicare and retirees not eli-gible for Medicare. However, a separate test is allowed for the cost of retiree group-term life insurance for retirees under age 65 and those retirees who have reached age 65. \nThe provision makes other technical and \nconforming changes to the rules for transfers \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00432 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4591 June 28, 2012 \n57Sec. 72(t). The early distribution tax also applies \nto distributions from section 403(b) plans and IRAs but does not apply to distributions from govern-mental section 457(b) plans. \n58See the explanation for section 100111 of the Con-\nference agreement for a description of the new Fed-eral Phased Retirement Program. \n59Sec. 5701. 60Sec. 265(a). to fund retiree health benefits and removes \ncertain obsolete (‘‘deadwood’’) rules. \nThe same sunset applicable to qualified \ntransfers, qualified future transfers, and col-lectively bargained transfers to retiree med-ical accounts applies to transfers to retiree life insurance accounts (i.e., no transfers can be made after December 31, 2021). \nEffective date. —The provision applies to \ntransfers made after the date of enactment. \nCONFERENCE AGREEMENT \nThe conference agreement includes the \nSenate amendment provision. \nD. Exception from Early Distribution Tax \nfor Annuities Under Phased Retirement Program \n(sec. 100111 of conference agreement and sec. \n72(t) of the Code) \nPRESENT LAW \nThe Code imposes an early distribution tax \non distributions made from qualified retire-ment plans before an employee attains age 59\n1⁄2.57The tax is equal to 10 percent of the \namount of the distribution that is includible in gross income. The 10–percent tax is in ad-dition to the taxes that would otherwise be due on distribution. Certain exceptions to the early distribution tax apply including an exception for distributions after separation from service with the employer after attain-ing age 55, or in the form of substantially equal periodic payments from the qualified retirement plan commencing after separa-tion from service at any age. However, there is no exception for annuity payments that commence before separating from service with the employer. \nHOUSE BILL \nNo provision. \nSENATE AMENDMENT \nNo provision. \nCONFERENCE AGREEMENT \nThe Senate amendment and the Conference \nagreement include a new Federal Phased Re-tirement Program under which a Federal agency may allow a full-time retirement eli-gible employee to elect to enter phased re-tirement status in accordance with regula-tions issued by the Office of Personnel Man-agement (OPM).\n58During that status, gen-\nerally, the employee’s work schedule is a percentage of a full time work schedule, and the employee receives a phased retirement annuity. At full-time retirement, the phased retiree is entitled to a composite retirement annuity that also includes the portion of the employee’s retirement annuity attributable to the reduced work schedule. The Con-ference agreement includes an exception to the early distribution tax for payments under a phased retirement annuity and a composite retirement annuity received by an employee participating in this new Federal Phased Retirement Program. \nEffective date. —The provision is effective \non the effective date of implementing regula-tions issued by OPM implementing the Fed-eral Phased Retirement Program. \nE. Additional Transfers to the Highway \nTrust Fund \n(sec. 40313 of the Senate amendment, sec. \n40251 of the conference agreement, and sec. 9503 of the Code) \nPRESENT LAW \nPublic Law No. 111–46, an Act to restore \nfunds to the Highway Trust Fund, provided that out of money in the Treasury not other-\nwise appropriated, $7 billion was appro-priated to the Highway Trust Fund effective August 7, 2009. The Hiring Incentives to Re-store Employment Act (the ‘‘HIRE Act’’) provided that out of money in the Treasury not otherwise appropriated, $14,700,000,000 is appropriated to the Highway Trust Fund and $4,800,000,000 is appropriated to the Mass Transit Account in the Highway Trust Fund. \nHOUSE BILL \nNo provision. \nSENATE AMENDMENT \nThe provision provides that out of money \nin the Treasury not otherwise appropriated, the following transfers are to be made from the General Fund to the Highway Trust Fund: $2,183 million in FY 2012, $2,277 million in FY 2013, and $510 million in FY 2014. \nEffective date.— The provision is effective \non the date of enactment. \nCONFERENCE AGREEMENT \nThe conference agreement provides that \nout of money in the Treasury not otherwise appropriated, the following transfers are to be made from the General Fund to the High-way Trust Fund: \nFY 2013 FY 2014 \nHighway Account ....................................... $6.2 billion $10.4 billion \nMass Transit Account ............................... ........................ $2.2 billion \nEffective date. —The provision is effective \non the date of enactment. \nF. Expand the Definition of a Tobacco \nManufacturer to Include Businesses Making Available Roll-Your-Own Cigarette Machines for Consumer Use \n(sec. 100116 of the Senate amendment, sec-\ntion 100112 of the conference agreement, and sec. 5702(d) of the Code) \nPRESENT LAW \nTobacco products and cigarette papers and \ntubes manufactured in the United States or imported into the United States are subject to Federal excise tax at the following rates:\n59 \nCigars weighing not more than three \npounds per thousand (‘‘small cigars’’) are taxed at the rate of $50.33 per thousand; \nCigars weighing more than three pounds \nper thousand (‘‘large cigars’’) are taxed at the rate equal to 52.75 percent of the manu-facturer’s or importer’s sales price but not more than 40.26 cents per cigar; \nCigarettes weighing not more than three \npounds per thousand (‘‘small cigarettes’’) are taxed at the rate of $50.33 per thousand ($1.0066 per pack); \nCigarettes weighing more than three \npounds per thousand (‘‘large cigarettes’’) are taxed at the rate of $105.69 per thousand, ex-cept that, if they measure more than six and one-half inches in length, they are taxed at the rate applicable to small cigarettes, counting each two and three-quarter inches (or fraction thereof) of the length of each as one cigarette; \nCigarette papers are taxed at the rate of \n3.15 cents for each 50 papers or fractional part thereof, except that, if they measure more than six and one-half inches in length, they are taxable by counting each two and three-quarter inches (or fraction thereof) of the length of each as one cigarette paper; \nCigarette tubes are taxed at the rate of 6.30 \ncents for each 50 tubes or fractional part thereof, except that, if they measure more than six and one-half inches in length, they are taxable by counting each two and three- quarter inches (or fraction thereof) of the length of each as one cigarette tube; \nSnuff is taxed at the rate of $1.51 per \npound, and proportionately at that rate on all fractional parts of a pound; Chewing tobacco is taxed at the rate of \n50.33 cents per pound, and proportionately at that rate on all fractional parts of a pound; \nPipe tobacco is taxed at the rate of $2.8311 \nper pound, and proportionately at that rate on all fractional parts of a pound; and \nRoll-your-own tobacco is taxed at the rate \nof $24.78 per pound, and proportionately at that rate on all fractional parts of a pound. \nIn general, the excise tax on tobacco prod-\nucts and cigarette papers and tubes manufac-tured in the United States comes into exist-ence when the products are manufactured and is determined and payable when the to-bacco products or cigarette papers and tubes are removed from the bonded premises of the manufacturer. ‘‘Tobacco products’’ means ci-gars, cigarettes, smokeless tobacco (snuff and chewing tobacco), pipe tobacco, and roll your own tobacco. Processed tobacco is regu-lated under the internal revenue laws but no excise tax is imposed. Tobacco products and cigarette papers and tubes may be exported from the United States without payment of tax. \nManufacturers and importers of tobacco \nproducts or processed tobacco are subject to certain permitting, bonding, reporting, and record keeping requirements. ‘‘Manufacturer of tobacco products’’ means any person who manufactures cigars, cigarettes, smokeless tobacco, pipe tobacco, or roll-your-own to-bacco. There is an exception for a person who produces these products for their own per-sonal consumption or use. \nHOUSE BILL \nNo provision. \nSENATE AMENDMENT \nThe provision amends the definition of \nmanufacturer of tobacco products to include \nany person who for commercial purposes makes available machines capable of making tobacco products for consumer use. This in-cludes making a machine available for con-sumers to produce tobacco products for per-sonal consumption or use. The addition of this provision is not intended to change the treatment of such machines under present law, or to make taxable the sale, at retail, for a consumer’s personal home use, a ma-chine designed to produce tobacco only in personal use quantities, where the machine is not used on the retail premises. \nFor purposes of imposing the tax liability, \nthe person making the machine available for consumer use is deemed to be the person making the removal with respect to any to-bacco products manufactured by the ma-chine. \nEffective date.— The provision is effective \nfor articles removed after the date of enact-ment. \nCONFERENCE AGREEMENT \nThe conference agreement includes the \nSenate amendment with the following modi-fication. The provision is modified to clarify that a person who sells a machine directly to a consumer at retail for the consumer’s per-sonal home use is not a manufacturer of to-bacco products under the provision if the machine is not used at a retail establishment and is designed to produce only personal use quantities. \nPART III—OTHER ITEMS \nA. Small Issuer Exception to Tax-Exempt In-\nterest Expense Allocation Rules for Finan-cial Institutions \n(sec. 40201 of the Senate amendment and sec. \n265 of the Code) \nPRESENT LAW \nPresent law disallows a deduction for in-\nterest on indebtedness incurred or continued to purchase or carry obligations the interest on which is exempt from tax.\n60In general, an \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00433 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4592 June 28, 2012 \n61See Rev. Proc. 72–18, 1972–1 C.B. 740. \n62Sec. 265(b)(1). A ‘‘financial institution’’ is any \nperson that (1) accepts deposits from the public in the ordinary course of such person’s trade or busi-ness and is subject to Federal or State supervision as a financial institution or (2) is a corporation de-scribed by section 585(a)(2). Sec. 265(b)(5). \n63Sec. 265(b)(3). \n64Secs. 265(b)(3)(A), 291(a)(3) and 291(e)(1). \n65Sec. 265(b)(3)(C). \n66Sec. 265(b)(3)(E). \n67Sec. 265(b)(3)(F). 68Sec. 57(a)(5). 69Sec. 56(g)(4)(B). interest deduction is disallowed only if the \ntaxpayer has a purpose of using borrowed funds to purchase or carry tax-exempt obli-gations; a determination of the taxpayer’s purpose in borrowing funds is made based on all of the facts and circumstances.\n61 \nFinancial institutions \nIn the case of a financial institution, the \nCode generally disallows that portion of the taxpayer’s interest expense that is allocable to tax-exempt interest.\n62The amount of in-\nterest that is disallowed is an amount which bears the same ratio to such interest expense as the taxpayer’s average adjusted bases of tax-exempt obligations acquired after Au-gust 7, 1986, bears to the average adjusted bases for all assets of the taxpayer. \nException for certain obligations of qualified \nsmall issuers \nThe general rule in section 265(b), denying \nfinancial institutions’ interest expense de-ductions allocable to tax-exempt obligations, does not apply to ‘‘qualified tax-exempt obli-gations.’’\n63Instead, as discussed in the next \nsection, only 20 percent of the interest ex-pense allocable to ‘‘qualified tax-exempt ob-ligations’’ is disallowed.\n64A ‘‘qualified tax- \nexempt obligation’’ is a tax-exempt obliga-tion that is (1) issued after August 7, 1986, by a qualified small issuer, (2) not a private ac-tivity bond, and (3) designated by the issuer as qualifying for the exception from the gen-eral rule of section 265(b). \nA ‘‘qualified small issuer’’ is an issuer that \nreasonably anticipates that the amount of tax-exempt obligations that it will issue dur-ing the calendar year will be $10 million or less.\n65The Code specifies the circumstances \nunder which an issuer and all subordinate entities are aggregated.\n66For purposes of the \n$10 million limitation, an issuer and all enti-ties that issue obligations on behalf of such issuer are treated as one issuer. All obliga-tions issued by a subordinate entity are treated as being issued by the entity to which it is subordinate. An entity formed (or availed of) to avoid the $10 million limita-tion and all entities benefiting from the de-vice are treated as one issuer. \nComposite issues (i.e., combined issues of \nbonds for different entities) qualify for the ‘‘qualified tax-exempt obligation’’ exception only if the requirements of the exception are met with respect to (1) the composite issue as a whole (determined by treating the com-posite issue as a single issue) and (2) each separate lot of obligations that is part of the issue (determined by treating each separate lot of obligations as a separate issue).\n67Thus \na composite issue may qualify for the excep-tion only if the composite issue itself does not exceed $10 million, and if each issuer benefitting from the composite issue reason-ably anticipates that it will not issue more than $10 million of tax-exempt obligations during the calendar year, including through the composite arrangement. \nSpecial rules providing modifications to quali-\nfied small issuer exception for certain issues in 2009 and 2010 \nWith respect to tax-exempt obligations \nissued during 2009 and 2010, the special rules increased from $10 million to $30 million the annual limit for qualified small issuers. In addition, in the case of a ‘‘qualified fi-\nnancing issue’’ issued in 2009 or 2010, the spe-cial rules applied the $30 million annual vol-ume limitation at the borrower level (rather than at the level of the pooled financing issuer). Thus, for the purpose of applying the requirements of the section 265(b)(3) quali-fied small issuer exception, the portion of the proceeds of a qualified financing issue that are loaned to a ‘‘qualified borrower’’ \nthat participates in the issue were treated as a separate issue with respect to which the qualified borrower is deemed to be the issuer. \nA ‘‘qualified financing issue’’ was any com-\nposite, pooled, or other conduit financing issue the proceeds of which were used di-rectly or indirectly to make or finance loans to one or more ultimate borrowers all of whom are qualified borrowers. A ‘‘qualified borrower’’ meant (1) a State or political sub-division of a State or (2) an organization de-scribed in section 501(c)(3) and exempt from tax under section 501(a). Thus, for example, a $100 million pooled financing issue that was issued in 2009 would qualify for the section 265(b)(3) exception if the proceeds of such issue were used to make four equal loans of $25 million to four qualified borrowers. How-ever, if (1) more than $30 million were loaned to any qualified borrower, (2) any borrower were not a qualified borrower, or (3) any bor-rower would, if it were the issuer of a sepa-rate issue in an amount equal to the amount loaned to such borrower, fail to meet any of the other requirements of section 265(b)(3), the entire $100 million pooled financing issue failed to qualify for the exception. \nFor purposes of determining whether an \nissuer meets the requirements of the small issuer exception, under the special rules, qualified 501(c)(3) bonds issued in 2009 or 2010 were treated as if they were issued by the 501(c)(3) organization for whose benefit they were issued (and not by the actual issuer of such bonds). In addition, in the case of an or-ganization described in section 501(c)(3) and exempt from taxation under section 501(a), requirements for ‘‘qualified financing issues’’ were applied as if the section 501(c)(3) organi-zation were the issuer. Thus, in any event, an organization described in section 501(c)(3) and exempt from taxation under section 501(a) was limited to the $30 million per issuer cap for qualified tax exempt obliga-tions described in section 265(b)(3). \nHOUSE BILL \nNo provision. \nSENATE AMENDMENT \nThe provision extends the special rules \nproviding modifications to the qualified small issuer exception to bonds issued after June 30, 2012 and before July 1, 2013. \nEffective date. —The provision is effective \nfor obligations issued after June 30, 2012. \nCONFERENCE AGREEMENT \nThe conference agreement does not include \nthe Senate amendment provision. \nB. Temporary Modification of Alternative \nMinimum Tax Limitations on Tax-Exempt Bonds (sec. 40202 of the Senate amendment and secs. 56 and 57 of the Code) \nPRESENT LAW \nPresent law imposes an alternative min-\nimum tax (‘‘AMT’’) on individuals and cor-porations. AMT is the amount by which the tentative minimum tax exceeds the regular income tax. The tentative minimum tax is computed based upon a taxpayer’s alter-native minimum taxable income (‘‘AMTI’’). AMTI is the taxpayer’s taxable income modi-fied to take into account certain preferences and adjustments. One of the preference items is tax-exempt interest on certain tax-exempt bonds issued for private activities.\n68Also, in the case of a corporation, an adjustment \nbased on current earnings is determined, in part, by taking into account 75 percent of certain items, including tax-exempt interest, excluded from taxable income but included in the corporation’s earnings and profits.\n69 \nThe American Recovery and Reinvestment \nAct of 2009 (‘‘2009 Act’’) provided that tax-ex-empt interest on private activity bonds issued in 2009 and 2010 is not an item of tax preference for purposes of the AMTI and in-terest on tax exempt bonds issued in 2009 and 2010 is not included in the corporate adjust-ment based on current earnings. \nFor these purposes, a refunding bond gen-\nerally is treated as issued on the date of the issuance of the refunded bond (or in the case of a series of refundings, the original bond). However, the 2009 Act provided that tax-ex-empt interest on bonds issued in 2009 and 2010 to currently refund a bond issued after De-cember 31, 2003, and before January 1, 2009, is not an item of tax preference for purposes of the AMT and is not included in the corporate adjustment based on current earnings. \nHOUSE BILL \nNo provision. \nSENATE AMENDMENT \nThe provision provides that tax-exempt in-\nterest on private activity bonds issued after the date of enactment and before January 1, 2013, is not an item of tax preference for pur-poses of the AMT and interest on tax exempt bonds issued during this period is not in-cluded in the corporate adjustment based on current earnings. For these purposes, a re-funding bond is treated as issued on the date of the issuance of the refunded bond (or in the case of a series of refundings, the origi-nal bond). \nEffective date. —The provision applies to in-\nterest on bonds issued after the date of en-actment. \nCONFERENCE AGREEMENT \nThe conference agreement does not include \nthe Senate amendment provision. \nC. Issuance of TRIP Bonds by State Infra-\nstructure Banks (sec. 40203 of the Senate amendment) \nPRESENT LAW \nThere are no Code provisions for the \nissuance of transportation and regional in-frastructure project (‘‘TRIP’’) bonds. \nHOUSE BILL \nNo provision. \nSENATE AMENDMENT \nThe provision amends Title 23 to provide \nthat a State, through a State infrastructure bank, may issue TRIP bonds and deposit the proceeds from such bonds into a TRIP bond account of the bank. A ‘‘TRIP bond’’ means any bond issued as part of an issue if (1) 100 percent of the available project proceeds of such issue are to be used for expenditures in-curred after the date of enactment for one or more qualified projects pursuant to an allo-cation of such proceeds to such project or projects by a State infrastructure bank, (2) the bond is issued by a State infrastructure bank and is in registered form (within the meaning of section 149 of the Internal Rev-enue Code), (3) the State infrastructure bank designates such bond for purposes of the pro-vision and (4) the term of each bond that is part of such issue does not exceed 30 years. A ‘‘qualified project’’ means the capital im-provements to any transportation infra-structure project of any governmental unit or other person, including roads, bridges, rail and transit systems, ports and, inland water-ways proposed and approved by a State infra-structure bank, but does not include costs of \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00434 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4593 June 28, 2012 \n70Secs. 132(f), 3121(b)(2), and 3306(b)(16) and \n3401(a)(19). \n71Pub. L. No. 111–5. \n72Pub. L. No. 111–312. 73Sec. 141(e). \n74Sec. 142(a). 75Sec. 4064. \n76Sec. 4064(b)(1)(A). \n77‘‘Passport Act of 1926,’’ 22 U.S.C. sec. 211a, et seq. operations or maintenance with respect to \nsuch project. \nThe provision requires a State to develop a \ntransparent and competitive process for the award of funds deposited into the TRIP bond account that considers the impact of quali-fied projects on the economy, the environ-ment, state of good repair, and equity. The requirements of any Federal law, including Title 23 and Titles 40 and 49, which would otherwise apply to projects to which the United States is a party or to funds made available under such law and projects as-sisted with those funds shall apply to (1) funds made available under the TRIP bond account for similar qualified projects and (2) similar qualified projects assisted through the use of such funds. \nEffective date. —The provision is effective \non the date of enactment. \nCONFERENCE AGREEMENT \nThe conference agreement does not include \nthe Senate amendment provision. \nD. Mass Transit and Parking Benefits (sec. \n40204 of the Senate amendment, and sec. 132(f) of the Code) \nPRESENT LAW \nQualified transportation fringe benefits \nprovided by an employer are excluded from an employee’s gross income for income tax purposes and from an employee’s wages for payroll tax purposes.\n70Qualified transpor-\ntation fringe benefits include parking, tran-sit passes, vanpool benefits, and qualified bi-cycle commuting reimbursements. No amount is includible in the income of an em-ployee merely because the employer offers the employee a choice between cash and qualified transportation fringe benefits (other than a qualified bicycle commuting reimbursement). Qualified transportation fringe benefits also include a cash reimburse-ment by an employer to an employee. In the case of transit passes, however, a cash reim-bursement is considered a qualified transpor-tation fringe benefit only if a voucher or similar item which may be exchanged only for a transit pass is not readily available for direct distribution by the employer to the employee. \nPrior to February 17, 2009, the amount that \ncould be excluded as qualified transportation fringe benefits was limited to $100 per month in combined vanpooling and transit pass ben-efits and $175 per month in qualified parking benefits. All limits are adjusted annually for inflation, using 1998 as the base year (for 2012 the limits are $125 and $240, respectively). The American Recovery and Reinvestment Act of 2009\n71provided parity in qualified \ntransportation fringe benefits by tempo-rarily increasing the monthly exclusion for employer-provided vanpool and transit pass benefits to the same level as the exclusion for employer-provided parking, effective for months beginning on or after the date of en-actment (February 17, 2009) and before Janu-ary 1, 2011. The Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010\n72extended the parity in qualified \ntransportation fringe benefits through De-cember 31, 2011. \nEffective January 1, 2012, the amount that \ncould be excluded as qualified transportation fringe benefits is limited to $125 per month in combined vanpooling and transit pass ben-\nefits and $240 per month in qualified parking benefits. \nHOUSE BILL \nNo provision. \nSENATE AMENDMENT \nThe Senate amendment extends the parity \nin qualified transportation fringe benefits for the entirety of 2012. In order for the ex-\ntension to be effective retroactive to Janu-ary 1, 2012, it is intended that expenses in-curred prior to enactment by an employee for employer-provided vanpool and transit benefits may be reimbursed by employers on a tax free basis to the extent they exceed $125 per month and are less than $240 per month, but only to the extent that such amount has not already been excluded from such employee’s taxable compensation. \nEffective date. —The provision in the Senate \namendment is effective for months after De-cember 31, 2011. \nCONFERENCE AGREEMENT \nThe conference agreement does not include \nthe Senate amendment provision. \nE. Private Activity Volume Cap Exemption \nfor Sewage and Water Facility Bonds (sec. 40205 of the Senate amendment and sec. 146(g) of the Code) \nIn general \nSubject to certain Code restrictions, inter-\nest on bonds issued by State and local gov-ernment generally is excluded from gross in-come for Federal income tax purposes. Bonds issued by State and local governments may be classified as either governmental bonds or private activity bonds. Governmental bonds are bonds the proceeds of which are pri-marily used to finance governmental func-tions or which are repaid with governmental funds. Private activity bonds are bonds in which the State or local government serves as a conduit providing financing to non-governmental persons. For this purpose, the term ‘‘nongovernmental person’’ generally includes the Federal Government and all other individuals and entities other than State or local governments. The exclusion from income for interest on State and local bonds does not apply to private activity bonds, unless the bonds are issued for certain permitted purposes (‘‘qualified private activ-ity bonds’’) and other Code requirements are met. \nQualified private activity bonds \nInterest on private activity bonds is tax-\nable unless the bonds meet the requirements for qualified private activity bonds. Quali-fied private activity bonds permit States or local governments to act as conduits pro-viding tax-exempt financing for certain pri-vate activities. The definition of qualified private activity bonds includes an exempt fa-cility bond, or qualified mortgage, veterans’ mortgage, small issue, redevelopment, quali-fied 501(c)(3), or student loan bond.\n73The def-\ninition of exempt facility bond includes bonds issued to finance certain transpor-tation facilities (airports, ports, mass com-muting, and high-speed intercity rail facili-ties); qualified residential rental projects; privately owned and/or operated utility fa-cilities (sewage, water, solid waste disposal, and local district heating and cooling facili-ties, certain private electric and gas facili-ties, and hydroelectric dam enhancements); public/private educational facilities; quali-fied green building and sustainable design projects; and qualified highway or surface freight transfer facilities.\n74 \nIn most cases, the aggregate volume of \nthese tax-exempt private activity bonds is restricted by annual aggregate volume lim-its imposed on bonds issued by issuers within each State. Certain types of private activity bonds are exempted from the annual volume limits. \nFor calendar year 2012, the State volume \ncap, which is indexed for inflation, equals $95 per resident of the State, or $284,560,000, whichever is greater. HOUSE BILL \nNo provision. \nSENATE AMENDMENT \nThe provision exempts two types of exempt \nfacility bonds from the annual private activ-ity volume limits. The newly-exempted bonds are exempt facility bonds for sewage and water facilities. \nThe provision only applies to bonds issued \nbefore January 1, 2018. \nEffective date .—The provision is effective \nfor bonds issued after the date of enactment. \nCONFERENCE AGREEMENT \nThe conference agreement does not include \nthe Senate amendment provision. \nF. Dedication of Gas Guzzler Tax to the \nHighway Trust Fund (sec. 40303 of the Sen-ate amendment and sec. 9503 of the Code) \nPRESENT LAW \nUnder present law, the Code imposes a tax \n(‘‘the gas guzzler tax’’) on automobiles that are manufactured primarily for use on public streets, roads, and highways and that are rated at 6,000 pounds unloaded gross vehicle weight or less.\n75The tax is imposed on the \nsale by the manufacturer of each automobile of a model type with a fuel economy of 22.5 miles per gallon or less. The tax range begins at $1,000 and increases to $7,700 for models with a fuel economy less than 12.5 miles per gallon. \nEmergency vehicles and non-passenger \nautomobiles are exempt from the tax. The tax also does not apply to non-passenger automobiles. The Secretary of Transpor-tation determines which vehicles are ‘‘non- passenger’’ automobiles, thereby exempting these vehicles from the gas guzzler tax based on regulations in effect on the date of enact-ment of the gas guzzler tax.\n76Hence, vehicles \ndefined in Title 49 C.F.R. sec. 523.5 (relating to light trucks) are exempt. These vehicles include those designed to transport property on an open bed (e.g., pick-up trucks) or pro-vide greater cargo-carrying than passenger carrying volume including the expanded cargo-carrying space created through the re-moval of readily detachable seats (e.g., pick- up trucks, vans, and most minivans, sports utility vehicles, and station wagons). Addi-tional vehicles that meet the ‘‘non-pas-senger’’ requirements are those with at least four of the following characteristics: (1) an angle of approach of not less than 28 degrees; (2) a breakover angle of not less than 14 de-grees; (3) a departure angle of not less than 20 degrees; (4) a running clearance of not less than 20 centimeters; and (5) front and rear axle clearances of not less than 18 centi-meters each. These vehicles would include many sports utility vehicles. \nHOUSE BILL \nNo provision. \nSENATE AMENDMENT \nThe provision requires that amounts equiv-\nalent to the gas guzzler taxes received in the Treasury be transferred to the Highway Trust Fund. \nEffective date.— The provision is effective \non the date of enactment. \nCONFERENCE AGREEMENT \nThe conference agreement does not include \nthe Senate amendment provision. \nG. Revocation or Denial of Passport in Case \nof Certain Unpaid Taxes (sec. 40304 of the Senate amendment and new secs. 7345 and 6103(l)(23) of the Code) \nPRESENT LAW \nThe administration of passports is the re-\nsponsibility of the Department of State.77 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00435 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4594 June 28, 2012 \n78Sec. 6103. \n79Sec. 6103(l)(3). \n80Sec. 6103(l)(22). \n81Sec. 6331(a). Levy specifically refers to the legal \nprocess by which the IRS orders a third party to turn over property in its possession that belongs to the delinquent taxpayer named in a notice of levy. \n82Ibid. \n83Sec. 6334. \n84Sec. 6331(d). \n85Sec. 6330. The notice and the hearing are referred \nto collectively as the CDP requirements. \n86Secs. 6331(e) and 6343. \n87Sec. 6321. \n88Secs. 6331(d)(3), 6861. \n89Sec. 6330(f). \n90Pub. L. No. 105–34. \n91Sec. 6331(h)(3). The word ‘‘property’’ was added \nto ‘‘goods or services’’ in section 301 of the ‘‘3% Withholding Repeal and Job Creation Act,’’ Pub. L. No. 112–56. 92Government Accountability Office, Medicare: \nThousands of Medicare Providers Abuse the Federal Tax System (GAO–08–618), June 13, 2008. \n93Ibid., p. 4. \n94Ibid. \n95Medicare Improvement for Patients and Pro-\nviders Act of 2008, Pub. L. No. 110–275, sec. 189. State may refuse to issue or renew a pass-\nport if the applicant owes child support in excess of $2,500 or owes certain types of Fed-eral debts, such as expenses incurred in pro-viding assistance to an applicant to return to the United States. The scope of this au-thority does not extend to rejection or rev-ocation of a passport on the basis of delin-quent Federal taxes. Issuance of a passport does not require the applicant to provide a social security number or taxpayer identi-fication number. \nReturns and return information are con-\nfidential and may not be disclosed by the IRS, other Federal employees, State employ-ees, and certain others having access to such information except as provided in the Inter-nal Revenue Code.\n78There are a number of \nexceptions to the general rule of nondisclo-sure that authorize disclosure in specifically identified circumstances, including disclo-sure of information about federal tax debts for purposes of reviewing an application for a Federal loan\n79and for purposes of enhancing \nthe integrity of the Medicare program.80 \nHOUSE PROVISION \nNo provision. \nSENATE AMENDMENT \nIf the Commissioner of Internal Revenue \ncertifies to the Secretary of the Treasury the identity of persons who have seriously delin-quent Federal taxes, the Secretary of Treas-ury or his delegate is authorized to transmit such certification to the Secretary of State for use in determining whether to issue, renew, or revoke a passport. Applicants whose names are included on the certifi-cations provided to the Secretary of State are ineligible for a passport. The provision bars the Secretary of State from issuing a passport to any individual who has a seri-ously delinquent tax debt. It also requires revocation of a passport previously issued to any such individual. Exceptions are per-mitted for emergency or humanitarian cir-cumstances, as well as short term use of a passport for return travel to the United States by the delinquent taxpayer. \nA seriously delinquent tax debt generally \nincludes any outstanding debt for Federal tax in excess of $50,000, including interest and any penalties, for which a notice of lien or a notice of levy has been filed. This amount is to be adjusted for inflation annu-ally, using calendar year 2011, and a cost-of- living adjustment. Even if a tax debt other-wise meets the statutory threshold, it may not be considered seriously delinquent if (1) the debt is being paid in a timely manner pursuant to an installment agreement or offer-in-compromise, or (2) collection action with respect to the debt is suspended because a collection due process hearing or innocent spouse relief has been requested or is pend-ing. \nEffective date.— The provision is effective \non January 1, 2013. \nCONFERENCE AGREEMENT \nThe conference agreement does not include \nthe Senate amendment provision. \nH. 100 Percent Continuous Levy on Pay-\nments to Medicare Providers and Suppliers (sec. 40305 of the Senate amendment and sec. 6331(h) of the Code) \nPRESENT LAW \nIn general \nLevy is the administrative authority of the \nIRS to seize a taxpayer’s property, or rights to property, to pay the taxpayer’s tax liabil-ity.\n81Generally, the IRS is entitled to seize a taxpayer’s property by levy if a Federal \ntax lien has attached to such property,82the \nproperty is not exempt from levy,83and the \nIRS has provided both notice of intention to levy\n84and notice of the right to an adminis-\ntrative hearing (the notice is referred to as a ‘‘collections due process notice’’ or ‘‘CDP no-tice’’ and the hearing is referred to as the ‘‘CDP hearing’’)\n85at least 30 days before the \nlevy is made. A levy on salary or wages gen-erally is continuously in effect until re-leased.\n86A Federal tax lien arises automati-\ncally when: (1) a tax assessment has been made; (2) the taxpayer has been given notice of the assessment stating the amount and demanding payment; and (3) the taxpayer \nhas failed to pay the amount assessed within 10 days after the notice and demand.\n87 \nThe notice of intent to levy is not required \nif the Secretary finds that collection would be jeopardized by delay. The standard for de-termining whether jeopardy exists is similar to the standard applicable when determining whether assessment of tax without following the normal deficiency procedures is per-mitted.\n88 \nThe CDP notice (and pre-levy CDP hearing) \nis not required if: (1) the Secretary finds that collection would be jeopardized by delay; (2) the Secretary has served a levy on a State to collect a Federal tax liability from a State tax refund; (3) the taxpayer subject to the levy requested a CDP hearing with respect to unpaid employment taxes arising in the two- year period before the beginning of the tax-able period with respect to which the em-ployment tax levy is served; or (4) the Sec-retary has served a Federal contractor levy. In each of these four cases, however, the tax-payer is provided an opportunity for a hear-ing within a reasonable period of time after the levy.\n89 \nFederal payment levy program \nTo help the IRS collect taxes more effec-\ntively, the Taxpayer Relief Act of 199790au-\nthorized the establishment of the Federal Payment Levy Program (‘‘FPLP’’), which al-lows the IRS to continuously levy up to 15 percent of certain ‘‘specified payments’’ by the Federal government if the payees are de-linquent on their tax obligations. With re-spect to payments to vendors of goods, serv-ices, or property sold or leased to the Fed-eral government, the continuous levy may be up to 100 percent of each payment.\n91The levy \n(either up to 15 percent or up to 100 percent) generally continues in effect until the liabil-ity is paid or the IRS releases the levy. \nUnder FPLP, the IRS matches its accounts \nreceivable records with Federal payment records maintained by the Department of the Treasury’s Financial Management Service (‘‘FMS’’), such as certain Social Security benefit and Federal wage records. When these records match, the delinquent tax-payer is provided both the notice of inten-tion to levy and the CDP notice. If the tax-payer does not respond after 30 days, the IRS can instruct FMS to levy the taxpayer’s Fed-eral payments. Subsequent payments are continuously levied until such time that the tax debt is paid or the IRS releases the levy. Payments to Medicare Providers \nIn 2008, the Government Accountability Of-\nfice (‘‘GAO’’) found that over 27,000 Medicare providers (i.e., about six percent of all such providers) owed more than $2 billion of tax debt, consisting largely of individual income and payroll taxes.\n92In one case, a home \nhealth company received over $15 million in Medicare payments but did not pay $7 mil-lion in federal taxes.\n93As of 2008, the Centers \nfor Medicare & Medicaid Services (‘‘CMS’’) had not incorporated most of its Medicare payments into the continuous levy program, despite the IRS authority to continuously levy up to 15 percent of these payments. Thus, for calendar year 2006, the government lost the chance to possibly collect over $140 million in unpaid Federal taxes.\n94The GAO \nnoted that CMS officials promised to incor-porate about 60 percent of all Medicare fee- for-service payments into the levy program by October 2008 and the remaining 40 percent in the next several years. \nFollowing the GAO study, Congress di-\nrected CMS to participate in the FPLP and ensure that all Medicare provider and sup-plier payments are processed through it, in specified graduated percentages, by the end of fiscal year 2011.\n95 \nHOUSE PROVISION \nNo provision. \nSENATE AMENDMENT \nThe provision allows Treasury to levy up \nto 100 percent of a payment to a Medicare provider to collect unpaid taxes. \nEffective date.— The provision is effective \nfor payments made after the date of enact-ment. \nCONFERENCE AGREEMENT \nThe conference agreement does not include \nthe Senate amendment provision. \nI. Appropriation to the Highway Trust Fund \nof Amounts Attributable to Certain Duties on Imported Vehicles (sec. 40306 of the Sen-ate amendment) \nPRESENT LAW \nCustoms duties are deposited into the gen-\neral fund of the Treasury of the United States. This includes customs duties col-lected on imported vehicles classified under Chapter 87 of the Harmonized Tariff Sched-ule of the United States. \nHOUSE BILL \nNo provision. \nSENATE AMENDMENT \nThe provision would appropriate from the \nGeneral Fund and deposit into the Highway Trust Fund amounts equivalent to amounts received in the General Fund, for FY 2012 through FY 2016, on articles classified under subheadings 8703.22.00 and 8703.24.00 of Chap-ter 87. \nEffective date.— The provision is effective \non the date of enactment. \nCONFERENCE AGREEMENT \nThe conference agreement does not include \nthe Senate amendment provision. \nJ. Treatment of Securities of a Controlled \nCorporation Exchanged for Assets in Cer-tain Reorganizations (sec. 40307 of the Sen-ate amendment and sec. 361 of the Code) \nPRESENT LAW \nThe transfer of assets by a transferor cor-\nporation to another corporation, controlled (immediately after the transfer) by the \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00436 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4595 June 28, 2012 \n96Secs. 355 and 368(a)(1)(D). Section 355 imposes re-\nquirements for a qualified spin-off, split-off, or split- up. Among other requirements, in order for a trans-action to qualify under section 355, the distributing corporation must either (i) distribute all of the stock and securities of the controlled corporation that it holds, or (ii) distribute at least an amount of stock constituting control under section 368(c) and establish to the satisfaction of the Secretary of the Treasury that the retention of stock (or stock and securities) was not in pursuance of a plan having as one of its principal purposes the avoidance of Fed-eral income tax. Sec. 355(a)(1)(D). Section 355 im-poses other requirements to avoid gain recognition at the corporate level with respect to the spin-off, split-up, or split-off, e.g., secs. 355(d) and (e). \n97Sec. 361(a). \n98Sec. 361(b). \n99The last sentence of sec. 361(b)(3). \n100Sec. 357(c) and the last sentence of sec. 361(b)(3). 101Section 351(g)(2) defines nonqualified preferred \nstock as preferred stock if (i) the holder has a right to require the issuer or a related person to redeem or purchase the stock, which right may be exercised within the 20 year period beginning on the issue date and is not subject to a contingency which, as of the issue date, makes remote the likelihood of redemp-tion or purchase; (ii) the issuer or a related person is required to redeem or purchase the stock (within such 20 year period and not subject to such a contin-gency); (iii) the issuer or a related person has the right to redeem or purchase the stock (which right is exercisable within such 20 year period and not subject to such a contingency) and as of the issue date, it is more likely than not that such right will be exercised, or (iv) the dividend on such stock var-ies in whole or in part (directly or indirectly) with reference to interest rates, commodity prices, or other similar indices. There are exceptions for cer-tain rights that are exercisable only on the death, disability or mental incompetency of the holder, or only upon the separation from service of a service provider who received the right as reasonable com-pensation for services, and for certain situations in-volving publicly traded stock. Nonqualified pre-ferred stock is treated in the same manner as securi-ties under section 351 and thus is not qualified con-sideration that may be received tax free by a con-tributing shareholder. Sections 354(a)(2)(C) and 356(e) treat nonqualified preferred stock as taxable consideration if received in exchange for stock by shareholders of a corporation that itself is a party to a reorganization (except to the extent received in exchange for other nonqualified preferred stock); and section 355 contains a similar rule (sec. 355(a)(3)(D)). \n102Sec. 6331(a). Levy specifically refers to the legal \nprocess by which the IRS orders a third party to turn over property in its possession that belongs to the delinquent taxpayer named in a notice of levy. \n103Ibid. \n104Sec. 6334. \n105Sec. 6331(d). \n106Sec. 6330. The notice and the hearing are re-\nferred to collectively as the CDP requirements. \n107Secs. 6331(e) and 6343. \n108Sec. 6321. \n109Secs. 6331(d)(3) and 6861. \n110Sec. 6330(f). \n1115 U.S.C. sec. 8437(e)(3). transferor or one or more of its shareholders, \nqualifies as a tax-free reorganization if the transfer is made by one corporation (‘‘dis-tributing’’) to a controlled subsidiary cor-poration (‘‘controlled’’), followed by the dis-tribution of the stock and securities of the controlled subsidiary in a divisive spin-off, split-off, or split-up which meets the require-ments of section 355, including an active business requirement and a requirement that the transaction is not used principally as a device for the distribution of earnings and profits (‘‘divisive D reorganization’’).\n96 \nNo gain or loss is recognized to a corpora-\ntion if the corporation is a party to a reorga-nization and exchanges property, in pursu-ance of the plan of reorganization, solely for stock or securities in another corporation that is a party to the reorganization.\n97If \nproperty other than stock or securities is re-ceived (‘‘other property’’), the transferor cor-poration recognizes gain (if any) to the ex-tent the other property is not distributed.\n98 \nIn addition, in a divisive D reorganization, \nif there is a transfer to the transferor cor-poration’s creditors of money or other prop-erty received from the controlled corpora-tion in the exchange in connection with the reorganization, the transferor distributing corporation recognizes gain to the extent the sum of the money and the fair market value of the other property exceeds the adjusted bases of the assets transferred (reduced by the amount of liabilities assumed by the \ntransferee under section 357(c)).\n99Thus, such \na transfer to creditors is aggregated with other assumptions of the transferor corpora-tion’s liabilities by the transferee, and the transferor corporation recognizes gain to the extent this aggregate amount exceeds the adjusted basis of assets transferred.\n100 \nFor example, if in a divisive D reorganiza-\ntion the controlled corporation either (1) di-rectly assumes the debt of the distributing corporation, or (2) borrows and distributes cash to the distributing corporation to pay the distributing corporation’s creditors, such debt assumption or cash distribution is treated as money received by the distrib-uting corporation, and the aggregate amount of such debt assumptions and distributions is taxable to the extent it exceeds the distrib-uting corporation’s basis in the assets trans-ferred to the controlled corporation. How-ever, if the controlled corporation issues its own debt securities and such securities are distributed to the creditors of the distrib-uting corporation, the controlled corpora-tion’s debt securities are not treated as money or other property received by the dis-tributing corporation. Thus, the distributing corporation could use the controlled corpora-tion’s securities to retire the distributing corporation’s own debt, recognize no gain, and be in the same economic position as if its debt had been directly assumed by the controlled corporation or as if it had retired its debt with cash received from the con-trolled corporation. In addition, to the ex-tent that such debt securities of the con-\ntrolled corporation are permitted to be re-tained by the distributing corporation, such securities are not treated as taxable prop-erty. \nHOUSE BILL \nNo provision. \nSENATE AMENDMENT \nUnder the Senate amendment, in the case \nof a divisive D reorganization, no gain or loss is recognized to a corporation if the corpora-tion is a party to a reorganization and ex-changes property, in pursuance of the plan of reorganization, solely for stock other than nonqualified preferred stock (as defined in section 351(g)(2)).\n101Thus, under the provi-\nsion, securities and nonqualified preferred stock are treated as ‘‘other property.’’ \nThe transferor corporation’s gain on the \nexchange is recognized to the extent of the sum of money and the value of other prop-erty, including securities and nonqualified preferred stock, not distributed in pursuance of the plan of reorganization. A distribution to creditors of the transferor corporation is not treated as a distribution for this pur-pose. \nThe value of controlled corporation securi-\nties or nonqualified preferred stock trans-ferred to creditors of the distributing cor-poration is treated in the same manner as a direct assumption of distributing corpora-tion’s debt by the controlled corporation, or as a distribution of cash (or other non-qualified property) from the controlled cor-poration that is paid to the distributing cor-poration’s creditors, so that the distributing corporation recognizes gain on the exchange to the extent that the sum of such amounts exceeds the adjusted bases of the assets transferred \nEffective date.— The provision generally ap-\nplies to exchanges occurring after the date of enactment. \nHowever, the provision does not apply to \nany exchange in connection with a trans-action which is (1) made pursuant to a writ-ten agreement which was binding on Feb-ruary 6, 2012 and at all times thereafter, (2) described in a ruling request submitted to the IRS on or before such date, or (3) de-scribed on or before such date in a public an-nouncement or in a filing with the Securities and Exchange Commission. CONFERENCE AGREEMENT \nThe conference agreement does not include \nthe Senate amendment provision. \nK. Internal Revenue Service Levies and \nThrift Savings Plan Accounts (sec. 40308 of the Senate amendment) \nPRESENT LAW \nIn general \nLevy is the IRS’s administrative authority \nto seize a taxpayer’s property, or rights to property, to pay the taxpayer’s tax liabil-ity.\n102Generally, the IRS is entitled to seize \na taxpayer’s property by levy if a Federal tax lien has attached to such property,\n103the \nproperty is not exempt from levy,104and the \nIRS has provided both notice of intention to levy\n105and notice of the right to an adminis-\ntrative hearing (the notice is referred to as a ‘‘collections due process notice’’ or ‘‘CDP no-tice’’ and the hearing is referred to as the ‘‘CDP hearing’’)\n106at least 30 days before the \nlevy is made. A levy on salary or wages is generally continuously in effect until re-leased.\n107A Federal tax lien arises automati-\ncally when: (1) a tax assessment has been made; (2) the taxpayer has been given notice of the assessment stating the amount and demanding payment; and (3) the taxpayer has failed to pay the amount assessed within 10 days after the notice and demand.\n108 \nThe notice of intent to levy is not required \nif the Secretary finds that collection would be jeopardized by delay. The standard for de-termining whether jeopardy exists is similar to the standard applicable when determining whether assessment of tax without following the normal deficiency procedures is per-mitted.\n109 \nThe CDP notice (and pre-levy CDP hearing) \nis not required if: (1) the Secretary finds that collection would be jeopardized by delay; (2) the Secretary has served a levy on a State to collect a Federal tax liability from a State tax refund; (3) the taxpayer subject to the levy requested a CDP hearing with respect to unpaid employment taxes arising in the two- year period before the beginning of the tax-able period with respect to which the em-ployment tax levy is served; or (4) the Sec-retary has served a Federal contractor levy. In each of these four cases, however, the tax-payer is provided an opportunity for a hear-ing within a reasonable period of time after the levy.\n110 \nThrift Savings Plan \nPresent law includes an anti-alienation \nrule that provides that the balance of an em-ployee’s Thrift Savings Plan (‘‘TSP’’) Ac-count is subject to taking only for the en-forcement of one’s obligations to provide for child support or alimony payments, restitu-tion orders, certain forfeitures, or certain obligations of the Executive Director.\n111The \nauthority for the IRS to levy an employee’s TSP Account to satisfy tax liabilities is not mentioned in the anti-alienation rule; TSP Accounts are not specifically enumerated in the Code provisions identifying property that is exempt from levy. \nHOUSE PROVISION \nNo provision. \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00437 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4596 June 28, 2012 \n112Sec. 168. \n113Rev. Proc. 87–56, 1987–42 I.R.B. 4. \n114Ibid. The longest MACRS recovery period is 50 \nyears and applies to railroad gradings and tunnel bores. Sec. 168(c). \n115Secs. 197(d)(1)(D) and (F). The 15–year amortiza-\ntion provision does not apply to various types of rights, including any interest in land. Sec. 197(e)(2). \n116Sec. 141. \n117Sec. 147(e). 118Sec. 7701(e). \n119Secs. 3101 and 3111. \n120Sec. 1401. \n121Sec. 101(a)(1). In the case of certain accelerated \ndeath benefits and viatical settlements, special rules treat certain amounts as amounts paid by reason of the death of an insured (that is, generally, exclud-able from income). Sec. 101(g). The rules relating to accelerated death benefits provide that amounts treated as paid by reason of the death of the insured include any amount received under a life insurance contract on the life of an insured who is a termi-nally ill individual, or who is a chronically ill indi-vidual (provided certain requirements are met). For this purpose, a terminally ill individual is one who has been certified by a physician as having an ill-ness or physical condition which can reasonably be expected to result in death in 24 months or less after the date of the certification. A chronically ill indi-vidual is one who has been certified by a licensed health care practitioner within the preceding 12– month period as meeting certain ability-related re-quirements. In the case of a viatical settlement, if any portion of the death benefit under a life insur-ance contract on the life of an insured who is termi-nally ill or chronically ill is sold to a viatical settle-ment provider, the amount paid for the sale or as-signment of that portion is treated as an amount paid under the life insurance contract by reason of the death of the insured (that is, generally, exclud-able from income). For this purpose, a viatical set-tlement provider is a person regularly engaged in the trade or business of purchasing, or taking as-signments of, life insurance contracts on the lives of terminally ill or chronically ill individuals (pro-vided certain requirements are met). \n122Sec. 101(a)(2). \n123Sec. 101(a)(2)(A). \n124Sec. 101(a)(2)(B). \n1252009–21 I.R.B. 1029. SENATE AMENDMENT \nThe provision amends the statutory provi-\nsions governing the TSP to clarify that the anti-alienation provisions therein do not bar the IRS from issuing a notice of levy on a TSP Account. \nEffective date.— The provision is effective \nupon date of enactment. \nCONFERENCE AGREEMENT \nThe conference agreement does not include \nthe Senate amendment provision. \nL. Depreciation and Amortization Rules for \nHighway and Related Property Subject to Long-Term Leases (sec. 40309 of the Senate amendment and secs. 168, 197, and 147 of the Code) \nPRESENT LAW \nDepreciation and amortization for highways \nand related property \nA taxpayer generally must capitalize the \ncost of property used in a trade or business and recover such cost over time through an-nual deductions for depreciation or amorti-zation. Tangible property generally is depre-ciated under the modified accelerated cost recovery system (‘‘MACRS’’), which deter-mines depreciation by applying specific re-covery periods, placed-in-service conven-tions, and depreciation methods to the cost of various types of depreciable property.\n112 \nThe alternative depreciation system (‘‘ADS’’) applies with respect to tangible property used predominantly outside the United States during the taxable year, tax- exempt use property, tax-exempt bond fi-nanced property, and certain other property. ADS generally requires the use of the straight-line method without regard to sal-vage value, and requires longer recovery pe-riods than MACRS. \nUnder MACRS, the cost of land improve-\nments (such as roads and fences) is recovered over 15 years.\n113Land improvements subject \nto ADS are recovered over 20 years using the straight-line method.\n114 \nAmortization of intangible property \nThe cost recovery of many intangible as-\nsets is governed by the rules of section 197. In particular, section 197 provides that any amortizable section 197 intangible, including rights granted by a governmental unit and franchise rights, is amortized over a 15–year period.\n115 \nPrivate activity bond financing for highways \nIn general, interest on a private activity \nbond that is a qualified bond is excludable from taxable income.\n116Under present law, a \nprivate activity bond is not a qualified bond, interest on which is tax-exempt, if any por-tion of the proceeds of the issue of which the bond is a part is used to provide any air-plane, skybox, or other private luxury box, health club facility, facility primarily used for gambling, or store the principal business of which is the sale of alcoholic beverages for consumption off premises.\n117 \nHOUSE BILL \nNo provision. \nSENATE AMENDMENT \nUnder this provision, the depreciation for \napplicable leased highway property is deter-mined under ADS with a statutory 45-year recovery period and requirement to use the straight-line method. Further, this provision requires that any amortizable section 197 in-\ntangible acquired in connection with an ap-plicable lease must be recovered over a pe-riod not less than the term of the applicable lease. \nUnder this provision, private activity \nbonds are not qualified bonds, interest on which is tax-exempt, if the bonds are part of an issue, any portion of the proceeds of which is used to finance any applicable leased highway property. \nFor purposes of this provision, applicable \nleased highway property is defined as prop-erty subject to an applicable lease and placed in service before the date of such lease. An applicable lease is defined as an ar-rangement between the taxpayer and a State or political subdivision thereof, or any agen-cy or instrumentality of either, under which the taxpayer leases a highway and associated improvements, receives a right-of-way on the public lands underlying such highway and improvements, and receives a grant of a franchise or other intangible right permit-ting the taxpayer to receive funds relating to the operation of such highway. As under present law, a contract that purports to be a service contract or other arrangement (in-cluding a partnership or other passthrough entity) is treated as a lease if the contract or arrangement is properly treated as a lease.\n118 \nEffective date.— The provision is effective \nfor leases entered into, and private activity bonds issued, after the date of enactment. \nCONFERENE AGREEMENT \nThe conference agreement does not include \nthe Senate amendment provision. \nM. Transfers to Federal Old-Age and Sur-\nvivors Insurance Trust Fund and Federal Disability Insurance Trust Fund \n(sec. 40314 of the Senate amendment) \nPRESENT LAW \nTo finance Social Security and Medicare \nbenefits, taxes under the Federal Insurance Contributions Act (‘‘FICA’’) are imposed on employers and employees with respect to employee wages.\n119Similar taxes are im-\nposed under the Self-Employment Contribu-tions Act (‘‘SECA’’) on self-employed indi-viduals with respect to their self-employ-ment income.\n120These taxes consist of two \nparts: (1) old-age, survivors, and disability \ninsurance (‘‘OASDI’’), which correlates to the Social Security program that provides monthly benefits after retirement, death or disability; and (2) Medicare hospital insur-ance (‘‘HI’’). \nHOUSE BILL \nNo provision. \nSENATE AMENDMENT \nUnder the Senate amendment, the fol-\nlowing amounts are transferred from the General Fund to the OASDI Trust Funds: $27 million in fiscal year 2012, and $82 million in fiscal year 2014. \nEffective date. —The Senate amendment \nprovision is effective on the date of enact-ment. \nCONFERENCE AGREEMENT \nThe conference agreement does not include \nthe Senate amendment provision. \nN. Modify Rules that Apply to Sales of Life \nInsurance Contracts \n(secs. 100112–4 of the Senate amendment and \nnew sec. 6050X of the Code) \nPRESENT LAW \nAn exclusion from Federal income tax is \nprovided for amounts received under a life insurance contract paid by reason of the death of the insured.\n121 Under rules known as the transfer for \nvalue rules, if a life insurance contract is sold or otherwise transferred for valuable consideration, the amount paid by reason of the death of the insured that is excludable generally is limited.\n122Under the limitation, \nthe excludable amount may not exceed the sum of (1) the actual value of the consider-ation, and (2) the premiums or other amounts subsequently paid by the transferee of the contract. Thus, for example, if a per-son buys a life insurance contract, and the consideration he pays combined with his sub-sequent premium payments on the contract are less than the amount of the death benefit he later receives under the contract, then the difference is includable in the buyer’s in-come. \nExceptions are provided to the limitation \non the excludable amount. The limitation on the excludable amount does not apply if (1) the transferee’s basis in the contract is de-termined in whole or in part by reference to the transferor’s basis in the contract,\n123or \n(2) the transfer is to the insured, to a partner of the insured, to a partnership in which the insured is a partner, or to a corporation in which the insured is a shareholder or offi-cer.\n124 \nIRS guidance sets forth more details of the \ntax treatment of a life insurance policy-holder who sells or surrenders the life insur-ance contract and the tax treatment of other sellers and of buyers of life insurance con-tracts. The guidance relates to the character of taxable amounts (ordinary or capital) and to the taxpayer’s basis in the life insurance contract. \nIn Revenue Ruling 2009–13,\n125the IRS ruled \nthat income recognized under section 72(e) on surrender to the life insurance company of a life insurance contract with cash value is ordinary income. In the case of sale of a cash value life insurance contract, the IRS ruled that the insured’s (seller’s) basis is re-duced by the cost of insurance, and the gain on sale of the contract is ordinary income to the extent of the amount that would be rec-ognized as ordinary income if the contract were surrendered (the ‘‘inside buildup’’), and any excess is long-term capital gain. Gain on the sale of a term life insurance contract (without cash surrender value) is long-term capital gain under the ruling. \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00438 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4597 June 28, 2012 \n1262009–21 I.R.B. 1031. 12731 U.S.C. sec. 5311. \n12831 U.S.C. sec. 5314. The term ‘‘agency’’ in the \nBank Secrecy Act includes financial institutions. \n12931 U.S.C. sec. 5314(a) provides: ‘‘Considering the \nneed to avoid impeding or controlling the export or import of monetary instruments and the need to avoid burdening unreasonably a person making a transaction with a foreign financial agency, the Sec-retary of the Treasury shall require a resident or citizen of the United States or a person in, and doing business in, the United States, to keep records, file reports, or keep records and file reports, when the resident, citizen, or person makes a transaction or maintains a relation for any person with a foreign financial agency.’’ \n130See, e.g., Title III of the USA PATRIOT Act, \nPub. L. No. 107–56 (October 26, 2001) (sections 351 through 366). \n13131 U.S.C. sec. 5318A. In Revenue Ruling 2009–14,126the IRS ruled \nthat under the transfer for value rules, a por-tion of the death benefit received by a buyer of a life insurance contract on the death of the insured is includable as ordinary income. The portion is the excess of the death benefit over the consideration and other amounts (e.g., premiums) paid for the contract. Upon \nsale of the contract by the purchaser of the contract, the ruling concludes that the gain is long-term capital gain, and in determining the gain, the basis of the contract is not re-duced by the cost of insurance. \nHOUSE BILL \nNo provision. \nSENATE AMENDMENT \nIn general \nThe provision imposes reporting require-\nments in the case of the purchase of an exist-ing life insurance contract in a reportable policy sale and imposes reporting require-ments on the payor in the case of the pay-ment of reportable death benefits. The provi-sion sets forth rules for determining the basis of a life insurance or annuity contract. Lastly, the provision modifies the transfer for value rules in a transfer of an interest in a life insurance contract that is a reportable policy sale. \nReporting requirements for acquisitions of life \ninsurance contracts \nReporting upon acquisition of life insurance \ncontract \nThe reporting requirement applies to every \nperson who acquires a life insurance con-tract, or any interest in a life insurance con-tract, in a reportable policy sale during the taxable year. A reportable policy sale means the acquisition of an interest in a life insur-ance contract, directly or indirectly, if the acquirer has no substantial family, business, or financial relationship with the insured (apart from the acquirer’s interest in the life insurance contract). An indirect acquisition includes the acquisition of an interest in a partnership, trust, or other entity that holds an interest in the life insurance contract. \nUnder the reporting requirement, the \nacquiror of the contract reports information about the acquisition to the IRS, to the in-surance company that issued the contract, and to the person or persons receiving a pay-ment. The information reported by the acquiror about the acquisition of the con-tract is (1) the acquiror’s name, address, and taxpayer identification number (‘‘TIN’’), (2) the name, address, and TIN of each recipient of payment in the reportable policy sale, (3) the date of the reportable policy sale, (4) the name of the issuer and the policy number of the life insurance contract, and (5) the amount of each payment. \nThe statement the acquiror provides to \nany issuer of a life insurance contract is not required to include the amount of the pay-ment or payments for the acquisition of the contract. The statement the acquiror pro-vides to any issuer of a life insurance con-tract or recipient of a payment in the report-able policy sale also includes the name, ad-dress, and phone number of the acquiror’s in-formation contact. \nReporting of seller’s basis in the life insurance \ncontract \nOn receipt of a report described above, or \non any notice of the transfer of a life insur-ance contract to a foreign person, each issuer is required to report to the IRS and to the seller or transferor (1) the basis of the contract (i.e., the investment in the contract within the meaning of section 72(e)(6)), (2) the name, address, and TIN of the seller or the transferor to a foreign person, and (3) the policy number of the contract. Notice of the \ntransfer of a life insurance contract to a for-eign person is intended to include any sort of notice, including information provided for nontax purposes such as change of address notices for purposes of sending statements or for other purposes, or information relating to loans, premiums, or death benefits with respect to the contract. \nThe statement the issuer provides to any \nseller or transferor to a foreign person also includes the name, address, and phone num-ber of the issuer’s information contact. \nReporting with respect to reportable death \nbenefits \nWhen a reportable death benefit is paid \nunder a life insurance contract, the payor in-surance company is required to report infor-mation about the payment to the IRS and to the payee. Under this reporting requirement, the payor reports (1) the payor’s name, ad-dress, and TIN; (2) the name, address, and TIN of each recipient of payment; (3) the date of each payment; and (4) the amount of each payment. A reportable death benefit means an amount paid by reason of the death of the insured under a life insurance contract that has been transferred in a re-portable policy sale. \nThe statement the payor provides to any \npayee also includes the name, address, and phone number of the payor’s information contact. \nPayment \nFor purposes of these reporting require-\nments, payment means the amount of cash and the fair market value of any consider-ation transferred in a reportable policy sale. \nDetermination of basis \nThe provision provides that in determining \nthe basis of a life insurance or annuity con-tract, no adjustment is made for mortality, expense, or other reasonable charges in-curred under the contract (known as ‘‘cost of insurance’’). This reverses the position of the IRS in Revenue Ruling 2009–13 that on sale of a cash value life insurance contract, the in-sured’s (seller’s) basis is reduced by the cost of insurance. \nScope of transfer for value rules \nThe provision provides that the exceptions \nto the transfer for value rules do not apply in the case of a transfer of a life insurance contract, or any interest in a life insurance contract, in a reportable policy sale. Thus, some portion of the death benefit ultimately payable under such a contract may be in-cludable in income. \nEffective date \nUnder the provision, the reporting require-\nment is effective for reportable policy sales occurring after December 31, 2012, and re-portable death benefits paid after December 31, 2012. The clarification of the basis rules for life insurance and annuity contracts is effective for transactions entered into after August 25, 2009. The modification of excep-tion to the transfer for value rules is effec-tive for transfers occurring after December 31, 2012. \nCONFERENCE AGREEMENT \nThe conference agreement does not include \nthe Senate amendment provision. \nO. Authorizing Special Measures against \nForeign Jurisdictions, Financial Institu-tions, and Others that Significantly Im-pede U.S. Tax Enforcement \n(sec. 100201 of the Senate amendment and 31 \nU.S.C. sec. 5138A) \nPRESENT LAW \nCross-border transfers of assets to, and in-\nterests held in, foreign bank accounts or for-eign entities are subject to reporting re-quirements under Title 31 (the Bank Secrecy Act) of the United States Code. The Bank Se-\ncrecy Act requires both financial institu-tions and account holders to report informa-tion that has ‘‘a high degree of usefulness in criminal, tax, or regulatory investigations or proceedings.’’\n127Citizens and residents of the \nUnited States as well as persons doing busi-ness in the United States are required to keep records and file reports that contain the following information ‘‘in the way and to the extent the Secretary prescribes’’ if they enter into a transaction or maintain an ac-count with a foreign financial agency: (1) the identity and address of participants in a transaction or relationship; (2) the legal ca-pacity in which a participant is acting; (3) the identity of real parties in interest; and (4) a description of the transaction, as speci-fied by the Secretary.\n128Regulations promul-\ngated pursuant to broad regulatory author-ity granted to the Secretary in the Bank Se-crecy Act\n129provide additional guidance re-\ngarding the disclosure obligation with re-spect to foreign accounts. \nAs part of a series of reforms directed at \ninternational financing of terrorism,\n130the \nBank Secrecy Act authorizes the Secretary of Treasury to impose special measures on certain domestic institutions or agencies if, after consultation with the Secretary of State and the Attorney General, the Sec-retary of Treasury determines that there are reasonable grounds to conclude that a juris-diction or institution operating outside the United States, or accounts or transactions involving such jurisdictions or institutions, are of primary money laundering concern.\n131 \nIn determining whether a particular juris-\ndiction is of primary money laundering con-cern, the Secretary considers multiple fac-tors that may evidence that the jurisdiction lacks adequate transparency and may be a haven for criminal activities. Evidence that groups involved in organized crime, inter-\nnational terrorism or proliferation of weap-ons of mass destruction have transacted business in that jurisdiction as well as the degree of corruption among high-level offi-cials must be considered. With respect to as-sessing the fiscal transparency of the juris-diction, factors include the domestic laws of that jurisdiction and their administration; the reputation of the jurisdiction as an off-shore banking haven by credible inter-national organizations; the extent to which the jurisdiction offers regulatory advantages to nonresidents; and whether the United States has a Mutual Legal Assistance Treaty (‘‘MLAT’’) with the jurisdiction, and if so, experience of U.S. officials in obtaining in-formation under that agreement. \nIn determining whether to apply one or \nmore special measure to a particular institu-tion, or with respect to a type of account or transaction, the Secretary considers whether the transactions, accounts or institutions fa-cilitate money laundering through a par-ticular jurisdiction. The Secretary also looks at evidence that organized criminal groups or terrorists have been able to avail \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00439 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4598 June 28, 2012 \n132Section 5318A(4)(A) requires consultation with \nBoard of the Governors of the Federal Reserve Sys-tem, the Securities and Exchange Commission, the Commodity Futures Trading Commission, the Na-tional Credit Union Administration Board, any other appropriate Federal banking agency and any other interested party identified by the Secretary. \n133Hiring Incentives to Restore Employment Act \n(‘‘HIRE’’), Pub. L. No. 111–147 (2010). \n134Subtitle A of Title V of the HIRE Act, entitled \n‘‘Foreign Account Tax Compliance,’’ was based on legislative proposals in the Foreign Account Tax Compliance Act (‘‘FATCA’’), a bill introduced in both the House and Senate on October 27, 2009. See H.R. 3933 and S. 1934, respectively. \n135Under section 1471(c), an FFI must report (1) the \nname, address, and taxpayer identification number of each U.S. person or a foreign entity with one or more substantial U.S. owners holding an account, (2) the account number, (3) the account balance or value, and (4) except as provided by the Secretary, the gross receipts and gross withdrawals or pay-ments from the account. \n136The information reporting requirement under \nthe HIRE Act generally applies to payments made after December 31, 2012. \n137TIEAs are entered into by the Administration, \nwithout the advice and consent of the Senate. In contrast to the bilateral tax treaties, TIEAs are gen-erally limited in scope to mutual exchange of infor-mation. Since the 1980s, the United States has en-tered into over 20 such agreements. \n138Overview of the OECD’s Work on International \nTax Evasion (A note by the OECD Secretariat), p. 3, March 23, 2009. 139However, exceptions to the fungibility principle \nare provided in particular cases, some of which are described below. \n140Temp. Treas. Reg. sec. 1.861–11T(d)(4). \n141Sec. 864(e)(5)(C). \n142Sec. 864(e)(5)(D). themselves of such institution, accounts or \ntransactions. The extent to which legitimate business is conducted through the accounts or institutions is also considered. \nThe selection of the specific measures is \nmade after consultation with other financial regulatory agencies and the Secretary of State.\n132The factors that must be considered \nin selecting which of the measures to invoke are enumerated and include U.S. national se-curity and foreign policy; the cost and bur-den of compliance with the measures; wheth-er U.S. financial institutions will be placed at a competitive disadvantages as a result; the impact of the measure on the inter-national payment, clearance and settlement system; and whether any similar sanction has been imposed by another nation or mul-tilateral group. Increased reporting obliga-tions with respect to types of transactions or accounts involving a foreign jurisdiction, mandatory collection of information about beneficial ownership of certain types of ac-counts, and prohibitions against opening or maintaining payable-through or cor-respondent accounts with a nexus to foreign jurisdictions are among the measures per-mitted. These measures may be imposed sep-arately or in combination. \nCross-border payment flows are also sub-\nject to reporting obligations for tax pur-poses.\n133Those reporting obligations and re-\nlated provisions are commonly referred to as FATCA,\n134which added new Chapter 4, a re-\nporting and withholding regime, to Subtitle A of the Code. Chapter 4 requires reporting of specific information by third parties for certain U.S. accounts held in foreign finan-cial institutions (‘‘FFIs’’).\n135Information re-\nporting is encouraged through the with-holding of tax on payments to FFIs unless the FFI enters into and complies with an in-formation reporting agreement with the Sec-retary of the Treasury.\n136 \nAccess to the foreign-based documents nec-\nessary to combat money laundering and tax evasion is secured through information ex-changes with foreign jurisdictions under the terms of various treaties and international agreements, such as MLAT, tax treaties, or tax information exchange agreements (‘‘TIEA’’).\n137International norms regarding \nfiscal transparency and exchange of informa-tion for tax administration purposes are re-flected in the standards developed by the Or-ganization for Economic Cooperation and Development (‘‘OECD’’). The OECD Stand-ards have been endorsed by the G–20 Min-isters of Finance. Whether by tax treaty or \nTIEA, the OECD Standards require that a ju-risdiction (1) exchange information where it is ‘‘foreseeably relevant’’ to the administra-tion and enforcement of the domestic laws of a requesting State; (2) not restrict exchanges on the basis of bank secrecy or domestic tax interest requirements; (3) have powers to en-force access to reliable information; (4) re-spect taxpayer rights; and (5) maintain strict confidentiality of information exchanged.\n138 \nHOUSE BILL \nNo provision. \nSENATE AMENDMENT \nThe provision expands the special meas-\nures powers under the Bank Secrecy Act by authorizing use of the powers based on a finding, made in consultation with the Com-missioner of the IRS, the Secretary of State and the Attorney General, that an institu-tion, jurisdiction or international trans-action is significantly impeding tax enforce-ment. In making such a finding, cooperation of an institution or jurisdiction with the im-plementation of FATCA may be favorably considered. The information and consulta-tions to be considered in making a finding to support use of the special measures on the basis of either money-laundering or tax en-forcement concerns are expanded to require consideration of U.S. experience with admin-istrative assistance requests under a tax treaty or tax information exchange agree-ment. Furthermore, a number of conforming changes are made to the enumeration of con-siderations to ensure that factors relevant to tax enforcement are considered. \nThe process for selection of special meas-\nures to be taken and the considerations for their selection remain the same as under present law, except for the identity of the persons or agencies to be consulted in the process when the use of special measures is based on a finding that U.S. tax enforcement is being significantly impeded. In that case, the Secretary of Treasury is required to con-sult only with the Commissioner of IRS, the Secretary of State and the Attorney Gen-eral. The Secretary of Treasury has sole dis-cretion whether to consult any other agen-cies. \nAll special measures under present law are \navailable for both anti-money-laundering and tax enforcement-based findings. The ability to prohibit or impose conditions on the use of correspondent or payable-through accounts is expanded to include the author-ization, approval or use in the United States of a credit card, charge card, debit card or other similar financial instrument. \nEffective date. —The provision is effective \nupon date of enactment. \nCONFERENCE AGREEMENT \nThe conference agreement does not include \nthe Senate amendment provision. \nP. Delay in Application of Worldwide \nInterest \n(sec. 1801 of the Senate amendment and sec. \n864(f) of the Code) \nPRESENT LAW \nIn general \nTo compute the foreign tax credit limita-\ntion, a taxpayer must determine the amount of its taxable income from foreign sources. Thus, the taxpayer must allocate and appor-tion deductions between items of U.S.-source gross income, on the one hand, and items of foreign-source gross income, on the other. \nIn the case of interest expense, the rules \ngenerally are based on the approach that money is fungible and that interest expense is properly attributable to all business ac-\ntivities and property of a taxpayer, regard-less of any specific purpose for incurring an obligation on which interest is paid.\n139For \ninterest allocation purposes, all members of an affiliated group of corporations generally are treated as a single corporation (the so- called ‘‘one-taxpayer rule’’) and allocation must be made on the basis of assets rather than gross income. The term ‘‘affiliated group’’ in this context generally is defined by reference to the rules for determining whether corporations are eligible to file con-solidated returns. \nFor consolidation purposes, the term ‘‘af-\nfiliated group’’ means one or more chains of includible corporations connected through stock ownership with a common parent cor-poration that is an includible corporation, but only if: (1) the common parent owns di-rectly stock possessing at least 80 percent of the total voting power and at least 80 per-cent of the total value of at least one other includible corporation; and (2) stock meeting the same voting power and value standards with respect to each includible corporation (excluding the common parent) is directly owned by one or more other includible cor-porations. \nGenerally, the term ‘‘includible corpora-\ntion’’ means any domestic corporation ex-cept certain corporations exempt from tax under section 501 (for example, corporations organized and operated exclusively for chari-table or educational purposes), certain life insurance companies, corporations electing application of the possession tax credit, reg-ulated investment companies, real estate in-\nvestment trusts, and domestic international sales corporations. A foreign corporation generally is not an includible corporation. \nSubject to exceptions, the consolidated re-\nturn and interest allocation definitions of af-filiation generally are consistent with each other. For example, both definitions gen-erally exclude all foreign corporations from the affiliated group. Thus, while debt gen-erally is considered fungible among the as-sets of a group of domestic affiliated cor-porations, the same rules do not apply as be-tween the domestic and foreign members of a group with the same degree of common con-trol as the domestic affiliated group. \nBanks, savings institutions, and other finan-\ncial affiliates \nThe affiliated group for interest allocation \npurposes generally excludes what are re-ferred to in the Treasury regulations as ‘‘fi-nancial corporations.’’\n140A financial cor-\nporation includes any corporation, otherwise a member of the affiliated group for consoli-dation purposes, that is a financial institu-tion (described in section 581 or section 591), the business of which is predominantly with persons other than related persons or their customers, and which is required by State or Federal law to be operated separately from any other entity that is not a financial insti-tution.\n141The category of financial corpora-\ntions also includes, to the extent provided in regulations, bank holding companies (includ-ing financial holding companies), subsidi-aries of banks and bank holding companies (including financial holding companies), and savings institutions predominantly engaged in the active conduct of a banking, financ-ing, or similar business.\n142 \nA financial corporation is not treated as a \nmember of the regular affiliated group for purposes of applying the one-taxpayer rule to other nonfinancial members of that group. \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00440 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4599 June 28, 2012 \n143Pub. L. No. 108–357, sec. 401. \n144For purposes of determining the assets of the \nworldwide affiliated group, neither stock in corpora-tions within the group nor indebtedness (including receivables) between members of the group is taken into account. \n145Although the interest expense of a foreign sub-\nsidiary is taken into account for purposes of allo-cating the interest expense of the domestic members of the electing worldwide affiliated group for foreign tax credit limitation purposes, the interest expense incurred by a foreign subsidiary is not deductible on a U.S. return. \n146Indirect ownership is determined under the \nrules of section 958(a)(2) or through applying rules similar to those of section 958(a)(2) to stock owned directly or indirectly by domestic partnerships, trusts, or estates. 147See Treas. Reg. sec. 1.904–4(e)(2). \n148As originally enacted under AJCA, the world-\nwide interest allocation rules were effective for tax-able years beginning after December 31, 2008. How-ever, section 3093 of the Housing and Economic Re-covery Act of 2008, Pub. L. No. 110–289, delayed the implementation of the worldwide interest allocation rules for two years, until taxable years beginning after December 31, 2010; section 15 of the Worker, Homeownership, and Business Assistance Act of 2009, Pub. L. No. 111–92, delayed the implementation of the worldwide interest allocation rules for seven years, until taxable years beginning after December 31, 2017; and section 551 of the Hiring Incentives to Restore Employment Act, Pub. L. No. 111–126, fur-ther delayed implementation of the worldwide inter-est allocation rules for three years, until taxable years beginning after December 31, 2020. Instead, all such financial corporations that \nwould be so affiliated are treated as a sepa-rate single corporation for interest alloca-tion purposes. \nWorldwide interest allocation \nIn general \nThe American Jobs Creation Act of 2004 \n(‘‘AJCA’’)\n143modified the interest expense \nallocation rules described above (which gen-erally apply for purposes of computing the foreign tax credit limitation) by providing a one-time election (the ‘‘worldwide affiliated group election’’) under which the taxable in-come of the domestic members of an affili-ated group from sources outside the United States generally is determined by allocating and apportioning interest expense of the do-mestic members of a worldwide affiliated group on a worldwide-group basis (i.e., as if all members of the worldwide group were a single corporation). If a group makes this election, the taxable income of the domestic members of a worldwide affiliated group from sources outside the United States is de-termined by allocating and apportioning the third-party interest expense of those domes-tic members to foreign-source income in an amount equal to the excess (if any) of (1) the worldwide affiliated group’s worldwide third- party interest expense multiplied by the ratio that the foreign assets of the worldwide affiliated group bears to the total assets of the worldwide affiliated group,\n144over (2) the \nthird-party interest expense incurred by for-eign members of the group to the extent such interest would be allocated to foreign sources if the principles of worldwide inter-est allocation were applied separately to the foreign members of the group.\n145 \nFor purposes of the new elective rules \nbased on worldwide fungibility, the world-wide affiliated group means all corporations in an affiliated group as well as all con-trolled foreign corporations that, in the ag-gregate, either directly or indirectly,\n146 \nwould be members of such an affiliated group if section 1504(b)(3) did not apply (i.e., in which at least 80 percent of the vote and value of the stock of such corporations is owned by one or more other corporations in-cluded in the affiliated group). Thus, if an af-filiated group makes this election, the tax-able income from sources outside the United States of domestic group members generally is determined by allocating and apportioning interest expense of the domestic members of the worldwide affiliated group as if all of the interest expense and assets of 80-percent or greater owned domestic corporations (i.e., corporations that are part of the affiliated group, as modified to include insurance com-panies) and certain controlled foreign cor-porations were attributable to a single cor-poration. \nFinancial institution group election \nTaxpayers are allowed to apply the bank \ngroup rules to exclude certain financial in-stitutions from the affiliated group for inter-est allocation purposes under the worldwide fungibility approach. The rules also provide \na one-time ‘‘financial institution group’’ election that expands the bank group. At the election of the common parent of the pre- election worldwide affiliated group, the in-terest expense allocation rules are applied separately to a subgroup of the worldwide af-filiated group that consists of (1) all corpora-tions that are part of the bank group, and (2) all ‘‘financial corporations.’’ For this pur-pose, a corporation is a financial corporation if at least 80 percent of its gross income is fi-nancial services income (as described in sec-tion 904(d)(2)(D)(ii) and the regulations thereunder) that is derived from trans-actions with unrelated persons.\n147For these \npurposes, items of income or gain from a transaction or series of transactions are dis-regarded if a principal purpose for the trans-action or transactions is to qualify any cor-poration as a financial corporation. \nIn addition, anti-abuse rules are provided \nunder which certain transfers from one mem-ber of a financial institution group to a member of the worldwide affiliated group outside of the financial institution group are treated as reducing the amount of indebted-ness of the separate financial institution group. Regulatory authority is provided with respect to the election to provide for the di-rect allocation of interest expense in cir-cumstances in which such allocation is ap-propriate to carry out the purposes of these rules, to prevent assets or interest expense from being taken into account more than once, or to address changes in members of any group (through acquisitions or other-wise) treated as affiliated under these rules. \nEffective date of worldwide interest allocation \nThe common parent of the domestic affili-\nated group must make the worldwide affili-ated group election. It must be made for the first taxable year beginning after December 31, 2020, in which a worldwide affiliated group exists that includes at least one for-eign corporation that meets the require-ments for inclusion in a worldwide affiliated group.\n148The common parent of the pre-elec-\ntion worldwide affiliated group must make the election for the first taxable year begin-ning after December 31, 2020, in which a worldwide affiliated group includes a finan-cial corporation. Once either election is made, it applies to the common parent and all other members of the worldwide affiliated group or to all members of the financial in-stitution group, as applicable, for the tax-able year for which the election is made and all subsequent taxable years, unless revoked with the consent of the Secretary of the Treasury. \nHOUSE BILL \nNo provision. \nSENATE AMENDMENT \nThe provision delays the effective date of \nthe worldwide interest allocation rules for one year, until taxable years beginning after December 31, 2021. The required dates for making the worldwide affiliated group elec-tion and the financial institution group elec-\ntion are changed accordingly. \nEffective date. —The provision is effective \non the date of enactment. \nCONFERENCE AGREEMENT \nThe conference agreement does not include \nthe Senate amendment provision. \nPART IV—TAX COMPLEXITY ANALYSIS \nSection 4022(b) of the Internal Revenue \nService Reform and Restructuring Act of 1998 (the ‘‘IRS Reform Act’’) requires the Joint Committee on Taxation (in consulta-tion with the Internal Revenue Service and the Department of the Treasury) to provide a tax complexity analysis. The complexity analysis is required for all legislation re-ported by the Senate Committee on Finance, the House Committee on Ways and Means, or any committee of conference if the legisla-tion includes a provision that directly or in-directly amends the Internal Revenue Code (the ‘‘Code’’) and has widespread applica-bility to individuals or small businesses. \nThe staff of the Joint Committee on Tax-\nation has determined that a complexity analysis is not required under section 4022(b) of the IRS Reform Act because the bill con-tains no provisions that have ‘‘widespread applicability’’ to individuals or small busi-nesses. \nA. PBGC Premiums (secs. 40221–40222 of the \nconference agreement and ERISA sec. 4006) \nPRESENT LAW \nDefined benefit plans subject to ERISA are \ncovered by the Pension Benefit Guaranty Corporation (‘‘PBGC’’) insurance program and related premium requirements. \nIn the case of a single-employer defined \nbenefit plan, flat-rate premiums apply at a rate of $35.00 per participant for 2012. Single- employer flat-rate premium rates are in-dexed for inflation. \nIf a single-employer defined benefit plan \nhas unfunded vested benefits, variable-rate premiums also apply at a rate of $9 per $1,000 of unfunded vested benefits divided by the number of participants. Variable-rate pre-miums are not indexed for inflation. For pur-poses of determining variable-rate pre-miums, unfunded vested benefits are equal to the excess (if any) of (1) the plan’s funding target for the year, as determined under the minimum funding rules, but taking into ac-count only vested benefits, over (2) the fair market value of plan assets. In determining the plan’s funding target for this purpose, the interest rates used are segment rates de-termined as under the minimum funding rules, but determined on a monthly basis, rather than using a 24-month average of cor-porate bond rates. \nIn the case of a multiemployer defined ben-\nefit plan, flat-rate premiums apply at a rate of $9.00 per participant for 2012. Multiem-ployer flat-rate premium rates are indexed for inflation and are expected to increase to $10 for 2013. \nHOUSE BILL \nNo provision. \nSENATE AMENDMENT \nNo provision. \nCONFERENCE AGREEMENT \nThe conference agreement increases PBGC \npremiums for single-employer plans and multiemployer plans. \nSingle-employer plan flat-rate premiums \nare increased to $42 per participant for 2013 and $49 per participant for 2014 with indexing thereafter. \nFor plan years beginning after 2012, the \nrate for variable-rate premiums ($9 per $1,000 of unfunded vested benefits) is indexed and the per-participant variable-rate premium is subject to a limit. The limit is $400 for 2013 \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00441 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4600 June 28, 2012 \n149ERISA sec. 4002(a). with indexing thereafter. In addition, the \nrate for variable-rate premiums per $1,000 of unfunded vested benefits is increased by $4 for 2014 and another $5 for 2015. These in-creases are applied to the rate applicable for the preceding year (that is, $9 as indexed for the preceding year per $1,000 of unfunded vested benefits) and indexing continues to apply thereafter. \nMultiemployer plan flat-rate premiums are \nincreased by $2 per participant for 2013. \nB. Improvements of PBGC (secs. 40231–40234 \nof the conference agreement and ERISA sec. 4002, new sec. 4004 and sec. 4005)—Draft of 6/27/12, 9:00 PM \nPRESENT LAW \nThe Pension Benefit Guaranty Corporation \n(‘‘PBGC’’), which was created by the Em-ployee Retirement Income Security Act of 1974 (‘‘ERISA’’), insures benefits provided under defined benefit plans covered by ERISA, collects premiums with respect to such plans, and manages assets and pays benefits with respect to certain terminated plans. PBGC’s purposes are to encourage the continuation and maintenance of voluntary private defined benefit plans, provide timely and uninterrupted payment of pension bene-fits to participants and beneficiaries, and maintain premiums at the lowest level con-sistent with carrying out its obligations under ERISA.\n149 \nPBGC is administered by a director, who is \nappointed by the President with the advice and consent of the Senate. PBGC’s board of directors consists of the Secretary of the Treasury, the Secretary of Labor, and the Secretary of Commerce, with the Secretary of Labor serving as chair. An advisory com-mittee has been established for the purpose of advising the PBGC as to various policies and procedures. ERISA contains general pro-visions as to the board of directors and advi-sory committee. \nHOUSE BILL \nNo provision. \nSENATE AMENDMENT \nNo provision. \nCONFERENCE AGREEMENT \nPBGC governance improvement \nThe conference agreement expands the \nERISA provisions relating to the PBGC board of directors, advisory committee, di-rector and other PBGC officials. \nWith respect to the board of directors, the \nconference agreement addresses timing and procedures for meetings (including a joint meeting with the advisory committee). It also ensures that the PBGC inspector gen-eral has direct access to the board, clarifies the role of the General Counsel, and provides authority to the board to hire its own em-ployees, experts and consultants as may be required to enable the board to perform its duties. The conference agreement includes specific rules on conflicts of interest with re-spect to the board of directors and the direc-tor of PBGC and provides for the PBGC to have a risk management officer. It further clarifies that the PBGC board of directors is ultimately responsible for overseeing PBGC and that the director is directly accountable to the board of directors and can be removed by the board of directors or the president. It also sets the director’s term at five years un-less removed before the expiration of the term by the President or the board of direc-tors. \nThe conference agreement states the sense \nof Congress that (1) the board of directors should form committees, including an audit committee and an investment committee composed of at least two members, to en-hance the overall effectiveness of the board, \nand (2) the advisory committee should pro-vide the board with policy recommendations regarding changes to the law that would be beneficial to the PBGC or the voluntary pri-vate pension system. \nThe conference agreement also directs the \nPBGC, not later than 90 days after enact-ment, to contract with the National Acad-emy of Public Administration to conduct a study of the PBGC to include (1) a review of governance structures of organizations (gov-ernmental and nongovernmental) that are analogous to the PBGC and (2) recommenda-tions with respect to various topics relating to the board of directors, such as composi-tion, procedures, and policies to enhance Congressional oversight. The results of the study are to be reported within a year of ini-tiation of the study to the Committee on Health, Education, Labor, and Pensions and Committee on Finance of the Senate and the Committee on Education and the Workforce and Committee on Ways and Means of the House of Representatives. \nParticipant and plan sponsor advocate \nThe conference agreement establishes a \nnew Participant and Plan Sponsor Advocate. The Advocate is chosen by the Board of Di-rectors from the candidates nominated by the advisory committee. This individual will act as a liaison between the corporation and participants in terminated pension plans. The Advocate will ensure that participants receive everything they are entitled to under the law. The Advocate will also provide plan sponsors with assistance in resolving dis-putes with the corporation. Each year, the Advocate will provide a report on their ac-tivities to the Committee on Health, Edu-cation, Labor, and Pensions and Committee on Finance of the Senate, the Committee on Education and the Workforce of the House of Representatives, and the Committee on Ways and Means of the House of Representa-tives summarizing the issues raised by par-ticipants and plan sponsors and making rec-ommendations for changes to improve the system. \nQuality control procedures for the PBGC \nThe conference agreement states that the \nPBGC will contract with an outside agency (such as the Social Security Administration) to conduct an annual review of the Corpora-tion’s Single-Employer and Multiemployer Pension Insurance Modeling Systems (‘‘PIMS’’). The first reviews will be initiated no later than 3 months after the enactment of this Act. \nThe conference agreement also states that \nthe PBGC will make its own efforts to de-velop review policies to examine actuarial work, management, and record keeping. Fi-nally, the conference agreement instructs the PBGC to provide a specific report ad-dressing outstanding recommendations made by the Office of the Inspector General (‘‘OIG’’) relating to the Policy, Research, and Analysis Department and the Benefits Administration and Payment Department. \nLine of credit repeal \nThe conference agreement repeals section \n4005(c) of ERISA, which provides authority for the PBGC to issue notes or other obliga-tions in an amount up to $100,000,000. \nNatural resource provisions \nSecure rural schools The conference report includes Senate lan-\nguage that extends by one year, through fis-cal year 2012, the Secure Rural Schools pro-gram. The program funds county outlays for public schools, road improvement and main-tenance projects, and forest restoration and improvement projects in and around Na-tional Forests. The conference report clari-fies that funds for eligible Title III projects \nunder the program must be obligated by the end of the following fiscal year but not nec-essarily initiated. \nPayment-in-lieu of taxes \nThe conference report also includes Senate \nlanguage to extend by one year, through fis-cal year 2013, full funding for the Payment in Lieu of Taxes program. The program pro-vides federal payments to local governments to help offset losses in property taxes due to nontaxable federal land within their bound-aries. \nGulf coast restoration \nThe conference report modifies a Senate \nprovision related to Gulf Coast restoration known as the Resources and Ecosystems Sustainability, Tourism Opportunities and Revived Economies of the Gulf Coast States Act of 2012 (RESTORE Act). The provision establishes the Gulf Coast Restoration Trust Fund and places in the Trust Fund 80% of all civil penalties paid by responsible parties in connection with the Deepwater Horizon oil spill. Funding may be used to invest in projects and activities to restore the long- term health of the coastal ecosystem and local economies in the Gulf Coast Region, which includes the states of Mississippi, Lou-isiana, Alabama, Florida, and Texas. A por-tion of the funds will be allocated directly and equally to the five Gulf Coast states for ecological and economic recovery along the coast. A portion will be provided to the Gulf Coast Ecosystem Restoration Council estab-lished by the bill to develop and fund a com-prehensive plan for the restoration of Gulf Coast ecosystems. A portion will be allo-cated among the states using an impact- based formula to implement state plans that have been approved by the Council. Finally, a portion of the fines will be allocated to a Gulf Coast ecosystem restoration, science, observation, monitoring and technology pro-gram and for grants to nongovernmental en-tities for the establishment of Gulf Coast centers of excellence. \nPhased retirement \nPRESENT LAW \nUnder current law, Federal agencies may \noffer part-time employment to retirement- eligible workers, but the employee may not begin receiving accrued pension benefits. Currently, Federal employees face one of three choices upon reaching retirement age: (1) voluntarily retire and collect an annuity \nbased on the pension computation formula, (2) continue to work full time, in most cases increasing the number of service years used in calculating their pension, or (3) volun-tarily retire and return to Federal employ-ment as a reemployed annuitant. As a result, most experienced Federal employees elect to retire. \nUnder Internal Revenue Code section 72(t), \ncertain distributions from a qualified retire-ment plan prior to age 59\n1⁄2are subject to an \nadditional tax of 10 percent of the taxable amount of the distribution. \nHOUSE BILL \nNo provision. \nSENATE AMENDMENT \nThe Senate amendment provides the Office \nof Personnel Management the authority to establish a phased retirement program for qualified Federal employees. The amend-ment allows Federal employees to retire from a portion of their full time employment and receive a prorated pension for that serv-ice. During phased retirement, Federal em-ployees may work 20 to 80 percent of their full-time schedule and continue to receive a prorated salary and pension credit for the time worked. At least 20 percent of the time worked must be used to mentor new employ-ees. When the phased retiree fully retires, \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00442 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4601 June 28, 2012 \ntheir annuity would be adjusted, increasing \nthe employee’s lifetime retirement income. The Senate amendment excludes from eligi-bility law enforcement officers, firefighters, nuclear materials couriers, air traffic con-trollers, customs and border protection offi-cers, or members of the Capital Police or Su-preme Court Police. \nCONFERENCE REPORT \nThe conference report follows the Senate \namendment with three changes. First, Postal Service employees are exempted from the re-quirement to spend 20 percent of their time mentoring. Second, the provision provides that certain law enforcement officers such as \nCustoms and Border Protection Officers hired before 2008 (when they were granted law-enforcement type status which makes them ineligible for phased retirement under the Senate Amendment because they are subject to mandatory retirement) are eligi-ble for phased retirement. Finally, the con-ference agreement provides an exception to the additional tax under section 72(t) of the Internal Revenue Code for distributions from federal retirement plans to qualified phased retirees. \nEffective Date —The provision is effective on \nthe date the implementing regulations are issued by the Director of the Office of Per-sonnel Management. \nTechnical correction to the disaster recovery \nFMAP provision \nThe ACA included a provision known as \nthe ‘disaster-recovery FMAP’ designed to help states adjust to drastic changes in FMAP following a statewide disaster. Once triggered, the policy would provide assist-ance for as many as seven years following the disaster, as long as the state continued to experience an FMAP drop of more than three percentage points. The Middle Class Tax Relief and Job Creation Act of 2012 cor-rected the formula. This policy moves the ef-fective date to October 1, 2012 and adjusts the formula for fiscal year 2013. \nOcean freight differential \nThe United States provides humanitarian \nfood aid to developing countries. This assist-ance is subject to an additional cargo pref-erence, which requires 75% of food assistance be shipped from U.S. flagged vessels. The Maritime Administration at the Department of Transportation is required to reimburse the U.S. agencies that sponsor food aid ship-ments for the increased costs associated with the U.S. flag shipping requirement. This pro-posal would reduce to 50% the incremental ocean freight differential, which would re-duce the amount of quarterly payments made by Maritime Administration at the De-partment of Transportation. \nAbandoned mine land \nThis proposal would cap abandoned mine \nland (AML) reclamation payments to states that have completed all high-priority aban-doned coal mine reclamation projects. Under this proposal, payments to those states (cer-tified states) would be capped at $15 million annually. Pursuant to the order of the House on April 25, 2012, the Speaker appointed the following conferees from the Committee on Transpor-tation and Infrastructure for consideration of the House bill (except section 141) and the Senate amendment (except secs. 1801, 40102, 40201, 40202, 40204, 40205, 40305, 40307, 40309, 40312, 100112, 100114, and 100116), and modifica-tions committed to conference: \nJ\nOHNMICA, \nDONYOUNG , \nJOHNDUNCAN , \nBILLSHUSTER , \nSHELLEY MOORE CAPITO , \nRICKCRAWFORD , \nJAIME HERRERA BEUTLER , LARRY BUCSHON , \nRICHARD HANNA , \nSTEVE SOUTHERLAND , \nJAMES LANKFORD , \nREIDRIBBLE , \nNICKRAHALL , \nPETER DEFAZIO, \nJERRY COSTELLO , \nELEANOR HOLMES NORTON , \nJERROLD NADLER , \nCORRINE BROWN , \nELIJAH CUMMINGS , \nLEONARD BOSWELL , \nTIMBISHOP , \nAs additional conferees from the Committee on Commerce, for consideration of sec. 142 and titles II and V of the House bill, and secs. 1113, 1201, 1202, subtitles B, C, D, and E of title I of Division C, secs. 32701, 32705, 32710, 32713, 40101, and 40301 of the Senate amendment, and modifications committed to \nconference: \nF\nREDUPTON , \nEDWHITFIELD , \nHENRY WAXMAN , \nAs additional conferees from the Committee on Natural Resources, for consideration of secs. 123, 142, 204, and titles III and VI of the House bill, and sec. 1116, subtitles C, F, and G of title I of Division A, sec. 33009, titles VI and VII of Division C, sec. 40101, subtitles A and B of title I of Division F, and sec. 100301 of the Senate amendment, and modifications committed to conference: \nD\nOCHASTINGS , \nROBBISHOP , \nEDMARKEY , \nAs additional conferees from the Committee on Science, Space, and Technology for con-sideration of secs. 121, 123, 136, and 137 of the House bill, and sec. 1534, subtitle F of title I of Division A, secs. 20013, 20014, 20029, 31101, 31103, 31111, 31204, 31504, 32705, 33009, 34008, and Division E of the Senate amendment, and modifications committed to conference: \nR\nALPH HALL, \nCHIPCRAVAACK , \nEDDIE BERNICE JOHNSON , \nAs additional conferees from the Committee on Ways and Means, for consideration of secs. 141 and 142 of the House bill, and secs. 1801, 40101, 40102, 40201, 40202, 40204, 40205, 40301, 40307, 40309, 40314, 100112, 100114, and 100116 of the Senate amendment, and modi-fications committed to conference: \nD\nAVECAMP, \nPATTIBERI , \nEARLBLUMENAUER , \nManagers on the Part of the House. \nBARBARA BOXER , \nMAXBAUCUS , \nJOHNROCKEFELLER , \nDICKDURBIN , \nTIMJOHNSON , \nCHUCK SCHUMER , \nBILLNELSON , \nROBERT MENENDEZ , \nJAMES INHOFE , \nDAVID VITTER , \nORRIN HATCH , \nRICHARD SHELBY , \nKAYBAILEY HUTCHISON , \nJOHNHOEVEN , \nManagers on the Part of the Senate. \nFrom the Committee on Transportation and Infrastructure, for consideration of the House bill (except section 141) and the Sen-ate amendment (except secs. 1801, 40102, 40201, 40202, 40204, 40205, 40305, 40307, 40309– 40312, 100112–100114, and 100116), and modifica-tions committed to conference: \nJ\nOHNL. M ICA, \nDONYOUNG , \nJOHNJ. D UNCAN , JR. \nBILLSHUSTER , \nSHELLEY MOORE CAPITO , \nERICA. ‘‘R ICK’’ CRAWFORD , JAIME HERRERA BEUTLER , \nLARRY BUCSHON , \nRICHARD L. H ANNA , \nSTEVE SOUTHERLAND II, \nJAMES LANKFORD , \nREIDJ. R IBBLE , \nFrom the Committee on Energy and Com-merce, for consideration of sec. 142 and titles II and V of the House bill, and secs. 1113, 1201, 1202, subtitles B, C, D, and E of title I of Di-vision C, secs. 32701–32705, 32710, 32713, 40101, and 40301 of the Senate amendment, and modifications committed to the conference: \nF\nREDUPTON , \nEDWHITFIELD , \nHENRY A. W AXMAN , \nFrom the Committee on Natural Resources, for consideration of secs. 123, 142, 204, and ti-tles III and VI of the House bill, and sec. 1116, subtitles C, F, and G of title I of Division A, sec. 33009, titles VI and VII of Division C, sec. 40101, subtitles A and B of title I of Division F, and sec. 100301 of the Senate amendment, and modifications committed to conference: \nD\nOCHASTINGS , \nROBBISHOP , \nFrom the Committee on Science, Space, and Technology for consideration of secs. 121, 123, 136, and 137 of the House bill, and sec. 1534, subtitle F of title I of Division A, secs. 20013, 20014, 20029, 31101, 31103, 31111, 31204, 31504, 32705, 33009, 34008, and Division E of the Sen-ate amendment, and modifications com-mitted to conference: \nR\nALPH M. H ALL, \nCHIPCRAVAACK , \nFrom the Committee on Ways and Means, for consideration of secs. 141 and 142 of the House bill, and secs. 1801, 40101, 40102, 40201, 40202, 40204, 40205, 40301–40307, 40309–40314, 100112–100114, and 100116 of the Senate amend-ment, and modifications committed to con-ference: \nD\nAVECAMP, \nPATRICK J. T IBERI , \nManagers on the Part of the House. \nBARBARA BOXER , \nMAXBAUCUS , \nJOHND. R OCKEFELLER , IV, \nRICHARD J. D URBIN , \nTIMJOHNSON , \nCHARLES E. S CHUMER , \nBILLNELSON , \nROBERT MENENDEZ , \nJAMES M. I NHOFE , \nDAVID VITTER , \nRICHARD C. S HELBY , \nKAYBAILEY HUTCHISON , \nManagers on the Part of the Senate. \nf \nANNOUNCEMENT BY THE SPEAKER \nPRO TEMPORE \nThe SPEAKER pro tempore (Mr. \nBERG). Under clause 8 of rule XX, the \nfiling of the conference report on H.R. 4348 has vitiated the motion to instruct conferees offered by the gentlewoman from California (Ms. H\nAHN) which was \ndebated yesterday and on which fur-ther proceedings were postponed. \nf \nRECESS \nThe SPEAKER pro tempore. Pursu-\nant to clause 12(a) of rule I, the Chair declares the House in recess subject to the call of the Chair. \nAccordingly (at 7 o’clock and 24 min-\nutes p.m.), the House stood in recess. \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00443 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4602 June 28, 2012 \nb2304 \nAFTER RECESS \nThe recess having expired, the House \nwas called to order by the Speaker pro tempore (Mr. N\nUGENT ) at 11 o’clock and \n4 minutes p.m. \nf \nREPORT ON RESOLUTION PRO-\nVIDING FOR CONSIDERATION OF H.R. 5856, DEPARTMENT OF DE-FENSE APPROPRIATIONS ACT, 2013; PROVIDING FOR CONSIDER-ATION OF H.R. 6020, FINANCIAL SERVICES AND GENERAL GOV-ERNMENT APPROPRIATIONS ACT, 2013; AND PROVIDING FOR CON-SIDERATION OF CONFERENCE REPORT ON H.R. 4348, MOVING AHEAD FOR PROGRESS IN THE 21ST CENTURY ACT \nMr. WEBSTER, from the Committee \non Rules, submitted a privileged report (Rept. No. 112–558) on the resolution (H. Res. 717) providing for consideration of the bill (H.R. 5856) making appropria-tions for the Department of Defense for the fiscal year ending September 30, 2013, and for other purposes; providing for consideration of the bill (H.R. 6020) making appropriations for financial services and general government for the fiscal year ending September 30, 2013, and for other purposes; and pro-viding for consideration of the con-ference report to accompany the bill (H.R. 4348) to provide an extension of Federal-aid highway, highway safety, motor carrier safety, transit, and other programs funded out of the Highway Trust Fund pending enactment of a multiyear law reauthorizing such pro-grams, and for other purposes, which was referred to the House Calendar and ordered to be printed. \nf \nADJOURNMENT \nMr. WEBSTER. Mr. Speaker, I move \nthat the House do now adjourn. \nThe motion was agreed to; accord-\ningly (at 11 o’clock and 5 minutes p.m.), the House adjourned until to-morrow, Friday, June 29, 2012, at 9 a.m. \nf \nEXECUTIVE COMMUNICATIONS, \nETC. \nUnder clause 2 of rule XIV, executive \ncommunications were taken from the Speaker’s table and referred as follows: \n6698. A letter from the Secretary, Air \nForce, Department of Defense, transmitting the 2011 Military Working Dog Disposition Report; to the Committee on Armed Serv-ices. \n6699. A letter from the Acting Under Sec-\nretary, Department of Defense, transmitting a report identifying, for each of the Armed forces (other than the Coast Guard) and each Defense Agency, the percentage of funds that were expended duing the preceding fiscal year for performance of depot-level mainte-nance and repair workloads by the public and private sectors; to the Committee on Armed Services. \n6700. A letter from the General Counsel, \nFederal Housing Finance Agency, transmit-ting the Agency’s final rule — Prudential \nManagement and Operations Standards (RIN: 2590-AA13) received June 8, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Fi-nancial Services. \n6701. A letter from the Director, Regu-\nlatory Management Division, Environmental Protection Agency, transmitting the Agen-cy’s final rule — Idaho: Final Authorization of State Hazardous Waste Management Pro-gram; Revision [EPR-R10-RCRA-2011-0973; FRL-9684-6] received June 8, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy and Commerce. \n6702. A letter from the Director, Regu-\nlatory Management Division, Environmental Protection Agency, transmitting the Agen-cy’s final rule — Air Quality Designations for the 2008 Ozone National Ambient Air Quality Standards for Several Counties in Illinios, Indiana, and Wisconsin; Corrections to Inadvertent Errors in Prior Designations [EPA-HQ-OAR-2008-0476; FRL-9682-2] (RIN: 2060-AR56) received June 8, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy and Commerce. \n6703. A letter from the Director, Regu-\nlatory Management Division, Environmental Protection Agency, transmitting the Agen-cy’s final rule — Approval and Promulgation of Implementation Plans; State of Florida: New Source Review Prevention of Signifi-cant Deterioration: Nitrogen Oxides as a Precursor to Ozone [EPA-R04-OAR-2012-0166; FRL-9687-1] received June 8, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy and Commerce. \n6704. A letter from the Director, Regu-\nlatory Management Division, Environmental Protection Agency, transmitting the Agen-cy’s final rule — Approval of Air Quality Im-plementation Plans; Wisconsin; Disapproval of ‘‘Infrastructure’’ SIP with respect to Ox-ides of Nitrogen as a Precursor to Ozone Pro-visions and New Source Review Exemptions for Fuel Changes as Major Modifications for the 1997 8-hour Ozone and 24-hour PM2.5 NAAQS [EPA-R05-OAR-2007-1179; FRL-9685-7] received June 8, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy and Commerce. \n6705. A letter from the Director, Regu-\nlatory Management Division, Environmental Protection Agency, transmitting the Agen-cy’s final rule — Approval and Promulgation of Implementation Plans and Operating Per-mits Program; Commonwealth of Puerto Rico; Administrative Changes [EPA-R02- OAR-2012-0032; FRL-9675-1] received June 8, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy and Commerce. \n6706. A letter from the Assistant Legal Ad-\nviser for Treaty Affairs, Department of State, transmitting report prepared by the Department of State concerning inter-national agreements other than treaties en-tered into by the United States to be trans-mitted to the Congress within the sixty-day period specified in the Case-Zablocki Act; to the Committee on Foreign Affairs. \n6707. A letter from the Secretary, Depart-\nment of the Treasury, transmitting as re-quired by section 401(c) of the National Emergencies Act, 50 U.S.C. 1641(c), and sec-tion 204(c) of the International Emergency Economic Powers Act, 50 U.S.C. 1703(c), and pursuant to Executive Order 13313 of July 31, 2003, a six-month periodic report on the na-tional emergency with respect to the West-ern Balkans that was declared in Executive Order 13219 of June 26, 2001; to the Com-mittee on Foreign Affairs. \n6708. A letter from the Secretary, Depart-\nment of the Treasury, transmitting as re-quired by section 401(c) of the National Emergencies Act, 50 U.S.C. 1641(c), and sec-tion 204(c) of the International Emergency Economic Powers Act, 50 U.S.C. 1703(c), a six-month periodic report on the national \nemergency with respect to North Korea that was declared in Executive Order 13466 of June 26, 2008; to the Committee on Foreign Affairs. \n6709. A letter from the Assistant Director \nfor the Legislative Affairs, Consumer Finan-cial Protection Bureau, transmitting the semiannual report on the activities of the Office of Inspector General for the period Oc-tober 1, 2011 to March 31, 2012; to the Com-mittee on Oversight and Government Re-form. \n6710. A letter from the Acting Chairman, \nFederal Deposit Insurance Corporation, transmitting in accordance with the provi-sions of section 17(a) of the Federal Deposit Insurance Act, the Chief Financial Officers Act of 1990, Pub. L. 101–576, and the Govern-ment Performance and Results Act of 1993, the Corporation’s 2011 Annual Report; to the Committee on Oversight and Government Reform. \n6711. A letter from the Chairman, National \nEndowment of the Arts, transmitting the Semiannual Report of the Inspector General and the Semiannual Report on Final Action Resulting from Audit Reports, Inspection Reports, and Evaluation Reports for the pe-riod October 1, 2011 through March 31, 2012; to the Committee on Oversight and Govern-ment Reform. \n6712. A letter from the Chairman, National \nLabor Relations Board, transmitting the Board’s semiannual report from the office of the Inspector General for the period October 1, 2011 through March 31, 2012; to the Com-mittee on Oversight and Government Re-form. \n6713. A letter from the Senior Program An-\nalyst, Department of Transportation, trans-mitting the Department’s final rule — Oper-ations In Class D Airspace [Docket No.: FAA-2011-1396] (RIN: 2120-AK10) received June 8, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation and In-frastructure. \n6714. A letter from the Senior Program An-\nalyst, Department of Transportation, trans-mitting the Department’s final rule — Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Depar-ture Procedures; Miscellaneous Amendments [Docket No.: 30839; Amdt. No. 3476] received June 8, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation and In-frastructure. \n6715. A letter from the Senior Program An-\nalyst, Department of Transportation, trans-mitting the Department’s final rule — Amendment of Area Navigation (RNAV) Route Q-130; UT [Docket No.: FAA-2012-0438; Airspace Docket No. 11-AWP-20] received June 8, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation and In-frastructure. \n6716. A letter from the Senior Program An-\nalyst, Department of Transportation, trans-mitting the Department’s final rule — Amendment of Restricted Area R-2101; An-niston Army Depot, AL [Docket No.: FAA- 2012-0510; Airspace Docket No. 12-ASO-17] (RIN: 2120-AA66) received June 8, 2012, pursu-ant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation and Infrastructure. \n6717. A letter from the Senior Program An-\nalyst, Department of Transportation, trans-mitting the Department’s final rule — Cus-toms Broker Recordkeeping Requirements Regarding Location and Method of Record Retention [USCBP-2009-0019] (RIN: 1515- AD66) (formerly RIN: 1505-AC12) received June 8, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Ways and Means. \n6718. A letter from the Chief, Publications \nand Regulations Branch, Internal Revenue Service, transmitting the Service’s final rule — Update of Weighted Average Interest \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00444 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4603 June 28, 2012 \nRates, Yield Curves, and Segment Rates [No-\ntice 2012-43] received June 11, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Ways and Means. \n6719. A letter from the Chief, Publications \nand Regulations Branch, Internal Revenue Service, transmitting the Service’s final rule — Extension of Relief and Procedures Under Notice 2010-30 and Notice 2011-16 for Spouses of U.S. Servicemembers Who are Working In or Claiming Residence or Domicile In a U.S. Territory Under the Military Spouses Resi-dency Relief Act [Notice 2012-4113] received June 11, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Ways and Means. \n6720. A letter from the Chief, Publications \nand Regulations Branch, Internal Revenue Service, transmitting the Service’s final rule — Substantial Business Activities [TD 9592] (RIN: 1545-BK86) received June 11, 2012, pur-suant to 5 U.S.C. 801(a)(1)(A); to the Com-mittee on Ways and Means. \n6721. A letter from the Chief, Publications \nand Regulations Branch, Internal Revenue Service, transmitting the Service’s final rule — Surrogate Foreign Corporations [TD 9591] (RIN: 1545-BF47) received June 11, 2011, pur-suant to 5 U.S.C. 801(a)(1)(A); to the Com-mittee on Ways and Means. \nf \nREPORTS OF COMMITTEES ON \nPUBLIC BILLS AND RESOLUTIONS \nUnder clause 2 of rule XIII, reports of \ncommittees were delivered to the Clerk for printing and reference to the proper calendar, as follows: \nMr. GRAVES of Missouri: Committee on \nSmall business. Semiannual Report on the Activity of the Committee on Small business during the 112th Congress (Rept. 112–554). Re-ferred to the Committee of the Whole House on the State of the Union. \nMr. HALL: Committee on Science, Space, \nand Technology. Third Semiannual Report of Activities of the Committee on Science, Space, and Technology for the 112th Con-gress (Rept. 112–555). Referred to the Com-mittee of the Whole House on the State of the Union. \nMr. CAMP: Committee on Ways and \nMeans. Report on the Legislative and Over-sight Activities of the Committee on Ways and Means during the 112th Congress (Rept. 112–556). Referred to the Committee of the Whole House on the State of the Union. \nMr. MICA: Committee of Conference. Con-\nference report on H.R. 4348. A bill to provide an extension of Federal-aid highway, high-way safety, motor carrier safety, transit, and other programs funded out of the High-way Trust Fund pending enactment of a multiyear law reauthorizing such programs, and for other purposes (Rept. 112–557). Or-dered to be printed. \nMr. WEBSTER: Committee on Rules. \nHouse Resolution 717. Resolution providing for consideration of the bill (H.R. 5856) mak-ing appropriations for the Department of De-fense for the fiscal year ending September 30, 2013, and for other purposes; providing for consideration of the bill (H.R. 6020) making appropriations for financial services and gen-eral government for the fiscal year ending September 30, 2013, and for other purposes; and providing for consideration of the con-ference report to accompany the bill (H.R. 4348) to provide an extension of Federal-aid highway, highway safety, motor carrier safe-ty, transit, and other programs funded out of the Highway Trust Fund pending enactment of a multiyear law reauthorizing such pro-grams, and for other purposes (Rept. 112–558). Referred to the House Calendar. PUBLIC BILLS AND RESOLUTIONS \nUnder clause 2 of rule XII, public \nbills and resolutions of the following titles were introduced and severally re-ferred, as follows: \nBy Mr. FLAKE: \nH.R. 6047. A bill to amend the renewable \nfuel program under section 211(o) of the Clean Air Act to require the cellulosic biofuel requirement to be based on actual production; to the Committee on Energy and Commerce. \nBy Mr. TURNER of Ohio (for himself, \nMrs. M\nILLER of Michigan, Mr. W HIT-\nFIELD , Mrs. H ARTZLER , Mr. T IBERI , \nMr. J OHNSON of Ohio, Mr. F RANKS of \nArizona, Mr. A KIN, Mr. G OHMERT , Mr. \nNUNNELEE , Mr. P ALAZZO , Mr. C ON-\nAWAY , Mr. G OWDY , Mr. C RENSHAW , Mr. \nLAMBORN , Mr. C HAFFETZ , Mr. B ROOKS , \nMr. S TUTZMAN , Mr. R OKITA , Mr. P RICE \nof Georgia, Mr. L ANKFORD , Mr. A LEX-\nANDER , Mrs. B ONO MACK, Mr. M ACK, \nMr. M ARCHANT , Mr. N UNES , Mr. \nCOBLE , Mr. B ARTON of Texas, Mr. \nWOMACK , Mr. S ENSENBRENNER , Mr. \nCOFFMAN of Colorado, Mr. T ERRY , Mr. \nPITTS, Mr. M ICA, Mr. B UCHANAN , Mr. \nKELLY , Mr. F ITZPATRICK , Mr. L ANCE , \nMrs. B IGGERT , Mr. P OEof Texas, Mr. \nMCCAUL, Mr. S OUTHERLAND , Mr. \nLOBIONDO , Mr. H ARRIS , Mr. W ALBERG , \nMr. L UETKEMEYER , Mr. H ASTINGS of \nWashington, Mr. L ABRADOR , Mr. C UL-\nBERSON , Mr. R OGERS of Kentucky, Mr. \nCAMPBELL , Mr. H ARPER , Mr. C ANSECO , \nMr. I SSA, Mr. F ARENTHOLD , Mr. \nFLAKE , Mr. B RADY of Texas, Mrs. \nBLACKBURN , Mr. C RAWFORD , Mr. \nPOMPEO , Mr. Y OUNG of Indiana, Mr. \nSCHILLING , Mr. S CHOCK , Mr. D UFFY , \nMrs. E LLMERS , Mr. T HORNBERRY , Mr. \nGINGREY of Georgia, Mr. C OLE, Mr. \nBILBRAY , Mr. B ONNER , Mr. L ATTA , Mr. \nGERLACH , Mr. M CKEON, Mr. B ART-\nLETT , Mr. G ARRETT , Mr. B ASSof New \nHampshire, Mr. C ASSIDY , Mr. Y ODER , \nMrs. R OBY, Mr. T URNER of New York, \nMrs. S CHMIDT , Mr. S MITH of New Jer-\nsey, Mrs. M CMORRIS RODGERS , Mr. \nMANZULLO , Mr. G ARY G. M ILLER of \nCalifornia, Mr. D IAZ-BALART , Mr. \nMURPHY of Pennsylvania, Mr. S TIV-\nERS, Mr. S TEARNS , Mr. S HUSTER , Mr. \nBROUN of Georgia, Mr. W EST, Mr. \nKINGSTON , Mr. S HIMKUS , Mr. W EST-\nMORELAND , Mr. W ITTMAN , Mr. \nSCHWEIKERT , Mr. C HABOT , Mr. R OHR-\nABACHER , Mr. C ARTER , Mr. D UNCAN of \nTennessee, Mr. B ILIRAKIS , Ms. \nBUERKLE , Mr. R OONEY , Mr. H ECK, Mr. \nHUNTER , Mrs. B ACHMANN , Mr. P OSEY , \nMr. W ILSON of South Carolina, Mr. \nNUGENT , Mr. B ISHOP of Utah, Mr. \nPEARCE , Mr. M ILLER of Florida, Mr. \nFORBES , Mr. K INZINGER of Illinois, \nMr. L ATOURETTE , Mr. S IMPSON , and \nMrs. E MERSON ): \nH.R. 6048. A bill to amend the Internal Rev-\nenue Code of 1986 to repeal the individual and employer health insurance mandates; to the Committee on Ways and Means. \nBy Mr. FILNER: \nH.R. 6049. A bill to grant a right of first re-\nfusal to the La Jolla Historical Society with respect to the sale of the La Jolla Post Of-fice; to the Committee on Oversight and Government Reform. \nBy Mr. BECERRA (for himself, Mr. \nR\nANGEL , Mr. S TARK , Mr. M CDERMOTT , \nMr. L EWIS of Georgia, Mr. B ISHOP of \nNew York, Mr. H ONDA , Ms. N ORTON , \nMs. B ROWN of Florida, and Mr. F IL-\nNER): \nH.R. 6050. A bill to amend the Internal Rev-\nenue Code of 1986 to provide taxpayer protec-tion and assistance, and for other purposes; \nto the Committee on Ways and Means, and in addition to the Committee on Financial Services, for a period to be subsequently de-termined by the Speaker, in each case for \nconsideration of such provisions as fall with-in the jurisdiction of the committee con-cerned. \nBy Mrs. BONO MACK: \nH.R. 6051. A bill to amend certain provi-\nsions of title 49, United States Code, relating to motor vehicle safety, and for other pur-poses; to the Committee on Energy and Com-merce. \nBy Mr. GRAVES of Missouri (for him-\nself, Mr. J\nONES , Mr. W ESTMORELAND , \nMr. L ONG, Mr. W OLF, and Mrs. \nHARTZLER ): \nH.R. 6052. A bill to prohibit the use of funds \nfor the rule entitled ‘‘Provisional Unlawful Presence Waivers of Inadmissibility for Cer-tain Immediate Relatives’’ published by the Department of Homeland Security on April 2, 2012 (77 Fed. Reg. 19902); to the Committee on the Judiciary. \nBy Mr. MACK: \nH.R. 6053. A bill to repeal the provisions of \nthe Patient Protection and Affordable Care Act and the health-related provisions of the Health Care and Education Reconciliation Act of 2010 not declared unconstitutional by the Supreme Court; to the Committee on En-ergy and Commerce, and in addition to the Committees on Ways and Means, Education and the Workforce, the Judiciary, Natural Resources, House Administration, Appro-priations, and Rules, for a period to be subse-quently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. \nBy Mr. MACK: \nH.R. 6054. A bill to prohibit funding to im-\nplement any provision of the Patient Protec-tion and Affordable Care Act or of the health-related provisions of the Health Care and Education Reconciliation Act of 2010; to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, Education and the Workforce, the Judiciary, Natural Resources, and House Administration, for a period to be subse-quently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. \nBy Mr. REYES (for himself, Mr. \nC\nANSECO , Mr. H INOJOSA , Mrs. D AVIS of \nCalifornia, and Mr. G ENE GREEN of \nTexas): \nH.R. 6055. A bill to authorize the Commis-\nsioner of U.S. Customs and Border Protec-tion to enter into reimbursable fee agree-ments for the provision of customs services, and for other purposes; to the Committee on Ways and Means, and in addition to the Com-mittee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provi-sions as fall within the jurisdiction of the committee concerned. \nBy Mr. STIVERS (for himself and Mr. \nY\nARMUTH ): \nH.R. 6056. A bill to amend the Internal Rev-\nenue Code of 1986 to extend the energy effi-cient appliance credit; to the Committee on Ways and Means. \nBy Mr. MICA: \nH.R. 6057. A bill to provide an extension of \nFederal-aid highway, highway safety, motor carrier safety, transit, and other programs funded out of the Highway Trust Fund pend-ing enactment of a multiyear law reauthor-izing such programs; to the Committee on Transportation and Infrastructure, and in addition to the Committees on Ways and Means, Natural Resources, Science, Space, and Technology, and Energy and Commerce, \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00445 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4604 June 28, 2012 \nfor a period to be subsequently determined \nby the Speaker, in each case for consider-ation of such provisions as fall within the ju-risdiction of the committee concerned. \nBy Mr. MICA: \nH.R. 6058. A bill to provide an extension of \nFederal-aid highway, highway safety, motor carrier safety, transit, and other programs funded out of the Highway Trust Fund pend-ing enactment of a multiyear law reauthor-izing such programs; to the Committee on Transportation and Infrastructure, and in addition to the Committees on Natural Re-sources, and Science, Space, and Technology, for a period to be subsequently determined by the Speaker, in each case for consider-ation of such provisions as fall within the ju-risdiction of the committee concerned. \nBy Mr. CANSECO (for himself, Mr. \nH\nINOJOSA , Mr. P OSEY , Mr. C UELLAR , \nMr. W ESTMORELAND , Mr. D IAZ- \nBALART , and Mr. S ESSIONS ): \nH.J. Res. 113. A joint resolution providing \nfor congressional disapproval under chapter 8 of title 5, United States Code, of the rules submitted by the Department of the Treas-ury and the Internal Revenue Service relat-ing to the reporting requirements for inter-est that relates to deposits maintained at United States offices of certain financial in-\nstitutions and is paid to certain nonresident alien individuals; to the Committee on Ways and Means. \nBy Mr. ISSA: \nH. Res. 711. A resolution recommending \nthat the House of Representatives find Eric H. Holder, Jr., Attorney General, U.S. De-partment of Justice, in contempt of Congress for refusal to comply with a subpoena duly issued by the Committee on Oversight and Government Reform; considered and agreed to. \nBy Ms. JACKSON LEE of Texas (for \nherself, Mr. C\nONNOLLY of Virginia, \nMr. J OHNSON of Georgia, Ms. B ROWN \nof Florida, Mrs. M ALONEY , Mr. D AVIS \nof Illinois, and Mr. R ANGEL ): \nH. Res. 712. A resolution recommending \nthat the Speaker of the House of Representa-tives not move to proceed to the consider-ation of the House Resolution finding Eric H. Holder, Jr., Attorney General, U.S. Depart-ment of Justice, in contempt of Congress pursuant to the report of the Committee on Oversight and Government Reform; to the Committee on Rules. \nBy Mr. HASTINGS of Florida: \nH. Res. 713. A resolution expressing support \nfor the XIX International AIDS Conference (AIDS 2012) and the sense of the House of Representatives that continued commitment by the United States to HIV/AIDS research, prevention, and treatment programs is cru-cial to protecting global health; to the Com-mittee on Foreign Affairs, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdic-tion of the committee concerned. \nBy Mr. BERMAN (for himself and Mr. \nK\nEATING ): \nH. Res. 714. A resolution expressing support \nto end commercial whaling in all of its forms and to strengthen measures to conserve whale populations; to the Committee on For-eign Affairs, and in addition to the Com-mittee on Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provi-sions as fall within the jurisdiction of the committee concerned. \nBy Mr. KING of New York (for himself, \nMr. I\nSRAEL , Mr. A CKERMAN , Mr. H IN-\nCHEY , Mr. T URNER of New York, Mr. \nRANGEL , Mrs. M CCARTHY of New \nYork, and Mr. B ISHOP of New York): \nH. Res. 715. A resolution celebrating the \n50th anniversary of the Sagamore Hill His-toric Site; to the Committee on Natural Re-\nsources. \nBy Mr. SESSIONS (for himself, Mr. \nBUCHANAN , Ms. B UERKLE , Mr. \nBUCSHON , Mr. C ALVERT , Mr. C ANSECO , \nMrs. C APITO , Mr. C ARTER , Mr. C AS-\nSIDY, Ms. C ASTOR of Florida, Mr. \nCHABOT , Mr. C HAFFETZ , Mr. C OBLE , \nMr. C OFFMAN of Colorado, Mr. C OLE, \nMr. C ONAWAY , Mr. C OSTELLO , Mr. \nCRAVAACK , Mr. C RAWFORD , Mr. C REN-\nSHAW , Mr. C ULBERSON , Mr. B URGESS , \nMr. D ENT, Mr. D IAZ-BALART , Mr. \nDOLD, Mr. D UFFY , Mrs. E LLMERS , \nMrs. E MERSON , Mr. F ARENTHOLD , Mr. \nFLAKE , Mr. F LEISCHMANN , Mr. F LEM-\nING, Mr. F ORBES , Mr. F ORTENBERRY , \nMs. F OXX, Mr. F RANKS of Arizona, \nMr. F RELINGHUYSEN , Mr. G ARDNER , \nMr. G ARRETT , Mr. G ERLACH , Mr. S TIV-\nERS, Mr. S AMJOHNSON of Texas, Mr. \nBARTON of Texas, Mr. M CCAUL, Mr. \nFLORES , Mr. N EUGEBAUER , Mr. R OEof \nTennessee, Mr. G OHMERT , Mr. \nFITZPATRICK , Mr. A DERHOLT , Mr. \nCUELLAR , Mr. G RIFFIN of Arkansas, \nMr. C APUANO , Mr. J OHNSON of Illinois, \nMr. S ENSENBRENNER , Mr. P ALAZZO , \nMr. L ANDRY , Mr. B OUSTANY , Mr. \nGALLEGLY , Mr. M CKEON, Mrs. B ACH-\nMANN , Mr. U PTON , Mr. C AMP, Mr. \nHEINRICH , Mr. D REIER , Mr. A MODEI , \nMr. A USTRIA , Mr. B ACHUS , Mr. \nBENISHEK , Mr. B ERG, Mrs. B IGGERT , \nMr. B ILBRAY , Mr. B ILIRAKIS , Mr. \nBISHOP of Utah, Mrs. B LACK , Mrs. \nBLACKBURN , Mr. B ONNER , Mr. B OREN , \nMr. B ROUN of Georgia, Mr. T ERRY , \nMr. T HOMPSON of Pennsylvania, Mr. \nTHORNBERRY , Mr. T IBERI , Mr. T IPTON , \nMr. W ALDEN , Mr. W ALSH of Illinois, \nMr. W ALZof Minnesota, Mr. W AXMAN , \nMr. W EBSTER , Mr. W EST, Mr. W EST-\nMORELAND , Mr. W HITFIELD , Mr. M UR-\nPHY of Pennsylvania, Mr. N UGENT , \nMr. N UNNELEE , Mr. O LSON , Mr. \nPEARCE , Mr. P ITTS, Mr. P OMPEO , Mr. \nPOSEY , Mr. P RICE of Georgia, Mr. \nQUAYLE , Mr. R EICHERT , Mr. R ENACCI , \nMr. R IBBLE , Mr. R IGELL , Mr. R IVERA , \nMrs. R OBY, Mr. R OGERS of Alabama, \nMr. R OGERS of Michigan, Mr. R OHR-\nABACHER , Mr. R OKITA , Mr. R OSKAM , \nMs. R OS-LEHTINEN , Mr. R OSSof Flor-\nida, Mr. R OYCE , Mr. R UNYAN , Mr. \nRUPPERSBERGER , Mr. R YAN of Wis-\nconsin, Mr. S CHILLING , Mrs. S CHMIDT , \nMr. S CHOCK , Mr. A USTIN SCOTT of \nGeorgia, Mr. S ERRANO , Mr. S HIMKUS , \nMr. S HULER , Mr. S HUSTER , Mr. S IMP-\nSON, Mr. S MITH of Nebraska, Mr. \nSMITH of New Jersey, Mr. S MITH of \nTexas, Mr. S OUTHERLAND , Mr. H ER-\nGER, Ms. H ERRERA BEUTLER , Mr. \nHUELSKAMP , Mr. H UIZENGA of Michi-\ngan, Mr. H UNTER , Mr. H URT, Mr. I SSA, \nMr. J OHNSON of Ohio, Mr. J ORDAN , \nMr. K ELLY , Mr. K INGof Iowa, Mr. \nKINGof New York, Mr. K INGSTON , Mr. \nKINZINGER of Illinois, Mr. K LINE, Mr. \nLABRADOR , Mr. L ANCE , Mr. \nLANKFORD , Mr. L ATHAM , Mr. L ATOU-\nRETTE , Mr. L ATTA , Mr. L UETKEMEYER , \nMr. L IPINSKI , Mr. L OBIONDO , Mr. \nLUCAS , Mrs. L UMMIS , Mr. M ACK, Mr. \nMANZULLO , Mr. M ARCHANT , Mr. \nMARINO , Mr. M CCARTHY of California, \nMr. M CCLINTOCK , Mr. M CCOTTER , Mr. \nMCDERMOTT , Mr. M CHENRY , Mr. M EE-\nHAN, Mr. M ICA, Mr. M ILLER of Flor-\nida, Mr. M ORAN , Mr. M ULVANEY , Mr. \nGIBBS, Mr. G IBSON , Mr. G OSAR , Mr. \nGOWDY , Ms. G RANGER , Mr. G RAVES of \nMissouri, Mr. G RAVES of Georgia, Mr. \nGRIMM , Mr. G UTHRIE , Mr. H ALL, Mr. \nHARRIS , Mr. H ASTINGS of Washington, \nMs. H AYWORTH , Mr. H ECK, Mr. H EN-\nSARLING , Mr. W ILSON of South Caro-lina, Mr. W OMACK , Mr. W OODALL , Mr. \nYODER , Mr. Y OUNG of Florida, Mr. \nYOUNG of Indiana, Mr. A NDREWS , Mr. \nSTUTZMAN , Mrs. B ONO MACK, Mr. \nBROOKS , and Mr. R EHBERG ): \nH. Res. 716. A resolution expressing support \nfor designation of August 1, 2012, as ‘‘Na-tional Eagle Scout Day’’; to the Committee on Oversight and Government Reform. \nf \nMEMORIALS \nUnder clause 4 of rule XXII, memo-\nrials were presented and referred as fol-lows: \n235. The SPEAKER presented a memorial \nof the House of Representatives of the State of Michigan, relative to House Resolution No. 215 urging the Congress to reconsider the recommendations of the 2012 Air Force Structure Change Report; to the Committee on Armed Services. \n236. Also, a memorial of the House of Rep-\nresentatives of the State of Hawaii, relative to House Resolution No. 167 urging the Armed Forces Committee and Subcomittee on Military Personnel to act favorably on H.R. 2148; to the Committee on Armed Serv-ices. \n237. Also, a memorial of the House of Rep-\nresentatives of the State of Louisiana, rel-ative to House Concurrent Resolution No. 11 memorializing the Congress to defund and appropriate no future funding to Planned Parenthood; to the Committee on Energy and Commerce. \n238. Also, a memorial of the Senate of the \nState of Louisiana, relative to Senate Con-current Resolution No. 73 urging the Presi-dent and the Congress to maintain steadfast support for the State of Israel; to the Com-mittee on Foreign Affairs. \n239. Also, a memorial of the House of Rep-\nresentatives of the State of Louisiana, rel-ative to House Concurrent Resolution No. 42 memorializing the Congress to take such ac-tions as are necessary to encourage and en-able the United States Army Corps of Engi-neers to expedite their wetlands permitting process; to the Committee on Transportation and Infrastructure. \n240. Also, a memorial of the House of Rep-\nresentatives of the State of Louisiana, rel-ative to House Concurrent Resolution No. 7 memorializing the Congress to take such ac-tions as necessary to assist the the Vermilion Parish Police Jury; to the Com-mittee on Transportation and Infrastruc-ture. \nf \nCONSTITUTIONAL AUTHORITY \nSTATEMENT \nPursuant to clause 7 of rule XII of \nthe Rules of the House of Representa-tives, the following statements are sub-mitted regarding the specific powers granted to Congress in the Constitu-tion to enact the accompanying bill or joint resolution. \nBy Mr. FLAKE: \nH.R. 6047. Congress has the power to enact this legis-\nlation pursuant to the following: \nArticle I, Section 8 \nBy Mr. TURNER of Ohio: \nH.R. 6048. Congress has the power to enact this legis-\nlation pursuant to the following: \nArticle I, Section, 8, Clause 1 of the U.S. \nConstitution, as the Supreme Court of the United States has held that the imposition of the burdensome mandate on hardworking American taxpayers is an action Congress may take under its power to tax, and that \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00446 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4605 June 28, 2012 \nthis bill seeks to repeal sections of title 26 \nU.S.C., the Internal Revenue Code. \nBy Mr. FILNER: \nH.R. 6049. Congress has the power to enact this legis-\nlation pursuant to the following: \nThe constitutional authority of Congress \nto enact this legislation is provided by Arti-cle I, Section 8 of the United States Con-stitution (Clauses 7 and 18), which grants Congress the power to establish Post Offices and post Roads and to make all laws nec-essary and proper to execute these powers. \nBy Mr. BECERRA: \nH.R. 6050. Congress has the power to enact this legis-\nlation pursuant to the following: \nThe Congress enacts this bill pursuant to \nClause 1 of Section 8 of Article I of the United States Constitution and Amendment XVI of the United States Constitution. \nBy Mrs. BONO MACK: \nH.R. 6051. Congress has the power to enact this legis-\nlation pursuant to the following: \nCongress has the power to enact this legis-\nlation pursuant to clause 3 of section 8 of ar-ticle I of the Constitution. \nBy Mr. GRAVES of Missouri: \nH.R. 6052. Congress has the power to enact this legis-\nlation pursuant to the following: \nClause 4 of Section 8 of Article I of the \nConstitution, in creating the authority of the Congress, ‘‘To establish an uniform Rule of Naturalization.’’ \nand The 14th Amendment of the Constitution \nstating that, ‘‘All persons born or natural-ized in the United States,’’ are, ‘‘citizens of the United States and of the State wherein they reside.’’ \nBy Mr. MACK: \nH.R. 6053. Congress has the power to enact this legis-\nlation pursuant to the following: \nClause 1 of Section 8 of Article I of the \nUnited States Constitution. \nBy Mr. MACK: \nH.R. 6054. Congress has the power to enact this legis-\nlation pursuant to the following: \nClause 1 of Section 8 of Article I of the \nUnited States Constitution and Clause 7 of Section 9 of Article I of the United States Constitution. \nBy Mr. REYES: \nH.R. 6055. Congress has the power to enact this legis-\nlation pursuant to the following: \nArticle I, Section. 8. Clause 1: The Congress shall have Power \nTo lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States; \nClause 2: To borrow Money on the credit of \nthe United States; \nClause 3: To regulate Commerce with for-\neign Nations, and among the several States, and with the Indian Tribes; \nClause 4: To establish an uniform Rule of \nNaturalization, and uniform Laws on the subject of Bankruptcies throughout the United States; \nClause 5: To coin Money, regulate the \nValue thereof, and of foreign Coin, and fix the Standard of Weights and Measures; \nClause 6: To provide for the Punishment of \ncounterfeiting the Securities and current Coin of the United States; \nClause 7: To establish Post Offices and post \nRoads; \nClause 8: To promote the Progress of \nScience and useful Arts, by securing for lim-ited Times to Authors and Inventors the ex-clusive Right to their respective Writings \nand Discoveries; \nClause 9: To constitute Tribunals inferior \nto the supreme Court; \nClause 10: To define and punish Piracies \nand Felonies committed on the high Seas, and Offences against the Law of Nations; \nClause 11: To declare War, grant Letters of \nMarque and Reprisal, and make Rules con-cerning Captures on Land and Water; \nClause 12: To raise and support Armies, but \nno Appropriation of Money to that Use shall be for a longer Term than two Years; \nClause 13: To provide and maintain a Navy; Clause 14: To make Rules for the Govern-\nment and Regulation of the land and naval Forces; \nClause 15: To provide for calling forth the \nMilitia to execute the Laws of the Union, suppress Insurrections and repel Invasions; \nClause 16: To provide for organizing, arm-\ning, and disciplining, the Militia, and for governing such Part of them as may be em-ployed in the Service of the United States, reserving to the States respectively, the Ap-pointment of the Officers, and the Authority of training the Militia according to the dis-cipline prescribed by Congress; \nClause 17: To exercise exclusive Legisla-\ntion in all Cases whatsoever, over such Dis-trict (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places pur-\nchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;— And \nClause 18: To make all Laws which shall be \nnecessary and proper for carrying into Exe-cution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. \nBy Mr. STIVERS: \nH.R. 6056. Congress has the power to enact this legis-\nlation pursuant to the following: \nClause 1, Section 8 of Article 1 of the \nUnited States Constitution which reads: ‘‘The Congress shall have Power to lay and collect Taxes, Duties, Imposts, and Excises, to pay the Debts, and provide for the com-mon Defense and General Welfare of the United States; but all Duties and Imposts and Excises shall be uniform throughout the United States.’’ \nBy Mr. MICA: \nH.R. 6057. Congress has the power to enact this legis-\nlation pursuant to the following: \nArticle I, Section 8 of the United States \nConstitution, specifically Clause 1, Clause 3, Clause 7, and Clause 18. \nBy Mr. MICA: \nH.R. 6058. Congress has the power to enact this legis-\nlation pursuant to the following: \nArticle I, Section 8 of the United States \nConstitution, specifically Clause 1, Clause 3, Clause 7, and Clause 18. \nBy Mr. CANSECO: \nH.J. Res. 113. Congress has the power to enact this legis-\nlation pursuant to the following: \nCongress has authority to enact this legis-\nlation pursuant to Article I, Section 8, Clause 3 of the constitution. Should this IRS rule go into effect, commerce will likely be significantly impacted as deposits are pulled from U.S. financial institutions, thereby de-creasing capital available for lending. \nf \nADDITIONAL SPONSORS \nUnder clause 7 of rule XII, sponsors \nwere added to public bills and resolu-tions as follows: H.R. 23: Mr. L EWIS of Georgia and Mr. \nLIPINSKI . \nH.R. 718: Mr. T URNER of New York. \nH.R. 719: Mr. B RALEY of Iowa. \nH.R. 733: Mr. C HAFFETZ , Mr. W HITFIELD , \nand Mr. B ROOKS . \nH.R. 860: Mr. K ELLY . \nH.R. 1117: Mr. S IMPSON . \nH.R. 1219: Mr. L ONG. \nH.R. 1283: Mr. C HANDLER , Mr. T ONKO , and \nMr. L AMBORN . \nH.R. 1322: Mr. H INCHEY and Mr. H OLT. \nH.R. 1327: Mr. R EHBERG , Mr. C OLE, Mr. A US-\nTINSCOTT of Georgia, and Mr. M CGOVERN . \nH.R. 1370: Mr. R OHRABACHER and Mr. \nPEARCE . \nH.R. 1464: Ms. R OS-LEHTINEN and Mr. \nSTARK . \nH.R. 1475: Mr. V ANHOLLEN . \nH.R. 1506: Mr. T URNER of New York. \nH.R. 1549: Mr. B ROUN of Georgia. \nH.R. 1653: Mr. O LSON . \nH.R. 1675: Ms. H ANABUSA , Mr. D UFFY , Ms. \nJENKINS , Mr. C APUANO , and Ms. B ALDWIN . \nH.R. 1956: Mr. G OHMERT , Mr. F LAKE , and \nMr. A USTIN SCOTT of Georgia. \nH.R. 2014: Mrs. C APPS . \nH.R. 2069: Mr. S MITH of Washington. \nH.R. 2108: Mr. L ANCE . \nH.R. 2492: Mr. C OFFMAN of Colorado. \nH.R. 2580: Mr. R UNYAN . \nH.R. 2655: Mr. G IBSON . \nH.R. 2698: Mr. E LLISON . \nH.R. 2866: Mr. R AHALL . \nH.R. 2969: Mr. P AULSEN and Mr. T HOMPSON \nof Mississippi. \nH.R. 3017: Mr. F ARR. \nH.R. 3146: Ms. H ERRERA BEUTLER . \nH.R. 3187: Mr. C ALVERT , Mr. S IMPSON , Mr. \nBUCSHON , and Mr. U PTON . \nH.R. 3269: Mr. M ILLER of North Carolina, \nMr. L ATOURETTE , and Mr. B ARLETTA . \nH.R. 3343: Mr. G ONZALEZ . \nH.R. 3458: Mr. J OHNSON of Illinois. \nH.R. 3506: Ms. R OYBAL -ALLARD . \nH.R. 3510: Mr. G RIFFIN of Arkansas and Mr. \nLOBIONDO . \nH.R. 3511: Mr. N UNNELEE . \nH.R. 3591: Ms. K APTUR and Mr. F ATTAH . \nH.R. 3612: Ms. J ACKSON LEEof Texas. \nH.R. 3627: Mr. B ARLETTA . \nH.R. 3797: Mr. A NDREWS and Mr. S IRES. \nH.R. 3798: Ms. R ICHARDSON , Mr. D EUTCH , \nMs. R OYBAL -ALLARD , Ms. E DDIE BERNICE \nJOHNSON of Texas, and Mr. Q UIGLEY . \nH.R. 3803: Mr. B OREN and Mr. R EED. \nH.R. 3809: Mr. S IRES, Mr. L ANCE , Mr. A N-\nDREWS , and Mr. R OTHMAN of New Jersey. \nH.R. 3819: Mr. Q UAYLE , Mr. F LEMING , Mr. \nNEUGEBAUER , Mr. D UNCAN of South Carolina, \nMr. G RAVES of Georgia, Mr. M ULVANEY , and \nMr. G OHMERT . \nH.R. 3860: Mr. M CDERMOTT . \nH.R. 3861: Mr. W ALBERG . \nH.R. 3993: Mr. G ENEGREEN of Texas. \nH.R. 4077: Mr. C OLE. \nH.R. 4155: Mrs. D AVIS of California. \nH.R. 4290: Mr. H ONDA and Mr. S MITH of \nWashington. \nH.R. 4305: Mr. C ONNOLLY of Virginia and \nMr. K ISSELL . \nH.R. 4367: Mr. C OBLE , Mr. W ITTMAN , Mr. \nPENCE , Ms. F OXX, and Mr. P RICE of North \nCarolina. \nH.R. 4373: Mr. M ANZULLO and Mr. D AVIS of \nIllinois. \nH.R. 4643: Mr. S MITH of Washington. \nH.R. 4965: Mr. P OEof Texas and Mr. K INGof \nIowa. \nH.R. 5186: Ms. P INGREE of Maine. \nH.R. 5542: Mr. T ONKO . \nH.R. 5707: Ms. R ICHARDSON and Mr. C OHEN . \nH.R. 5719: Mr. K UCINICH . \nH.R. 5787: Ms. D ELAURO . \nH.R. 5796: Mr. S HERMAN . \nH.R. 5817: Mr. L ONG. \nH.R. 5822: Mr. P OEof Texas. \nH.R. 5848: Mr. H IMES. \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00447 Fmt 4634 Sfmt 9920 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — HOUSE H4606 June 28, 2012 \nH.R. 5850: Mrs. M ALONEY . \nH.R. 5851: Mr. H ONDA . \nH.R. 5910: Mr. R EICHERT . \nH.R. 5911: Mr. P AULSEN . \nH.R. 5912: Mr. R IBBLE . \nH.R. 5943: Mr. T HOMPSON of Pennsylvania. \nH.R. 5948: Mr. S TIVERS . \nH.R. 5952: Mrs. L UMMIS and Mr. P OSEY . \nH.R. 5953: Mrs. M YRICK and Mr. H UNTER . \nH.R. 5955: Mr. C OSTELLO . \nH.R. 5963: Mr. F RANKS of Arizona, Mr. \nPAULSEN , Mr. A KIN, and Mr. P OSEY . \nH.R. 5969: Mr. R OSSof Florida and Mrs. \nNOEM. \nH.R. 5970: Mr. R OSSof Florida and Mrs. \nNOEM. \nH.R. 5975: Mr. B LUMENAUER . \nH.R. 5978: Mr. T OWNS and Mrs. N APOLITANO . \nH.R. 5993: Mr. J OHNSON of Illinois. \nH.R. 5997: Mr. K INGof New York. \nH.R. 5998: Mr. P RICE of Georgia. \nH.R. 6009: Mr. B ISHOP of Utah. \nH.R. 6025: Mr. Q UAYLE and Mr. C UELLAR . \nH.R. 6042: Ms. N ORTON . H. J. Res. 90: Mr. S TARK , Mr. C ICILLINE , and \nMr. S MITH of Washington. \nH. Con. Res. 119: Ms. S CHAKOWSKY . \nH. Con. Res. 127: Mr. F ORBES and Mr. S COTT \nof South Carolina. \nH. Con. Res. 129: Ms. G RANGER , Mr. C OLE, \nMr. S TIVERS , Mr. C ALVERT , Mr. B ERG, Mr. \nGARAMENDI , and Mr. G IBSON . \nH. Res. 144: Mr. C LAY. \nH. Res. 367: Mr. M ILLER of Florida. \nH. Res. 609: Mr. C ONNOLLY of Virginia. \nH. Res. 618: Ms. M CCOLLUM , Mr. C OHEN , Mr. \nSABLAN , Mr. W OLF, Mrs. S CHMIDT , and Mr. \nMCINTYRE . \nH. Res. 623: Mr. M ILLER of Florida and Mr. \nPOEof Texas. \nH. Res. 689: Mr. R OSS of Arkansas, Mr. \nDEFAZIO, Mr. E NGEL , Mr. R USH, Mr. \nBUTTERFIELD , Mr. C HANDLER , Mr. \nGARAMENDI , Mr. H ONDA , Ms. M ATSUI , Ms. \nBASS of California, Ms. R ICHARDSON , Mr. \nTHOMPSON of Mississippi, Mr. S HULER , Mr. \nSHERMAN , Ms. B ERKLEY , Mr. K IND, Mr. \nPETERSON , Mr. K ISSELL , Mr. W ALZ of Min-nesota, Mr. C OHEN , Ms. C HU, Ms. S CHA-\nKOWSKY , Ms. V ELA´ZQUEZ , Mr. L EWIS of Geor-\ngia, Mr. C LEAVER , Mr. L ARSON of Con-\nnecticut, Mr. G ENE GREEN of Texas, Mr. \nCROWLEY , Ms. S LAUGHTER , Mr. K EATING , Mr. \nBRADY of Pennsylvania, Mr. M ARKEY , Mr. \nPALLONE , Mr. Q UIGLEY , Mr. T OWNS , Mr. L AN-\nGEVIN , Mr. D ICKS, Mr. O LVER , Mr. P ERL-\nMUTTER , Mr. R AHALL , Mr. D OYLE , Mr. T HOMP -\nSONof California, Mr. D EUTCH , Mr. S COTT of \nVirginia, Mr. W ELCH , Ms. S UTTON , Ms. \nBONAMICI , Mr. K ILDEE , Ms. S CHWARTZ , Mr. \nCRITZ, Mrs. D AVIS of California, Mr. E LLISON , \nMr. P IERLUISI , Ms. B ALDWIN , Mr. V ANHOL-\nLEN, Mr. L OEBSACK , Mr. S ERRANO , and Mr. \nLUJA´N. \nH. Res. 695: Mr. G OHMERT , Mrs. B LACKBURN , \nMr. P ITTS, Mr. W ALBERG , Mr. W ILSON of \nSouth Carolina, Mrs. L UMMIS , Mr. R OEof \nTennessee, Mr. D UNCAN of South Carolina, \nand Mr. H ARRIS . \nVerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00448 Fmt 4634 Sfmt 0634 E:\\RECORD12\\RECFILES\\H28JN2.REC H28JN2bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE Congressional RecordUNUMEPLURIBUS\nUnited States\nof America PROCEEDINGS AND DE BATES OF THE 112th CONGRESS, SECOND SESSION\n∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.\n.S4689 Vol. 158 WASHINGTON, THURSDAY, JUNE 28, 2012 No. 99 \nSenate \nThe Senate met at 9:30 a.m. and was \ncalled to order by the Honorable T OM \nUDALL , a Senator from the State of \nNew Mexico. \nPRAYER \nThe Chaplain, Dr. Barry C. Black, of-\nfered the following prayer: \nLet us pray. God of liberty, as our Nation pre-\npares to celebrate its independence, we thank You that the rights of its citi-zens come from You. We praise You not only for the unalienable rights in the Declaration of Independence and Con-stitution but for the liberty we have in You: freedom from guilt, sin, addiction, and fear. \nUse our lawmakers to protect and de-\nfend the freedoms for which so many have given their lives. Inspire our Sen-ators to keep Your teachings in their hearts so that they may live for You. \nWe commit this day to You and \nthank You in advance for Your pres-ence and power. \nWe pray in Your great Name. Amen. \nf \nPLEDGE OF ALLEGIANCE \nThe Honorable T OMUDALL led the \nPledge of Allegiance, as follows: \nI pledge allegiance to the Flag of the \nUnited States of America, and to the Repub-lic for which it stands, one nation under God, indivisible, with liberty and justice for all. \nf \nAPPOINTMENT OF ACTING \nPRESIDENT PRO TEMPORE \nThe PRESIDING OFFICER. The \nclerk will please read a communication to the Senate from the President pro tempore (Mr. I\nNOUYE ). \nThe assistant legislative clerk read \nthe following letter: \nU.S. S ENATE , \nPRESIDENT PRO TEMPORE , \nWashington, DC, June 28, 2012. \nTo the Senate: \nUnder the provisions of rule I, paragraph 3, \nof the Standing Rules of the Senate, I hereby appoint the Honorable T OMUDALL , a Senator \nfrom the State of New Mexico, to perform the duties of the Chair. \nD\nANIEL K. INOUYE , \nPresident pro tempore. \nMr. UDALL of New Mexico thereupon \nassumed the chair as Acting President pro tempore. \nf \nRECOGNITION OF THE MAJORITY \nLEADER \nThe ACTING PRESIDENT pro tem-\npore. The majority leader is recog-nized. \nf \nSMALL BUSINESS JOBS AND TAX \nRELIEF ACT—MOTION TO PROCEED \nMr. REID. Mr. President, I move to \nproceed to Calendar No. 341, S. 2237. \nThe ACTING PRESIDENT pro tem-\npore. The clerk will report the motion. \nThe assistant legislative clerk read \nas follows: \nMotion to proceed to Calendar No. 341, S. \n2237, a bill to provide a temporary income tax credit for increased payroll and extend bonus depreciation for an additional year, and for other purposes. \nf \nSCHEDULE \nMr. REID. Mr. President, the next \nhour will be divided between the Re-publicans and Democrats. The Repub-licans will control the first half and the majority will control the final half. \nIt was last night, but just barely, \nwhen we finally worked out some agreement on a piece of legislation we are dealing with. The House posted that last night just before midnight to meet their rules. It includes the trans-portation conference and flood insur-ance and student loans in one package. I say to all of my Senators that we are going to finish this before we leave. I hope we can do it today. We certainly can if the will is there. Otherwise, if it takes tomorrow or whenever, we have to finish the bill. I know everyone has a lot of work to do, but we have to fin-\nish this legislation. The student loan program expires at the end of the month. The highway program has to be completed by the end of the month. The work that has been done has been hard. \nI met with the Democratic chairs \nyesterday at noon. I explained to ev-eryone that we were trying to work our way through this. These are veteran legislators, the chairmen of all of the committees here in the Senate. We talked a lot about compromise being what legislation is all about. Legisla-tion is the art of compromise, con-sensus building, but when it comes right down to doing that, it is hard for Senators to give up what they want. But this is a bill that affects almost 3 million people. That is just the trans-portation part of it—the flood part, 7 million people, and the student loan, 7 million people. So everyone had to give a little bit or we could not have gotten this done. \nI am terribly disappointed on a part \nof what did not get done. I have always been a big fan of the Land and Water Conservation Fund. I do not have a bet-ter friend in the world than Ken Sala-zar. This is something he wanted so very much, but we could not get it done. So there is a lot of disappoint-ment in many different areas. \nBut this is legislation at its best. I \nsay that purposefully. It is hard to get these pieces of legislation done, but we got it done. And as I said, we are going to work through the process. With the Senate being such that it is, people can hold measures up, but they cannot hold them up forever. So we are going to work through this. It is for the better-ment of our country if we complete this legislation as quickly as possible. \nMEASURE PLACED ON THE CALENDAR —S. 3342 \nMr. REID. Mr. President, S. 3342 is at \nthe desk and due for its second reading. \nThe ACTING PRESIDENT pro tem-\npore. The clerk will read the title of the bill for the second time. \nVerDate Mar 15 2010 23:58 Jun 28, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\\CR\\FM\\A28JN6.000 S28JNPT1smartinez on DSK7SPTVN1PROD with SENATE CONGRESSIONAL RECORD — SENATE S4690 June 28, 2012 \nThe assistant legislative clerk read \nas follows: \nA bill (S. 3342) to improve information se-\ncurity, and for other purposes. \nMr. REID. Mr. President, I would ob-\nject to any further proceedings with re-spect to this matter at this time. \nThe ACTING PRESIDENT pro tem-\npore. Objection is heard. The bill will be placed on the calendar. \nHEALTH CARE \nMr. REID. Mr. President, there is a \nlot going on in Washington today. I so admire the Supreme Court’s ability to keep everything quiet. I mean, it is really incredible that we are going to have two major decisions this week— one dealing with immigration, one dealing with health care—and there has not been a single word that has come out of the Supreme Court. I am so impressed. That is the way it has al-ways been, and I hope it stays that way. \nToday the Supreme Court will rule \non the constitutionality of the land-mark health reform that made afford-able, quality care a right for every American. Millions of Americans are already seeing the benefits of this law—I repeat, millions of Americans. The Democrats are very proud that we stood for the right of every man, woman, and child to lifesaving medical care instead of standing for insurance companies that worry more about making money than making people better. \nThe Supreme Court’s decision, being \na lawyer myself—I know the Presiding Officer was the chief legal officer for the State of New Mexico, the attorney general—when you are in the area of law and are a lawyer, whatever the Court does, you accept that. That is our form of government. We are a na-tion of laws, not a nation of men. So whatever the Court does, we will work through that. If they uphold it, that is great. If they do not uphold it, what-ever it is, we stand ready, willing, and able to work to make sure Americans have the ability to get health care when they are sick. \nI look forward to the opinion coming \nout in the next half hour or so, and we will see what that holds. I know that will cause a lot of interest here in the Senate, but we cannot take our eyes off what we have to do today; that is, fig-ure a way forward on these other mat-ters with which we have to deal—flood insurance, student loans, and the big Transportation bill. \nRESERVATION OF LEADER TIME \nThe ACTING PRESIDENT pro tem-\npore. Under the previous order, the leadership time is reserved. \nThe ACTING PRESIDENT pro tem-\npore. Under the previous order, the fol-lowing hour will be equally divided and controlled between the two leaders or their designees, with the Republicans controlling the first half and the ma-jority controlling the final half. \nThe Senator from Wyoming is recog-\nnized. DEBT AND DEFICIT \nMr. ENZI. Mr. President, I come to \nfloor to talk about a bit of a crisis the United States is in right now. We are out of money, but we are not recog-nizing that we are out of money. We must make that realization soon. We are going to have to do some work for this country to keep it operating so that the next generation has the same hope as the present generation. \nI think the best example of where we \nare is probably this highway bill. High-ways are important to this country. We need them to get from one place to an-other. We need them to move the goods across this country to keep the econ-omy going—highways are extremely important. Highways have always been funded from a gas tax, until now. Using different funding is a prime example of what is about to happen in all of the bills that we do because we have run out of money and we haven’t taken the necessary steps to solve that crisis. \nWhen the highway bill came to the \nFinance Committee, I suggested that we ought to change the gas tax so that there was an inflationary rate added each year for the following year. That was the least that I could think of to do for highways. It would have added half a cent a gallon. The price fluc-tuates at the pump more than half a cent a day. \nI have to tell you, though, that I \nreally thought there would be strong support for doing something like that, taking a minimal step. I had the amendment devised so that it could be changed easily to increase that amount. The Simpson-Bowles deficit commission said—and this was over a year and a half ago—that for the next 3 years, we needed to raise the gas tax 5 cents per year for 3 years. So we real-ly ought to be at 7\n1⁄2cents or 10 cents \nin increase already. Now, if we did that, the highway bill could be funded from highway funds. And that is a user fee. If you drive, you buy gas. If you buy gas, you pay for the highways on which you drive. \nI have been talking about this ever \nsince we started on the highway bill, and I have not had anybody say to me: You are wrong, we should not raise the gas tax. I was really surprised. I thought there would be a huge outcry and that I would be in a lot of trouble for suggesting a raise in the gas tax. But America understands we are broke better than Congress understands. \nBoth parties told me we would not \nvote on my amendment. And we didn’t vote on that amendment in committee, and we didn’t vote on that amendment on the floor. Of course, by my count, I think I had two Democrats supporting me and two Republicans supporting me, but we didn’t even really get to de-bate it. We should debate it. We should go to the logical spot for highway money, the spot that through the his-tory of highways has been used to fund highways. \nSo where are we getting the money? \nWell, we did raise the tax on people who have pensions, and that is very im-\nportant. There is a trust fund—the Pension Benefit Guaranty Corporation has a trust fund to see that if a com-pany goes out of business and it had promised pensions, then the Pension Benefit Guaranty Corporation’s trust fund makes up part of that. They do not make up all of it, but they make it \npart of it. So it is an insurance policy for people across America who have pensions. And we said: That needs a lit-tle bit more of a jolt. So we did a cou-ple of things. One of the things was to do some smoothing so companies would not have to put quite as much money into the fund, and therefore they would have maybe more profit, and on the profit they would pay taxes, and we can steal those taxes to put in the highway trust fund so that we can build the highways. We have never sto-len money to pay for highways before. Never use the Pension Benefit Guar-anty trust before. But this bill does that. And then there is another little bit of money that comes right out of the Pension Benefit Guarantee trust fund that goes into the highway bill. That is the wrong way to do business. We should not violate trust funds. \nWait until the seniors who said \n‘‘don’t touch my Social Security’’ real-ize that Social Security is a trust fund and that we are stealing from trust funds. I think we will hear a furor across this country that will be un-matched if Social Security is touched. So we are not touching that one—yet. \nWe have maxed out our credit cards. \nYou know what a maxed-out credit card is. That is when you buy some-thing and the clerk says: I am sorry, but there is a hold on your card. When you check on it, you find out that you have so much debt with that credit card company that they are not going to let you charge any more. Well, we have maxed out a lot of our credit cards. We are relying on foreign coun-tries to help us out with our debt. There is a problem in Europe right now. The euro is having a real tough strain. Eight of the banks that have a lot of euros have invested that in U.S. bonds because we are the safest place in the world. But if those banks col-lapse, they will need their money. Be-tween those eight euro banks and the four Japanese banks, that is 40 percent of the money, almost 40 percent of the money we borrow from other countries in order to keep our government going. We are at $16 trillion worth of debt. What is worse, we have quadrupled the bottom line on the Federal Reserve. We have made money—we have printed money to four times the amount of money we had 3 years ago. \nWe are facing some really difficult \ntimes, and we are going to have to deed up to those. One of those ways would be to raise the gas tax and to do the high-way bill the way the highway bill ought to be done. \nNow, I mention these trust funds, and \nI mention them for a very specific rea-son; that is, they found a trust fund \nVerDate Mar 15 2010 23:58 Jun 28, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\\CR\\FM\\G28JN6.011 S28JNPT1smartinez on DSK7SPTVN1PROD with SENATE CONGRESSIONAL RECORD — SENATE S4691 June 28, 2012 \nthey could violate. They did it very \ncleverly. They did not mention it to anybody who is going to be affected by the trust fund. Fortunately, there were some diligent people who took a look at that highway trust fund bill, and they said: Wow, they are going after abandoned mine land money in this bill. \nThat is an abandoned mine land trust \nfund. The money comes from coal that is mined, and the money, the tax on that coal, is supposed to go to fix aban-doned mines across the country. The conference report’s drafters found $700 million in that trust fund. That trust fund hasn’t maxed out its credit cards because, so far, we are still mining coal in this country, and so far there is money going into it. \nBut there are uses for that money \nthat need to be achieved. It helps fix abandoned mine lands. Another use is taking care of orphan miners. I men-tioned the pension folks before; when their company goes out of business, they get a little help. Under the aban-doned mine land trust fund, if a coal company goes out of business and the miners don’t have any health insurance then part of this abandoned mine land money goes to make them whole in the health insurance area. \nThis system was part of a grand coa-\nlition that came together to solve some problems that are involved with min-ing in America. The companies and the employees and the States that were in-volved said this probably isn’t the per-fect solution, but it helps a lot of peo-ple, so we were going to do it, and we did it. We were able to override a point of order on the budget in order to maintain that trust fund and move the money from the trust fund to where it was supposed to be used. \nFor more than a decade, the money \nwasn’t even taken out of the trust fund, and do you know why? Anytime I asked about it and said we needed some of the money, the government said: Oh, I am sorry. You will have to put some money in there so we can take the money out. I said: What kind of a trust fund do you have to put money into twice before you can get money out? The money already went in there once before. Here is how it works. The money goes into bonds and the bonds go into the drawer and the money gets spent. Think about that. Seniors have been complaining about the Social Se-curity trust fund and how we have been spending money from the Social Secu-rity trust fund. They were more clever than most people who are involved in trust funds because they figured it out. \nThe Social Security trust fund has a \nwhole bunch of bonds in the drawer. It doesn’t have money in the drawer. But don’t worry, those bonds are backed by the full faith and credit of the United States of America, and Europe is about to have a huge problem. \nIt is kind of interesting. In America, \nevery single man, woman, and child owes more than $49,000 in national debt—and it is growing daily. In one meeting I attended, I mentioned that \nfigure and somebody said: Can I pay my $49,000 and not be responsible for the rest of it? I said that is not the way it works. Even if we could do that, that is not the way it works. So it is $49,000 for every man, woman, and child in the United States. If a child is born today, we can tag him or her with a $49,000 debt immediately. \nWhy is that significant? You have \nprobably watched Greece and Italy. Greece and Italy had to do 19 percent cuts. They cut pension plans 19 per-cent. They cut employees 19 percent. They cut the number of employees 19 percent. They cut the services they provide by 19 percent. They cut every-thing by 19 percent. You probably saw there were some riots in their coun-tries. If we cut 19 percent, there would be riots in this country. Here is an in-teresting fact. In Italy, they only owe $40,000 per person. In Greece, they only owe $39,000 per person. We owe $49,000 per person. We are considered to be the safest place in the world to put your money, and I think that is right—at the moment—and it will change if we don’t act soon. \nIf we keep doing what we are doing in \nthe highway trust fund—and it shows better there than any other place I can think of—we won’t be a secure place to invest. The way we are fiddling with funds and shuffling credit cards so we are not using the maxed-out ones, has to stop, my friends. \nWith the highway bill before us, the \nconferees did construct a bill so they could get quite a few votes on it. They put a limit on the amount of money certified states could get from the abandoned mine land trust fund. It doesn’t discriminate against very many States. It does discriminate against Wyoming, and so I make a plea that they not do that and remove the section of the bill. Trust fund money needs to go for what the trust fund said the money would go for. \nEven if they decide to steal from Wy-\noming—and I hope they don’t—but even if they do, the money ought to go into the other States that are a part of the trust fund that need to do mine clean up. Over the 10 years of the bill, it takes about $715 million worth of money from the abandoned mine land trust fun—10 years. I did mention 10 years. \nThere is a reason I mentioned 10 \nyears. This highway bill we are talking about doesn’t get all the money from all the places we are stealing from in a short enough period to pay for the highways we are going to build over the life of that bill. After the bill ex-pires and all those things have been built, we will still be trying to collect the money from the sources it has been stolen from in order to pay for what has already been built. OK. What hap-pens when we get to the end of this highway bill, and we are still waiting for all the places we stole the money from to get the money in? Where do we steal the next money from? We better raise the gas tax. We better take a look \nat what we are doing, and make changes. If there is a user fee—and that \nis what the gas tax is—if we use the highways, we buy gas; if we buy gas, we pay into the trust fund. We should use the user fee to pay for highways. We have an additional problem that is the user fee is probably diminishing be-cause there are cars that run on elec-tricity now, and that will probably be increasing. Alternative fuels will be in-creasing, and that will affect how much money goes into the trust fund. \nBut just to meet the immediate \nneeds, there needs to be something done, and stealing from other trust funds is not the way to do it. If we get in the habit of stealing from trust funds, Social Security will have to watch out. Of course, that will be the end of the road for a lot of people in this body if they start stealing from Social Security. But it ought to be the end of the road for people if they are stealing from other trust funds because it starts the habit, and we can’t afford that habit. \nMr. REID. Mr. President, I ask unan-\nimous consent the order for the quorum call be rescinded. \nThe ACTING PRESIDENT pro tem-\npore. Without objection, it is so or-dered. \nThe majority leader is recognized. \nAFFORDABLE CARE ACT \nMr. REID. Mr. President, I am happy, \nI am pleased to see the Supreme Court put the rule of law ahead of partisan-ship and ruled that the affordable care act is constitutional. \nThis is a long opinion. We know when \nwe come back here after the elections there may be some work we need to do to improve the law, and we will do it together. But today millions of Ameri-cans are already seeing the benefits of the law we passed. Seniors are saving money on their prescriptions and checkups, children can no longer be de-nied insurance because they have a pre-existing condition—protection that will soon extend to every American. No longer will American families be a car accident or heart attack away from bankruptcy. \nEvery Thursday I have a ‘‘Welcome \nto Washington.’’ Today we had a group of people from Nevada who have or have relatives who have cystic fibrosis. \nIt has been so hard for these young \npeople to get insurance. It is not going to be that way anymore. No longer will Americans live in fear of losing their health insurance because they lose a job. No longer will tens of millions of Americans rely on emergency room care or go without care entirely be-cause they have no insurance at all. Soon, virtually every man, woman, and child in America will have access to health insurance they can afford and the vital care they need. \nPassing the Affordable Care Act was \nthe single greatest step in generations toward ensuring access to affordable, quality health care for every person in America, regardless of where they live or how much money they make. \nVerDate Mar 15 2010 23:58 Jun 28, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\\CR\\FM\\G28JN6.012 S28JNPT1smartinez on DSK7SPTVN1PROD with SENATE CONGRESSIONAL RECORD — SENATE S4692 June 28, 2012 \nUnfortunately, Republicans in Con-\ngress continue to target the rights and benefits guaranteed under this law. They would like to give the power of life and death back to the insurance companies. Our Supreme Court has spoken. This matter is settled. \nNo one thinks this law is perfect. The \nPresiding Officer doesn’t and neither do I. Democrats have proven we are willing to work with Republicans to improve whatever problems exist in this law or, in fact, any other law. \nMillions of Americans are struggling \nto find work today, and we know that. Our first priority must be to improve the economy. It is time for Republicans to stop refighting yesterday’s battles. Now that this matter is settled, let’s move on to other issues such as jobs. \nI note the absence of a quorum. The ACTING PRESIDENT pro tem-\npore. The clerk will call the roll. \nThe legislative clerk proceeded to \ncall the roll. \nMr. M\nCCONNELL. I ask unanimous \nconsent that the order for the quorum call be rescinded. \nThe PRESIDING OFFICER. Without \nobjection, it is so ordered. \nRECOGNITION OF THE MINORITY LEADER \nThe ACTING PRESIDENT pro tem-\npore. The Republican leader is recog-nized. \nHEALTH CARE RULING \nMr. M CCONNELL. Mr. President, 21⁄2 \nyears ago a Democratic President teamed up with a Democratically led Congress to force a piece of legislation on the American people they never asked for and that has turned out to be just as disastrous as many of us pre-dicted. Amid economic recession, a spi-raling Federal debt, and accelerated in-creases in government health spending, they proposed a bill that made all those problems worse. \nAmericans were promised lower \nhealth care costs, and they are going up. Americans were promised lower premiums, and they are going up. Most Americans were promised their taxes wouldn’t change, and they are going up. Seniors were promised Medicare would be protected. It was raided to pay for a new entitlement instead. Americans were promised it would cre-ate jobs. The CBO predicts it will lead to nearly 1 million fewer jobs. Ameri-cans were promised they could keep their health plans if they liked it. Yet millions have learned they can’t. \nThe President of the United States \npromised up and down that this bill was not a tax. This was one of the Democrats’ top selling points because they knew it would never have passed if they said it was a tax. The Supreme Court has spoken. This law is a tax. The bill was sold to the American peo-ple on a deception. It is not just that the promises about this law weren’t kept; it is that it made the problems it was meant to solve even worse. The supposed cure has proven to be worse than the disease. \nSo the pundits will talk a lot about \nwhat they think today’s ruling means and what it doesn’t mean, but I can as-\nsure you this: Republicans will not let up whatsoever in our determination to repeal this terrible law and replace it with the kind of reforms that will truly address the problems it was meant to solve. \nLook, we have passed plenty of ter-\nrible laws around here that the Court finds constitutional. Constitutionality was never an argument to keep this law in place, and it is certainly not one we will hear from Republicans in Con-gress. There is only one way to truly fix ObamaCare—and only one way—and that is a full repeal that clears the way for commonsense, step-by-step reforms that protect Americans’ access to the care they need from the doctor they choose at a lower cost. That is pre-cisely what Republicans are committed to doing. \nThe American people weren’t waiting \non the Supreme Court to tell them whether they supported this law. That question was settled 2\n1⁄2years ago. The \nmore the American people have learned about this law, the less they have liked it. \nNow that the Court has ruled, it is \ntime to move beyond the constitu-tional debate and focus on the primary reason this law should be fully repealed and replaced—because of the colossal damage it has already done to our health care system, to the economy, and to the job market. \nThe Democrat’s health care law has \nmade things worse. Americans wanted repeal, and that is precisely what we intend to do. Americans want us to start over, and today’s decision does nothing to change that. The Court’s ruling doesn’t mark the end of the de-bate. It marks a fresh start on the road to repeal. That has been our goal from the start. That is our goal now, and we plan to achieve it. The President has done nothing to address the problems of cost, care, and access. We will. \nI yield the floor. I suggest the ab-\nsence a quorum. \nThe ACTING PRESIDENT pro tem-\npore. The clerk will call the roll. \nThe legislative clerk proceeded to \ncall the roll. \nMr. UDALL of New Mexico. Mr. \nPresident, I ask unanimous consent that the order for the quorum call be rescinded. \nThe PRESIDING OFFICER (Mr. \nW\nHITEHOUSE ). Without objection, it is \nso ordered. \nHONORING OUR ARMED FORCES \nARMY STAFF SERGEANT ISRAEL NUANES \nMr. UDALL of New Mexico. Mr. \nPresident, just last month we com-memorated Memorial Day. Memorial Day is a day of remembrance, a day of \nmourning, and a day of gratitude. It is a day when Americans from all walks of life gather to thank and honor the people we have lost, to honor the men and women who gave their lives in service to our country, and to acknowl-edge a debt that can never truly be paid. \nI rise today to honor Army SSG \nIsrael Nuanes. Staff Sergeant Nuanes died on Saturday, May 12, while serv-\ning in Kandahar Province in Afghani-stan. He was fatally injured by the det-onation of an improvised explosive de-vice. He was 38 years old. \nIn the decade that our Nation has \nbeen at war in Afghanistan, thousands of men and women have volunteered to serve our country. In order to protect others, they put their own lives at risk. They leave their homes and their loved ones to defend the freedoms we hold dear. Nearly 2,000 of them, thus far, will not come home. \nStaff Sergeant Nuanes was from Las \nCruces, NM. He lived most of his adult life as a soldier. He was assigned to the 741st Ordnance Company, 84th Explo-sive Ordnance Disposal Battalion, 71st Ordnance Group. He served two tours of duty in Iraq. After returning from Iraq in 2010, he enlisted for 6 more years. His unit deployed to Afghanistan ear-lier this year. \nTime and again he answered the call \nof his country. President Kennedy said: \nStories of past courage . . . can teach, they \ncan offer hope, they can provide inspiration. But, they cannot supply courage itself. For this, each man must look into his own soul. \nIn Iraq, in Afghanistan, wherever his \ncountry needed him, Staff Sergeant Nuanes had that courage. Despite the danger, despite the risk, he went where his country sent him with commit-ment, with determination, and with an unflinching sense of duty. He was awarded the Bronze Star and the Pur-ple Heart. There is sorrow in his death, but also inspiration in his life. \nThis courageous soldier loved his \nfamily. He loved his country. He made the ultimate sacrifice defending it. He leaves behind two children, Israel and Laurissa. He has left them far too soon. \nAbraham Lincoln said it best almost \n150 years ago. There is little our words can do to add or detract on these sol-emn occasions. But I offer my deepest sympathies to the family of SSG Israel Nuanes. We honor his courage, we honor his sacrifice, and we mourn your loss. \nHEALTH CARE \nMr. President, we have all heard the \nhistoric ruling on the Affordable Care Act today. I know the Presiding Officer has been following this closely. We all have been following this closely. The Supreme Court has upheld the Afford-able Care Act. \nThe Affordable Care Act has moved \nus forward, but now the call on the Re-publican side is for full repeal of the law. So it seems their legislative objec-tive is going to be to introduce a piece of legislation—and we will have a vote on the Senate floor—for full repeal. I wish to remind New Mexicans in par-ticular what is at stake when we talk about full repeal. \nFirst of all, insurance companies \ntoday, with the Affordable Care Act in place, cannot deny coverage if a person has a preexisting condition. That is something that is tremendously impor-tant to New Mexicans. If someone has a young child who has cancer and they \nVerDate Mar 15 2010 23:58 Jun 28, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\\CR\\FM\\G28JN6.004 S28JNPT1smartinez on DSK7SPTVN1PROD with SENATE CONGRESSIONAL RECORD — SENATE S4693 June 28, 2012 \nhave to get insurance, they can’t deny \nthem because of a preexisting condi-tion. \nThere is no doubt that we can im-\nprove upon the law, but New Mexico has already received more than $200 million in grants and loans to establish an insurance exchange, strengthen community health centers, train new health professionals, and so much more. \nSince passing the law, more than \n26,000 young adults under 26 years old have been allowed to stay on their par-ents’ insurance plans. Almost 20,000 New Mexico seniors on Medicare re-ceived a rebate to help cover prescrip-tion costs when they hit the doughnut hole in 2010. And 285,000 New Mexicans with private health insurance no longer have to pay a deductible or copay for preventive health care such as physicals, cancer screenings, and vaccinations. More is yet to come under the Affordable Care Act. \nSo this is the contrast: There are \nsome who are calling for full repeal; there are others of us who recognize that there are significant accomplish-ments, and we want to work further with the other side in a bipartisan way to put aside partisanship and move for-ward with improving our health care system. \nI note the absence of a quorum. The PRESIDING OFFICER. The \nclerk will call the roll. \nThe assistant legislative clerk pro-\nceeded to call the roll. \nMr. CORNYN. Mr. President, I ask \nunanimous consent that the order for the quorum call be rescinded. \nThe PRESIDING OFFICER. Without \nobjection, it is so ordered. \nHEALTH CARE DECISION \nMr. CORNYN. Mr. President, this \nmorning’s decision by the Supreme Court has clarified some things and has made other things more muddled. One, it has clarified the importance of the upcoming election on November 6, 2012. The only way to stop the overreaching by the Federal Government, including the President’s flawed health care bill, is to elect a new President and a Con-gress that will repeal and replace this fundamentally flawed law. \nBefore the health care bill became \nlaw, the President repeatedly assured the American people he would not raise taxes on the middle class. He declared emphatically that the individual man-date was ‘‘absolutely not a tax in-crease.’’ But the Supreme Court has made absolutely clear the only way ObamaCare can be upheld as within the constitutional power of Congress is for it to be considered a tax increase, and a tax increase on every single Amer-ican, regardless of income. \nThe President told us his health care \nlaw would reduce premiums by $2,500 for the average family. That was an-other broken promise. Last year, the average American family, with em-ployer-sponsored insurance, saw their premiums rise by $1,200. \nThe case against this health care leg-\nislation is very simple: It relies on massive tax increases, job-killing regu-\nlations, and government coercion. It will place Washington bureaucrats be-tween patients and their doctors and it will cause millions of Americans to lose their current insurance coverage. So much for ‘‘if you like it, you can keep it.’’ And as we now know, ObamaCare has made the problem of rising health care costs worse, not bet-ter. \nFor these reasons and more, we need \nto repeal this entire piece of legislation and start over. We all share the goal of expanding health care coverage, but there are good ways and bad ways to do it. The authors of ObamaCare chose a fundamentally flawed way: Yet another government takeover. \nPerhaps one of the most telling \nthings Congress has done in the last 2 years is pass a bill under Medicare for prescription drug coverage for seniors. Rather than a government-run pro-gram, we created a marketplace for competition, where prescription pro-viders can compete for consumers’ favor by improved or lower cost and better service. Indeed, by using the cost discipline of a consumer-oriented approach to health care, that govern-ment program came in 40 percent under projected cost. That is the only time I know of in the health care field where the government has actually created a program that people like and that has come in significantly under cost. \nWe cannot continue to cut health \ncare payments to providers because, quite simply, fewer and fewer providers are going to provide that service. We know that is true in Medicare, where many seniors can’t find a doctor to take them as a patient because pro-viders won’t accept Medicare’s low re-imbursement rates. We know it is even worse for Medicaid patients, because that government program pays pro-viders a fraction of what they would be paid if they were simply covered by pri-vate insurance. \nAll Americans should have access to \nhigh-quality coverage and high-quality care. The best way to make quality coverage and care more accessible is to reduce the cost. ObamaCare increases the cost. We need to reduce the cost and make it more affordable, and the best way to reduce cost is through pa-tient-driven reforms that increase transparency, eliminate government distortions, and boost private competi-tion. Those are the reforms Americans want, and those are the reforms they deserve. \nUnfortunately, President Obama has \nmade clear he views health care reform as a vehicle for expanding the size of government and its intrusion into the decisions that should be reserved for patients in consultation with their pri-vate doctors. \nTime and time again the President \nhas put ideology ahead of basic logic and sound economics. Therefore, to en-sure future health care reforms em-power patients and reduce cost and make it more affordable, we need to put a new President in the White \nHouse. \nMr. President, I yield the floor. The PRESIDING OFFICER (Mrs. \nH\nAGAN ). The Senator from Iowa. \nMr. HARKIN. Madam President, as \nchair of the Health, Education, Labor, and Pensions Committee in the Sen-ate—the committee that drafted large portions of the Affordable Care Act—in looking back at all of the hearings we had, the long markup sessions, working across the aisle with Republicans, working with the administration, fi-nally getting it passed and signed into law, this is a great day. \nThere has been a cloud hanging over \nthis because of those who didn’t want to reform the health care system. They wanted to keep insurance companies in charge. Well, we said, no, we are going to change this; we are going to reform the system and make it work for peo-ple, not just for insurance companies. \nThere are those out there who didn’t \nwant to change, who didn’t want to re-form the system, and so they brought cases to court. And as we know, this issue has wound its way through the courts—some deciding yes and some de-ciding no—and then went to the Su-preme Court. \nI remember being in the Court this \nspring for the arguments on this law, and we have been waiting since for the Supreme Court to make its decision. Well, this morning, the Supreme Court gave a resounding confirmation that the Affordable Care Act is indeed con-stitutional. \nSome have been saying President \nObama wins this or the Democrats win or the Republicans lose—that kind of thing. I don’t see it that way. What I see is that this is a great victory for the American people, for the businesses of America, and for our economy. That is what this is all about. It moves us forward so that every American—every single American—will have quality, af-fordable health care coverage—some-thing we have never done in this coun-try. That is why this is such a land-mark bill and such a landmark decision by the Supreme Court. \nThe Supreme Court’s decision allows \nus to move ahead and replaces what I have often called a sick-care system— a system that will maybe get to you, if you are lucky, in the emergency room if you are sick, but not one that gets to you before that to keep you healthy. That is what the Affordable Care Act is moving toward—a system of more pre-ventive health care, more promoting of wellness and keeping people healthy in the first place by giving them the cov-erage they can use to access affordable wellness and preventive health care. \nThe Supreme Court has made it clear \nwhat we have known all along, that those who want to block this law and who are now clamoring to repeal it are on the wrong side of this issue. They are on the wrong side of history. We can go all the way back to those who didn’t want to have a Social Security System. They were on the wrong side \nVerDate Mar 15 2010 23:58 Jun 28, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\\CR\\FM\\G28JN6.006 S28JNPT1smartinez on DSK7SPTVN1PROD with SENATE CONGRESSIONAL RECORD — SENATE S4694 June 28, 2012 \nof history. There were those who didn’t \nwant to have a Medicare system. They were on the wrong side of history. And those who want to repeal this law can stand with them. They can stand with them in history. \nBut I think history has shown that \nevery time we expand the rights of peo-ple to certain basic needs in people’s lives, we become a stronger country, a more unified country, a better country, with more opportunity for all. \nFor those of us who believe that \nquality, affordable health care is a right and not a privilege, this is a great victory. \nI see that some in the House have \nscheduled a vote to repeal it after we get back from the Fourth of July break. They have already voted to re-peal it; I guess they are going to vote to repeal it again. They are on the wrong side of history. I call upon my Republican friends in the House and the Senate: It is over. This is constitu-tional. Now let’s work together to make it so that it is implemented and that it works for everyone. \nI say to my Republican friends that I \nhave never said the Affordable Care Act is like the Ten Commandments, chiseled in stone for all eternity. I have often likened it to a starter home to which we could make some additions and some improvements as we go along. But at least that starter home has put a roof over our heads—a roof that will give quality affordable health care insurance to every American. So I say to my Republican friends, bring your toolkits if you want to make it better and improve it. Bring your tool-kits, don’t bring a sledgehammer. Don’t bring a sledgehammer to break it down and try to repeal it. So let’s work together, put politics behind us, and make this bill work for everyone, make it work for every American. The Jus-tices have spoken. Now it is time for us to get back to work to build a reformed health care system that works not just for the healthy and the wealthy but for all Americans. \nThis is a victory. It is not a victory \nfor President Obama. It is not a victory for my committee or anyone else around here. This is a victory to make sure that no one—no one in the future is ever denied health care coverage be-cause he or she got cancer, to make sure that no one in the future will be denied quality affordable health care coverage because they have diabetes. \nIt is a victory for families who have \nhad a child who needed intensive, very expensive health care coverage to make sure that child would live and grow and be able to take full part in our society, although sometimes those costs are extremely high. In the past, there have been annual limits, and if you went above that, you had to pay out of pocket. There were lifetime caps. How many women have I met in the past who have had breast cancer and had to have intensive treatments for a period of time but they bumped up against a lifetime cap. They had to pay out of their pocket. So this is a \nvictory for them. It is a victory for families so that they don’t face life-time caps and annual caps. It is a vic-tory for every family in America to en-sure that their child can stay on their family’s policy until age 26. That is who wins here—ordinary hard-working families in America. It is a victory for hard-working families to make sure that insurance companies have to pro-vide—have to provide—cost-effective, lifesaving preventive care at no cost to get to people early on to keep them healthy in the first place. It is a vic-tory for working families so no longer do they have to choose between paying for health insurance or other critical family needs such as food, shelter, transportation, education. That is what this is about. That is what this victory is all about. It is a victory for American families. \nI say to those who now want to re-\npeal it, who are going to start to make a political issue out of this, you are on the wrong side of history. The Amer-ican people will now begin to take a look at this bill in a new light: that it is constitutional, it will be imple-mented, and what is in it for us? And I just went through what is in it for every American family. The American people will not want to go back. They will not want to repeal this law. There may be improvements we can make as we go along. That is fine. But I say woe to those who vote to repeal this bill. The American people will hold you ac-countable for being on the wrong side of history, the wrong side of progress, the wrong side of ensuring that every American family has quality affordable health care in America. \nMadam President, I yield the floor, \nand I suggest the absence of a quorum. \nThe PRESIDING OFFICER. The \nclerk will call the roll. \nThe bill clerk proceeded to call the \nroll. \nMr. VITTER. Madam President, I ask \nunanimous consent the order for the quorum call be rescinded. \nThe PRESIDING OFFICER. Without \nobjection, it is so ordered. \nMr. VITTER. Madam President, I \ncome to the floor, as many of our col-leagues have done, to talk about this very significant and, for me at least, stunning U.S. Supreme Court decision on ObamaCare. First of all, I use the word ‘‘stunning,’’ not particularly be-cause of the outcome. I would not have been shocked at either outcome—up-holding the law or striking down the law. I considered both of those clear possibilities. I am stunned and shocked, somewhat confused, by the decision—by the nature of the decision, by the nature of the majority, and by the reasoning. \nI am not going to dwell on that. It is \nnot my role or the role of other Sen-ators to second-guess it or to claim we have some authority to rewrite it. But I do find that doing backflips beyond the significant power of the Court to completely recharacterize the indi-vidual mandate and parts of the law as-\nsociated with it as a tax—it was never proposed as a tax. It was never debated as a tax. It was never written as a tax. It was never meant as a tax in any part of the ObamaCare debate or legislative action. So I certainly agree with Jus-tice Kennedy who said out loud from the bench, which I think is significant, that to read it ‘‘as a tax’’ is not just reading the law a certain way, it is re-writing the law. Judicial rewriting of tax policy, judicial writing of the law to create a tax, is particularly worri-some. I absolutely agree with that. \nI do think the majority, led trag-\nically by Chief Justice Roberts, did backflips to rewrite the law in order to uphold it. I think that is very unfortu-nate. \nWhat it also means for the country \nand for the policy debate and for us in the Congress is at least two things, which I think are also very important. No. 1, it means that if this is a tax, this is a massive tax increase on the middle class, which stands full square against the clear and repeated campaign prom-ises of President Obama. So this is a huge tax increase, now that it is a tax, completely against everything he ran on and what he said over and over, campaigning for office. \nIt also means something separate \nthat is very significant. If this is all about taxes and spending, it means a different Congress next year—hope-fully, led by a different President—can repeal all of that with a simple major-ity of votes in the Senate through rec-onciliation. If this is all about taxes and spending, then it can all be undone through the reconciliation process. Of course, that is significant for one rea-son and one reason only: In the Senate, it means that lowers the requirement from 60 votes to a simple majority. If there is a Republican President, that would be 50 votes, plus the Vice Presi-dent as the tiebreaker. \nSo my bottom line is simple. It was \nmy bottom line yesterday before the opinion, it was my bottom line over the last several months, and it was my bottom line the day after Congress passed ObamaCare and the President signed it into law. It may be ruled con-stitutional, but it is still a bad idea that is making things worse. It is put-ting an all-powerful Federal Govern-ment between the patient and his or her doctor, and it is costing us an enor-mous amount of money as individuals, as citizens, as a society, and as a gov-ernment that we clearly cannot afford. \nMany of us made those arguments \nduring the original debate. But I think all of those arguments have been vali-dated and are even more clearly true and compelling in the months since ObamaCare was passed, in particular, because costs have been going through the roof. The suggestion that this was going to save us money and not cost us extra money—even the suggestion of that argument—has gone out the win-dow. It is clear the opposite is true. In-dividual premiums have gone up as a \nVerDate Mar 15 2010 23:58 Jun 28, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\\CR\\FM\\G28JN6.007 S28JNPT1smartinez on DSK7SPTVN1PROD with SENATE CONGRESSIONAL RECORD — SENATE S4695 June 28, 2012 \nresult, family premiums have gone up \nas a result, and costs to the govern-ment and to society have gone up as a result. It has made the already stag-gering problem of health care costs worse and worse. It has made health care for everyday Americans less and less affordable. Because of that, I cer-tainly renew my commitment to work with others to fully repeal ObamaCare lock, stock, and barrel. \nUnder the Supreme Court’s decision \ntoday, I restate again that I think it is very significant since it is all about a tax and all about taxes and spending that can be addressed early next year with a simple majority in the Senate if there is a President Romney and a Re-publican Congress to do it. \nI thank the Chair. I yield the floor. The PRESIDING OFFICER. The \nclerk will call the roll. \nThe legislative clerk proceeded to \ncall the roll. \nMr. WHITEHOUSE. Madam Presi-\ndent, I ask unanimous consent that the order for the quorum call be rescinded. \nThe PRESIDING OFFICER. Without \nobjection, it is so ordered. \nMr. WHITEHOUSE. Madam Presi-\ndent, in light of the Supreme Court’s decision on the Affordable Care Act, I wanted to come to the floor today to bring just a few Rhode Island voices into the discussion that is taking place. \nOne such person is a man from Provi-\ndence, RI, named Greg, who has a 16- year-old son named Will. Will has cys-tic fibrosis, which requires Will to spend several hours every day under-going the treatment that dreadful dis-ease requires. He sees a specialist four times a year to monitor the disease. He has daily prescriptions and treatments. \nWithout this bill, Will and his father \nwere looking at two problems: One, de-nial of coverage because Will’s cystic fibrosis was a preexisting condition; and, two, lifetime caps. \nFor people like Will all around the \ncountry, this has been a real blessing because lifetime caps are forbidden and kids with preexisting conditions must be covered notwithstanding the pre-existing condition. So for Greg, the fa-ther in Providence, and his son Will, I want their voices to be heard today in not so much celebration but relief that what they have been provided by the health care law is still in place. \nAnother voice to bring to the Senate \nfloor is Olive. Olive is a senior citizen. She lives in Woonsocket, RI. Her hus-band has fairly serious Alzheimer’s and requires several medications to treat it. Until the Affordable Care Act came along, Olive and her husband fell in the doughnut hole and had to pay 100 cents on the dollar for the husband’s Alz-heimer’s medications while they were in the doughnut hole. \nWhen I ran for this office, one of the \nthings I pledged to do was to work my heart out to close the doughnut hole. In the Affordable Care Act, it does close. Right now there is a 50-percent discount for Olive on her husband’s \nAlzheimer’s drugs when they are in the doughnut hole. For them that 50-per-cent discount means $2,400, which, for senior citizens who count on Social Se-curity in Woonsocket, makes a dif-ference in the quality of their lives. Overall, it is up to $13.9 billion in doughnut hole discounts for seniors and people with disabilities as a result of this bill. That makes a big difference in every single one of those lives, just like Olive and her husband. \nA third voice I wish to bring to the \nSenate is Brianne, who is a 22-year-old graduate of the University of Rhode Is-land, out and working part time as a physical therapist, but her job does not provide health insurance. She would be going without entirely, hanging her fortunes on chance, as the President recently said, if it were not for the Af-fordable Care Act. She and 9,000 young adults in Rhode Island have achieved coverage as a result of this bill by being able to get on their parents’ poli-cies. \nDanny is also a recent college grad-\nuate living in Providence, having grad-uated from Brown University. He is passionate about renewable energy planning but couldn’t make the health insurance work. Because of the Afford-able Care Act, like Brianne, he is able to be on his parents’ health insurance coverage and have that peace of mind. \nThe last story I will tell is about a \nsmall business owner named Geoff in Providence who provides health care insurance for his employees because he believes it is the right thing to do. He qualified for the law’s small business health care tax credit, so he has seen a significant advantage to his small busi-ness from this provision. \nI think it is a relief to put this quar-\nrel behind us, to be able to move on and deal with the economic issues we face. As we do, I wish to make sure that Greg and Olive and Brianne and Geoff and Danny were all heard here on the floor today, because they are Rhode Islanders in whose lives this bill has made a real and practical dif-ference. \nI thank the Presiding Officer. I yield the floor. I see the distin-\nguished Senator from Wyoming ready to speak. \nThe PRESIDING OFFICER. The Sen-\nator from Wyoming. \nMr. ENZI. Madam President, it is dis-\nappointing that the Supreme Court has upheld the constitutionality of the new health care law. Just because it is con-stitutional doesn’t mean it is the best policy, the perfect policy, or even good policy. And just because the Court upheld the law does not change the fact that the American people have over-whelming concerns about it—not all of it but a lot of it. \nIn fact, the Court affirmed that the \nnew health care law is a massive tax increase on the American people. Con-gress must get serious about fixing our broken health care system. We can start by changing this misguided health care law that has divided the \nAmerican people and failed to address rising health care costs. Congress should work together to make com-monsense, step-by-step health reforms that can truly lower the cost of health care. I was pleased to see that the Su-preme Court narrowed the Medicaid ex-pansion because States can’t afford them. Hard-working Americans are still struggling in this anemic economy and need real action to make health care more affordable. \nReforms do not have to start here in \nWashington. Our Nation’s States are laboratories of democracy and can play a significant role in addressing the health care crisis in America. Gov-ernors are in a special position to un-derstand the unique problems facing their States, and fixing health care, like most problems facing our Nation, cannot be a one-size-fits-all solution. Efforts underway by Indiana Governor Mitch Daniels provide a great example of what different States are working \non. He is moving forward with the Healthy Indiana initiative, which is an affordable insurance program for unin-sured State adults aged 19 to 64. \nOutside Washington, some health in-\nsurance companies have already stated they will adopt several reasonable pro-visions to lower health care costs. These include allowing young adults to be covered until age 26 while on their parent’s plan, not charging patients copays for certain care, not imposing lifetime limits, and not implementing retroactive cancellation of health care coverage. They said they would do that regardless of how the Supreme Court case came out. \nOne of the most effective ways Con-\ngress can address the rising costs of health care is to focus on the way it is delivered as part of the Nation’s cur-rent cost-driven and ineffective patient care system. America’s broken fee-for- service structure is driving our Na-tion’s health care system further down-ward, and tackling this issue is a good start to reining in rising health care costs. What is fee for service? This method of payment encourages pro-viders to see as many patients and pre-scribe as many treatments as possible but does nothing to reward providers who help keep patients healthy. These misaligned incentives drive up costs and hurt patient care. \nThe new health care law championed \nby President Obama and congressional Democrats did very little to address these problems. The legislation instead relied on a massive expansion of unsustainable government price con-trols found in fee-for-service Medicare. If we want to address the threat posed by out-of-control entitlement spend-ing, we need to restructure Medicare to better align incentives for providers and beneficiaries. This will not only lower health care costs, it will also im-prove the quality of care for millions of Americans. In the health care bill, we took $500 billion out of Medicare and put it into new programs. Then we ap-pointed an unelected board to suggest \nVerDate Mar 15 2010 23:58 Jun 28, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\\CR\\FM\\G28JN6.014 S28JNPT1smartinez on DSK7SPTVN1PROD with SENATE CONGRESSIONAL RECORD — SENATE S4696 June 28, 2012 \ncuts that can be made, and the only \nplace left for cuts are providers, hos-pitals, home health care, nursing homes, and hospice care. I don’t think that is where we want to be cutting Medicare. \nShifting the health care delivery sys-\ntem from one that pays and delivers services based on volume to one that pays and delivers services based on value is an idea that unites both Re-publicans and Democrats. We have been mentioning a number of simple steps that can be taken while Congress weighs the larger fixes needed for pre-ventive care. We can encourage insur-ers to offer plans that focus on deliv-ering health care services by reducing copays for high-value services and in-creasing copays for low-value or exces-sive services. Consumer-directed health plans provide another avenue for link-ing financial and delivery system in-centives and have the potential to re-duce health care spending by $57 billion a year. Bundled payments will support more efficient and integrated care. All of these options have already been uti-lized by a number of private sector firms with great success. The Federal Government should be willing to sup-port viable reforms where it is needed, but also refrain from handcuffing inno-vative private sector designs with ex-cessive regulations or narrow political interests. \nOur Nation has made great strides in \nimproving the quality of life for all Americans, and we need to remember that every major legislative issue that has helped transform our country was forged in the spirit of compromise and cooperation. These qualities are essen-tial to the success and longevity of cru-cial programs such as Medicare and Medicaid. But when it comes to health care decisions being made in Wash-ington lately, the only thing the gov-ernment is doing is increasing par-tisanship and legislative gridlock. I wish to leave the Senate with some words of wisdom from one of our de-parted Members, and that is Senator Daniel Patrick Moynihan, a Democrat from New York, who served in this body. He said in 2001, shortly before he retired: \nNever pass major legislation that affects \nmost Americans without real bipartisan sup-port. It opens the door to all kinds of polit-ical trouble. \nSenator Moynihan correctly noted \nthat the party that didn’t vote for it will criticize the resulting program whenever things go wrong. More impor-tantly, he predicted the measure’s very legitimacy will be constantly ques-tioned by a large segment of the popu-lation who will never accept it unless it is shown to be a huge success. \nThat is a quote from Daniel Patrick \nMoynihan, former Senator. \nTruer words were never spoken. We \nhave seen each of these scenarios play out over the past 2 years as the new health care law polarized the Nation. I hope this distinguished body has the courage to learn from our mistakes, be-cause our Nation needs health care re-\nform, but it has to be done the right way. Providing Americans with access to high-quality affordable health care is something I am confident Democrats and Republicans should be able to agree on. \nTwo-and-a-half years ago, a Demo-\ncratic President teamed up with a Democratic-led Congress with only Democratic votes to force a piece of legislation on the American people that they never asked for and that has turned out to be as disastrous as pre-dicted. How so? Amid an economic re-cession, a spiraling Federal debt, and accelerating increases in government health spending, they proposed a bill that has made the problems worse. \nAmericans were promised lower \nhealth care costs. They are going up. Americans were promised lower pre-miums. They are going up. Most Amer-icans were promised their taxes wouldn’t change. They are going up. Seniors were promised Medicare would be protected. It was raided to pay for a new entitlement instead. Americans were promised it would create jobs. The CBO predicts it will lead to nearly 1 million fewer jobs. Americans were promised they can keep their plan if they liked it, yet millions have learned that they can’t. And the President of the United States himself promised up and down that this bill was not a tax. That was one of the Democrats’ top selling points, because they knew it would never get passed if they said it was a tax. The Supreme Court spoke today. It said it is a tax. \nThis law was sold to the American \npeople under deception. But it is not just that the promises about this law were not kept, it is that it has made the problems it was meant to solve even worse. The supposed cure has proved to be worse than the disease. \nWe pass plenty of terrible laws \naround here that the Court finds con-stitutional. We need to do some com-monsense, step-by-step reforms that protect Americans’ access to the care they need, from the doctor they choose, and at a lower cost. That is precisely what I am committed to doing. \nThe American people weren’t waiting \non the Supreme Court to tell them whether they supported this law. That question was settled 2\n1⁄2years ago. The \nmore the American people have learned about this law, the less they have liked it. \nNow that the Court has ruled, it is \ntime to move beyond the constitu-tional debate and focus on the primary flaws of this law because of the colossal damage it is doing and has already done to the health care system and to the economy and to the job market, which needs to be turned around. There are things that need to be done and can be done. \nI yield the floor and suggest the ab-\nsence of a quorum. \nThe PRESIDING OFFICER. The \nclerk will call the roll. The legislative clerk proceeded to \ncall the roll. \nMr. DURBIN. Madam President, I ask \nunanimous consent that the order for the quorum call be rescinded. \nThe PRESIDING OFFICER (Mrs. \nM\nCCASKILL ). Without objection, it is so \nordered. \nMr. DURBIN. Madam President, I ask \nunanimous consent to speak as in morning business. \nThe PRESIDING OFFICER. Without \nobjection, it is so ordered. \nMr. DURBIN. Madam President, I \ncannot remember another day when so many Americans were waiting for the Supreme Court to rule, but today was one of those days all across America. Everyone understood that a decision just across the street this morning by the nine members of the Supreme Court was historic and politically sig-nificant. \nThe Supreme Court handed down a \ndecision, consisting of 193 pages, with all of the major opinions—dissenting and concurring opinions included—in the case of National Federation of Independent Business v. Sebelius. We knew this was a case to decide the con-stitutionality of the Affordable Care Act. That, of course, was one of Presi-dent Obama’s first major legislative undertakings when he was elected President. Many of us who were part of the Senate and the House during this debate will never forget it. I have been lucky enough to represent my great State of Illinois for quite some time, in both the House and Senate, but there has never been a more historic and ex-hausting debate than the one that pre-ceded the final vote on the Affordable Care Act. The last vote in the Senate actually occurred on Christmas Eve, and then we hurried away from here to be with our families, knowing we had done something of great historic im-port. \nBehind this decision was my human \nexperience that most every one of us has had at one time or another. I can recall in my own family experience that moment when I was a brandnew dad and a law student—not exactly a great combination in planning, but that was my life. Our daughter was born with a serious problem. We were here in Washington, DC, and we were uninsured—no health insurance, a brandnew baby, and I was a law stu-dent. I can remember leaving George-town Law School a few blocks from here to go over to Children’s Memorial Hospital to sit in a room with all of the other parents who had no health insur-ance. It was a humbling experience, waiting for your number to be called for a brandnew doctor whom you had never seen before to sit down and ask you again for the 100th time the his-tory of your child. You never feel more helpless as a parent in that cir-cumstance—to have no health insur-ance and to hope and pray you are still doing the best for your child. That ex-perience is one that literally millions of Americans have every single day, \nVerDate Mar 15 2010 23:58 Jun 28, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\\CR\\FM\\G28JN6.015 S28JNPT1smartinez on DSK7SPTVN1PROD with SENATE CONGRESSIONAL RECORD — SENATE S4697 June 28, 2012 \nwith no health insurance, praying that \nthey will get through the day without an accident, a diagnosis, or something that is going to require medical care. What we tried to do with the Afford-able Care Act was twofold: first, to ex-pand the reach of health insurance cov-erage to more families; second, to make health insurance itself more af-fordable and more reasonable. \nLet me start with this question of af-\nfordable and reasonable health insur-ance. Similar to my family, many fam-ilies had children born with a prob-lem—asthma, diabetes, cancer, heart issues. These are children who need special care, and many times families, when they turned to ask for health in-surance, were turned away. That is not fair and it is not what we need in America. We need health insurance to protect those families, and that is one of the major provisions in the Afford-able Care Act. \nSecondly, many people don’t realize \nuntil it is too late that their old health insurance policies had lifetime limits. There was only so much money the in-surance company would pay. People who got into challenging medical situ-ations, with expensive health care needs, learned in the midst of their chemotherapy their health insurance was all in—finished, walked away. We change that in the Affordable Care Act. We eliminated the lifetime limits in health insurance policies for that very reason. \nWe also said health insurance compa-\nnies should be entitled to a profit and, of course, should charge a premium to cover the cost of their administration of health care. But we started drawing limits on what they could ask. We said 85 percent of the money collected in premiums needed to be paid into actual health care, with the other 15 percent available for marketing, for adminis-tration, and for executive compensa-tion. Eighty-five percent had to go into the actual cost of health care, hoping to keep premiums from rising too fast. That was in the Affordable Care Act. \nWhen it came to coverage, we de-\ntected a problem: too many families had their sons and daughters grad-uating from college, looking for jobs, and not finding full-time jobs with health insurance. So we expanded fam-ily health care coverage to include children—young men and women— through the age of 25. We thought par-ents should be able to keep them under the family health care plan while they are getting their lives together and looking for work. That was one of the basics that was included in the Afford-able Care Act. \nAll of those make health insurance \nmore affordable and more reasonable for the families who need it. \nThen came the question of what to do \nabout those people who have no health insurance. Some people don’t have health insurance because they work at a job that doesn’t provide it and they can’t afford it. Others have an oppor-tunity to pay for it but decide they are going to wait or that they don’t need \nit. We hear that particularly from younger people who think they are in-vincible and will never ever need health insurance coverage. So the ques-tion was how do we expand the reach of health insurance coverage. We did it in this bill. \nWe set a standard and said people \nshould not have to pay any more than 8 percent of their income for health in-surance premiums. If they are in lower income categories, we will help them with tax credits and treatment in the Tax Code to pay for their health insur-ance. For employers—the businesses people work for—they will be given ad-ditional tax credits to offer health in-surance, hoping to continue to expand that pool of insured people in America. For the poorest of the poor, we said, ul-timately, they would be covered by Medicaid—the government health in-surance plan—and for at least the first several years, the Federal Government will pay the entire cost, the expanded cost of that coverage. \nThe notion is to get more and more \npeople under the tent—under the um-brella of coverage. That not only gives them peace of mind, but it also means for many hospitals and providers across America there will be fewer charity patients. \nLet’s be honest about it. Even people \nwithout health insurance get sick. When they do, they come to a hospital and they are treated. When they can’t pay their bills, those bills are passed on to all the rest of us. \nIn my hometown of Springfield, IL, \nat the Memorial Medical Center, the CEO there said: If we have everybody walking through our front door at least paying Medicaid, we will be fine. Do that, Senator. That is what this bill sets out to do. \nThere were some people who objected \nto the part which said, if someone can afford to buy health insurance and doesn’t, they are going to pay a pen-alty. Some people called it a mandate. Others—myself included—called it per-sonal responsibility. If someone can af-ford to buy health insurance, they should buy it because 60 percent of the folks who don’t buy it end up getting sick and the rest of us pay for it. That is not fair to the system. It is esti-mated to cost those with private health insurance $1,000 a year just to pay for those who don’t buy it when they can. That was one of the issues being debated before the Supreme Court. So this bill, which ultimately passed, was signed by President Obama, has been debated back and forth ever since. It became a major topic in this year’s Presidential cam-paign. I don’t believe there was a single Republican Presidential candidate who didn’t get up and say: I will get rid of it on the first day I am in office. Gov-ernor Romney has said that. Yet when you look at all the provisions—the ex-pansion of coverage—even expanding Medicare’s prescription drug Part D for seniors—to think we would eliminate that, think about the hardship that \nwould create across our country. \nWe all waited expectantly for this \nday, this day at the end of the October term of 2011 for the U.S. Supreme Court, and the decision today was that the Affordable Care Act President Obama signed into law is constitu-tional. Now we can move forward. \nSome people have said: Is it perfect? \nThe answer, of course, is no. I say half jokingly, the only perfect law was car-ried down the side of a mountain on clay tablets by ‘‘Senator Moses.’’ All the other efforts are our best human ef-forts and always subject to improve-ment. The same thing is true for this. I am sure the President would say ex-actly the same. The good news is that today, the Supreme Court found the President’s Affordable Care Act is con-stitutional. \nThere was, of course, some question \nof one provision or another, but the bottom line is Chief Justice Roberts— not considered a liberal by any stand-ards—led the Court in a decision that found this law constitutional. The im-portant part of that is it means, for a lot of families, there is going to be help through this law. \nIn Illinois last year, 1.3 million peo-\nple on Medicare and 2.4 million people with private health insurance received preventive care at no cost. That is a provision in this law that was found constitutional today. That means that mammograms, cholesterol screenings, and other efforts ahead of time for pre-ventive care will help people prevent illness and save lives. \nSpeaking of prevention, the law pro-\nvides help for States with their preven-tion programs—programs to help our children stay strong with immuniza-tions, programs that detect and pre-vent diabetes, heart disease, and ar-thritis. \nAnother reason this law is so impor-\ntant is because of lifetime limits, as I mentioned. Before this law, insurance companies would literally say: Sorry, you hit your limit. We can’t pay for any more chemotherapy. But because the Affordable Care Act was found con-stitutional today by the Court, 4.6 mil-lion people in my State of Illinois alone received the care they needed last year without having to worry about an insurance company’s lifetime limits. It is prohibited by the Afford-able Care Act. \nIn these tough economic times, as I \nmentioned, when young people are looking for work, the fact they can now have health insurance through their family’s plan up to the age of 26 is a sensible policy. Two-and-one-half million young Americans received pro-tection under the Affordable Care Act because of this single provision, and 102,000 of them live in my State of Illi-nois. \nOf course, the law, as I said, requires \nthe insurance companies to spend more money of their premiums on actual medical care—85 percent, in fact. Over $61 million has been returned to those \nVerDate Mar 15 2010 01:20 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\\CR\\FM\\G28JN6.017 S28JNPT1smartinez on DSK7SPTVN1PROD with SENATE CONGRESSIONAL RECORD — SENATE S4698 June 28, 2012 \nwith health insurance policies, and \n300,000 people in Illinois are included, in the form of a rebate, because of the medical loss ratio. \nFor seniors, it will be a helping hand \nto pay for prescription drugs. They are going to be able to help fill the so- called doughnut hole and have less money come out of their lifetime sav-ings to pay for the drugs they need to keep them strong and even alive. It also means preventive care for a lot of these seniors, so they are able to get the annual checkup in order to detect some problem before it gets serious. \nFrom the business side, the Afford-\nable Care Act—found constitutional today by the Supreme Court—is going to help small businesses pay for health insurance. The new tax provisions help them do the right thing and buy health insurance for their employees. So far, more than 228,000 businesses across America have taken advantage of this new tax credit and have saved $278 mil-lion. \nWhen this is all implemented—the \nAffordable Care Act—30 million more people will have health insurance across America. By 2019, 15 million of these will be in Medicaid and the rest will be in exchanges and in private health insurance. \nAnother provision in here was impor-\ntant and that was the expansion of community health care clinics. Sen-ator B\nERNIE SANDERS of Vermont, a \ngood friend and a great leader on these issues, pushed hard for it. I have been to these community health care clinics across my State. They are wonderful primary care in the neighborhoods, in the small towns, in Springfield, and in Chicago, that truly help people along the way. \nToday, the President of the United \nStates went to the cameras after the Supreme Court decision and talked about this decision by the Court and this law. He said for those who believe the Affordable Care Act was just poli-tics as usual, it was a political risk and he knew it. There were close friends and advisers of the President who basi-cally counseled him not to try and take this on. This issue has stopped President after President. \nI tried to help President Clinton and \nthen-First Lady Clinton when they were attempting to get health care re-form passed. Try as they might, they couldn’t get it done. But President Obama stuck with it. Even though there was precious little help from the other side of the aisle, he stuck with it and got the bill passed. They then chal-lenged him in court at every level they could, and today—at the highest Court of our land—it was found constitu-tional. \nThe President said—and I think we \nall should pay attention to this—it is not only good in its substance—and I have described that—but it is also a new challenge for us, Democrats and Republicans, to make it work. The American people want us to come to-gether to make health insurance af-fordable and available, to incentivize \nquality care, and to make certain America, the richest Nation on Earth, has the best and most affordable health care on Earth. \nIt took the Supreme Court 193 pages \nto say it today, and now it is up to us, both Democrats and Republicans, to work together, maybe put the swords aside and sit down at a table and make this law even better across America. I think the American people are count-ing on us. The Supreme Court, in find-ing President Obama’s Affordable Care Act constitutional, made it clear that now it is up to us to put the policies in place that will make it successful and help families, businesses, and individ-uals all across America. \nI yield the floor. The PRESIDING OFFICER. The Sen-\nator from Texas. \nMrs. HUTCHISON. Madam President, \nwe have had a monumental decision from the Supreme Court of the United States, and I have to say I am dis-appointed, because while the opinion is not very clear, in many respects, the result is clear, and that is we are get-ting ready to see one of the largest tax increases in the history of our country. \nWe are all talking about the fact the \nSupreme Court has declared the Obama health care plan constitutional, but let’s look at how it was declared con-stitutional. It was not based on the commerce powers of the Congress in the Constitution. It was based, instead, on taxing capabilities—the taxing power—of the Congress. \nI wish to read excerpts from an inter-\nview George Stephanopoulos did with President Obama. \nUnder this mandate— \nStephanopoulos says— \nthe government is forcing people to spend \nmoney, fining you if you don’t. How is that not a tax? \nPresident Obama replies: \nNo. That’s not true, George. For us to say \nthat you’ve got to take a responsibility to get health insurance is absolutely not a tax increase. \nStephanopoulos goes on later to say: \nBut you reject that it’s a tax increase? \nPresident Obama replies: \nI absolutely reject that notion. \nYet the Court today said this is con-\nstitutional because of Congress’s power to tax. So we are going to see the tax increase go forward, and the small businesses and businesses that are looking at this, the individuals, are going to have a whopping increase in the cost of doing business at a time when—I certainly don’t have to point out—we are in an economic downturn, when the private sector is not hiring, when we have an over 8-percent unem-ployment rate. Yet now we see more costs on top of what we already have in this country. \nI don’t think that is the recipe for \ngetting this country going again and hiring people to work. \nI would like to read a few quotes \nfrom employers on the impact of the Obama health care plan on their busi-\nnesses. \nScott Womack, the president and \nowner of Womack Restaurants, is an IHOP franchisee. He said: \nLet me state bluntly. This law will cost \nmy company more than we make. \nGrady Payne, who is the CEO of Con-\nnor Industries, said—it is very inter-esting because Conner Industries is headquartered in my home State of Texas: \nConner Industries is headquartered in Fort \nWorth, Texas with plants in 8 different states. Conner Industries started in 1981 with five people and one location. Today they have grown to 450 employees and eleven plant locations. They offer health coverage to their employees and the company pays over half of the total premium cost. In 2014, the company will have to choose how to comply with the law, either buy a more ex-pensive, government-approved healthcare \nbenefit or drop health coverage completely and pay the $2,000 fine for each of their em-ployees. Thus, Mr. Payne has stated that the impact of this law will cost them over $1,000,000 no matter what option they choose. \nThe chairman and CEO of NuVasive, \na medical device company in San Diego, in an op-ed said: \nProvisions of the Affordable Health Care \nAct are destroying jobs, hindering innova-tion and slowing the economic recovery. To offset the medical device tax increase, we will be forced to reduce investments in re-search and development and cut up to 200 planned new jobs next year. \nSo what we have seen today is a vali-\ndation of what many of us were con-cerned about when this law was going through Congress; that is, the enor-mous increase in the tax, the fine, and the overall burden to the businesses of this country which would do several things that are not good for the people of our country: It will increase costs to American consumers; it will inject the government into doctor-patient rela-tionships; it will most certainly add new burdens on business in an environ-ment in which we have over 8 percent unemployment. I also think it is very clear that though the President prom-ised that people will be able to keep their health care coverage as they know it, that health care coverage is not going to be there because so many companies are going to drop the health care coverage they have been offering because it is too expensive to comply with the government conscription of the plan that is required in order to avoid the $2,000 fine. \nI think what the Court said is in-\nsightful in this respect; and that is, while they said this law is constitu-tional based on the taxing power of Congress, they are not ruling on the wisdom nor the fairness of the policy. I think it is going to come down to the people of our country because the elec-tion this year is going to determine the ultimate fate of this bill. The Repub-lican nominee, Gov. Mitt Romney, has said very clearly, on the first day he is sworn into office he will ask for the re-peal of this health care law. \nI think it will become an issue in \nevery contested congressional race and \nVerDate Mar 15 2010 01:20 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\\CR\\FM\\G28JN6.021 S28JNPT1smartinez on DSK7SPTVN1PROD with SENATE CONGRESSIONAL RECORD — SENATE S4699 June 28, 2012 \nevery Senate race: Are you going to \nvote to keep this law that has been ruled constitutional based on the fact that it is a taxing power of Congress? The people will be able to decide if they want this jolt on their health care, if they want the extra cost, if they want the intrusion on the patient- doctor relationship, and if they want to possibly lose the coverage they have and be taxed to go into another plan— a government plan. \nWe are going to see the erosion of the \nquality of health care in this country if we are not able to repeal this law and start all over. \nNow, I will say the purpose of passing \nhealth care reform is to provide more options for people to get affordable health care coverage. I think that is a worthy goal. I think we should go for that goal in a way that does not burden the economy of our country, stop em-ployers from employing people; in a way that preserves the doctor-patient relationship and doesn’t intrude on the people who do have coverage they want to keep. That should be our goal. \nThere are several months before the \nelection. I hope we will be able to do something in this Congress to start a new process of providing affordable health care options for the people of our country and not continue on this path of enormous tax increases—which have been validated by the Court—as well as an intrusion on the quality of our health care, and not something that in the bigger picture is going to keep our businesses from hiring more people to get the economy jump-start-ed, which should be every one of our goals. \nI hope we can work on this in a pro-\nductive way before the election, but I also hope the people will make the final decision in the election if Con-gress has not acted before; that we will have a decisive election that will say we can do better. We, the people of the strongest country on Earth, can do bet-ter than a health care system that will be eventually turned over to the gov-ernment if we go down this path. \nMr. President, I yield the floor, and I \nsuggest the absence of a quorum. \nThe PRESIDING OFFICER (Mr. \nS\nANDERS ). The clerk will call the roll. \nThe legislative clerk proceeded to \ncall the roll. \nMs. LANDRIEU. Mr. President, I ask \nunanimous consent that the order for the quorum call be rescinded. \nThe PRESIDING OFFICER. Without \nobjection, it is so ordered. \nFLOOD INSURANCE \nMs. LANDRIEU. Mr. President, there \nare so many important issues in Wash-ington today, it is hard to know what to speak on first. But I am going to take this opportunity to talk about flood insurance. One of the reasons is because there are three States in the Union that carry the most policies rel-\native to our population, and it may be the most policies regardless of our pop-ulation. That would be Florida, No. 1; Texas, No. 2; Louisiana, No. 3; and, of course, California, No. 4. So while this bill affects everyone in \nthe country, the four States that it af-fects the most and by far are the four States that I mentioned, and Louisiana happens to be one. So the people of my State pay a lot of attention to flood in-surance. We always have, and we al-ways will have to. \nI am sorry to say that just within the \nlast few hours, with so much changing around here at the last minute, I was just given the information that the flood insurance bill—which we have not even debated on the floor of the Sen-ate—is now going to be put into an om-nibus package which includes many other important bills: the Transpor-tation bill, the RESTORE Act—which is also important for the gulf coast, parts of it that were accepted by the House, and there were a few important parts that were, unfortunately, left on the cutting room floor over in the House—and now the flood insurance bill. \nI want to make it clear that if I were \ncalled on to vote on the flood insurance bill that is now going to be a part of this package, I would vote no because there are some very important provi-sions that I was going to offer as amendments to the bill that I think are crucial to not just my State but to the State of Florida, potentially to the State of California, and potentially to Texas as well. I am not sure their Sen-ators are in complete agreement or un-derstand some of the challenges, but I want to point out a few of them. Unfor-tunately, I am not going to get a chance to vote no because I am going to have to vote for the whole package, which I intend to do, although this flood insurance bill is not in the posi-tion I would support. Let me give three reasons. \nNo. 1, there is a provision of the bill \nthat talks about V-Zones; that is, ve-locity zones. Right now, with FEMA, FEMA basically says if you are in a ve-locity zone, you cannot rebuild. \nI have St. Bernard Parish, \nPlaquemines Parish, Lafourche Parish, Terrebonne Parish, Cameron Parish, and large sections of St. Tammany and St. John the Baptist and Orleans Par-ish that you can see are designated V- Zones. This means likely to be flooded, not just based on their elevation but the way that the historical patterns of storms coming out of the gulf affect them. \nI understand that we have to be very \ncareful in these areas so I had an amendment to say: No, you can rebuild but you have to rebuild up to the right elevation or you have to rebuild ac-cording to the highest standards. If we do not fix this, and this bill passes— which it looks as though it will—there will be great concerns or questions, if not a downright prohibition, on build-ing in these areas regardless of whether you pay for insurance. This is not right. \nThe other amendment I was prepared \nto offer is an affordability amendment. People may not realize this—I hope Members will be listening. Again, this \nbill affects all the States, but in the underlying bill there is a provision that allows these rates for everyone in the country to be increased by 15 per-cent a year. \nPeople are struggling to pay flood in-\nsurance now. I think that is very steep. People who are arguing for the 15-per-cent a year increase say it is important to get this program actuarially sound, it is currently running a $20 billion def-icit. I am well aware of the need to get this program in line. But I was going to offer an amendment that simply cre-ated and expanded a short, small, but important affordability provision of $10 million that the Department would have to help people on fixed incomes or lower or middle-income families who of course are working along the gulf coast and in some of these coastal areas. They are not sunbathing, not vaca-tioning. This is not about second homes. This is about primary homes. They have a right to live and have been living for generations near the coast. These are fisherman, et cetera. That was an affordability amendment that I cannot offer or file for the R\nECORD . \nThis is a very important issue. Flood \ninsurance is not just about business and commerce; it is about culture; it is about a way of life; it is about pre-serving coastal communities; it is about being resilient in storms. Yes, Louisiana wants to pay its fair share. Florida must pay its fair share. Texas must pay its fair share. We have no problem with that. We have been for years. \nSome Members are now waking up \nand saying: Oh, my goodness, now you are telling us, people in other parts of the country, we have to buy flood in-surance? But we have a levee. You are telling us we have to buy flood insur-ance? \nYes. We had levees in Louisiana for \n200 years. Unfortunately, they break. Sometimes when the Federal Govern-ment doesn’t build them correctly, they disintegrate and our people get flooded. Yes, we have levees, we pay to build the levees, and we pay for insur-ance, and we are still not as protected as we could be. Again, we are not sun-bathing down here on this coast. We are producing oil and gas for the Na-tion. We are running the largest port system in North America, and we drain 40 percent of the continent. \nFlorida has a little different situa-\ntion. They do a great deal of tourism and they do a great deal of sunbathing and other things. I am happy for Flor-ida and their economy. But the people I represent are not running huge vaca-tion operations. This is not an optional place for us to live. It is not optional for us, it is not optional for the Nation, and it is not optional for the world. We have to find an affordable and safe way to live here. \nI had an amendment to try to make \nthis more affordable. That amendment is not going to be offered. The only positive thing I can say about the bill— \nVerDate Mar 15 2010 02:17 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\\CR\\FM\\G28JN6.023 S28JNPT1smartinez on DSK7SPTVN1PROD with SENATE CONGRESSIONAL RECORD — SENATE S4700 June 28, 2012 \nand there are some positive things, and \nthis is important, I know, to the real-tors. I support them almost 100 per-cent—and the homebuilders. I have a very good record with the realtors and homebuilders. I believe in what they do and they are right when they say: We have to have a permanent extension be-cause we cannot close deals. People cannot sell their homes. We have to have this insurance program. And they are correct. \nLike a lot of things up here, it is a \nbalance. With the amendments I was going to put on the bill and actually had worked out to do so, on balance the bill would have been better. I was prepared to vote for it on the floor. Now that it is being stuck into this package without the debate on the floor and without the amendments, I must go on record to say that I would vote against the bill in its current form, even though I know we need long-term flood insurance. Because of the increased rates, the lack of the af-fordability, and the lack of a fix to the V-Zones, I think it tips the balance against the bill generally. \nThere is nothing I can do about it. \nThat is the way it is going to happen. But I wanted to submit my comments for the R\nECORD . I can promise the \nMembers of this Senate after this bill goes into effect you are going to hear a lot of complaints from your constitu-ents. I am certain we will be back here within the year, after the elections— regardless of who wins and who loses— fixing some provisions that should have been fixed, but because there is not going to be a debate on the Senate floor will not be. \nI know this bill came out of the \nBanking Committee in the Senate with bipartisan support. I am well aware of that. But I think there were some cor-rections or some perfections that could have been done on the Senate floor. We are not going to have that opportunity. \nI suggest the absence of a quorum. \nThe PRESIDING OFFICER. The \nclerk will call the roll. \nThe legislative clerk proceeded to \ncall the roll. \nMr. RUBIO. Mr. President, I ask \nunanimous consent that the order for the quorum call be rescinded and that I be recognized to speak as in morning business. \nThe PRESIDING OFFICER. Without \nobjection, it is so ordered. \nMr. RUBIO. Mr. President, as we \nknow, the Supreme Court ruled on the health care law, and we have had a lot of phone calls and e-mails. People want to know what this means above the politics. Sometimes I think that in Washington everything is analyzed over what this means for the elections and what this means to the Repub-licans or the Democrats. What I hope to do today by coming to the floor of the Senate is to respond to some of my constituents from Florida, and folks around the country who have called as well, to show what this means in real life and what my position is toward this moving forward. So that is what I \nhope to do here today in the few min-utes I have while the Senate waits on the pending matter. \nLet’s begin by understanding what \nhas happened today. The Supreme Court doesn’t decide whether some-thing is a good idea or a bad idea; the Supreme Court’s job is to decide whether something is constitutional. Today, by a vote of 5 to 4—four of the Justices disagreed, but five of the Jus-tices, including the Chief Justice, de-cided that a key component of the health care law that passed the year before I was elected was constitutional. They said it was constitutional because it was under the taxing powers of the Congress. In essence, they said that this mandate, this requirement is con-stitutional because it is a tax. \nThat is curious, of course, because \nthe President denied that it was a tax. I looked it up. I remember a specific interview the President gave while this was debated where he was asked by George Stephanopoulos on ABC: Is this a tax? He denied it. He denied it and said there was no way this was a tax. If I could find the right quote in here just to make sure I am not misquoting any-body in this day and age of fact-check-ing, the President specifically said that the notion that it was a tax was wrong. However, months later, when this ap-peared before the Supreme Court of the United States, his lawyers argued that, no, this is constitutional because this falls within the power of the govern-ment to tax. So that is important be-cause that is the reason this law still stands on the books today. \nLet’s remind ourselves of what a \nmandate is. This is not a mandate that the government provide an individual with insurance, this is a mandate that a person find insurance for himself or herself. For a mandate to work—and anyone who has been for a mandate will admit this to you—the penalty for not buying insurance has to be severe enough so that the person will decide to buy the insurance; otherwise, people will just pay the fine and not get the insurance. \nSo what does this mean in the real \nworld? I found a blog post from 2009. The numbers may have changed a little bit, I am not 100 percent sure, but this is from when the House was delib-erating at the time. An economist took this up on July 14, 2009, and he actually used a couple of real-world examples. This may be very similar to you, so lis-ten carefully. \nThe first example he used is of a gen-\ntleman who is single and earns about $50,000 a year, which is four times the Federal poverty level, so he wouldn’t qualify for the subsidies under the bill. Now, he is a single 50-year-old non-smoker, small business employee. That means he works for a small business that doesn’t provide health insurance and isn’t required to because the law requires businesses that have more than 50 employees to provide insur-ance. If he works at a place that has five employees, they are not required \nto offer health insurance. So to reit-erate, he is 50 years old, works at a small business that is not required to offer insurance, and makes $50,000 be-fore taxes. He doesn’t have insurance. Now, he cannot afford a bare-bones pol-icy. This economist went through ehealthinsurance.com and found that the cheapest policy he could find was $1,600 a year. Depending on where you live in the country, when they start taking out taxes, $50,000 doesn’t add up to a lot of money. This is middle class. He can’t afford a $1,600-a-year policy, so instead he would have to pay a $1,150 fine, which is a tax. That is what he \nwould have to pay. Guess what. Even after paying the $1,150, he still doesn’t have insurance. This is the real-world impact of the mandate. \nHere is another example. This one ac-\ntually uses my home State, so I picked this one. A married couple with two kids has a small business. They run a small tourist shop in Orlando, FL. I am not sure if these are real people or if it is hypothetical, but I like the fact that they picked Orlando, FL. The husband and wife make $90,000 a year at their small business. That is what the busi-ness makes, again, before taxes. They have a small business making $90,000. Between all the expenses they have and all the other tax components that come up, it is middle class. This is mid-dle class, OK? These are two employ-ees, but their wages exceed the amount to qualify for the small business tax credit. Because their business is so small, there will be no financial pen-alty for a business that only has two employees, but as individuals they still have to buy health insurance for them-selves and for their children. \nSo here they are, husband and wife, \n40 years old, two kids, they own a small tourist shop, and they are the only employees, making $90,000 a year together. The cheapest insurance they can get is a high-deductible plan with about a $6,000-a-year annual deductible. It costs them about $3,800 a year. The fine is $2,000 a year. So that is probably what they end up having to do now. This is a $2,000 increase in their taxes through a fine, and they still don’t have insurance to show for it. \nThis is the third example I want to \ngive, and this is not part of the anal-ysis. I pointed out that the law now re-quires any business with more than 50 full-time employees to offer health in-surance. Now, offering health insur-ance is a good thing. We should try to encourage that and provide opportuni-ties for businesses to do it. Imagine you are one of these businesses and you are asking yourself if you should hire the 51st or 55th employee. Should I grow my business? Well, as a result of this new mandate, maybe you decide not to now. How much will this cost us? It is $2,000 per employee if they don’t comply. How much will this cost us? Maybe this is not the year to add a few jobs. Even worse, maybe they should become a part-time business. \nVerDate Mar 15 2010 01:20 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\\CR\\FM\\G28JN6.025 S28JNPT1smartinez on DSK7SPTVN1PROD with SENATE CONGRESSIONAL RECORD — SENATE S4701 June 28, 2012 \nI heard a lot about this in my cam-\npaign from franchises. Taco Bell and McDonald’s are not owned by Taco Bell or McDonald’s, they are owned by a small business owner. They are going to decide to make everyone part time because they can’t afford to pay the fine. They can’t afford to pay for the insurance. This would be a bad idea no \nmatter what the economy is because now we are discouraging them from growing their businesses. No matter what the economy looked like, this would be a bad idea. \nLet me explain why it is worse. No. 1, \nguess who gets to enforce all of this stuff. Guess whom they have to answer to. Guess who they have to prove they have insurance. Your neighborhood, friendly IRS. That is who is in charge of enforcing this. Millions of Ameri-cans now have an IRS problem because they don’t have health insurance. \nThis idea that they don’t have health \ninsurance—because if we read some of these statements and interviews that the President gave when he said it wasn’t a tax, it made it sound as though they don’t want to buy insur-ance and they want to use the money for something else because they are ir-responsible. They are not irresponsible. They can’t afford it. There is not a pri-vate market for them to buy insurance because they can only buy insurance from their States. If they live in Flor-ida and there is some company in Cali-fornia that wants to sell them insur-ance, too bad, they can’t buy it. That is ridiculous. That is what we should be changing here. These people are not doing it because they don’t want to be responsible. They can’t afford it. Their house is upside down. They are making half as much and working twice as long. Their kids want to go to college. Everything has gotten more expensive, including gas, milk, their water bill, and electricity bill. On top of that, we are going to hit them with this? \nWe just got a report today that shows \nthat the economy barely grew in the first 3 months of this year. It was less than 2 percent. Our economy is not growing. When it is not growing, the debt gets worse, the unemployment gets worse, everything gets worse. We should not be doing anything in Wash-ington that makes it harder for people to grow this economy. Why would we do something such as this to people? Why would we hit the owner of a tour-ist shop with a $2,000-a-year tax or else the IRS is going to chase him around? Why would we hit this guy who is 50 years old, trying to make a living in the world working for a small business, with a $1,000-a-year tax when we are trying to grow our economy? \nHealth insurance is a real problem. It \nis. I wish more Americans could get their health insurance the way Con-gress gets it. We get it very simply. We get to choose, depending on which State we are from, between 8 to 10 com-panies, and we can decide. If we want a higher copayment, we pay less pre-mium and vice versa. We get to choose. Most Americans don’t have that \nchoice. They get their insurance from their job and their job tells them: This is your insurance plan. Pick a plan out of this book. Those are the kinds of things we should be working on. \nSo apart from everything else, this is \na terrible idea because it hurts our ability to grow our economy. This is the real-life impact of this bill. This is the impact it is going to have, and we are going to see it. We are going to see it in a further downturn in our econ-omy and in slower economic growth. This is going to have a real impact. This is a big deal. People across this country and across Florida have every right and every reason to be worried about the impact this is going to have on them. This is a middle-class tax in-crease, and millions of Americans now have an IRS problem. People will now have to, for the first time in American history, prove they have health insur-ance or they are going to have to deal with the IRS. I guarantee that is not good for small business. I guarantee that is not good for the middle class. I guarantee that is not good for eco-nomic growth. \nThat is where we are today. If there \nis anything I hope we can do—I wasn’t here when the health care bill passed, but I hope some of my colleagues who voted for this will think to themselves: This is not what we intended. We want to help people who are uninsured but not like this. This is never what we wanted to do. I hope enough reasonable minds will come together to either sus-pend or repeal this, and let’s start from scratch. Let’s come up with a real plan to help deal with the health insurance crisis in America. \nI thank the Chair, and I yield the \nfloor. \nThe PRESIDING OFFICER. The Sen-\nator from Nebraska. \nMr. JOHANNS. Mr. President, today \nmarks one of the most historic and cer-tainly highly anticipated Supreme Court decisions in a long time. \nI would be less than candid if I didn’t \nsay I am enormously disappointed that the Court upheld the law in its indi-vidual mandate which requires all Americans to purchase government-ap-proved insurance whether they choose to or don’t choose to. I believe it is fun-damentally wrong for the U.S. Govern-ment to intervene in the lives of Amer-icans in this very direct way. However, the Supreme Court’s role within our system of government is to interpret the Constitution, and they have spo-ken. So with the ruling now officially out, what is important is where we go from here. \nThe Court did not decide that this \nlaw is good policy. In fact, Chief Jus-tice Roberts went out of his way to clarify this point. It is clear in my mind that we must do everything we can to repeal this flawed law because it is enormously bad policy. \nWhile we have waited over 2 years for \nthe final decision about this law’s con-stitutionality, we haven’t had to wait that long to learn why the law is bad \nfor America. The law was a train wreck from the very beginning: backroom deals, empty promises, political tactics that epitomize what disgusts Ameri-cans about their government. Some of the law’s leading supporters even ad-mitted they hadn’t read the 2,700-page bill. The Speaker acknowledged we are going to have to pass the law to see what is in it. My colleagues across the aisle hastily passed the bill on the no-tion that there were some gold nuggets in there, tucked inside the law, and that maybe Americans would think they were lucky enough to cash in. We have come to know nothing could be further from the truth. \nAfter more than 2 years, there has \nbeen a lot of rain but not a single rain-bow and certainly no pot of gold when it comes to this legislation. Instead, what we have seen is one broken prom-ise after another. \nJust last week, the administration’s \nown Medicare Actuary reported na-tional health care spending will in-crease at an average of more than 50 percent over the next decade. The same study estimated, in 2014, the increase in private health insurance premiums is expected to accelerate to 7.9 percent. But the startling fact is that is more than twice the increase Americans would have faced in the absence of the health care law. \nThis is just one of many studies that \nindicate the law does not bend the cost curve down as the President promised. It begs the basic question: Why would Congress pass a massive overhaul of our country’s health care system that actually increases the cost of care? It is so ironic that the majority decided to call this health care law the Afford-able Care Act. One can hardly argue that more people will receive better care under a plan that drives costs up-ward as well as puts Medicare on an unsustainable path. \nThe Medicare Actuary asserted in the \nmost recent trustees report that the law could lead to significant access issues for beneficiaries under Medicare, and Medicare itself is estimated to be insolvent by 2024. Due to the cuts to Medicare and the health care law, he said: ‘‘The prices paid by Medicare for health services are very likely to fall increasingly short of the cost of pro-viding those services.’’ \nHe goes on to say: ‘‘Severe problems \nwith beneficiary access to care’’ will occur. \nThat is just another way of saying, to \nput it very directly and simply, our seniors are going to find it harder and harder to find a doctor or a hospital that will accept them as patients. To put it simply, our seniors are going to have difficulty accessing medical care under this law. \nThe health care law perpetuates the \nproblems within this very difficult sys-tem. It is clear that heavy-handed gov-ernment solutions are not the answer, but that is exactly what this law cre-ates. In this law, there are 159 new \nVerDate Mar 15 2010 01:20 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\\CR\\FM\\G28JN6.026 S28JNPT1smartinez on DSK7SPTVN1PROD with SENATE CONGRESSIONAL RECORD — SENATE S4702 June 28, 2012 \nboards, over 13,000 pages of new regula-\ntions, and it gives the Secretary of Health and Human Services more than 1,700 new or expanded powers. No one will convince me this act isn’t a seizure of our government, of our health care system, and putting it under the power of government. \nAmericans don’t want government \nbureaucrats diagnosing and prescribing their care. They want the freedom to choose an insurance plan that covers their needs and to simply see the doc-tor of their choice. \nIt seems the President even manipu-\nlated this sentiment, which is why he said no fewer than 47 different times: ‘‘If you like your plan, you can keep it.’’ He knew that pledge would help him gain support for his law, but, sadly, the American public was misled and his promise can’t be kept. \nThe nonpartisan Congressional Budg-\net Office estimates up to 20 million Americans could lose the insurance they get through work—the insurance they like and want to keep—because of this health care law. Families in 17 States, including my own State of Ne-braska, no longer have access to child- only health insurance because of the mandates in this misguided legislation. That is not the only way the law will hurt hard-working American families. The Director of the CBO testified that the new law will mean 800,000 fewer jobs over the next decade. \nThe American people deserve more \nthan a laundry list of flawed policies and empty pledges. Americans deserve step-by-step reform instead of rushed policy; transparent reforms, not a 2,700-page entangled mess; and an open debate, not a closed-door discussion and the backroom deals that were so necessary to get this flawed piece of legislation passed. More than anything, they deserve sound policy that delivers on the promises. \nI will do everything I can to continue \nto push to repeal this misguided law and to push for policies that set us on the right course because the path we pave will define our future as a nation. There is no disputing that Medicare and Medicaid are two of the biggest drivers of our Nation’s $15 trillion debt. So if we want to secure a sound future for our children and our grandchildren, we have to fundamentally reform these government programs, not double down on policies that will bankrupt them. In that same vein, we can’t ignore our struggling economy. Instead, we need policies that promote business growth and job creation. I believe we can pass step-by-step reforms that confront these tough issues and policies that de-part from a top-down, one-size-fits-all approach. \nThe issue of health care touches all \nof us at the deepest level. Whether it is a new life entering into our world, a tough diagnosis, a lifesaving surgery or care for a loved one in their final days, health care decisions should not be dic-tated by Washington. Families and the physician they trust need to be at the heart of the decisions that impact their \nhealth. The Supreme Court has spoken definitively about the constitu-tionality of this law, but Americans have spoken loudly and clearly when it comes to the sensibility of this process and of this policy. It is time to repeal it and put in place sensible reforms that truly do bring down costs. \nI yield the floor and I note the ab-\nsence of a quorum. \nThe PRESIDING OFFICER (Mrs. \nS\nHAHEEN ). The clerk will call the roll. \nThe assistant bill clerk proceeded to \ncall the roll. \nMr. LEE. Madam President, I ask \nunanimous consent that the order for the quorum call be rescinded. \nThe PRESIDING OFFICER. Without \nobjection, it is so ordered. \nMr. LEE. Madam President, I rise \ntoday to speak about the Supreme Court’s ruling this morning in the case involving the constitutionality of the Affordable Care Act’s individual man-date. In that case, the Supreme Court rendered a decision that may be spun by many, perceived by many, as a vic-tory for the proponents of the con-troversial individual mandate con-tained within the Affordable Care Act. \nI would submit today, however, that \nthis victory, if it is being called that, will prove to be not only hollow but also short lived. I say that because, sig-nificantly, the Supreme Court was able to uphold the constitutionality of the mandate only by a series of gymnastics that allowed the Court to find this was a tax. \nFirst, the Court addressed the issue \nand concluded, for only the third time in the last 75 years—only the third time since 1937—that Congress had, in fact, exceeded its power as asserted under the commerce clause of the U.S. Constitution. \nHaving concluded that Congress \nlacks the authority to compel com-merce, the creation of commerce so that it could then regulate commerce, the Supreme Court went on to shoe-horn this individual mandate provision into the Supreme Court’s conception of Congress’s taxing power. This awkward construction is one that exposes many of the true flaws of the individual man-date. \nThe mandate itself, we must remem-\nber, was not wildly popular among the American people at the time it was en-acted. It has become even less popular as the American people have come to understand it. A recent poll revealed that roughly 74 percent of Americans do not like the individual mandate. This is easy for us to understand when we think about the fact that we as Americans—we are born as a free peo-ple. We were intended to live as a free people. It offends our most basic sense of freedom to have one of the most per-sonal decisions made for us by govern-ment—particularly by the impersonal, distant government that is based in Washington, DC. \nThese kinds of decisions should be \nmade by the individuals and families in consultation with their doctors, not by \ngovernment bureaucrats in Wash-ington, DC. So the fact that it is un-popular does not surprise us, and given the fact that the Supreme Court was able to uphold the individual mandate only by calling it a tax is very signifi-cant. It is especially significant given the fact that it was pitched to the American people as something other than a tax. \nThe President promised us he would \nnot raise our taxes. He promised us the individual mandate did not amount to a tax increase. He promised us all along that he would never raise the taxes of any American earning less than $250,000 a year. Well, those who participated in Congress who voted for this provision also promised us this would not amount to a tax increase. They did so for one simple reason: They knew it could not pass. They knew it would not be able to get the number of votes necessary to make it become law if they called it a tax. So they did not. They went to great lengths to make sure it was not de-scribed or characterized or structured as a tax within the text of the statute itself. \nNow, after the fact, the Supreme \nCourt has taken the step of shoehorning this regulation into Congress’s taxing authority, and it is calling it a tax, effectively insulating those Members of Congress who voted for it from the political liability at-tached to having voted for a tax in-crease—not just any tax increase but a tax increase that the Joint Committee on Taxation has concluded will be borne overwhelmingly by hard-work-ing, middle-income earners. \nIn fact, they have concluded that \nover 75 percent of the burden associ-ated with this mandate that has now been deemed a tax will be paid by those earning less than $250,000 a year. It was unpopular before we were told it would be deemed a tax. Now that it is a tax, we cannot expect that its status as a tax will enhance its popularity. If any-thing, we can expect that it will be-come even less popular with the Amer-ican people. \nFor that reason, I am absolutely con-\nvinced that for those who call this a victory for the individual mandate, it will prove to be anything but a victory. It will prove to be something that will result in a groundswell of people con-tacting their Members of Congress, telling them they do not want their taxes raised, telling them that Mem-bers of Congress who voted for this promised them it would not be a tax in-crease, asking them, for instance, to vote on it, to decide once and for all whether they are willing now to call it a tax, given that was the only way in which it could be affirmed, upheld, as a valid constitutional exercise of Congress’s power. \nAs we move forward to the November \nelections, we are going to hear a lot about what people do not want out of their national government. We will \nVerDate Mar 15 2010 01:20 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\\CR\\FM\\G28JN6.030 S28JNPT1smartinez on DSK7SPTVN1PROD with SENATE CONGRESSIONAL RECORD — SENATE S4703 June 28, 2012 \ncontinue to hear a lot from those peo-\nple who are offended by this notion that the government can tell them where to go to the doctor and how to pay for it, who are offended by the no-tion that government would step in and tell Americans: You have to buy \nhealth insurance, not just any health insurance but that health insurance which Congress, in its infinite wisdom, has deemed necessary for every Amer-ican to purchase. And if you do not, you are going to be penalized. If you do not, you are going to be taxed. \nPeople are going to be upset about \nthis. They are going to complain to Congress and to candidates for Con-gress. They are going to complain to the President and to other candidates for the Presidency that this is not the kind of government they want. After they do that, they will proceed, and they will start talking about what kind of government they do want. That is where we have to move, away from the kind of government we do not want to-ward the kind of government we do want. \nThe kind of government we do want \ntoday is, in so many respects, the same kind of government we as Americans have always wanted ever since our founding; that is, a government that at the national level recognizes limits to its power, recognizes that whenever government acts it does so at the ex-pense of our individual liberty. \nWhen the Federal Government acts, \nto a significant degree it does so at the expense of our State governments, gov-ernments which are closer to the peo-ple and often more responsive to the needs and to the evolving demands of the people. This is not simply a techni-cality upon which we are involved in a discussion. This is a very important part of the political process. It is essen-tial that any time we raise taxes, we do so in a way that is clear to the people and that we stand accountable to the people for raising taxes. The courts do not have the expertise to do that, and yet they exercised that power today. \nAs the majority opinion today re-\nminded: \nThe Supreme Court of the United States \npossesses neither the expertise nor the pre-rogative to make policy judgments. Those decisions are entrusted to our Nation’s elect-ed leaders who can be thrown out of office if the people disagree with them. \nThis reminds me of one of my favor-\nite quotes from our country’s greatest Founding Father, George Washington, who said something very similar way back in 1789, when he explained: \nThe power under the Constitution will al-\nways be in the people. It is entrusted for cer-tain defined purposes and for a limited pe-riod to the representatives of their own choosing. And whenever it is executed con-trary to their interests or not agreeable to their wishes, their servants can and undoubt-edly will be recalled. \nThis reminds us of the fact that we as \nAmericans are in control of our own destiny as a nation. We as Americans are here and have the prerogative to explain what we want and what we do not want out of our government. The \ngovernment exists to serve the people and not the other way around. The de-cision rendered by the Supreme Court today, while I disagree with it in many respects, is one that I predict will usher in a new era of robust debate and discussion over issues of federalism and individual freedom. That debate, I am convinced, will lead inexorably to the result that we as Americans will be-come more free, less captive to a gov-ernment that tells us where to go to the doctor and how to pay for it, and that we as a people will again prosper as we regain our God-given right to constitutionally limited government. \nI yield the floor. The PRESIDING OFFICER. The Sen-\nator from Maryland. \nMs. MIKULSKI. Madam President, I \nrise to speak on the Affordable Care Act. Today I am so relieved that the Supreme Court has upheld the Afford-able Care Act as constitutional. With this ruling, our Nation’s highest Court has made it clear that no matter who you are—a man or a woman, a senior facing cancer, a child with juvenile dia-betes—you will have health care that is available, reliable, and undeniable. \nHealth care reform has achieved \nmany goals that the American people wanted us to do: One, expanding uni-versal access. Now 32 million people will have health care they did not have before. Second, it breaks the strangle-hold of insurance companies, ending their punitive practices, particularly in those areas of preexisting conditions where they denied health care because a child might have autism or asthma or for women where they had a par-ticular approach where they charged us more than for men of comparable health status—30 percent more. Then they treated simply being a woman as a preexisting condition, or a preg-nancy, sometimes the need for a C sec-tion. In some States being a victim of domestic violence was considered a preexisting condition. We ended that practice. \nWe also saved and strengthened \nMedicare, and we emphasized preven-tion, early detection, and screening. That will save lives, improve lives, and also save money. \nI am proud of what we did in Con-\ngress with the universal coverage. For the first time in our history we are committed to covering every single American with health care. It helps young families to be able to look out for their children. It helps young adults recently graduated from college, some looking for a job, some working in startups where there is no health in-surance. \nBecause of health care reform, 52,000 \nyoung adults in Maryland will have coverage on their parents’ policies while they go back to school, look for a job, or get that entrepreneurial spirit going. \nThen there are these punitive prac-\ntices of the insurance companies. Much has been said about how we interfere with people’s right to see the doctor of \ntheir choice or get health care. \nThat is what insurance companies \nhave been doing for years. People in pinstripes sitting in boardrooms made decisions on who could get health care and who couldn’t. We stopped them from denying families health insur-ance. We stopped insurance companies from denying children’s coverage. Con-gress ended, as I said, discrimination against women. \nI remember when they tried to take \nour mammograms away, and I said no and organized the preventive health care amendment. We women fought to have access to mammograms and other things related to our particular life needs. The fact is we wanted it for the men too. We organized for the preven-tion amendment so we could limit the need of copays for this, so we women could have access to mammograms, so men could have access to screening for prostate cancer, so all Americans could get that screening for the dread ‘‘C’’ word, such as colon cancer, and how about diabetes and heart disease. These are the kinds of things that, if we can have early detection and early screen-ing, will save lives, stop the spread of the disease or keep it from getting worse. \nDiabetes, undetected, uncontrolled, \nand unmanaged, can result in the loss of an eye, a kidney or a leg, all because one has lost their health insurance. Be-cause of what we have done in the Af-fordable Care Act, not only will people have health care, but they will have the preventive services where, early on, they will be able to examine exactly where they are and have access to a di-abetic educator and have the moni-toring and coaching they need and, hopefully, the diabetes comes under control and the health care costs come under control. That is what we did in this bill, and I am very proud of it. \nI travel my State a lot. As I went \nfrom diner to diner out there in the communities, where I could talk to the people unfettered, unchoreographed, they said to me: B\nARB, I not only worry \nabout losing my job, but I worry about losing my health insurance. I don’t know what will happen to my family. I fear that I am one health care catas-trophe away from family bankruptcy. I want to make sure my family is taken care of. \nI talk to small businesses. How can \nthey afford that? They need predict-ability and understanding and they need access to something called the health care exchange, where it will be akin to an economic mall, where they will be able to go to the health ex-change and see the whole lineup of pri-vate health insurance companies and the benefits they offer. Small busi-nesses will be able to navigate that and see what they need and what they can afford for the benefit of their workers. \nThis is the American way. This does \nuse market techniques, but at the same time we don’t use the free market to endanger the people in terms of uni-versal access and some of these others. \nVerDate Mar 15 2010 01:20 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\\CR\\FM\\G28JN6.032 S28JNPT1smartinez on DSK7SPTVN1PROD with SENATE CONGRESSIONAL RECORD — SENATE S4704 June 28, 2012 \nThere are many things in this bill. \nOne of the other things I like so much was that we insist that 80 percent of the premium we pay goes into health care, not into the executives’ pockets for perks, privileges or profits. \nI believe in the free enterprise sys-\ntem, and I believe in profit, but I don’t believe in profiteering. So we said 20 percent goes into administrative costs, and if they can control those, they will make a bigger profit. But 80 percent has to actually go to rewarding pro-viders for the health care they do, for their education and training. I think it is terrific. \nPart of the bill has already kicked in. \nMy constituents in Maryland will see over $5 million returned to them be-cause we insisted on this provision. We are for providers getting what they need in terms of reimbursement but at the same time looking at and making sure it goes into the health care they need. \nToday we have had the ruling of the \nSupreme Court. I was out there on the steps of the Supreme Court, and I loved every minute of it. As you know, I got into politics as a neighborhood pro-tester. I fought a highway and the downtown establishment and I fought the political bosses. When I talk to young people around the world—par-ticularly those with aspirations in autocratic or dictatorial environ-ments—I tell them that in America when you are a protester, they don’t put you in jail, they send you to the Senate. I am here because of the first amendment of the Constitution—free speech, freedom of assembly. \nWhen I was out there on the steps \ntoday and heard the roar of the crowd, whether it was the tea party who had access to a microphone or whether it was me who had access to a micro-phone, I knew the Founders’ vision of America had worked. They believed in limited government. They believed in checks and balances. No President should have unlimited power. No Con-gress should have unbridled power, and the Supreme Court would be an inde-pendent judiciary to act as referee. \nPresident Obama proposed a bill. We \nduked it out in the Congress and we passed it and sent it out into the land. There have been legal challenges. It went to the Supreme Court, and the Court looked at the bill not for utility or even desirability, they looked at it for constitutionality. Today, they ruled that the bill was constitutional. \nI am sure somewhere there is Tom \nJefferson, John Adams, and his wife Abigail, who said they lived the Con-stitution, and in that health care bill, by the way, John, they didn’t forget the ladies. \nI yield the floor and suggest the ab-\nsence of a quorum. \nThe PRESIDING OFFICER. The \nclerk will call the roll. \nThe assistant bill clerk proceeded to \ncall the roll. \nMr. CARDIN. Madam President, I ask \nunanimous consent that the order for the quorum call be rescinded. The PRESIDING OFFICER. Without \nobjection, it is so ordered. \nMr. CARDIN. I ask unanimous con-\nsent to speak as in morning business. \nThe PRESIDING OFFICER. Without \nobjection, it is so ordered. \nMr. CARDIN. Madam President, I \ntake this time to comment on the Su-preme Court decision on the Affordable Care Act. This was a good day for the American people. It allows us to move forward with providing universal health care coverage for all Ameri-cans—affordable, quality health care. \nI wish to quote from a former Mem-\nber of this body when he said: \nFor me, this is a season of hope, new hope \nfor a justice and fair prosperity for the many and not just for a few, new hope. And this is the cause of my life, new hope that will break the old gridlock and guarantee that every American—north, south, east, west, young, old—will have decent, quality health care as a fundamental right and not a privi-lege. \nThat was a statement from our \nformer colleague, the late Senator Ted Kennedy, on August 26, 2008. This Con-gress acted and did what was right to move this Nation forward to join all the other industrial nations in the world to say health care is a right, not a privilege. \nThe Supreme Court today recognized \nit was Congress’s responsibility, and Congress had the legal authority to move forward. As a result of this deci-sion, we are going to find that $10.7 bil-lion has been recovered already today by dealing with waste, fraud, and abuse in the Medicare system. We will be able to continue with those programs that make our health care system more af-fordable. We will be able to continue health care coverage for those between the ages of 19 and 25 who are now on their parents’ health insurance policy; 3.1 million young adults have benefited from that provision of the Affordable Care Act that was upheld by the Su-preme Court today. \nSeventeen million children with pre-\nexisting conditions can no longer be de-nied coverage by their insurers. That provision is now safe as a result of the Supreme Court decision. And 5.3 mil-lion Americans on Medicare have saved, on average, $600 on their pre-scription drugs. \nAs you know, we worked in this Af-\nfordable Care Act to close the coverage gap—the so-called doughnut hole—on prescription drug coverage for our sen-iors. In upholding the Affordable Care Act, the Supreme Court allows us to continue to make sure that coverage gap is eliminated. \nThere are 70,000 Americans with pre-\nexisting conditions who now have the security to know their coverage is safe. In addition, in 2011, 32.5 million seniors received one or more free preventive services. So far in 2012, 14 million sen-iors have already received these serv-ices. \nThe expansion of benefits in Medi-\ncare that was under the Affordable Care Act, providing the wellness exam and eliminating the copayments on preventive health services, will also \nnow be saved and our seniors will be able to continue to receive those bene-fits. \nOn the doughnut hole, the coverage \ngap on prescription drugs will save $3.7 billion for 5.2 million seniors, with an average of $651. This is real money. This is the difference between some seniors being able to take their medi-cines or having to leave them on the pharmacist’s desk. That is now also protected. \nInsurance companies will provide al-\nmost 13 million Americans with over $1 billion in rebates in 2012. We put into the health reform proposals protec-tions against excessive premiums by private insurance companies. Well, that is going to save consumers in America over $1 billion. And 105 mil-lion Americans will no longer have life-time limits on their coverage. \nInsurance should be there to protect \nyou. Before the Affordable Care Act, there were limits that might not have covered extraordinary costs, cata-strophic costs. We now have that pro-tection as a result of the Affordable Care Act and the Supreme Court’s up-holding that decision today. \nIt is also important for small busi-\nnesses. In 2011, 360,000 small businesses took advantage of the tax credit that helps small companies afford to buy health insurance for their employees. When we fully implement this bill in 2014, small companies will enjoy the same larger pools and lower premiums that larger companies enjoy today in covering around 2 million workers. So we have already made a significant amount of progress as a result of the Affordable Care Act and the Supreme Court upholding that law today. \nI wish to talk a minute about the Pa-\ntients Bill of Rights. One of the major parts of the bill was to take on the abusive practices of private insurance companies. We all know that was at risk if the Supreme Court did not up-hold the actions of Congress. As a re-sult of upholding the actions of Con-gress, we now find, for example, access to emergency care, a provision I worked on, says it is prudent for you to go to an emergency room if you are having shortness of breath, if you are having chest pains. It is the right thing to do to go to the emergency room and that your insurance company has to pay for that visit. It can’t go by your final diagnosis that it may not be a heart attack. After you get your bill, and it is not paid for by your insurance company—you might have a heart at-tack—this bill protects a person and makes sure insurance companies do not use abusive practices against you. \nAccess to women’s health care is \nguaranteed under the Patients Bill of Rights. Access to pediatric care and choice of health care professional as your primary care—all that is in what we call the Patients Bill of Rights that protects you against abusive practices of private insurance companies. \nClinical trial coverage is also here, \nand the provision I worked on, health \nVerDate Mar 15 2010 01:20 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\\CR\\FM\\G28JN6.036 S28JNPT1smartinez on DSK7SPTVN1PROD with SENATE CONGRESSIONAL RECORD — SENATE S4705 June 28, 2012 \ndisparities. We know we pay a heavy \ncost in America because of health dis-parities in minority populations and in gender issues. We now have a National Institute for Minority Health and Health Disparities at the National In-stitutes of Health. That will help us understand why we have these dispari-ties in our system and what we can do to reduce those disparities, because it is the right policy for America and it \nwill also save us money. That law now is protected. That institute is pro-tected and is no longer in jeopardy as a result of the Supreme Court’s uphold-ing of the Affordable Care Act. \nLet me talk about oral health care. \nWe have talked frequently on the floor here about Deamonte Driver, the 12- year-old in Maryland who, in 2007, had no health insurance and could not get access to dental care and lost his life. We said that was not going to happen again in our State, or anyplace in the Nation, and we are proud that chil-dren’s access to pediatric health care— dental care—is protected under the es-sential benefit provisions in the Afford-able Care Act that was upheld by the Supreme Court today. \nI also want to comment on the im-\nportance of the legal decision beyond health care. To me, it shows the Su-preme Court was able to find a way to advance the rule of law and to follow precedent we have seen in upholding programs such as Social Security and Medicare, which are mandatory insur-ance programs. It is the right decision on the rule of law. It is the right legacy for this Court to find a way—in a Su-preme Court that has nine different Justices with different views—to come together on an opinion that upheld the authority of Congress to act on a major national problem. \nNow it is time for us to move for-\nward. This issue has been litigated. The Supreme Court is the final arbiter of this decision. It is constitutional. I urge my colleagues, both Democrats and Republicans, to work together to implement this bill in the best manner for the people of this Nation. We know we are saving money, we know the Congressional Budget Office says the implementation of the Affordable Care Act will save hundreds of billions of dollars over the first 10 years and then trillions of dollars beyond that in our health care system. Let’s work to-gether to make sure it works. Let’s work together in the interest of the American people. Let’s put our par-tisan fights aside, let’s accept what the Supreme Court has done, and let’s move forward to get this law imple-mented in the most cost-effective way so we can indeed achieve the goal Sen-ator Kennedy was talking about—that every American should have access to affordable quality care in the richest Nation in the world. \nWith that, Madam President, I sug-\ngest the absence of a quorum. \nThe PRESIDING OFFICER. The \nclerk will call the roll. \nThe bill clerk proceeded to call the \nroll. Mr. LAUTENBERG. Madam Presi-\ndent, I ask unanimous consent that the order for the quorum call be rescinded. \nThe PRESIDING OFFICER. Without \nobjection, it is so ordered. \nMr. LAUTENBERG. Madam Presi-\ndent, today, June 28, 2012, 30 million American people gave thanks, and it is because the Supreme Court this morn-ing upheld the health care law that will provide those 30 million people with access to affordable health insur-ance. \nToday is a proud day for America and \nfor the values we cherish because on this day our Nation’s highest Court has reaffirmed that America is a country that works for everybody, not just a privileged few. We fought for these val-ues for many years, and this victory is just the latest in America’s long strug-gle for a fairer and more equal country. We took the first step 77 years ago when President Franklin Roosevelt signed Social Security into law, ensur-ing that in this country no senior would go hungry. Thirty years later President Lyndon Johnson helped America take the next step when he created Medicare and Medicaid, ensur-ing that our seniors and the most vul-nerable among us would always have access to health care. And today our ef-forts to ensure that every American has access to quality health care has been given the stamp of approval by our Supreme Court. Today we estab-lished our belief in America, the wealthiest Nation on Earth, that it is our moral duty to make sure everyone can keep themselves and their families healthy. \nA little more than 2 years ago, we \nheard the call of Americans struggling to pay for health care—parents who had to choose between keeping their children healthy and putting food on the table and seniors who couldn’t af-ford lifesaving medication. So we passed and President Obama signed into law the Affordable Care Act, and already millions of Americans are reaping the benefits of this law. \nThanks to health reform, insurers \ncan no longer deny people coverage for a preexisting condition. If someone has cancer or some other longtime sick-ness, insurers can’t deny them cov-erage if they are already sick from these conditions. Up to 17 million chil-dren with preexisting conditions are al-ready benefiting from this provision. Under the Affordable Care Act, insur-ance companies are prohibited from canceling coverage when people are sick. And more than 3 million people in my State of New Jersey no longer have a lifetime limit on their health insur-ance coverage. \nToday millions of seniors are already \nreceiving free preventive health serv-ices and are saving an average of $600 a year on prescription drugs. And it is not just seniors who are seeing lower costs; almost 2 million New Jerseyans with private insurance now receive pre-ventive health service at no additional cost. For women, these services include cancer screenings, such as Pap smears \nand mammograms. Since the 1950s, cer-vical cancer screenings have cut mor-tality rates by more than 70 percent. \nThink about that—70 percent of the people are alive now who otherwise would have died if they didn’t have the coverage. \nYoung people have benefited as well. \nMore than 73,000 young adults in New Jersey obtained health coverage last year through their parents’ insurance plans. This has brought their parents peace of mind, knowing that their chil-dren, who may have just graduated from school and are making their way in the world, will be covered with in-surance if they need it. \nBut even with the Supreme Court’s \ndecision, our friends the Republicans continue to fight our efforts. They are again showing they will stop at noth-ing to make seniors have to pay more for medications, more families going bankrupt, and more parents having to choose between feeding their children and taking them to the doctor. \nOur colleagues across the aisle keep \ntelling us that they want to repeal and replace health reform, that they sim-ply favor other solutions, but they have no proposals and no ideas on how to do that. Instead, they just keep giv-ing the American people the same mes-sage: Give your benefits back; we can’t afford it—in this rich Nation of ours. \nWell, I have a message for my friends \nhere in this place where care is so care-fully given: If you don’t want Ameri-cans, I say to colleagues here, to have affordable health coverage, then you ought to give yours back. That is what I say. The Republican hypocrisy is stunning. As Members of Congress, politicians have access—all of us—to world-class health care, but they are determined to take away the lifeline that health reform law offers to fami-lies who really need it. \nLet’s be clear. Without this law, in-\nsurers could once again restrict bene-fits, cancel coverage when people get sick, and refuse care to people with preexisting conditions. The Repub-licans want to return to the days when it was legal for insurers to turn away sick children, to say: Sorry, you are not covered by insurance. No matter how sick you are, we can’t give you any help. \nAnd I say to my Republican col-\nleagues, stop attacking the American health care plan, not the Obama health care plan. Start working with us to en-sure a healthy and happy future for all of our children and grandchildren. \nAmericans don’t want to relive the \nhealth care debates with the lies about death panels and socialized medicine. The American people want us to move forward and work together to lower costs and make sure no American gets left behind. That is what the American people deserve from us. They send us to this place for 6 years at a time. That is the America we must believe in. That is the America we fight for. And today we are one step closer to making that America a reality. \nVerDate Mar 15 2010 01:20 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\\CR\\FM\\G28JN6.037 S28JNPT1smartinez on DSK7SPTVN1PROD with SENATE CONGRESSIONAL RECORD — SENATE S4706 June 28, 2012 \nI speak for myself. Some years ago, I \nwas 18 years old and I signed up to serve my country in World War II. It was a dark moment in our history. The war was at its height. My father was on his deathbed. He was just past 42 years of age. He had cancer, acquired—like his brother and his father did—from work in the mills of Paterson, NJ. That is what they had. My mother was a 37- year-old widow. Things were tough. Things were difficult. I had a little sis-ter. My father died, and we all grieved. I was already enlisted in the Army, and they permitted me to stay home until my father passed on. But what hap-pened is not only did my father leave grief, but he left bills—bills for hos-pitals, for pharmacists, for doctors. People shouldn’t have to go through that. The coverage ought to be there that says: We will take care of you. You are an American citizen. Be proud of that. And don’t let anybody fight to take away your rights to protect their rights. No, that is not a balance. \nMr. President, I yield the floor, and I \nsuggest the absence of a quorum. \nThe PRESIDING OFFICER (Mr. \nB\nLUMENTHAL ). The clerk will call the \nroll. \nThe assistant bill clerk proceeded to \ncall the roll. \nMr. GRAHAM. Mr. President, I ask \nunanimous consent the order for the quorum call be rescinded. \nThe PRESIDING OFFICER. Without \nobjection, it is so ordered. \nMr. GRAHAM. I ask consent to be \nrecognized for 5 minutes to speak about the Supreme Court’s ruling. \nThe PRESIDING OFFICER. Without \nobjection, it is so ordered. \nMr. GRAHAM. Mr. President, there \nare a couple observations I would like to make about the historic ruling by the Supreme Court today. No. 1 is about the legislative process. Members of Congress during the debate on Obama health care had a very pas-sionate, heated debate which is part of democracy. As I recall the debate, when people on our side suggested this is a tax increase, that all the fines and costs associated with the health care bill would be a massive tax increase, our friends on the other side, almost to a person, said: No, this is not a tax in-crease. President Obama assured the American people during the debate that the fine is not a tax. \nI think the reason that was so is be-\ncause if we debated this bill and the only way we could pass the bill is using the power of Congress to tax under the Constitution, there would not have been 10 votes for the legislation. No-body would have wanted to go home and say I just increased your taxes by billions of dollars over the next 10 years to fix health care, because I think most Americans believe our health care in this country needs to be reformed, and it is in many ways bro-ken and needs to be fixed, but there are very few people in this country who be-lieve we don’t tax enough and that is the problem with health care. That is not the problem. The problem \nwith health care is not the lack of how much we tax, it is the lack of choices people have and the competition when it comes to purchasing health care. Many of us want to give people a chance to buy health care outside of the State in which they live, which they cannot do today. Many of us be-lieve some form of medical malpractice reform will lower costs. Many of us are \nfor preventing preexisting illnesses being used to deny health care. \nI would like to give individuals the \nsame tax writeoffs as businesses have when it comes to purchasing health care, and I am willing to help those who do not have the money to buy health care to be able to purchase health care in the private sector. \nI am willing to do a lot of things, but \nI am not willing to impose a massive tax increase to fix health care. Also, I do not think it is fair for people in the body, during the debate on a bill, to say: This is not a tax increase, vote for the bill, and wind up having to be told by the Court the only way this is legal is for it to be a tax increase. \nHere is my challenge to every Mem-\nber of the Democratic Party who said this was not a tax increase when we de-bated the bill. I am asking now, if they did not want to increase taxes to fix health care, repeal this bill and work with me and others to find a way to fix health care without a massive tax in-crease. If after the Supreme Court rul-ing they are still OK with the legisla-tion, be honest enough to go back home and say: I raised your taxes to fix health care because I thought that was the right thing to do. \nThen let’s have a debate about \nwhether that is the right thing to do. I can promise, it is not the right thing to have a debate where the President of the United States and the architects of the bill assure everyone they are not having a tax increase when, in fact, that is the only way this bill can stand. \nI believe we all owe it to the Amer-\nican people to be on record. If after to-day’s ruling Senators are still for this legislation, have the courage to tell the American people: I am for it, even though I had to raise your taxes to make it happen. Stand behind what they believe. If someone believed at the time this should not be considered a tax increase and they are upset or they are worried that it is now being called a tax increase and they think that is wrong, have the courage to say let’s start over. Nobody is going to hold it against a political leader who is willing to change their mind if it makes sense. \nI cannot think of a better oppor-\ntunity for Congress to revisit an issue than this. If there is ever a bill that needed to be revisited it is the Obama health care bill. It needs to be revisited and it needs to start over because it was passed on a party-line vote. It was passed with statements being made that this is not a tax increase when it turned out to be. I hope we have the wisdom and the courage to start over and sort of get this thing right. The second point I would like to \nmake is that no one in this country has suggested that health care needs to be fixed through a massive tax increase. \nLet’s find a better model to fix health care than hundreds of billions of dol-lars of new taxes. \nA final thought is, how do we move \nforward? In November of 2012, every person who voted for Obama health care told their constituents this is not a tax. They owe it to their constituents to go back and say: Listen, the Su-preme Court said this can only stand with it being a tax. I am either OK with that or I would like a second chance to fix it. \nPresident Obama is a good man and \nsincerely believes that health care needs to be reformed in a certain way. I agree it needs to be reformed but not in this way. The President owes it to the American people to correct his statement when he assured us all this was not a tax increase. Many Ameri-cans found comfort in that. I have al-ways believed the Court could uphold this law under one theory and one the-ory only. I never believed the com-merce clause was so broad that we in Congress could compel someone to buy a product they did not want. The Court said today that the commerce clause cannot be used in such a fashion. \nThe bill was sold as a power within \nthe commerce clause. The Court said today the commerce clause will not allow Congress to make the public buy a product. That is not commerce. That should make all of us feel better that there are some limits on the commerce clause vis-a-vis our Congress. But the Court did say when it comes to the power of a tax to tax, the Congress’s discretion is broad. That is constitu-tionally true, and it has always been so. The Congress has the power to raise taxes to pay for a war. Even though we may disagree with the war, we have it in our power to say for the public good we are going to raise taxes to pay for a war. \nCongress also has the power, in my \nview, to say: The health care system is broken. We are going to raise taxes to fix it. I don’t think that is the right an-swer, but I think that is within our power. \nThe Court said today the fine is real-\nly a tax. Now that we know it is really a tax, what are we going to do about it? Are we going to leave in place the larg-est tax increase in modern history to fix health care or are we going to be smart enough, wise enough, and coura-geous enough to start over? I hope we are wise enough, courageous enough, and smart enough to start over and this time do it in a way that is truly bipartisan. \nThe worst possible outcome for the \nAmerican people is for the Congress to pass legislation that affects one-fifth or one-sixth of the economy and say this is not a tax, and at the end of the day that is the only way the law can stand is for it to be a tax. \nSo I hope between now and the elec-\ntion we can have another debate about \nVerDate Mar 15 2010 01:20 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\\CR\\FM\\G28JN6.039 S28JNPT1smartinez on DSK7SPTVN1PROD with SENATE CONGRESSIONAL RECORD — SENATE S4707 June 28, 2012 \nhealth care. All those who stand by \nthis product need to tell their constitu-ents: I believe in this product, and I am willing to tax you in a large way to make it happen. If we had had that de-bate to begin with, this bill would have never passed and we would have worked together. Second chances are hard to get in life. Congress now has a second chance. \nOne final thought about Medicaid ex-\npansion. Congress said we are going to expand Medicaid dramatically under this proposal to insure people not cov-ered by Medicaid today. If you are 133 percent above poverty, you would be included in Medicaid. In my State 31 percent of South Carolinians would be eligible for Medicaid under the Obama health care formula. That would mean an additional $1 billion of a matching requirement by the State of South Carolina to get the Federal money. That means my State would have to cut education, raise taxes, or cut pub-lic safety to come up with the money to match Medicaid expansion under the Obama health care act. \nThe Supreme Court said we cannot \ndo that to the States. We cannot ex-pand Medicaid dramatically, which will bankrupt States and tell them if they don’t agree with the expansion, they lose all the money under the program; that is coercive. \nIn September of last year, along with \nSenator B\nARRASSO , I introduced legis-\nlation called the Graham-Barrasso bill, which would allow States to opt-out of Obama Medicaid expansion and still re-ceive the money they receive under the current program. That is basically what the Court said we should be doing. So I hope the Republican leader will impress upon the Democratic lead-er to bring up the bill we introduced last September and legislatively allow States to opt out of Medicaid expan-sion under ObamaCare if they choose to. \nI guarantee there will be a bunch of \nred and blue States opting out of Med-icaid expansion under this bill because it will make them hopelessly bankrupt, and that is not the way to solve health care for the poor. That part of the bill needs to be addressed too. \nThis is a historic ruling by the Su-\npreme Court, but for it really to be his-toric in its fullest sense, Congress should take this historic opportunity to revisit health care and get this right without a massive tax increase. \nI yield the floor. I note the absence of \na quorum. \nThe PRESIDING OFFICER. The \nclerk will call the roll. \nThe bill clerk proceeded to call the \nroll. \nMr. INHOFE. Mr. President, I ask \nunanimous consent that the order for the quorum call be rescinded. \nThe PRESIDING OFFICER. Without \nobjection, it is so ordered. \nMr. INHOFE. Mr. President, first of \nall, my friend from South Carolina ar-ticulated very well what happened today with the Supreme Court. I think it is going to be a wake-up call for a lot \nof people in America. I think it will, as he suggested, have a profound effect on the elections in November when people realize the Court has ruled that people who don’t have coverage are going to be penalized by $695 per individual, and families who do have coverage will have to pay an additional about $2,100, and the employers of America are \ngoing to be dealing with the govern-ment exchange. People are going to be concerned about it. I think they are going to want to send people to Con-gress in both the House and the Senate and in the White House who are going to change this system. \nSo I stand on the Senate floor and \nsay that is what I am predicting and we will see what happens. \nHIGHWAY REAUTHORIZATION \nI want to make one comment because \nwe are going to vote shortly on a sig-nificant bill. It is the highway reau-thorization bill. It makes me very proud because we have been trying for a year and a half to do this. When we passed the last highway reauthoriza-tion bill, it was in 2005. At that time I was the chairman of the Environment and Public Works Committee. It was, as I recall and going from memory, a $286.4 billion bill. It was for 5 years. Of course, that expired in 2009. \nThe problem we have had since 2009 is \nthat we have been operating on what they call extensions. Most people are not aware that when we operate on ex-tensions, we are operating with the same amount of money we are spending out of the highway trust fund, but we are only getting two-thirds of what we would get if it were a reauthorization. \nFirst of all, they can only do it in a \nshort period of time. There is no plan-ning, and they have all said we lose about 30 to 33 percent of the amount of spending power or money that should be spent on highways, bridges, and maintenance. \nIt is kind of funny because I have \nbeen ranked as the most conservative Member of this body at different times, and I am always in the top three. Yet I have always said I may be the most conservative, but I am a big spender in two areas: One is national defense and the other is transportation, and that is what this is all about. \nI have had occasion to talk to a lot of \nthe new members of the conference committee over in the House and ex-plained to them the conservative posi-tion and the conservative vote on this is to vote for the highway reauthoriza-tion bill that is going to be coming up to us. Hopefully, it will be here to-night. It is going back and forth be-tween the House and Senate. I believe most of the conferees have already signed off on this bill, so it is coming up. It has been a long time in the mak-ing. I am very excited about it. \nLet me also say that while I take the \nposition that the conservative vote is to vote for the highway reauthoriza-tion bill, I am not alone in this feeling. \nMr. President, I would like to submit \nfor the R\nECORD a statement by the chairman of the American Conserv-\native Union. It is an op-ed by Al Cardenas, who is the chairman of the American Conservative Union. He pre-sents a strong case as to why this is the conservative position that should be taken. \nI ask unanimous consent that the \nstatement and op-ed piece by the chair-man of the American Conservative Union be printed in the R\nECORD . \nThere being no objection, the mate-\nrial was ordered to be printed in the R\nECORD , as follows: \n[From the Examiner, June 21, 2012] \nCONSERVATIVES SHOULD BREAK \nTRANSPORTATION BILLGRIDLOCK \n(By Al Cardenas) \nThe spending and debt crises of the past \nfew years in Washington have forced an im-portant debate about the proper role of gov-ernment, and the need for prioritizing gov-ernment spending. \nThe failed $800 billion stimulus, TARP, \ncountless bailouts and Congress’ failure to make a serious attempt at controlling our $16 trillion debt have given many conserv-atives rightful anger over how Washington spends our money. \nUnfortunately, well-placed mistrust in \nCongress’ ability to spend our tax dollars is now jeopardizing legitimate spending projects, chief among them this year’s trans-portation funding bill. If Congress fails to act by June 30, important transportation projects critical to our national defense and our economy will lose their funding. The ef-fects on our already suffering economy will be far-reaching and profound. \nWhile there are important disagreements \nbetween members of the House and Senate on this bill, enough consensus exists on the broad framework that there’s no excuse for not passing it in time. \nFirst, the current framework does not con-\ntain any earmarks. This is a monumental achievement in its own right considering ‘‘Bridge to nowhere’’ and ‘‘John Murtha’s airport’’ served to make transportation ear-marks the poster children of wasteful pork spending. Second, the myriad of highway spending categories that used to serve as hiding places for pet projects has been re-duced from 87 down to 21. \nThird, thanks to the leadership of Senator \nJim Inhofe and conservatives in the House, the cumbersome and unnecessary environ-mental review process for road construction projects will see significant reform. How much reform is up for debate, but we’re going to get something better than what we have now, that much is assured. \nFourth, not passing a bill will hurt our al-\nready suffering economy. \nWhile big-government Democrats mistak-\nenly place their economic faith in the reli-gion of government spending, conservatives know the economic pump is best primed by a robust private sector. Government cannot do much to stoke job creation on its own, as evidenced by President Obama’s repeated failures during the past three years. But gov-ernment can play a profound role in stalling job creation and hurting economic growth. Failure to pass a transportation bill would have a negative effect on commerce and the businesses that count on safe and reliable roads. \nPerhaps most importantly, those of us who \nbelieve in constitutional conservatism un-derstand that unlike all the things the Fed-eral Government wastes our money on, \nVerDate Mar 15 2010 02:17 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\\CR\\FM\\G28JN6.045 S28JNPT1smartinez on DSK7SPTVN1PROD with SENATE CONGRESSIONAL RECORD — SENATE S4708 June 28, 2012 \ntransportation spending is at the core of \nwhat constitutes legitimate spending. \nArticle One, Section Eight of the Constitu-\ntion specifically lists interstate road-build-ing as one of the delineated powers and re-sponsibilities vested in the federal govern-ment. In Federalist Paper #42, James Madi-son makes an early case for the federal gov-ernment’s role in maintaining a healthy in-frastructure, by stating ‘‘Nothing which tends to facilitate the intercourse between the states, can be deemed unworthy of the public care.’’ \nLet’s be clear—the legislation before Con-\ngress is still the product of a Democrat-ically-controlled Senate, and far from con-servative perfection. But there can be no de-nying that it represents a marked improve-ment over previous transportation funding bills. Enough progress has been made, vic-tories won, and concessions secured from Democrats, that conservatives should feel comfortable dropping their objections and working to ensure passage of a bill before June 30. \nThe road to reforming government spend-\ning will be long and winding, but conserv-atives have us headed in the right direction. \nMr. INHOFE. I am looking forward to \nhaving this. Certainly, my State of Oklahoma is not the only State that has bridges and road problems. \nAnother good thing we are waiting \non—and I feel very confident we are going to be able to pass this out of the Senate—is the pilots’ bill of rights, which we are in the process of, hope-fully, getting done. When that time comes, I would like to be recognized to talk about some of the great exten-sions of justice to people who have been denied that justice heretofore just because they happen to be pilots. \nI will yield the floor, and I suggest \nthe absence of a quorum. \nThe bill clerk proceeded to call the \nroll. \nThe PRESIDING OFFICER. The \nclerk will call the roll. \nMr. COATS. Mr. President, I ask \nunanimous consent that the order for the quorum call be rescinded. \nThe PRESIDING OFFICER. Without \nobjection, it is so ordered. \nThe Senator from Indiana. \nHEALTH CARE DECISION \nMr. COATS. Mr. President, I come to \nthe floor today to speak about the Su-preme Court ruling on health care. Ob-viously, we were all glued to the tele-vision set this morning and watched this historic and momentous decision. I was deeply disappointed with the rul-ing. I respect the Court and its work, but I was disappointed that the Court failed to strike down this law as many anticipated they would. I was dis-appointed because I believe the law has been deeply and fatally flawed from the very beginning. \nIt became a major issue, of course, in \nthe 2010 election as people watched this massive bill that impacts every Amer-ican get passed without bipartisan sup-port. The procedures were worked around and violated in order to pass— even though it was against the will of the majority of the American people. This was a 2,700-page monstrosity so infamously described by the then- Speaker of the House as something we have to pass first so you can find out \nwhat’s in it. Well, we found out what’s in it. We have had 2 years to examine this and we have seen parts of it being played out, with more to come. \nI think what we have learned is this \nbill is fatally flawed and it ought to be repealed. It doesn’t mean we don’t have health care issues we should deal with, but we need to deal with it in a bipar-tisan way that can be better explained to the American people and that is af-fordable. It is labeled the Affordable Care Act, but it is anything but afford-able. In a time of deep recession and over a period of the last 2 or 3 years of a stagnant economy, this law adds a burden of regulation and taxation that is working against our ability to come out of this deep hole of economic dis-tress. \nAmericans found out what was in \nthis bill, and I think it reaffirmed many of their deep concerns about going forward with a plan that tries to wrap up the entire U.S. health care system in one big ball—2,700 pages worth. It reaffirms the people’s con-cerns with federal rules and regula-tions and taxes and mandates. The American people are saying that this is not how we want reform of our health care system. We want to make it more affordable and more accessible, but let-ting Washington essentially decide how to go forward without giving flexibility to the States and flexibility to the pri-vate sector to initiate reforms clearly is not what the American people—or at least the majority of the American people—were wanting. \nDespite the promises that were made \nabout the impact of this bill by those who authored it and by the President, middle-class Americans have found that the health care law is a massive tax. The Supreme Court reaffirmed that today. This is not just a penalty; this is a massive tax on working Amer-icans—and not just the rich. It is a tax on the middle class and it is a tax on every American taxpayer, even though the President has insisted, now fa-mously, on YouTube and every news station, that this was not a tax on the middle class or a tax on any Ameri-cans. \nFamilies have found out their insur-\nance premiums are going up, not down, as was promised by those who sup-ported this bill and authored this bill. Seniors have found out they may not be able to keep the insurance plan they have and could lose access to Medicare Advantage. Medicare Advantage is a program many seniors have enrolled in and found to be successful in address-ing their health care needs at a reason-able cost. \nBusiness owners found out they \nwould be fined $2,000 per employee if they failed to provide workers with a health care insurance plan approved by Uncle Sam. I don’t know how many business owners I have talked to in In-diana over the past couple of years who have said they have sat down with their employees and discussed with them how much they are able to pro-\nvide in health care coverage without cutting jobs and without sinking the company. Many companies have worked out different types of agree-ments with employees and various types of plans based on their ability to provide that kind of coverage accept-able by both the employees and the \nowners of the business. Now all of these agreements are wiped out because it is determined that Washington will de-cide what the minimum level of the plan should be. Several business owners have told me they simply can’t run their business in this economy on the low margins, if any margins they are achieving, and provide that kind of in-crease in insurance or opt out of it and pay a fine of $2,000 per employee. \nFor those businesses with under 50 \nemployees, there is an exemption. Other businesses have said: Guess what. I have 47 employees. Does anyone think I am going to hire over 50? No way. No way am I going to push myself into a category where I have to pay a fine of $2,000 per employee if I don’t comply with the health care mandates out of Washington, DC. So what we see is a lot of payment of overtime for ex-isting workers but we don’t see hiring. We don’t see the expansion of hiring, particularly in small business, because of the so-called Affordable Care Act. \nI have spoken to patients and doctors \nall over the State of Indiana, including health care providers, insurance com-panies, hospital administrators, doc-tors who are part of a group and those individuals who are in a private prac-tice, and all of the other entities that are engaged in health care. They all have major concerns with this law and to a group, they have opposed this Af-fordable Health Care Act, or so it is de-scribed. \nWe have a dynamic medical device \nindustry in Indiana, as we do in several States across this country. It is one of the cutting-edge, leading industries in terms of our ability to provide new and innovative products to make people’s lives healthier and safer and to prevent a number of unintended consequences from various medical procedures. They learned after reading this act that they were going to be subject to a 2.3-per-cent tax levied on their gross receipts because they were a pay-for for this bill. These companies that make pace-makers, artificial joints, and surgical tools find that this tax is something that drives them to the point where they need to think about transferring their business overseas, or part of their business overseas, or not hire the workers they wish to hire. This is a tax imposed on one of our dynamic and in-novative industries that is leading in our exports. This industry may no longer be able to compete under this tax. \nJust because this ruling that came \ndown today saying the health care law is constitutional does not mean it is the right policy for us to go forward. The law remains unpopular and \nVerDate Mar 15 2010 01:20 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\\CR\\FM\\A28JN6.003 S28JNPT1smartinez on DSK7SPTVN1PROD with SENATE CONGRESSIONAL RECORD — SENATE S4709 June 28, 2012 \nunaffordable. I wish to state here today \nthat I am committed to working with my colleagues to repeal the health care law and give our citizens the power and the flexibility to make their own deci-sions relative to their health care and to use those innovative ideas that are out there to put a much better package together that addresses the real ques-\ntion of rising health care costs and ac-cess. \nI have traveled our State and lis-\ntened to all of these providers and I have asked them this question: If the health care law is struck down by the Supreme Court, what would you pro-pose? Because we still have a problem here. We have rising health care costs that have to be contained, we have an access problem, and we have a number of other problems in terms of gaining access to coverage and payment for health care issues. What would you propose? I have a long list of answers. I have talked about it here on the floor. I talked about it during the cam-paign. All across my State I have talked about the things I have learned from listening to the people who are on the frontline doing this business every day. There are all kinds of innovative solutions out there. There are all kinds of things we ought to be looking at. I know all of us who support the repeal of the current law are committed to bringing forward sensible, affordable, cost-effective, quality-effective solu-tions to our health care issues. \nWhat the Supreme Court essentially \nhas done is say that this issue is for Congress. Congress represents the peo-ple. We need to be representative of the people. So what we need to do now is listen to the people. It is the people who will decide the future of health care for this country. I believe it is the people who will decide in this coming election. It is the people who will de-cide whether they want evermore Washington—evermore taxing and spending, evermore debt, evermore Federal mandates and regulations—or whether they want to approach this in a different way that can reduce spend-ing, empower individuals, give States greater flexibility, and bring forward sensible, step-by-step, incremental, af-fordable, tested, proven ways of ad-dressing our rising health care costs. \nSo the Supreme Court has turned it \nback to Congress. It is our responsi-bility now to go forward and represent all those who were not listened to when this bill was run through this Congress in a way that violated a lot of our pro-cedures and in a way that I believe went against the majority will of the American people. Here we are, and now it is back on us, and we now need to stand up and take responsibility. Those who voted for it will be defending it, of course. Those who voted against it—or those of us who were here, partly be-cause it was an issue in the 2010 cam-paign—are here to not just simply say we don’t like what is there but to offer also positive solutions to the problem. \nMr. President, I yield the floor. The PRESIDING OFFICER. The Sen-\nator from Rhode Island. \nMr. REED. Thank you, Mr. Presi-\ndent. \nToday’s Supreme Court ruling that \nthe Affordable Care Act is constitu-tional and the law of the land is a vic-tory, I believe, for Rhode Islanders and for all Americans. Families will no longer fear financial ruin if a child be-comes seriously ill or face denial of health coverage due to a child’s pre-existing condition, and they will no longer have to worry that the terms of their coverage will run out as they are being treated after a major medical emergency. \nIndeed, tonight, all Americans can \nsleep a little easier knowing they and their children will have access to qual-ity, affordable health care. This is the type of security we want for our chil-dren and what this law will provide. \nIndeed, for the first time in our his-\ntory, parents can, with some con-fidence, trust that whatever lies ahead, their child at least will have access to affordable health care. We couldn’t say that with any confidence a few years ago—even 2 years ago—before we took up this legislative activity. \nThis law has already benefited many \npeople in Rhode Island, including indi-viduals, families, and businesses. Chil-dren up to age 26 are now able to re-main on their parents’ health insur-ance plan. In Rhode Island, this has benefited an estimated 9,000 young adults and their parents. Over 15,000 Rhode Island seniors have saved a total of $14 million on prescription drugs since the law was enacted, an average of close to $600 annually. Seniors will continue to save on their prescription drug costs until the existing coverage gap is closed and will continue to have access to free preventive care such as annual wellness visits and screenings. \nRhode Islanders can now expect re-\nbates if an insurance company spends too much on administrative costs and CEO bonuses instead of on their health care. \nFor too long, health insurance com-\npanies got away with increasing pre-miums and decreasing coverage, which resulted in higher costs and unfair practices. Beginning in 2014, Rhode Is-landers will be able to purchase health insurance on a new exchange, a single point of entry where they can evaluate the costs and coverage of health insur-ance options. They will, indeed, for the first time for many Rhode Islanders, have a real choice about the health care they receive and the insurance they purchase. According to Families USA, 97,000 Rhode Islanders will have access to tax credits to make their cov-erage more affordable. Thousands more childless adults will gain coverage through the Medicaid Program. \nNow that the Court has spoken, I \nhope we can work on a bipartisan basis to do what we must do, and that is to create jobs and improve our economy. This health care decision is a landmark decision, but the work now—the work of all of us—should be to reinvigorate \nour economy so that not only can peo-ple have confidence in their health \ncare, but they can have the further and indeed very primary confidence that they will have meaningful work. \nIn that respect, I am glad Congress is \npoised to take action that will enable millions of students and families across the country to breathe a sigh of relief about the student loans they need to borrow for the upcoming aca-demic year. Everyone, from every sec-tor of the country, will tell us that the key to our future is higher education, \nthat we cannot be competitive in a world economy unless we have the best educated students in this country, that we cannot be the powerful force we have been in the world unless we have education. \nThe key for so many jobs today is \ngoing on past high school into postsec-ondary education. Yet we are days away—unless we act—from doubling the loan interest rate we are charging our students. \nThere has been quite a bit of stalling \ntactics for months. I hope those tactics are over, as the July 1 deadline ap-proaches. I hope we are soon to take action to prevent the doubling of the subsidized Stafford loan interest rate. \nI would like to thank majority leader \nH\nARRY REIDfor his tireless efforts to \nnegotiate a bipartisan solution. I also wish to recognize and thank three other individuals who were absolutely critical in this effort, who were leaders, without equivocation, with deep con-viction; that is, Chairman T\nOMHARKIN \nof the HELP Committee, who led with vigor throughout this effort; Senator S\nHERROD BROWN of Ohio, who has been \ncommitted to this effort; and also our colleague in the House of Representa-tives, Congressman J\nOECOURTNEY of \nConnecticut. They have been extraor-dinary. \nLast January, Congressman C\nOURT -\nNEYand I introduced legislation to per-\nmanently extend the law that makes college loans more affordable for mil-lions of students across the country. \nPresident Obama called on Congress \nto address the student loan interest rate hike in his State of the Union Ad-dress. Back then, many Republicans scoffed at the idea. In fact, they voted for budgets that assumed the interest rate would double, and they did that without any apparent equivocation. \nBut thanks to students and families \nacross the country who raised their voices and made themselves heard, my colleagues got the message: Fixing the student loan interest rate matters. It matters a great deal. It matters to in-dividuals trying to build a better life for themselves. It matters to parents whose dream to give their kids a chance at a better life depends on being able to afford college. It matters to our shared economic future because the single most important investment we as a nation can make is to educate our young people. \nSo thanks to groups such as Campus \nProgress, USSA, U.S. PIRG, Young \nVerDate Mar 15 2010 01:20 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\\CR\\FM\\G28JN6.048 S28JNPT1smartinez on DSK7SPTVN1PROD with SENATE CONGRESSIONAL RECORD — SENATE S4710 June 28, 2012 \nInvincibles, and the Rebuild the Dream \ncoalition that pushed this issue to the forefront where it belongs. The letters, e-mails, calls, visits, bus tours, and campus rallies made a difference. \nWe should soon be voting, I hope, to \nkeep this student loan rate low for an-other year. However, it is important to remember this is only a temporary, short-term fix. Now we need to develop longer term solutions to the growing burden of student loan debt, the rising cost of college, and the need to improve higher education outcomes so students complete their degrees and get the full benefit of their investment in edu-cation. \nThese are tough issues, but we have \nto address them head on. Our economy and our future depends on addressing these issues. \nIt is estimated, for example, that \nmore than 60 percent of the jobs will require some postsecondary education by the year 2018. In 2010, only 38 per-cent of working-age adults held a 2- year or 4-year degree. We have very few years to go from 40 percent to 60 per-cent. That gap represents the challenge we have in being a competitive eco-nomic force in the world. Certainly, if we are ever going to close that gap, we have to make sure we do not double the interest rate on Stafford loans, as a first step. \nBut, as I suggest, there are many \nother steps we must take. We have to address the rising cost of college. The cost of attending college has increased by 559 percent since 1985—559 percent— rising far faster than costs for gasoline, health care, and other consumer items. \nKeeping student loans affordable and \ninterest rates low is one part of the so-lution. Providing more grant aid through Pell grants and other pro-grams is another. \nWe need to call on institutions to do \ntheir part to keep costs in check. Yes, the college community has to rally around this and has to think of innova-tive ways to provide excellent edu-cation at a lower cost, a more afford-able cost. States have to play a role too. When State support for higher education goes down, tuition goes up. The crises of so many States—real cri-ses, difficult crises—have forced them to reduce their support for higher edu-cation, and the result, as I suggest, has been tuitions climb, and that is an-other burden middle America and mid-dle-class, middle-income families are bearing. \nI look forward to working with my \ncolleagues on developing a comprehen-sive approach to addressing these issues. \nAlso, I would just like to say, I hope \nwe are on the verge—at least for the next year—of avoiding a doubling of in-terest rates on student loans. We have a long way to go to ensure that every American with talent and drive and the skills has the means to go to college. This is an important first step. There are many more we must take, and I hope we do that very quickly. I yield the floor and suggest the ab-\nsence of a quorum. \nThe PRESIDING OFFICER (Mr. \nF\nRANKEN ). The clerk will call the roll. \nThe assistant legislative clerk pro-\nceeded to call the roll. \nMr. REID. Mr. President, I ask unan-\nimous consent that the order for the quorum call be rescinded. \nThe PRESIDING OFFICER (Mr. \nF\nRANKEN ). Without objection, it is so \nordered. \nMr. REID. Mr. President, I want to \nspend a few minutes and bring every-body up to date. We have had wonder-ful cooperation in the last several weeks. We have gotten a lot done. Our passing the three bills that are left to do—student loans, flood insurance, and the highway bill—would be a signifi-cant accomplishment. We are going to do it; it is only a question of when. \nA lot of the committees and the \nchairs and ranking members worked late last night. I talked to CBO today. They didn’t get the information that they started scoring until 4 a.m. They are moving forward and doing their best. As with all agreements, things come up, and at this point everything appears to be just right. The commit-tees of jurisdiction have indicated they have worked through all these matters. They have completed the drafting of a revised version of the conference re-port. We expect this to be filed momen-tarily—it could have already been filed. \nBut what we have done many times \nis we have voted on what the House has filed before they passed it. We have done that many times. It is standard procedure. Right now we don’t have the consent from all Senators to do that, but that could be forthcoming. I will report back to the Senate within the next hour, after I find out whether we can finish this work tonight or whether we have to come back tomorrow. \nEveryone stay tuned. At this point, I \ncan’t express enough appreciation to everyone—Democrats and Republicans in the House and Senate. As I laid out to my chairmen at the lunch I had yes-terday, this has been truly an example of what legislation is all about—com-promise. Compromise really sounds good. Legislation is the art of com-promise—until you are faced, as a Sen-ator, with something you may not get because of the overall good of the bill. Sometimes we have to understand that we have to give things up for the bet-terment of this country. We cannot let the perfect be the enemy of the good. So everyone understands that to this point. \nAs I have indicated, we will know \nwithin the next hour, and I will report back as to whether we can finish to-night or come back tomorrow. \nThe PRESIDING OFFICER. The Sen-\nator from Illinois. \nSURFACE TRANSPORTATION \nMr. DURBIN. Mr. President, I thank \nthe majority leader and especially Sen-ators B\nOXER and I NHOFE , as well as \ntheir counterparts on the Commerce Committee and the Banking Com-\nmittee, who have put so much time into this bill, so much effort. We are trying now to get this important and complex bill right and then to secure the support of both sides of the aisle to move it forward. A lot of work has been going into it. Everybody is working hard to try to accomplish what the ma-jority leader has spelled out. I am sure he will tell us if there are any develop-ments. \nPOLITICAL PRISONERS \nMr. DURBIN. Mr. President, off and \non and for some time I have come to the floor to speak about an issue that doesn’t receive a lot of attention, which is political prisoners in foreign lands—journalists in Cameroon, an AIDS activist in Uzbekistan, and a lot of others. I am pleased that over the years, working with many of my col-leagues, we have been able to see many of these innocent political victims re-leased. Former Senator Brownback, as well as Senators C\nARDIN , CASEY , Ken-\nnedy, L IEBERMAN , and R UBIO have all \nbeen part of a joint effort to deal with these political prisoners. \nSadly, there is no shortage of polit-\nical prisoners in this world. They lan-guish in horrible prisons in places such as Iran and North Korea. Today I want to focus on a number of them, and I will preface my remarks by apologizing ahead of time for my pronunciation of these names. Some of these are ex-tremely difficult to pronounce for those of us in the States, particularly from the Midwest. \nI suppose one might start typically \nwith the most outrageous case, but, tragically, all of the cases I speak to fit that definition. Let me start with the heartbreaking case from 6 years ago— that of Gambian journalist Ebrima Manneh. \nManneh was a reporter for the Daily \nObserver newspaper. He was allegedly detained by plainclothes Gambian se-curity officials. He was held incommu-nicado for years, although he was seen during the initial years of his deten-tion by witnesses in at least one deten-tion facility and one hospital. No one has seen him for years. It is possible he died in custody. But imagine the pain and uncertainty of his family, who have no help and no answers. \nThe Economic Community of West \nAfrican States Court of Justice, which has jurisdiction over Gambia, and the United Nations Working Group on Ar-bitrary Detention both ruled against the Gambian Government on the case and called for his release. After years of waiting, the Gambian Government recently requested United Nations help to investigate Manneh’s case and the death of one other journalist. \nThis was a welcome move by the \nGambian Government, and I hope ongo-ing discussions with the United Na-tions will expedite the investigation and bring some resolution to the case and answers for Manneh’s family. \nSome years ago, there was a change \nin leadership in Turkmenistan, one \nVerDate Mar 15 2010 02:17 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\\CR\\FM\\G28JN6.050 S28JNPT1smartinez on DSK7SPTVN1PROD with SENATE CONGRESSIONAL RECORD — SENATE S4711 June 28, 2012 \nthat many hoped would open that \ncountry’s closed and repressive polit-ical system. Unfortunately, President Berdimuhamedov has yet to meet those modest expectations. One would think in a country where the President wins an election with a 97-percent vote, and where there is an annual week of hap-piness, that Turkmen leadership could be more gracious to its political oppo-nents. Unfortunately, the following ex-amples demonstrate just the opposite. \nGulgeldy Annaniyazov is a long-time \npolitical dissident who left Turkmeni-stan in 2000 to settle in Norway as a po-litical refugee. He reportedly returned to Turkmenistan in June 2008 to visit his family and was arrested. After a closed trial on October 7, he was sen-tenced to 11 years in prison. \nAnnakurban Amanklychev and \nSapardurdy Khadzhiev are members of the human rights organization Turk-menistan Helsinki Foundation. They were convicted in August 2006 after trials of only 2 hours and sentenced to 6 and 7 years in jail on charges that were never very clear. \nUnfortunately, we don’t have a pho-\ntograph of Mr. Khadzhiev. Turkmeni-stan Government officials have been quoted as asserting these individuals were arrested and convicted for ‘‘gath-ering slanderous information to spread public discontent.’’ \nThe legal bases for their detention \nare suspect at best and raise serious concerns of political intimidation, questionable charges, closed trials, and inappropriately punitive punishment. \nIn May 2010, more than 20 Senators— \nand that is not an easy feat in the Sen-ate—signed a letter to Secretary of State Clinton urging the administra-tion to raise these cases with the Turk-menistan leadership. I know the State Department did in fact take those steps, and I thank them, but I hope they will continue. \nIn November 2010, the United Nations \nWorking Group on Arbitrary Detention released its opinion that the arrest and continued detention of the Turkmeni-stan Helsinki Foundation members is arbitrary and in violation of the Uni-versal Declaration of Human Rights and the International Covenant on Civil and Political Rights. That United Nations group called on the Turkmen Government to immediately release them. \nSadly, they continued to languish \nunder harsh sentences that include hard labor, torture, and forced psycho-tropic drug injections. \nTo the leaders of Turkmenistan, I \nsay, if you want to change the image of your nation in the world, you must re-lease these and other political pris-oners. \nSome who follow this may wonder \nwhat difference it makes if I make a speech on the floor of the Senate about someone languishing in a prison in Turkmenistan. All I can tell you is that after years of doing this, it does make a difference. It turns out, people listen. And when they listen, some-times they react, and often in a posi-\ntive way. These people languishing in prisons do not believe anybody in the outside world knows they are alive. Groups are trying to make sure others are aware of that fact, and that is why I come to the floor, as many of my col-leagues do. \nIt is hard to believe in Europe there \nis still one regime like that of Alex-ander Lukashenko. He is often known as the last dictator of Europe. I have been to Belarus twice, once with the Helsinki Commission group, led by Senator C\nARDIN of Maryland, where we \nactually met this President Lukashenko; and most recently I went there after the highly suspect 2010 elec-tions held in December. What was egre-gious about this election was that President Lukashenko, on the night of the election, beat up and arrested all the candidates who had the nerve to run against him, as well as hundreds of Belarusian citizens who showed up in central Minsk to protest his actions. \nLukashenko’s barbaric behavior, and \nthat of his KGB henchmen—and, yes, Belarus still has something called a KGB security service—earned him sweeping condemnation from Europe and the United States, further iso-lating his nation and hurting his own people. \nSadly, today, a year and a half after \nthis outrage, Lukashenko is still hold-ing the man in this photograph. This Presidential candidate—Mikalai Statkevich—was sentenced to 6 years in a medium security prison for having the nerve to run against Lukashenko. At least 6, and as many as 13, other protestors from the election still sit in jail. \nThis is outrageous in Europe today or \nanywhere on the planet, for that mat-ter. It is time for President Luka-shenko to let this man and these peo-ple go. \nNext I turn to Vietnam. Although \nour bilateral relationship continues to improve with Vietnam, we cannot ig-nore the troubling disregard for free-dom of speech in that country. It is il-lustrated by the unfounded detention of the popular blogger Nguyen Van Hai, better known as Dieu Cay. \nLet me show this photograph of him. \nHe is the head of the Free Vietnamese Journalists’ Club, and as such Cay has been detained almost continuously by Vietnamese authorities since 2008, when he was convicted and tried for trumped-up tax evasion charges. \nIn 2009, the U.N. Working Group on \nArbitrary Detention highlighted Cay’s case, as well as the ‘‘illegal arrests’’ and continued persecution of a number of other Internet bloggers. \nIn October 2010, on the day Cay was \ndue to be released, having fulfilled his sentence, he was transferred to a new jail and re-arrested for violating a se-curity provision that prohibits propa-gandizing against the government. The propaganda in question—3-year-old blog postings. The subject of his propa-ganda—freedom of speech, and other issues considered by the government to \nbe too sensitive, such as labor strikes and the trials of two human rights law-yers. \nCay’s arrest is part of a well-docu-\nmented trend in Vietnam in which na-tional security concerns have been cited as a pretext for arrests and crimi-nal investigations. \nThe State Department’s Human \nRights report notes the Vietnamese Government is increasing suppression of dissent, increasing measures to limit freedom of the press, speech, assembly and association, and increasing restric-tions on Internet freedom. The trend is clear, and it is very concerning. \nSecretary Clinton noted in a speech \nlast year on Internet Rights and Wrongs, ‘‘In Vietnam, bloggers who criticize the government are arrested and abused.’’ \nIt is long overdue that Vietnamese \nleaders release Cay and stop harassing journalists and bloggers. \nLastly, on Saudi Arabia, our ally on \nmany important issues, but also a friend with whom we have vast dif-ferences when it comes to basic free-doms and women’s rights. Let me tell a recent story that is truly hard to be-lieve. \nSince early 2012, the Saudi Govern-\nment has imprisoned 23-year-old blogger Hamza Kashgari. His crime? He tweeted an imaginary conversation with the Prophet Muhammad. That ac-tion sparked a spate of death threats, causing him to remove the tweet and flee to New Zealand in fear of his life. While stopping in Malaysia for a plane transfer, Malaysian authorities de-tained him until their Saudi counter-parts swooped in and returned him to Saudi Arabia under arrest. \nBack in the kingdom—facing accusa-\ntions of blasphemy and calls for his execution by top clerics—he repented before the Saudi court and showed great remorse, asking for forgiveness. That was 4 months ago, yet he remains imprisoned, awaiting his fate, with no sense when a decision will be made. \nI can imagine his actions sparking a \ndebate in Saudi Arabia, but leading to calls for a death sentence for blas-phemy? In today’s world, that is hard to believe. \nSaudi Arabia has initiated steps to-\nward social, educational, judicial, and economic reform, and we encourage them to do more. Immediately freeing Mr. Kashgari would be an important move. This man has suffered enough and deserves his freedom now. \nThese are just a sample of the many \npolitical prisoners who still suffer in parts of the world. I want them and their families and the governments that unjustly imprison them to know they are not forgotten. I and my col-leagues here in the Senate will con-tinue to do our best to draw attention to their plight, work for their release, and stand up for the cause of human rights in the United States and around the world. \nVerDate Mar 15 2010 02:17 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\\CR\\FM\\G28JN6.052 S28JNPT1smartinez on DSK7SPTVN1PROD with SENATE CONGRESSIONAL RECORD — SENATE S4712 June 28, 2012 \nMr. President, I yield the floor, and I \nsuggest the absence of a quorum. \nThe PRESIDING OFFICER. The \nclerk will call the roll. \nThe assistant legislative clerk pro-\nceeded to call the roll. \nMrs. BOXER. Mr. President, I ask \nunanimous consent that the order for the quorum call be rescinded. \nThe PRESIDING OFFICER (Mr. \nB\nEGICH ). Without objection, it is so or-\ndered. \nSURFACE TRANSPORTATION \nMrs. BOXER. Mr. President, we are \nanxiously awaiting work on the Trans-portation bill that came out of the En-vironment and Public Works Com-mittee, of which I am proud to be the chairman. \nLast year we wrote a bill called \nMAP–21. That stands for Moving Ahead for Progress in the 21st Century. I was proud to see this bill become a bipar-tisan bill, with Senator I\nNHOFE work-\ning with me and his staff and my staff working together as one. When we got it out of the committee, I think it was a unanimous, or close to unanimous, vote. \nI know when our young people learn \nhow a bill becomes a law it sounds a little easier than it really is. I often think, in my spare time I should write a little pamphlet on how a bill really becomes a law because I would say to the young people who are here today, as well as those who might be listen-ing, it is a little trickier than it sounds because when we learn about how a bill becomes a law in school, it is very sim-ply put. \nThe bill starts in a committee in the \nHouse or Senate, and it moves to the floor of that body. Then it starts in a committee in the other body, it moves to the floor of that body. It passes both Chambers. If it is identical, it goes to the President. If there are differences, there is a conference committee, and then it goes to the President. The President either signs it or vetoes it. If he signs it, it is a done deal. If he ve-toes it, we need to have a whole lot of votes—two-thirds—to override. \nSo that is how it is taught in schools, \nand it is absolutely true. But getting it to the point where we are now, where we await a conference report, is some-times a very long and winding path. This one was a long and winding path. I think we are where we are, at the point where we hope to vote soon on it, because people were willing to meet each other halfway. \nI have been saying for a long time, \nwe all stand in our respective corners and insist that it is our way or the highway and nothing ever gets done. We must come together, and the Sen-ate proved it can come together around our version of the highway bill. It passed by 74 votes. We were hopeful the House would just take it up and pass it. It didn’t happen that way. They wrote a less comprehensive bill; they sent it over; and then we went into a con-ference committee. There was a lot of difficulty because there were issues that were simply not seen in the same \nlight between the House and Senate. \nI would have to say, through all of \nthis Senator I\nNHOFE and I, Republicans \nand Democrats, on the EPW Com-mittee were united. But we didn’t have that unifying factor with the House Republicans. I want to thank every member of the conference committee, Democratic and Republican, House and Senate, because everyone worked ex-tremely hard. They worked hard. They were knowledgeable. Their staffs worked hard. They asked a lot of ques-tions. They cared a tremendous amount about the policies. \nThe great news about the bill that is \ncoming out of the conference com-mittee is that it is a jobs bill, first and foremost. It is going to save about 1.9 million—almost 2 million—jobs that are currently held in the private sec-tor, and it will create up to 1 million new jobs through an expanded TIFIA program. TIFIA is a program that fronts the funds for local government to have a revenue stream, and the le-verage on that is about 30 to 1. So if you have an amount of approximately $1 billion, you will be able to get $30 billion of economic activity. So that is a good part that we can all be proud of. That is a fact. \nThe bill will be coming soon, we \nhope. It is not here yet, and it is not done yet, but it is close. What we hope we will have before us is a bill that cre-ates close to 2 million—I am so tired. I have to say, I haven’t gotten much sleep in the past 3 days because we have been working nonstop. \nI will say it again. We protect almost \n2 million jobs that are currently held in the private sector, and we will cre-ate up to 1 million; hence, the 3 million jobs that are relying on this bill. \nWe have thousands of businesses that \ncare a lot about what we do. These are general contractors, these are equip-ment dealers, these are people in the concrete industry. I can tell you these organizations of business and labor have been behind us every inch of the way. When I was giving up hope be-cause I didn’t think we could move for-ward, they were there to say: Keep on going. And they weighed in. I think the work product reflects the fact that we would never, ever give up. \nThere is a lot of talk about, What did \nDemocrats give up? What did Repub-licans give up? Let’s just say this is a negotiation between Republicans and Democrats, a negotiation between the House and Senate, and not everybody got what he or she wanted. That is for sure. \nBut I just want to say to people who \nmight be listening that in a negotia-tion nobody gets everything they want. You have to meet each other halfway, and that is what happened in this nego-tiation. \nWe both wanted to see this as a re-\nform bill. The Senate brought a pack-age together that took the 90 programs down to 30, and that pretty much sur-vived the conference committee. We also did some more reforms, certainly, \non project delivery because all sides agree it is taking too long to get some of these public works projects done. It is taking sometimes 15 years, 14 years, 13 years to do a road start to finish or to do a bridge. We need to make sure we can move faster because our econ-omy needs that, but still, in my view, protect the rights of citizens through-out this country to ensure their com-munities are taken care of, that there is no damage to their communities, that the air quality is protected, the water quality is protected. \nWe were able to keep those environ-\nmental laws while we were tough on deadlines and milestones and very tough to say: This is it. If you can’t finish in this time, and we are trying to get this for 15 years to 8 years per project—if you don’t do that, you have to explain why. There has to be a real-ly good reason why these projects would be delayed. \nI believe the funding in the bill is \nfair. Every single State is protected. This is a 2-year-3-month bill. Every State will get the amount of money they got last year, plus inflation. That is very important. It is the current level of funding with the inflation put in, and every State can now know, if and when this bill passes, that they can count on that funding for 2 years and 3 months. Everything is paid for. \nThere are a lot of comments about, \nwhat did we do about pedestrian walk-ways and bike paths. I want to be clear. That was an intense subject of negotiations. There were those who wanted no funds set aside for bike paths, pedestrian paths, and it was very clear—safe streets, safe roads to school, et cetera—we had to negotiate on this. \nHonestly, I think what has come out \nis a good thing, and let me explain why. We kept the same amount of funding, same set-aside percentage for these transportation alternatives, but what we said was, for the first time, half of those funds will go directly to locals, will go to the metropolitan planning organizations, will go to the large cities. That is key because we want the local people, who know their area best, making these decisions. We protected those funds. The only way anyone in the State can use those funds is if there is a nationally de-clared disaster and there are some un-obligated funds around—yes, that could be borrowed but must be paid back from any supplemental appropriation. \nOn the State portion, which is the \nother 50 percent, we built in more flexi-bility, and there are a lot of people who are calling this a cut. It is not a cut. Some States will use it all. I say to the people in the States who are worried about it, use your pressure, use your power, use your grassroots strength to make sure you lobby your State legis-latures and your Governors to provide for safe streets to schools, for bike paths, for pedestrian walkways. These are very important safety issues. \nVerDate Mar 15 2010 01:20 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\\CR\\FM\\G28JN6.053 S28JNPT1smartinez on DSK7SPTVN1PROD with SENATE CONGRESSIONAL RECORD — SENATE S4713 June 28, 2012 \nI know not everyone is happy, but I \nwanted to be clear on that. If the choice is between doing away with that wonderful program, which I think is wonderful, or making a few concessions on flexibility, I think we did the right thing. I honestly do. \nThis bill is all paid for. I have to \nthank so much Senator M\nAXBAUCUS \nand his team, the Republican members of the Finance Committee, and also the team in the House headed by Mr. C\nAMP \nbecause they came up with a pay-for that people on all sides can live with. It gives us that security for 2 years and 3 months. \nWe don’t have any riders on this bill. \nI know some people very much wanted it. We don’t have them. It became part of the give-and-take at the end of the day. \nTwo provisions that I lament are not \non there are the oceans trust fund, which is part of the RESTORE Act, and the Land and Water Conservation Fund that was also part of the RESTORE Act. I lament that those provisions are gone. I commit myself to working with Senator W\nHITEHOUSE on the oceans \ntrust fund and Senator B AUCUS on the \nLand and Water Conservation Fund to get that done. But I have to be com-pletely, totally frank with the Senate; we just could not get it done. There was nothing we could offer or give that would allow us to move forward with those two very critical environmental programs. \nI tell you, our oceans deserve atten-\ntion and our land deserves attention. These issues are certainly not going away. Having said that, the rest of the RESTORE Act is in this bill. That means those folks in the Gulf States who were so harmed by this horrible BP spill will be able to use some of those fines as they come in to restore— that is why we called it the RESTORE Act—restore their environments, re-store their fisheries, restore the dam-age that was done by that horrific BP spill. We don’t know how much money will come from those fines. We will watch it very carefully. But we know that when they do come—if this bill passes, and I am very hopeful it will— our Gulf States will have the help they need. \nI want to say to the people, particu-\nlarly in Louisiana, whom I visited many times, your Senators work very hard. I would say M\nARYLANDRIEU took \nthe lead on this. Senator V ITTER was \non the conference. I want to say that M\nARY LANDRIEU —you know her well— \nis unrelenting, and she was very clear with us. \nI want to say to my friend in the \nchair, from Alaska, how helpful he was to us, pointing out some of the great unmet needs he is dealing with in his State, a beautiful State, a very inter-esting State that has unique needs. I want him to know how much I appre-ciated his working with us, giving us the facts as we needed them. I also thank Senator M\nURKOWSKI , but I par-\nticularly want to say to Senator BEGICH , thank you. You happen to be in \nthe chair, and I believe you were men-tally effective for your State. Really, you made the case for fairness. I hope you are comfortable with how this bill turned out. \nI have never met a team of more \ndedicated staff—never. Again, they are not resting because we are not done. Until we are done, they are not resting. But we are talking seriously about this staff getting 3 or 4 hours of sleep over the last 2 or 3 days. The issues were still coming at us in ways we could not believe at noon today. Last night we had to work out some issues. \nIt has been, in many ways, a very dif-\nficult negotiation but certainly, if and when this bill comes before us and it is passed, a very satisfying one. \nI have to mention Bettina Poirier, \nwho is my chief of staff and chief coun-sel. I have never seen anyone more pro-fessional, more energetic, more persua-sive. I have to thank her counterparts: David, Grant, Andrew, Jason, Tyler, Mary, Kate, and Paul, all of whom were just amazing. If I left anyone out, for-give me; I will correct it in the R\nECORD \nif I did. \nI have to say to the staff of Senator \nINHOFE that you were amazing—part of \nthe team. You worked together. If we had disagreements, we talked them out, but for the most part we were on the same page. So Ruth and James, you know who you are. You also have had a very rough few days, working very hard on this. \nCongressman M\nICA’s staff also \nworked very hard, and they are very tough negotiators, but we were able to talk out our differences. It was not al-ways pleasant to deal with it because people see things in different ways, but we got it done. \nWe are not out of the woods yet in \nthe sense that we do not have the bill before us. We are awaiting a decision made by the leaders as to when we will have this vote. But I would like to say that I believe, as I stand tonight, that really the work of the conference is completed, and that is very rewarding. \nThe last thing I want to say is a huge \nthank you to the outside groups that have stood by my side this entire time. I tell you, I have had conference calls with them for months and months, sometimes four times a week, some-times three times a week, sometimes six times a week, seriously, sometimes on Saturday, Fridays, Mondays—when-ever we needed to touch base. This is an amazing coalition of people—work-ers from organized labor, people from the construction trades. The chamber of commerce and AFL/CIO worked to-gether. That is a rarity, you know, in today’s very difficult atmosphere where everyone is arguing over every-thing—the granite people, the cement people. \nI want to say something to a gen-\ntleman—I will not identify his name— who brought a couple of cement trucks. We had a rally. I think Senator B\nEGICH \nwas there. After the rally, we were say-ing: Pass the bill, get the bill done. I \ntalked to this gentleman. He identified himself as a conservative Republican who is so much for this bill. One of the most touching things that happened was that he introduced me to two of his drivers who came over to meet me. As I stood there with these two gentle-men and the owner of the business, I realized how much they were counting on us. \nWhat we do here matters. What we do \nhere should matter. What we do here is literally life and death for the con-struction industry, for the business end and for the workers. \nWe know—our President and all of \nus—we all know this economic recov-ery is too slow. One of the things that is weighing us down is the construction industry. One of the things that is weighing it down is the transportation sector. We know that if we do not do our job and we pass another extension here, that is a signal that the construc-tion industry is going to suffer and suf-fer mightily. We cannot have that. We are on the brink of getting this done. \nI know I have left out a lot of people \nI want to thank. I do not have really a written speech here in front of me. I will go back and I will correct the record if I left anyone out. But we are close to getting this done. Whether it is in the next few hours or more than a few hours, I believe we will get it done. All the people who brought us to this day—I should mention Senator R\nEID, \nour majority leader, who never gave up even though I was—at one point, I am sure he was ducking me as I walked around because I would always say: Let’s keep going, Mr. Leader. And he did. He kept on going. \nWhen we went over to meet with \nSpeaker B\nOEHNER was a very important \nmoment, with Chairman M ICA. It was \nimportant. I think it helped us at that point to realize that everyone did want to have a bill. \nI have to say that the Democrats in \nthe House—I am sure it has been very difficult for them because they had so many priorities as well. But they were very clear, day after day, pushing hard for a bill, until finally everybody came together and passed some messages to the conferees that said: Get the job done. And everybody came together on that one—get the job done. \nFor me personally, this has been a \nvery important day. This is a day when I think we are very close to getting a transportation bill done. \nIt is also a day that President Obama \nwill forever remember, where the cen-terpiece of his work was upheld as con-stitutional by the Supreme Court. We all know we cannot go back to the days when people with preexisting condi-tions suffered and could not get insur-ance. We just cannot go back to the days when being a woman was consid-ered a preexisting condition. It was im-possible for her to get insurance. We cannot go back to the days when kids were thrown off their parents’ health insurance at 18. We can’t go back to \nVerDate Mar 15 2010 01:20 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\\CR\\FM\\G28JN6.055 S28JNPT1smartinez on DSK7SPTVN1PROD with SENATE CONGRESSIONAL RECORD — SENATE S4714 June 28, 2012 \nthe days that seniors were going broke, \nhaving to choose between a drug that was lifesaving or having dinner that night. \nIn my State, 6 million Californians \nare getting preventive services. They are getting mammograms, cancer screenings, and everything they need now because of this health care bill. There are 300,000-plus senior citizens who are getting help paying for their prescription drugs and 300,000 more stu-dents who are now on their parents’ in-surance. \nWe are going to hear a lot of outrage \nabout how this was bad for America. Let me just say that I thought today was a critical day for America. No piece of legislation is perfect. We will have to fix this, that, or the other in everything we do whether it is in a transportation bill or health care bill, but I think we need to move forward. We need to not go backward. We need to make sure that health care in Amer-ica doesn’t become such an expensive burden for all of our people because it just drags down our families and it doesn’t enable them to do for their kids and for their moms and dads. \nSo I think today was quite a day for \nthe history books, and I look forward to working across the aisle in every-thing we do here, whether it is trans-portation or health care or anything else, to make life better for people, not to make it worse. I think if we all do that and if we listen to each other, we can get things done. \nI thank the Chair. \nI notice there is no one on the floor \nat this time, so I would note the ab-sence of a quorum. \nThe PRESIDING OFFICER. The \nclerk will call the roll. \nThe legislative clerk proceeded to \ncall the roll. \nMr. SESSIONS. Mr. President, I ask \nunanimous consent that the order for the quorum call be rescinded. \nThe PRESIDING OFFICER. Without \nobjection, it is so ordered. \nHEALTH CARE DECISION \nMr. SESSIONS. Mr. President, I want \nto share a few thoughts about the Su-preme Court’s ruling today and the sta-tus of the health care bill. \nI believe the health care bill cannot \nbe justified as written and will have to be changed. It will have to be repealed, and we have to start over. It is just that simple. \nAs ranking member of the Budget \nCommittee, I began to look at the numbers we have had. Our team is going to redouble their effort in the weeks to come so we can know pre-cisely how much this legislation will cost. As that becomes more and more understood by the American people, it will be clear that we do not have the money to pass the bill. \nI know a lot of people are confident \nthat it will undermine the right of an individual American to see the doctor of their choice, despite the President’s protestations. Even I believe today that people will not be able to continue to keep their insurance—at least not \nall people will be able to—and there will be other different problems. There is a real concern that under the legisla-tion the quality of health care will go down. I believe that is accurate for a lot of reasons, and people like Dr. B\nAR-\nRASSO and Dr. C OBURN have explained \nthat in great detail. \nAs a member of the Budget Com-\nmittee, I want to share some thoughts about the financing of the legislation to raise the issue of why we cannot go forward with it. \nThe President promised the Amer-\nican people before a joint session of Congress, right down the hall in the House Chamber: ‘‘Now, add it all up, and the plan that I’m proposing will cost around $900 billion over 10 years.’’ Now, $900 billion is a lot of money, there is no doubt about that. He said that is how much it would cost over a 10-year period. As we have all learned, that was a gimmicked-up number. It was fundamentally gimmicked up as a result of the fact that the cost of the bill where it begins to pay out money and will have real cost and the imple-mentation of the bill was delayed 4 years. So you take a 10-year window, and the bill is going to be out there for 6 of those 10 years, and you announce it is only going cost $900 billion. \nThat is not the right question, is it. \nThe right question for the American people to actually understand the im-pact of the legislation would be to ask how much it would cost over the first 10 years of full implementation. That is what you should be asking. We all know that the numbers have come in on that. Under the CBO estimate strictly adhering only to the insurance portion of the bill, I believe they came in as saying not $900 billion but $1,400 billion would be the cost over the first 10 years, but the true cost of the health care bill is yet higher still. A complete and honest assessment of the cost of the President’s health care bill would include a full 10 years of spending starting in 2014. Adding up CBO’s esti-mates for the different provisions in the bill, the President’s health care bill will amount to at least $2,600 billion— $2.6 trillion, not $900 billion. It is al-most three times the estimated costs over the true 10-year period. Now, that is how we go broke in this country. That is how this country is going broke. We go through a whole debate, and the President insisted that is how much the bill was going to cost. \nWhen the Democrats had a filibuster- \nproof majority in the Senate, they had 60 Democratic Senators, and they in-sisted it was going to pay for itself. They said there was more revenue than needed to pay for the cost of the bill, so don’t worry about it, be happy. On Christmas Eve, without amendments and after much secret debate and a bill plopped on the floor, the bill was voted up or down, 60 votes to 40. Every single Democrat voted for it, and every single Republican voted against it. I just have to say that the first 10 \nyears of the bill is going to cost three times what was estimated. \nIn addition to delaying the major \nspending provisions during the original window of the legislation, here are some of the other accounting gim-micks, tricks, and maneuvers that the drafters used to manipulate the score the Congressional Budget Office gave to the bill, to manipulate how much they would say the bill cost and to hide its impact. \nWell, one of the most significant \nthings is a double-counted $400 billion. Can you imagine that? The U.S. Gov-ernment, according to the score manip-ulation and the way it was done by the CBO, utilizing complex rules of the CBO to its advantage, the way it was analyzed, they double-counted $400 bil-lion. So they cut Medicare expenses, they raised Medicare taxes, but they took the money and used it to fund the new bill and said they made Medicare more solvent. In some ways, we could argue they did make Medicare insol-vent because the money that was spent on the health care bill was borrowed from Medicare. They are debt instru-ments for Medicare. \nSo my analysis of the legislation is \nthat Medicare got a benefit, but there was no money for the health care bill. Yet they counted it as being $400 bil-lion free to be spent without adding to the debt of the United States, but it does add to the debt. Medicare is going broke. Medicare is going to call the debt from the United States. It in-creases the debt of the United States $400 billion. It was counted both places—as income from Medicare and income available to be spent on the health care provision. That is a stun-ning development. \nI got a letter from the head of the \nCBO the night before we voted, Decem-ber 23, and he said, in effect—not in ef-fect, I think this is a direct quote: It is double-counting the money, although the conventions of accounting might indicate otherwise. \nHe told us in a letter before we voted \nthat it was double-counting the money, but under the unified budget process rule that was utilized here, it didn’t score. \nIn addition, they counted $70 billion \nof extra income that would come from the CLASS Act, which was designed for young people. The net result of that was that in the first decade or so of the CLASS Act’s implementation, healthy young people wouldn’t make many claims and there would be a surplus of $70 billion. But over 20, 30, 40 years, the CLASS Act goes into serious decline. Its actuarially unsound. It was referred to as a Ponzi scheme by the Demo-cratic budget chairman, Senator C\nON-\nRAD. Finally, the Secretary of HHS \ncould not certify it as a sound pro-gram, so $70 billion has been wiped off that as income available to be spent. \nThey included—unrelated to this \nbill—student loan savings of $19 billion. \nVerDate Mar 15 2010 01:20 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\\CR\\FM\\G28JN6.056 S28JNPT1smartinez on DSK7SPTVN1PROD with SENATE CONGRESSIONAL RECORD — SENATE S4715 June 28, 2012 \nThey relied on off-budget Social Secu-\nrity revenue for $29 billion, not scored toward the cost of the bill. \nThey ignored the cost of imple-\nmenting the law. Imagine that. I mean, you have a bill. How much is it going to cost? It is going to cost $900 billion. Well, do you not score the cost of it? What about all these IRS agents? There will be 1,000-plus to 2,000 IRS agents who have to be hired and paid for, which is $115 billion not counted in the cost of the bill. Is this why we are going broke in this country? We score a bill, say it only costs $900 billion, and we have $115 billion of administrative costs not even counted. \nThen there was no permanent solu-\ntion to the doctor reimbursement fig-ure. To pay the doctors at the rate they needed to be paid—and I agree they need to be paid at this rate— would cost $208 billion over the current level of expected spending. If we don’t have this doc fix, as we call it, doctors would receive a 20-plus percent cut in pay for doing Medicare work imme-diately. They are already paid less for Medicare work than they are paid for private insurance. Doctors would quit doing Medicare work if they took a 20- or 25-percent reduction in fee pay-ments. That is $200 billion. That was one of the main reasons we were sup-posed to have comprehensive health care reform, to deal permanently with this doctor fix that was being fixed every year, but not permanently. The bill didn’t do it. The bill never fixed it, therefore leaving a $208 billion hole in the plan that we have to find money for, and it is an essential part of all of that. \nSo I would just say to my colleagues \nthat this cost is unsustainable. It will put us on a debt course we cannot con-tinue to be on. We are going to con-tinue to look at the numbers, and I am going to ask people, if they desire, to come to the Senate floor and show me if I am wrong. Let me see where I am wrong. But I don’t think they can show that we are wrong because I and my staff are working as hard as we can to make sure what we say about the cost of this bill is accurate and fair. \nWhat does this do to the long-term \ndebt of our country? That is a matter of great importance. One of the things our government does now is analyze the unfunded obligations of the U.S. Government. When we pass a law that says when everybody reaches a certain age, they get to draw a Social Security check of so much money, and it in-creases on a percentage basis each year, that is an obligation of the United States. That is an entitlement program, we call it. People are entitled to that whether the government has any money to pay it. \nSo the health care bill is an entitle-\nment. It has a guaranteed right for an individual American to receive certain subsidized health care benefits under this plan, and it is a permanent pro-gram, but it doesn’t have a permanent source of income dedicated to paying for it in any significant fashion. So it \ncreates what the Congressional Budget Office refers to as an unfunded liabil-ity, unfunded obligations. To show Americans and Congress the true state of our long-term financial health, they do it over 75 years. It is not a perfect estimate, but it is a pretty good esti-mate of whether the programs are ac-tuarially sound and what they will do to the debt of America over 75 years. \nUnder the numbers we have seen \nfrom the CBO and the work of our com-mittee, it is pretty clear the health care bill that was passed by this Con-gress will add $17 trillion to the un-funded liabilities of the United States of America—$17 trillion—not a little amount of money, a huge amount of money. To give perspective on how large it is, the Social Security un-funded liability over 75 years is only— only—$7 trillion. This is 2\n1⁄2times as \nlarge an unfunded liability addition to our government as Social Security, and we are wondering how we are going to save Social Security. It is more than half of the unfunded liabilities of Medi-care or half of the unfunded liabilities of Medicare over 75 years. \nAt a time when we have a serious \ndemonstrated requirement that we re-duce the unfunded liabilities of Medi-care and Medicaid and Social Security, this bill would add $17 trillion to it. This is why every expert has told us this Nation is on an unsustainable course. \nThe total unfunded liabilities before \nthe passage of the health care bill were $65 trillion over 75 years. That trend, experts tell us, is unsustainable and threatens the future of our children and grandchildren. After the bill passes, it is $82 trillion. We don’t have the money to do health care reform in this way, with 2,700 pages and $17 tril-lion in additional cost to the Treasury. We don’t need to affirm and repass leg-islation that was said to cost $900 bil-lion in the first 10 years. In truth, in the first 10 years of its obligation—be-ginning the year after next—for the first 10 years it will cost almost three times that much—$2,600 billion. So it is a matter of great concern to me. \nAs to the Court decision today, I am \ngoing to look at the Court decision and evaluate it. But I think it is additional proof that this health care legislation, from the beginning and in its en-tirety—a 2,700-page Rube Goldberg con-traption—will never work. It is further proof of that. \nEven the fundamental justification \nfor the legislation that it was not a tax but a mandate has been rejected by the Court. The law was only upheld by say-ing it is not a mandate. In effect, it is a tax that the sponsors of the bill di-rectly said it was not. Indeed, the President said it was not a tax himself, directly. So certainly this opinion that allowed the legislation to stand, by the narrow margin of 5 to 4, in no way is an affirmation of the wisdom of the bill but is in fact demonstration that the people who cobbled it together and who rammed it through without full floor \ndebate and amendments, that that scheme was flawed from the beginning and it will not work. \nIndeed, there are 1,700 references in \nthat legislation to regulations to be issued by the Secretary of HHS. In other words, once the bill is passed, we will turn over huge sections of it to un-known bureaucrats who will issue regu-lations to administer this monstrosity. It is just not a practical and decent way to do business. \nSo I believed the bill clearly violated \nthe interstate commerce power granted to the Federal Government. The Fed-eral Government can only act and pass legislation if it has been specifically authorized by the Constitution. One of the authorized powers was to regulate interstate commerce. But if a person is sitting on the creek bank in Alabama, not buying insurance, not partici-pating, can he be made to buy a prod-uct in interstate commerce when he is explicitly not participating in that? I didn’t believe it could be done, and the Court agreed. The Court rejected the Obama administration’s argument that it did. \nThey said the Federal Government \nhas no power to compel a person to participate in a commercial market when a person doesn’t participate. If a person participates, maybe they can regulate it. But if a person doesn’t par-ticipate, they can’t tell a person to participate because this is a govern-ment of limited power. \nIt was a historic and important rul-\ning that the Supreme Court made clear: that there are limits to the power of the U.S. Government. I felt good about that. But now that Chief Justice Roberts and other members of the Court concluded that it may look like a mandate, but we call it a tax— and I haven’t done the technical anal-ysis they went through to reach their opinion, but that doesn’t seem correct to me. It seems as though it is still a mandate, a mandate to buy something a person doesn’t want to buy. That doesn’t sound like a tax to me. Maybe it is. Maybe they can defend it that way, but I don’t see how that is a tax. It sounds like a mandate and a penalty. \nSo scholars will be reading that opin-\nion for some time, and we will know whether Chief Justice Roberts an-nounces that this apparent mandate, apparent requirement that the Presi-dent said was not a tax, now it is a tax and the law is constitutional because of it. We will wrestle with that. But it does deal with the fundamental ques-tion: Can we afford this legislation. I say we cannot. I believe the facts are crystal clear that we cannot. We abso-lutely have to reform it, start over, create a health care system that works at a reasonable cost for the American people and does not burden our chil-dren with exorbitant debt that could throw us into a debt crisis at most any time, and in the long term destabilize the health of the Nation we love so much. \nVerDate Mar 15 2010 01:20 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\\CR\\FM\\G28JN6.058 S28JNPT1smartinez on DSK7SPTVN1PROD with SENATE CONGRESSIONAL RECORD — SENATE S4716 June 28, 2012 \nFLOOD INSURANCE \nMr. BINGAMAN. Mr. President, on \nJune 20, I introduced a bill to authorize the FEMA administrator to waive the 30-day waiting period for flood insur-ance policies purchased for private properties affected by wildfire on Fed-eral lands. Senators T\nOMUDALL , MARK \nUDALL , and M ICHAEL BENNET are co-\nsponsors of this legislation. \nAs we speak, wildfires are burning \nacross the Western states and it is crit-ical that we take immediate steps to protect communities against the tragic consequences of flooding. To this end, I am pleased that the Senate included this legislation in the National Flood Insurance Program reauthorization bill, which we will be voting on later today or tomorrow. \nFlooding is the most common and \ncostly natural disaster in the United States. In 1968, Congress created the National Flood Insurance Program to help provide a means for property own-ers to financially protect themselves. The Act, however, requires a 30-day waiting period before coverage under a new contract for flood insurance can take effect. This is to prevent individ-uals from delaying until the last minute to purchase insurance when the risk of flooding is high. \nUnfortunately, today’s large cata-\nstrophic wildfires in the West can alter the watershed conditions on our for-ested Federal lands so rapidly that nearby communities find themselves in flood hazard areas that didn’t exist the day before. The heat of the fires can make the ground impermeable to water, which significantly increases runoff when rainfall comes. \nIn some cases, the U.S. Forest Serv-\nice will advise a community to pur-chase flood insurance immediately after a wildfire is put out, only to see that community flooded by a few inches of rainfall weeks before the 30- day wait period has lapsed. When this happens, homeowners are tragically without any flood insurance coverage. \nEvery year States throughout the \nU.S. deal with the devastating con-sequences of wildfires. Firefighters are currently battling several major fires in New Mexico, including the largest fire in the State’s history. Over 340,000 acres in the Gila and Lincoln National Forest have been burned and over 100,000 acres have been burned in Colo-rado leaving thousands of residents struggling to cope with the aftermath and the risk that flooding presents. \nWhile our immediate concern is \nfighting these wildfires, we need to take steps to protect communities against the tragic consequences of flooding. In fact, in the area of the Whitewater-Baldy Fire, though the damage from the fire is extensive, the damage caused to property and risk to life is expected to be far greater from the associated flooding despite the mitigation and prevention efforts in progress. Recently, I joined Secretary Vilsack and Forest Service Chief Tid-well for a briefing on the Little Bear Fire, and although progress is being \nmade in containing the fire, people are very concerned that the monsoons will soon drop rain on soil that can’t absorb the moisture. \nIt makes little sense to punish home-\nowners in communities who have not faced the kinds of flood risk they are currently presented due to the sudden devastation of nearby Federal forest land. \nI should also note that after con-\nsultation with the Congressional Budg-et Office, it is my understanding that this legislation does not score for budg-et purposes. I appreciate the Banking Committee’s willingness to work with us on this issue. This legislation rep-resents a critical step forward in pro-viding access to Federal flood insur-ance. The fire-stricken communities need help, and they need it now. \nSURFACE TRANSPORTATION \nMr. LEAHY. Mr. President, I am dis-\nmayed that the final conference report on the surface transportation reauthor-ization bill did not include funding and continued authorization for the Land and Water Conservation Fund, LWCF, program, despite the fact that this pro-vision was included in the Senate- passed bill. This short-sighted decision is counterproductive and ultimately, harmful to America. \nThe LWCF program represents a \npromise that was made to the Amer-ican people almost 50 years ago to in-vest in conservation and outdoor recre-ation. The LWCF Program has long been a successful bipartisan program that has touched all 50 States and nearly every county in America. I strongly believe that the LWCF provi-sion, that was included in the Senate bill and which was passed in the Senate by a vote of 76 to 22, should have been included in the final conference report. \nOver the course of half a century, the \nLWCF program has protected natural resource lands, outdoor recreation op-portunities, and working forests across America. The program is so successful, in fact, that every part of the LWCF Program is oversubscribed, with the demand for State and local rec-reational needs, access for sportsmen, and working lands opportunities far ex-ceeding the funds that have been avail-able. \nThe LWCF Program has been ex-\ntremely important to Vermont. Two successful Vermont examples are the Green Mountain National Forest and the Silvio O. Conte National Wildlife Refuge. Among the most visited lands in the National Forest System, the Green Mountain National Forest has provided accessible and affordable recreation for millions of residents in the densely populated Northeast. Like-wise, the Silvio O. Conte National Wildlife Refuge, which stretches across Vermont, New Hampshire, Massachu-setts, and Connecticut, is a revolu-tionary project that has helped to con-serve prime fish and wildlife habitat across the 7.2 million-acre Connecticut River watershed. By failing to include the LWCF Pro-\ngram in the final conference report, I believe that we are squandering a crit-ical opportunity to protect America’s precious natural resource lands and grow the economy. The Outdoor Indus-try Association estimates that outdoor recreation is an overlooked economic giant, generating $646 billion in direct consumer spending, supporting 6.1 mil-lion direct jobs, and producing $80 bil-lion in Federal, State, and local tax revenue each year. This amount dwarfs total spending in other sectors such as pharmaceuticals and motor vehicles, which respectively account for $331 bil-lion and $340 billion in direct spending. \nI am extremely disappointed that the \nfinal conference report did not include the bipartisan-supported LWCF Pro-gram. This will hurt all Americans today and for generations to come. I urge my colleagues to come together and right this wrong. The benefits of the LWCF Program are clear and we owe it to the American people to pro-vide funding for this essential and suc-cessful program. \nMr. President, I thank the Chair and \nyield the floor and note the absence of a quorum. \nThe PRESIDING OFFICER. The \nclerk will call the roll. \nThe legislative clerk proceeded to \ncall the roll. \nMr. REID. Mr. President, I ask unan-\nimous consent that the order for the quorum call be rescinded. \nThe PRESIDING OFFICER. Without \nobjection, it is so ordered. \nORDER OF BUSINESS \nMr. REID. Mr. President, I am sorry \nit has taken so long. There are a lot of things to do around here. The con-ference report has been filed. As I said earlier today, I appreciate very much the work of everyone, including our very hard-working staffs on both sides of the Capitol. But there is no need for us to wait anymore. We are not going to finish this tonight. We are going to have to come back tomorrow. \nI have talked to a number of people, \nand I wanted to make sure before any-thing was announced that the papers had been filed. They have been. We have a number of issues we are trying to work through procedurally. We are not going to be able to do that tonight. I am not passing blame on anyone, be-cause we all have a lot to do tomorrow, a lot of things that we are going to put on hold. This is a very big work period for us the next 10 days. I think it is ap-propriate to say we will be back at 10 o’clock in the morning to finish this legislation and do it as quickly as we can. We do not know what time the House is going to vote on this tomor-row, but we may have to wait now until they pass it. That is one of the pieces we are working on. We have done our very best to try to complete everything tonight, but we are not going to be able to do that. \nI am disappointed. I heard that from \nmany people, how disappointed they are that we could not move further \nVerDate Mar 15 2010 01:20 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\\CR\\FM\\G28JN6.059 S28JNPT1smartinez on DSK7SPTVN1PROD with SENATE CONGRESSIONAL RECORD — SENATE S4717 June 28, 2012 \ndown the road. But that is the way it \nis. \nMr. LEAHY. Mr. President, would the \nleader yield for a question? \nMr. REID. I would be happy to yield. The PRESIDING OFFICER. The Sen-\nator from Vermont. \nMr. LEAHY. Mr. President, I know \nthe distinguished majority leader has been working very hard to accommo-date Senators in a vote. I know he has the support of every member of our caucus in doing that. I believe I heard the distinguished leader say we will come in at 10. \nMr. REID. Yes. If I thought it would \nhelp to come in earlier, I would do that. But it would only be—— \nMr. LEAHY. The Senator anticipated \nmy next question. I appreciate that. \nMr. REID. We likely cannot do any-\nthing until the House votes on the bill tomorrow. We are trying to work through that. I have to say, the House has been extremely cooperative in ev-erything we have done the last few days. I see on the floor my friend, the chairman of the Environment and Pub-lic Works Committee. She knows how hard this has been and how cooperative the Republicans have been. No one has been more so than the ranking member of the Environment and Public Works Committee, J\nIMINHOFE . I will always \nadmire J IMINHOFE for the manner in \nwhich he approached this important piece of legislation. We pass out acco-lades on this floor, about everyone, how hard they work, but we would not be able to get this bill done except for J\nIMINHOFE . Fact. \nSo I am disappointed we cannot do \nthis tonight. As the chairman of the Judiciary Committee just said, we would stay here tonight on our side until the wee hours of the morning, be-cause we have some things to do. I was scheduled to be in Lake Tahoe tomor-row, but I can’t be there. Other people have certainly more important trips than that. But it is one of the issues we have to face with these jobs we have, which are a tremendous privilege, but sometimes we do not have the ability, as a Governor does or the President does, a member of the Court does, to say: This is the schedule. There are 100 different leaders here, each thinking they have the best way of solving the problems of the world, and it takes a while sometimes to work through their opinions. \nf \nMORNING BUSINESS \nMr. REID. Mr. President, I ask unan-\nimous consent that the Senate proceed to a period of morning business, with Senators permitted to speak therein for up to 10 minutes. \nThe PRESIDING OFFICER. Without \nobjection, it is so ordered. \nf \nROCK ISLAND ARSENAL’S 150TH \nANNIVERSARY \nMr. DURBIN. I rise today to cele-\nbrate a major milestone for Illinois and the nation. One hundred and fifty years \nago on July 11, 1862, Illinois’ own Presi-dent Lincoln signed an Act of Congress that established the Rock Island Arse-nal. \nRock Island started out during the \nCivil War as a small Union prisoner of war camp which also held and distrib-uted supplies. It has grown into a crit-ical manufacturer of 21st century sup-plies for our troops in the field. And in doing so, it also serves as the lifeblood of the Quad Cities region that hosts it. \nIn celebration of its 150th anniver-\nsary, I would like to highlight Rock Is-land Arsenal’s impressive history and the impact it has had on the commu-nity and the nation. \nRock Island has a long history of pro-\nducing supplies for our military. It was rifle cartridges and siege howitzers in the Spanish-American War of 1898. In World War I, it was rifles and a variety of personal equipment. By World War II, the Arsenal’s emphasis had shifted to artillery production, and workers in-creased production from 75 artillery cartridges a year to 600 a month during the war. This ability to rise to the challenge for our servicemembers is a theme at Rock Island. \nProducts weren’t the only thing \nchanging at the Arsenal. So were de-mographics. Everyone is familiar with the image of Rosie the Riveter, as women stepped into the workforce. The Arsenal was no different—32 percent of the workforce was female during World War II. \nYet some of the workers were only \nteenagers. Squeezing in 40 hours of work while going to school, students were picked up after class and bused to the island. They worked Saturdays too. In a not uncommon story, Arsenal worker Anna Mae said her wartime ef-fort was a family affair. ‘‘My mom worked on one side of the island, my stepdad on the other and I was in the middle.’’ \nYears after the war ended, Anna Mae \nreturned to work at the Arsenal until retirement. When she learned that her war efforts contributed to her pension, she articulated the selflessness of so many when she said, ‘‘I never would have thought (about) that—we were just trying to win a war.’’ \nIn the Korean War/Conflict, the sense \nof urgency on the island returned. Crews worked 10-hour days, 6 days a week, and sometimes on Sunday to get weapons and equipment shipped out. For Vietnam, the Arsenal created new products designed to counteract the Viet Cong’s guerilla ‘‘hit and run’’ tac-tics, such as the M102 lightweight how-itzer. The Arsenal continued to con-tribute to systems that meant life or death for the soldiers for the 1991 Gulf War—and then adapted as the military went through a drawdown after the war ended. \nBut as we all know, that peace did \nnot last long. A little more than 10 years ago, the attacks of September 11th changed our world—and the nation again found itself at war. Again to their credit, the Arsenal workforce \nwent into overdrive to provide our troops what they needed. Machinist Jeff Roberts recalled, ‘‘Everyone’s mentality is it’s one collaborative ef-fort to get the soldiers what they need as fast as you can.’’ \nThey did—in a unique way. The Arse-\nnal has the Department of Defense’s only vertically integrated metal manu-facturing capability. It has the only re-maining foundry in the U.S. Army. It means that raw materials can go in one side and come out the other as very in-tricate finished products. It does this with a number of materials, including stainless steel, carbon steels, and tita-nium. The result—new equipment to better protect our troops, especially on short notice. \nWe all know how devastating impro-\nvised explosive devices (IEDs) were to U.S. troops in Iraq and continue to be to servicemembers in Afghanistan. In 2006 and 2007, our nation had fallen short in armor kits for Humvees and other ground vehicles to protect our troops. I urged then-Secretary Gates to use Rock Island’s production capability to get these kits to our troops faster. Secretary Gates agreed. Rock Island became the single largest producer of these armor kits. Talk about saving lives. \nLieutenant General Raymond Mason, \nArmy’s Deputy Chief of Staff for Logis-tics, recently noted, ‘‘It was critical that we had (the organic industrial base), along with our manufacturing capabilities at our arsenals at Watervliet, Rock Island and Pine Bluff. This allowed us to expand for wartime demand . . . ‘‘ He also added, ‘‘By en-suring we maintain a core level of work, we then retain expandability ca-pabilities if something else happens in the world.’’ \nAs I look to the future, I would say \nthat is exactly what we are doing at Rock Island. Earlier this year, I intro-duced the Army Arsenal Strategic Workload Enhancement Act of 2012, with the support of Senator M\nARK \nKIRK, Senator G RASSLEY , Senator H AR-\nKIN, and the Senators from New York \nand Arkansas. \nThe bill does just what General \nMason was describing. It would create a strategic plan to ensure arsenals re-ceive the workload they need to keep workers’ skills sharp for whatever the future may hold. \nWe worked with Senator L\nEVIN and \nSenator M CCAINon this. I was pleased \nthat major portions of our bill were in-cluded in the report accompanying the National Defense Authorization Act, which was voted out of the Armed Services Committee last month. \nBut the Arsenal isn’t complacent. \nThey are partnering with private in-dustry interested in working with tita-nium and other lightweight metals at the Quad-City Manufacturing Lab which opened in 2010. In these times of tough budget decisions, these partner-ships enable Rock Island to sustain itself at no cost to the government \nVerDate Mar 15 2010 01:20 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\\CR\\FM\\G28JN6.062 S28JNPT1smartinez on DSK7SPTVN1PROD with SENATE CONGRESSIONAL RECORD — SENATE S4718 June 28, 2012 \nthrough a Working Capital Fund. Just \nlike the private sector, the Arsenal is out there competing for work—and winning it. They have signed agree-ments with Sivyer Steel, Mack Defense and others. \nBut Rock Island is about more than \njust production—it is also the bedrock of the Quad-City region as the area’s largest employer. One example of fam-ily commitment to the Arsenal is Jeff Roberts, a machinist at Rock Island. His great-great-great-great grandfather was a master carpenter at Rock Island in the 1860s and helped build the is-land’s iconic Clock Tower. Working at the Arsenal for our men and women in uniform gave Jeff a clear under-standing of, as he described it, ‘‘what you’re doing and why you’re doing it.’’ He added, ‘‘I’ve never had the job satis-faction I have now until I came here.’’ \nJeff’s experience is replicated all \nacross the Arsenal. The island has more than 70 military and private sec-tor organizations as tenants. Over the years, the Arsenal has welcomed the Army Corps of Engineers, Army Sustainment Command, Joint Muni-tions Command, and Army Contracting Command, among others. Most re-cently, Rock Island welcomed the headquarters for First Army, which is in charge of mobilizing, training and deploying our Army Reservists. It may not always have the glitz of a front- page story. But their collective dedica-tion shows how central Rock Island is to the support of our military, every day. \nRock Island Arsenal is a large and vi-\nbrant installation, with a rich history and an impressive array of ongoing ac-tivities. Rock Island Arsenal has made remarkable contributions over the past 150 years. It has served us through our difficult times and will continue to do so in the future. \nI thank those who serve at the Arse-\nnal today and those who have served in the past. And also to those who have join me in honoring Rock Island Arse-nal in its 150-year anniversary celebra-tion. \nf \nINDEPENDENCE DAY 2012 \nMs. MURKOWSKI. Mr. President, I \nrise today to commemorate our Na-tion’s Independence Day. \nOver 230 years ago, a collection of \nvery brave and thoughtful men put their names and lives on the line to support a visionary idea, writing: \nWe hold these truths to be self-evident, \nthat all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed. \nToday we honor those patriots who \ncrafted our country’s identity, and we appreciate every man, woman, and child who has shared it, refined it, and lived it. There is a reason why the rest of the world looks to America as a bold leader, and it began in Philadelphia on \nJuly 4, 1776. It continues nationwide today in our independent spirit, our ambition, and our sense of generosity, and we certainly see that in my home State of Alaska. \nWe see it in communities large and \nsmall, as we solve problems and work together to make life better and the fu-ture brighter. Today, we take a mo-ment to realize that we do all this without thinking about it—and that few other countries in the world can boast the same. \nBut as we take a moment to appre-\nciate all that we have, we must never forget the cost of freedom. Thousands have given their lives to secure the blessings of liberty. Men and women in uniform are serving bravely overseas, enduring tremendous sacrifice, while countless others guard our shores, pro-tect our interests abroad, and defend our skies here at home. Their burden is shared by the families who endure empty spots at the dinner table, missed birthdays, and absence from special moments like a child’s first steps. Freedom is indeed perishable and we are grateful for those who safeguard our liberty for our children and grand-children. \nAs Americans, we honor our veterans \nand the freedoms they defend. We speak our minds and we think big thoughts—bounded only by the limits of our imagination. \nOn this Independence Day, I am hon-\nored to represent Alaska in the United States Senate. \nMr. HELLER. Mr. President, I rise \ntoday in the tradition of patriotic cele-bration to recognize 236 years of Amer-ican independence. The Fourth of July is not only a proud and inspiring sym-bol of our nation’s independence, but of our undeniable strength and unity. As we celebrate Independence Day this year, I am thankful for our forefathers’ struggle to afford us freedom and lib-erty which we enjoy today. \nAs the first battles of the Revolu-\ntionary War broke out in April 1775, many colonists were skeptical of com-plete independence from Great Britain. By the middle of the following year, tensions and hostility were high. As revolutionary sentiment spread, so too did the colonists’ desire to become lib-erated from Great Britain. \nOn July 2, 1776, the Continental Con-\ngress voted in favor of a resolution for independence. Two days later, our Founding Fathers adopted the Declara-tion of Independence, marking the United States’ break with Great Brit-ain. In 1870, the U.S. Congress insti-tuted July 4th as a federal holiday. As Americans, we are proud to celebrate this important national holiday, a symbol of our patriotism and freedom. \nOn the eve of this celebration, we \nalso pay tribute to today’s heroes; America’s brave men and women in uniform who have fought tirelessly to protect and preserve the very freedom afforded to us by our Founding Fa-thers. Their perseverance in the face of adversity is a testament to the \nstrength of the greatest military in the world. We are proud to honor our vet-erans, active duty soldiers, and mili-tary families for their grave sacrifices made for the safety and security of this great nation. \nNext week, as we gather with family \nand friends, let us reflect on the trials and tribulations of our nation’s path to independence and the everlasting im-pact of this defining moment in Amer-ica’s history. With appreciation for the freedoms we enjoy today, I ask my col-leagues to join me in commemorating the birth of our Nation’s independence. \nf \nCONGRATULATING THE 2012 \nNATIONAL ASSOCIATION \nMr. LEAHY. Mr. President, I want to \ncommend three outstanding Vermont companies that were recently singled out for recognition at the 2012 Fancy Food Show in Washington, D.C. These vendors were among the select 110 Sil-ver Finalists for the show’s coveted Specialty Outstanding Food Innova-tion, sofi, gold awards, widely consid-ered to be one of the top honors in the specialty food industry. The sofi Awards, from the National Association for the Specialty Food Trade (NASFT), recognize the best in specialty food and beverage and are a coveted industry honor. This year’s contest was the most competitive in the history of the awards, with a record 2,520 entries. \nTwo of the vendors, Vermont Butter \nand Cheese Creamery, located in Websterville, and Big Picture Farm L3C, located in Townshend, won the gold sofi in their categories, while Grafton Village Cheese, located in Grafton, represented Vermont proudly as a finalist in the category for out-standing cheese or dairy products for their new cheese, Cave Aged Leyden. \nVermont Butter and Cheese Cream-\nery’s owners, Allison Hooper and Bob Reese, deserve well-earned congratula-tions for winning three gold sofi Awards, including Best Product Line, Best Cheese or Dairy Product for their aged goat cheese Bonne Bouche, and Best Perishable Food Service Product for their Sea Salt Crystal Cultured Butter. Allison and Bob’s extraor-dinary achievement demonstrates, be-yond a doubt, that Vermont Butter and Cheese Creamery has succeeded at building a high quality, superior brand that reflects the values and ethos of Vermont. \nCongratulations are due as well to \nBig Picture Farm’s owners, Louisa Conrad and Lucas Farrell, for winning a gold sofi Award in the Confectionary Category for their Farmstead Goat Milk Caramels. When I met this young couple last week, I was taken with their energy and excitement for both their goats and their award winning caramels. Earlier this year, Louisa and Lucas received a U.S. Department of Agriculture Value Added Producer Grant which helped them expand their farm, hire additional staff members, \nVerDate Mar 15 2010 01:20 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\\CR\\FM\\G28JN6.028 S28JNPT1smartinez on DSK7SPTVN1PROD with SENATE CONGRESSIONAL RECORD — SENATE S4719 June 28, 2012 \nand expand their business plan. The \nValue Added Producer Grant, together with Big Picture Farm’s hard work and commitment to their vision, helped to catapult this new business to a sofi Award after less than two years in business. That is quite an achievement. I can’t wait to see what challenges this young couple will tackle next. \nRecognition should go, too, to Bob \nAllen, Christine Damour, and Wendy Levy, co-owners of Grafton Village Cheese. This year, Grafton Village Cheese was a sofi finalist in the cat-egory of Outstanding Cheese or Dairy Products. Vermont Butter and Cheese Creamery also competed in this cat-egory and to have not one, but two great Vermont companies competing as finalists in the same category is an outstanding achievement for any State, much less one as small as Vermont. \nI always enjoy seeing Vermonters in \nWashington, and was pleased to visit them at the 2012 Fancy Food Show. These companies create Vermont jobs and grow Vermont’s economy. During these tough economic times, this kind of work is vital to restoring the Amer-ican way of life and getting the coun-try back on track. I am extremely proud of the hard work, dedication, en-trepreneurial spirit, and innovation of these exceptional Vermont companies. \nf \nNATIONAL PTSD AWARENESS DAY \nMrs. MURRAY. Mr. President, I am \nhonored to join my colleagues today in recognizing the Department of Vet-erans Affairs’ National Center for Post- Traumatic Stress Disorder, PTSD, as their month-long PTSD awareness campaign comes to a close and in re-flecting on our participation in the third annual National PTSD Awareness Day. I thank Senator C\nONRAD for intro-\nducing the resolution to honor Army National Guard SSG Joe Biel who suf-fered from PTSD and tragically took his own life in April 2007 after return-ing from his second tour in Iraq. \nAll this month, we draw attention to \nPTSD which affects millions of Ameri-cans at some point in their lives. As chairman of the Senate Veterans’ Af-fairs Committee, I am especially con-cerned with the impact that PTSD has had on our Nation’s servicemembers and veterans. The number of veterans treated by the Department of Veterans Affairs, VA, for PTSD or related symp-toms has reached 475,000 and there are likely more cases that go unreported, undiagnosed, or untreated each year. In fact, as the drawdown of Afghani-stan troops continues, we can only ex-pect those numbers to follow the steady rise previously reported. VA and the Department of Defense, DoD, need to be ready now. \nThis unpreparedness is a tragedy. \nWhether the wounds they return home with are visible or invisible, no veteran should be left to face their injuries alone, and I am committed to seeing that they never have to. Already, we have seen a change in \nhow VA and the DoD treat PTSD. Ear-lier this year, we learned that hundreds of servicemembers and veterans had their PTSD diagnoses reversed over the course of 5 years at Madigan Army Medical Center in my home State of Washington. In the wake of this shock-ing discovery, Secretary of the Army John McHugh ordered a comprehen-sive, Army-wide review of medical files from the past decade to uncover any other problems with misdiagnoses. Two weeks ago, Secretary Panetta an-nounced that he would be ordering a similar review across all of the armed services. I applaud these actions taken by Secretary Panetta and Secretary McHugh, but we are a long way from winning the battle on mental and be-havioral health conditions. \nThat is why earlier this week I intro-\nduced the Mental Health ACCESS Act of 2012. This bill will require VA and DoD to offer a range of supplemental mental and behavioral health services to ensure that veterans, servicemem-bers, and their families are receiving the care that they need and deserve. The Mental Health ACCESS Act of 2012 provides for comprehensive standard-ized suicide prevention programs, ex-panded eligibility to families for sup-port services, improved training for healthcare providers, new peer-to-peer counseling opportunities, and reliable measures for mental health services. \nFinally, we must overcome the stig-\nma that surrounds PTSD. As VA’s Na-tional Center for PTSD has dem-onstrated, once diagnosed, PTSD and its symptoms can be treated and those who suffer from it can resume healthy and productive lives. Efforts like Na-tional PTSD Awareness Day and PTSD Awareness Month are critical to com-bating some of the most damaging misperceptions about PTSD. \nIn closing, as we look back on our ef-\nforts to raise awareness of PTSD throughout the month, we must also reaffirm our commitment to those vet-erans, servicemembers, and families af-fected by PTSD. Our veterans and serv-icemembers have made tremendous sacrifices for us and our country and we owe them the support and care that they deserve. \nf \nADDITIONAL STATEMENTS \nRECOGNIZING EVANSTON \nROUNDHOUSE AND RAIL YARDS \n∑Mr. BARRASSO. Mr. President, \ntoday I wish to recognize the 100th an-niversary of the Evanston Roundhouse and Rail Yards. This impressive site, which is listed on the National Reg-ister of Historic Places, is a lasting landmark and a national treasure. \nEvanston is truly a special place, and \nthe railroad has had a huge impact on its history. In fact, Evanston would not exist today had it not been for the rail-road. Like the rest of the area, a large part of Wyoming’s development de-pended on migrants coming from the \nEast. Some traveled on famous emi-grant trails like the Oregon and Cali-fornia Trails. But many followed the train tracks as the transcontinental railroad forged a new path across the West. The transcontinental railroad had particular importance in Wyo-ming’s development. Steam engines needed water-refilling stations, and these stations quickly became hubs of commerce in the State. Evanston was the Union Pacific’s last stop in Wyo-ming, and its settlement depended on the railroad. \nIn 1868, tracks finally reached Evans-\nton, and a town of tents cropped up around the station. This prosperity was only short-lived because the managers soon ordered the station to be moved 12 miles west to Wasatch. Because of the transfer, the town’s population dis-appeared virtually overnight. Evanston was in danger of becoming another ‘‘end of the line’’ town. Fortunately, the station moved back to Evanston \nlater that summer—and it stayed there. The railroad provided a stable job base and nearby coal mines encour-aged the settlement of the town. Just as the railroad depended on its work-ers, the town depended on the trains. \nEvanston enjoyed great success as a \nwater-filling station. The increased production and prosperity of the Union Pacific warranted new facilities to ac-commodate its increased traffic. In 1871, a new roundhouse and a shop com-plex were constructed. The station was designated as the major Union Pacific maintenance facility between Green River, WY, and Ogden, UT. In the next 30 years, the station prospered and the town of Evanston expanded. In 1912, the Union Pacific approved additional up-grades. The construction included a new roundhouse, a state-of-the-art turntable, and electricity for the other buildings in the complex. \nMany technological advances eventu-\nally caught up with the station’s suc-cess. The advent of diesel train engines brought the slow demise of the ma-chine shop in Evanston, as more and more services were moved to Green River. In 1927, main operations were moved to Green River and the Evans-ton station opened as a reclamation plant. Here, rolling train stock and parts were repaired and refurbished for the Union Pacific. The new designation created a new era of success for the station. At its height of production, the plant employed over 300 men, mak-ing it the largest employer in Evans-ton. The roundhouse and its accom-panying facilities were crucial to the economic independence of the town’s residents. \nThe success of the reclamation plant \nwas enjoyed for several decades. How-ever, in 1971, the Union Pacific closed the facility for good, due to modern production methods and lower prices for new equipment. The community had developed a strong tie to the rail-road. Evanston depended on the rail-road not only for jobs or economic sta-bility, but also for its identity. After \nVerDate Mar 15 2010 01:20 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\\CR\\FM\\G28JN6.068 S28JNPT1smartinez on DSK7SPTVN1PROD with SENATE CONGRESSIONAL RECORD — SENATE S4720 June 28, 2012 \nits final closure, the Union Pacific do-\nnated the rail yards to the community, creating the perfect opportunity for the community to preserve the sta-tion’s legacy. Local businessmen formed a coalition to develop the area. The city of Evanston leased the facility to a number of railway companies while they created a comprehensive plan to preserve the roundhouse and rail yards. \nTo honor and recognize the signifi-\ncant impact of the roundhouse and the railroad, community members turned their eyes to restoration and preserva-tion. This historic site was listed on the National Register of Historic Places in 1985. This special designation prompted other city officials to create a plan for the preservation and renova-tion of the rail yards. In 1998, thanks to Federal funding and the fundraising ef-forts of the community, cleanup of the facilities began. The goal to preserve the structural and historical integrity of the facility was accomplished through the cooperation and passion of the entire community. \nToday, the Evanston Roundhouse and \nRail Yards are open to the public. The recently dedicated J.T. & Phyllis Pat-terson Visitor Center welcomes visitors from across the country. In addition to the restoration of the original round-house, community leaders are working to restore the original turntable and other facilities around the plaza. Now, the machine shop is a clean, updated facility that is perfect for hosting events and meetings. And Evanston has a vision for what might follow. In the future, the city plans to move its city hall into the complex. Other ideas in-clude plans to install a renovated din-ing car and to move the original water tower from Wasatch to the rail yards. Evanston and its visitors will continue to enjoy the rich history of the round-house thanks to the innovation of city officials and Evanston’s partnership with local, State, and Federal agencies. \nThe Evanston Roundhouse and Rail \nYards is a remarkable part of Wyo-ming’s history. In honor of its 100th an-niversary, I invite my colleagues to visit this national treasure. This site is a visible reminder of the important role the railroad played in the growth and development of Evanston. I con-gratulate the citizens who have worked so hard to preserve the roundhouse. They should be proud to share this his-toric place with visitors from all over the world. ∑ \nf \n125TH ANNIVERSARY OF UNITED \nWAY \n∑MR. BOOZMAN. Mr. President, I rise \nto celebrate United Way for its com-mitment to serving people across the globe. For 125 years, United Way has been at the forefront of bringing about change in communities by initiating longlasting collaborative partnerships to meet the needs of citizens. By bring-ing together people, communities, and organizations, United Way has effec-tively solved problems and improved \nthe lives of countless people. \nThe vision of United Way has re-\nmained constant since 1887 when Den-ver, CO, community members recog-nized the importance of cooperation to address the welfare problems in the city. Those efforts laid the foundation for the help it provides to communities all over the world today. \nI am particularly proud of United \nWay’s efforts in Arkansas and the sup-port of people all over the State to help fellow Arkansans. I know many Arkan-sans join in efforts to help improve the well-being of their neighbors through various campaigns to mobilize re-sources and strengthen educational, employment, and health opportunities. We are blessed to have great commu-nity involvement and an organization like United Way that is always looking for new problems to solve. This is truly an amazing program that makes its presence count in untold by ways touching lives and creating lasting changes. \nOn this 125th anniversary, on behalf \nof the people of Arkansas, I offer my thanks for impacting positive changes in the lives of people worldwide and close to home. I am humbled by United Way’s constant commitment and at-tention to developing a bright future for all citizens. It is a privilege to have United Way in our backyard, and we are grateful for its outreach. United Way serves as an inspiration for all of us, showing us what hard work, dedica-tion, and partnerships can lead to. Thank you for bringing hope to the hopeless, help to the helpless, voice to the voiceless and bridging the gaps be-tween people and resources. Congratu-lations on this great milestone. ∑ \nf \nMILTON, NORTH DAKOTA \n∑Mr. CONRAD. Mr. President, I am \npleased to honor a community in North Dakota that will soon celebrate its 125th anniversary. On July 14th, 2012, the residents of Milton will recognize the community’s history and founding. \nWhen Milton was founded in 1887, the \npostmaster initially suggested that the town be called Springfield. Some histo-rians claim the town was named after the famous English poet, John Milton. However, most historians agree the town was named for Milton, Ontario, the hometown of pioneer settler Steven Sophar. Steven Sophar was instru-mental in obtaining land and creating townships across North Dakota, as well as in several other northern states. After establishing a post office, Milton reached its boom in population during the 1890s. \nThe dedication of the residents keeps \nthe community vibrant through its events and businesses. The local eleva-tor, Little Star Theater and Milton Cafe´are focal points in the commu-\nnity. Farming is also a thriving indus-try, due to the rich soil in the area. \nOrganized by local residents, the city \nis celebrating its 125th anniversary on July 14. During the celebration, the \nSenior Center will highlight area busi-nesses, along with other community fa-vorites, with historic photos and dis-plays. Events will also include a pa-rade, a car/bike/tractor show, a com-munity dinner and program, a dance and fireworks sponsored by the Milton Fire Department. \nMr. President, I ask the United \nStates Senate to join me in congratu-lating Milton, ND, and its residents on their 125th anniversary and in wishing them a bright future. ∑ \nf \nGILBY, NORTH DAKOTA \n∑Mr. CONRAD. Mr. President, I am \npleased to honor a community in North Dakota that will soon celebrate its 125th anniversary. On July 14, 2012, the town of Gilby will recognize their com-munity’s history and founding. \nFounded in 1887, Gilby was named for \nJohn Gilby Jr., who came to the area in 1878. The rich soil has made it pos-sible for farms to thrive in the area, growing wheat, soybeans, corn, sugar beets, and edible beans. The Scott farm, the oldest farm in Gilby, has been growing crops since the early 1800s. The Oppegard building has been a prominent landmark in Gilby since the town was established, starting out as a blacksmith’s shop. Currently, the Oppegard building is home to an inde-pendent repair shop serving the needs of farmers in the area. The people of this friendly town are predominantly from German heritage. \nTo celebrate its 125th anniversary, \nGilby is collaborating with Midway’s 50th All School reunion on July 12, and Forest River’s 125th anniversary on July 13. The activities culminate with Gilby’s 125 celebration on July 14. Events in Gilby will include a pie and ice cream social, a volleyball tour-nament, train rides, and a parade. \nI ask the United States Senate to \njoin me in congratulating Gilby, ND, and its residents on the 125th anniver-sary of their founding and in wishing them a bright future. ∑ \nf \nCONGRATULATING NORMAN \nDIANDA \n∑Mr. HELLER. Mr. President, today I \nwish to congratulate Mr. Norman ‘‘Norm’’ Dianda, who was recognized as the 2012 Reno Rodeo Parade Grand Marshal. My home State of Nevada is proud and privileged to acknowledge such an extraordinary civic leader. \nSince founding Q&D Construction in \n1964, Norm has been committed to making the Truckee Meadows a great place to live. He has served as the heart and soul of the company by con-tinually going above and beyond the call of duty each year, assisting numer-ous organizations for the betterment of the Silver State. \nA native Nevadan, Norm has volun-\nteered his time to organizations such as the American Heart Association, American Lung Association, March of \nVerDate Mar 15 2010 01:20 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\\CR\\FM\\G28JN6.018 S28JNPT1smartinez on DSK7SPTVN1PROD with SENATE CONGRESSIONAL RECORD — SENATE S4721 June 28, 2012 \nDimes, American Cancer Society, the \nBoys & Girls Club of Truckee Meadows, Big Brothers Big Sisters, Saint Mary’s Hospital, and, of course, the Reno Rodeo Association. His extraordinary charitable work in the community is admirable. For 9 of the past 13 years, Norm was voted Contractor of the Year by his peers in northern Nevada. He truly is one of the best. \nRecently, Norm was honored with \nthe privilege of leading the Reno Rodeo Parade. Having attended and supported the Reno Rodeo for over 60 years, Norm has seen and experienced many changes in the community and the rodeo itself. His company has been instrumental in updating the rodeo grounds for years. Norm’s love for Nevada, community service, and the Reno Rodeo are un-matched. \nNevada’s economy relies on events \nsuch as the Reno Rodeo, which cele-brated its 93rd anniversary this year. Dependent upon nearly 400 volunteers from across the Truckee Meadows, the event is said to have an economic im-pact of $42 million in the Reno/Sparks area. This 10-day rodeo recognizes the passions and skills of some of the world’s top professional cowboys and cowgirls and their contributions to the sport of rodeo. \nI admire and recognize Norm’s com-\nmitment to northern Nevada. His dedi-cation serves as a constant reminder of the importance of giving back to our communities. I am proud to stand with the residents of my home State to rec-ognize his generosity and selflessness. Today, I ask my colleagues to join me in honoring a native Nevadan for all that he does for the Silver State. ∑ \nf \n125TH ANNIVERSARY OF UNITED \nWAY \n∑Mr. JOHANNS. Mr. President, today, \non the 125th Anniversary of United Way of America, I wish to pay tribute to Nebraska’s many United Way orga-nizations. United Way is active in the communities of Beatrice, Columbus, Cozad, Crete, Fremont, Grand Island, Hastings, Kearney, Lexington, Lincoln, Nebraska City, Norfolk, North Platte, Omaha, Scottsbluff, Wayne, York, and others. The Nebraskans affiliated with these organizations work tirelessly every day to improve the lives of those around them. \nFor the past 125 years, United Way \nhas mobilized resources from local businesses and individuals to identify and meet the needs of the communities they serve. Thanks to the leadership from local United Way organizations, communities in Nebraska have been better able to address significant social issues. The programs they support help those experiencing hunger, domestic violence, drug and alcohol abuse, ne-glect, and many more challenges. In Nebraska, the United Way provides leadership and helping hands through-out our State. \nI have had the privilege of working \nwith United Way and the agencies they support as a county commissioner, city \ncouncilman, mayor, Governor, and now as a Member of the Senate. I have seen first hand the successes achieved by Nebraska’s United Way offices, which have improved the lives of countless citizens across the State. I couldn’t be more proud of their work. \nIt is an honor to mark this special \nday by acknowledging United Way of-fices across our State and thanking the many volunteers who contribute time, talent, and financial resources to im-prove Nebraska communities. I wish all of the United Way offices in Nebraska and across the Nation another 125 years of success in their mission to serve oth-ers. ∑ \nf \nTRIBUTE TO RICK CRAIG \n∑Mr. LEE. Mr. President, today I wish \nto honor Rick Craig, president of America First Federal Credit Union. Rick was appointed president of the credit union in 1997, and previously served as the executive vice president for two decades. He recently announced his retirement and I wish to honor his exemplary career. \nRick is an alumnus of Weber State \nUniversity, where he earned a bachelor of science degree in the field of mathe-matics with a minor in physics. He went on to earn a master’s degree in the field of engineering from the Uni-versity of Utah, and graduated in 1981 from the Western Credit Union Na-tional Association, CUNA, Manage-ment School. While in school, Rick earned the Charlie Clark Award and later was honored with the James D. Likens Alumni Recognition Award. He has also completed the Credit Union Executives Society’s Directors Leader-ship Institute program at the London Business School. Over the years, Rick has been willing to share his knowledge with others, teaching courses at Weber State University and the Western CUNA Management School. \nRick is a past board member of the \nUtah League of Credit Unions, and was vice chairman of the league’s Execu-tive Committee. From 1997 to 2003, he also served on the Governor’s Board of Credit Union Advisors in Utah. He served on the Filene Research Council from 1999 to 2005, and he has been a member of the CO-OP Board of Direc-tors since 2005. He has been a director of the Credit Union Executives Society, CUES, for 9 years, serving as chairman of the board. Rick was inducted into the Credit Union Society’s Hall of Fame in 1996. \nMr. Craig has received numerous \nhonors for his work. Utah Business Magazine recognized him as one of the one hundred most influential people in the State of Utah in 2001, 2004, 2007, and 2011. He was recognized as one of the Ten Trail Blazing Companies in Utah in 2003 and in 2004, the national CUES named him Executive of the Year. Under his leadership, America First Credit Union was recognized as one of the best places to work in Utah in 2007. Craig has written numerous articles, \nincluding articles for CUNA and CUES magazines, as well as computer world. \nAfter 12 years as president, Rick \nCraig is leaving America First Credit Union on solid financial foundation. He has been successful at navigating the credit union through very turbulent fi-nancial times. \nAlthough Rick Craig has achieved \ngreat success in business, his greatest success has been being the father of 10 wonderful children. It is my wish that he and Karen enjoy this new chapter in their lives. ∑ \nf \nREMEMBERING JUDGE ROBERT C. \nBOOCHEVER \n∑Ms. MURKOWSKI. Mr. President, \nnext week the Juneau community will come together to honor the late Judge Robert C. Boochever, who passed away on October 9, 2011. At the time of his passing, Judge Boochever was a senior judge of the Ninth Circuit, U.S. Court of Appeals. Since Alaska was admitted to statehood, only three Alaskans have served on that court. Judge Boochever was the first of the three. \nJudge Boochever was not born in \nAlaska, but he earned the right to be called an Alaskan through decades of service, on and off the bench, to our community. Robert C. Boochever was born in New York City on October 2, 1917, and grew up in Ithaca, the home of Cornell University where his father was director of public relations. He completed his undergraduate work and law degree at Cornell, then enlisted in the Army. Deployed to Newfoundland as a legal officer, he met Connie Mad-dox, who was the chief surgical nurse for the base. They were married in April 1943. \nAt the end of the war, a long-time \nfamily friend from Cornell, Warren Caro, who had been an aide to Alaska’s territorial Governor, Ernest Gruening, told Judge Boochever about a job in Juneau. It was an assistant U.S. attor-ney position, but at the time there was no U.S. attorney, so Boochever would in fact be running the operation. At the time, Judge Boochever knew noth-ing of Alaska or Juneau other than the praises sung by his family friend, War-ren Caro. But that didn’t stop him from asking Alaska’s delegate to Con-gress, Bob Bartlett, for a recommenda-tion. Once offered the job, he persuaded Connie to give Alaska a try and they never looked back. \nIn 1947, Boochever joined the Faulk-\nner Banfield law office in Juneau and soon was made a named partner. He built the Faulkner Banfield firm, which dates back to 1914, into one of Alaska’s great law firms. That firm continues to operate today as Faulkner Banfield in Juneau and Holmes, Weddle and Barcott with offices in Anchorage, Seattle, Portland and San Diego. Mike Holmes, one of his partners, described Boochever as ‘‘the best trial lawyer in the State.’’ He served as president of both the Alaska and Juneau Bar Asso-ciations. \nVerDate Mar 15 2010 01:29 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\\CR\\FM\\G28JN6.019 S28JNPT1smartinez on DSK7SPTVN1PROD with SENATE CONGRESSIONAL RECORD — SENATE S4722 June 28, 2012 \nIn 1972, Judge Boochever was named \nto the Alaska Supreme Court and served as chief justice for three years. \nIn 1980, President Carter nominated Judge Boochever to the Ninth Circuit. In an oral history, Judge Boochever de-scribed himself as a champion of indi-vidual rights who was also sympathetic to the problems of law enforcement. His Ninth Circuit colleague, Judge Dorothy Wright Nelson, the former dean of the University of Southern California Law School, described Boochever as the best writer on the court. \nBut a distinguished legal career was \nbut one measure of this outstanding Alaskan. Judge Boochever was a gen-tleman who greeted women with the tip of a hat, a family man whose daughter would sing out loud, ‘‘Oh, we’re the happy Boochevers’’ to the tune of ‘‘Jolly Good Fellow,’’ an avid birdwatcher, a poet, a singer and a pi-anist. \nAccording to a 1997 tribute in the \nAlaska Bar Rag, he was ‘‘revered by his friends and neighbors as a dedicated advocate who championed causes that helped shape the Juneau community.’’ \nHe was the first chairman of the Ju-\nneau Planning Commission, a vocal op-ponent of efforts to move Alaska’s cap-ital out of Juneau, and a leader in the successful campaign to create the Uni-versity of Alaska Southeast in Auke Bay. Judge Boochever, and Connie, who predeceased him, were selected by the Juneau Rotary Club as Man and Woman of the Year. Connie will long be remembered as a champion of the arts in Juneau. What an outstanding team. \nOutstanding families are the product \nof outstanding patriarchs. Judge Boochever was the father of four out-standing daughters. Barbara, an avid skier, whose daughter Hillary Lindh, would grow up to be an Olympic silver medalist in downhill skiing; Linda, an Anchorage businesswoman; Mimi, a teacher nationally renowned for teach-ing the fine arts to young people; and Ann, a music teacher who cofounded two of Juneau’s finest restaurants. \nJudge Boochever was outstanding in \nevery respect. It is people like Judge Boochever who moved Alaska from the last frontier of the prestatehood period to the best place in America to live, work and raise a family. I am grateful for his significant contributions to the quality of life we today enjoy in the State of Alaska. That is why I was proud to cosponsor legislation naming the Juneau Federal courthouse in per-petuity for Judge Boochever. That is why I am proud to honor his life and legacy today. ∑ \nf \nRECOGNIZING THE ASPEN CENTER \nFOR PHYSICS \n∑Mr. UDALL of Colorado. Mr. Presi-\ndent, today I wish to congratulate the distinguished Aspen Center for Phys-ics, located in Aspen, CO, on the occa-sion of its 50th anniversary. I offer these congratulations on behalf of Sen-ator B\nENNET of Colorado as well. We would like to commend the Aspen \nCenter for Physics for their dedication and excellence in the field of theo-retical physics. Since the 1960s the Cen-ter has been one of the world’s fore-most research centers for the pursuit of basic scientific understanding on topics ranging from cosmology to bio-physics. \nWith Federal funding primarily from \nthe National Science Foundation and the support of dozens of corporate, in-stitutional, and individual sponsors, the Aspen Center for Physics has be-come an international hub for revolu-tionary physics research. More than 10,000 scientists, representing 65 coun-tries and including 52 Nobel Laureates, have participated in Center programs. They come to Aspen to converse with their peers, conduct groundbreaking research, and explore uncharted areas in theoretical physics. \nThe atmosphere created by the Aspen \nCenter for Physics is unique. While sur-rounded by beautiful landscapes, re-searchers are encouraged to participate \nin informal dialogue and pursue cre-ative and novel paths in their research, both individually and in collaborative groups. \nThe unstructured environment has \nbeen key to the exchange of ideas among the world’s best theoretical physicists, and it has led to impressive results: more than 10,000 scientific pa-pers and books have cited the Center’s influence. \nThe Center is also a good neighbor. \nFor more than 25 years, the Center has offered free public lectures on cutting- edge science to the community. It of-fers informative and interactive pro-grams designed to engage children in learning and get them excited about science. Physicists from the Center also visit local schools and serve as mentors for students. \nColorado is fortunate to be home to \nthe Aspen Center for Physics. Senator B\nENNET and I would like to congratu-\nlate them for an impressive first 50 years and wish them continued success for the next 50 years. ∑ \nf \nMESSAGES FROM THE PRESIDENT \nMessages from the President of the \nUnited States were communicated to the Senate by Mr. Thomas, one of his secretaries. \nf \nEXECUTIVE MESSAGES REFERRED \nAs in executive session the Presiding \nOfficer laid before the Senate messages from the President of the United States submitting sundry nominations and a withdrawal which were referred to the appropriate committees. \n(The messages received today are \nprinted at the end of the Senate pro-ceedings.) \nf \nMESSAGES FROM THE HOUSE \nENROLLED BILLS SIGNED \nAt 9:33 a.m., a message from the \nHouse of Representatives, delivered by Mr. Novotny, one of its reading clerks, \nannounced that the Speaker has signed the following enrolled bills: \nS. 3187. An act to amend the Federal Food, \nDrug, and Cosmetic Act to revise and extend the user-fee programs for prescription drugs and medical devices, to establish user-fee programs for generic drugs and biosimilars, and for other purposes. \nH.R. 33. An act to amend the Securities \nAct of 1933 to specify when certain securities issued in connection with church plans are treated as exempted securities for purposes of that Act. \nH.R. 2297. An act to promote the develop-\nment of the Southwest waterfront in the Dis-trict of Columbia, and for other purposes. \nThe enrolled bills were subsequently \nsigned by the President pro tempore (Mr. I\nNOUYE ). \nAt 10:20 a.m., a message from the \nHouse of Representatives, delivered by Mrs. Cole, one of its reading clerks, an-nounced that the House has passed the following bill, in which it requests the concurrence of the Senate: \nH.R. 4018. An act to improve the Public \nSafety Officers’ Benefits Program. \nf \nMEASURES REFERRED ON JUNE \n27, 2012 \nThe following bills were read the first \nand the second times by unanimous consent, and referred as indicated: \nH.R. 4223. An act to amend title 18, United \nStates Code, to prohibit theft of medical products, and for other purposes; to the Com-mittee on the Judiciary. \nH.R. 4850. An act to allow for innovations \nand alternative technologies that meet or exceed desired energy efficiency goals; to the Committee on Energy and Natural Re-sources. \nH.R. 5625. An act to reinstate and transfer \ncertain hydroelectric licenses and extend the deadline for commencement of construction of certain hydroelectric projects; to the Committee on Energy and Natural Re-sources. \nf \nMEASURES PLACED ON THE \nCALENDAR \nThe following bill was read the sec-\nond time, and placed on the calendar: \nS. 3342. A bill to improve information secu-\nrity, and for other purposes. \nf \nENROLLED BILL PRESENTED \nThe Secretary of the Senate reported \nthat on today, June 28, 2012, she had presented to the President of the United States the following enrolled bill: \nS. 3187. An act to amend the Federal Food, \nDrug, and Cosmetic Act to revise and extend the user-fee programs for prescription drugs and medical devices, to establish user-fee programs for generic drugs and biosimilars, and for other purposes. \nf \nEXECUTIVE AND OTHER \nCOMMUNICATIONS \nThe following communications were \nlaid before the Senate, together with accompanying papers, reports, and doc-uments, and were referred as indicated: \nVerDate Mar 15 2010 01:29 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\\CR\\FM\\G28JN6.001 S28JNPT1smartinez on DSK7SPTVN1PROD with SENATE CONGRESSIONAL RECORD — SENATE S4723 June 28, 2012 \nEC–6702. A communication from the Ad-\nministrator, Housing and Community Facili-ties Programs, Department of Agriculture, transmitting, pursuant to law, the report of a rule entitled ‘‘Reserve Account’’ (RIN0575– AC66) received in the Office of the President of the Senate on June 21, 2012; to the Com-mittee on Agriculture, Nutrition, and For-estry. \nEC–6703. A communication from the Acting \nBranch Chief, Food and Nutrition Service, Department of Agriculture, transmitting, pursuant to law, the report of a rule entitled ‘‘Certification of Compliance with Meal Re-quirements for the National School Lunch Program Under the Healthy, Hunger-Free Kids Act of 2010’’ (RIN0584–AE15) received in the Office of the President of the Senate on June 21, 2012; to the Committee on Agri-culture, Nutrition, and Forestry. \nEC–6704. A communication from the Acting \nAdministrator of the Fruit and Vegetable Programs, Agricultural Marketing Service, Department of Agriculture, transmitting, pursuant to law, the report of a rule entitled ‘‘Pistachios Grown in California, Arizona, and New Mexico; Order Amending Marketing Order No. 983’’ (Docket No. AMS–FV–10–0099; FV11–983–1 FR) received in the Office of the President of the Senate on June 27, 2012; to the Committee on Agriculture, Nutrition, and Forestry. \nEC–6705. A communication from the Ad-\nministrator of the Fruit and Vegetable Pro-grams, Agricultural Marketing Service, De-partment of Agriculture, transmitting, pur-suant to law, the report of a rule entitled ‘‘Domestic Dates Produced or Packed in Riv-erside County, CA; Order Amending Mar-keting Order 987’’ (Docket No. AMS–FV–10– 0025; FV10–987–1 FR) received in the Office of the President of the Senate on June 27, 2012; to the Committee on Agriculture, Nutrition, and Forestry. \nEC–6706. A communication from the Ad-\nministrator of the Fruit and Vegetable Pro-grams, Agricultural Marketing Service, De-partment of Agriculture, transmitting, pur-suant to law, the report of a rule entitled ‘‘Tart Cherries Grown in the States of Michi-gan, et al.; Final Free and Restricted Per-centages for the 2011–12 Crop Year for Tart Cherries’’ (Docket No. AMS–FV–11–0085; FV11–930–3 FR) received in the Office of the President of the Senate on June 27, 2012; to the Committee on Agriculture, Nutrition, and Forestry. \nEC–6707. A communication from the Under \nSecretary of Defense (Intelligence), trans-mitting, pursuant to law, a report relative to maintaining the EP–3E Airborne Reconnais-sance Integrated Electronic System and the Special Projects Aircraft platforms in a manner that meets all current requirements of the Commanders of the Combatant Com-mands (CCMDs); to the Committee on Armed Services. \nEC–6708. A communication from the Under \nSecretary of Defense (Intelligence), trans-mitting, pursuant to law, the annual report on the current and future military strategy of Iran; to the Committee on Armed Serv-ices. \nEC–6709. A communication from the Gen-\neral Counsel of the National Credit Union Administration, transmitting, pursuant to law, the report of a rule entitled ‘‘Guidelines for the Supervisory Review Committee’’ (12 CFR Chapter VII) received in the Office of the President of the Senate on June 26, 2012; to the Committee on Banking, Housing, and Urban Affairs. \nEC–6710. A communication from the Direc-\ntor, Office of Regulations, Social Security Administration, transmitting, pursuant to law, the report of a rule entitled ‘‘Extension of Expiration Dates for Several Body System Listings’’ (RIN0960–AH49) received in the Of-fice of the President of the Senate on June \n27, 2012; to the Committee on Finance. \nEC–6711. A communication from the Presi-\ndent of the United States, transmitting, pur-suant to law, notification of the designation of Irving A. Williamson as Chair of the United States International Trade Commis-sion; to the Committee on Finance. \nEC–6712. A communication from the Sec-\nretary of the Treasury, transmitting, pursu-ant to law, a report relative to certifying that Belgium has satisfactorily complied with its obligations under Article 25 (Ex-change of Information and Administrative Assistance); to the Committee on Finance. \nEC–6713. A communication from the Sec-\nretary of Health and Human Services, trans-mitting, pursuant to law, a report entitled ‘‘Plan to Implement a Medicare Skilled Nursing Facility Value-Based Purchasing Program’’; to the Committee on Finance. \nEC–6714. A communication from the Assist-\nant Secretary, Legislative Affairs, Depart-ment of State, transmitting certification of proposed issuance of an export license pursu-ant to sections 36(c) and 36(d) of the Arms Export Control Act (Transmittal No. DDTC 12–002); to the Committee on Foreign Rela-tions. \nEC–6715. A communication from the Assist-\nant Secretary, Legislative Affairs, Depart-ment of State, transmitting certification of proposed issuance of an export license pursu-ant to section 36(d) of the Arms Export Con-trol Act (Transmittal No. DDTC 12–043); to the Committee on Foreign Relations. \nEC–6716. A communication from the Acting \nSecretary of Commerce, transmitting, pursu-ant to law, a report relative to the export to the People’s Republic of China of items not detrimental to the U.S. space launch indus-try; to the Committee on Foreign Relations. \nEC–6717. A communication from the Assist-\nant General Counsel for Regulatory Services, Office of Special Education and Rehabilita-tive Services, Department of Education, transmitting, pursuant to law, the report of a rule entitled ‘‘National Institute on Dis-ability and Rehabilitation Research (NIDRR)—Disability and Rehabilitation Re-search Projects and Centers Program—Dis-ability and Rehabilitation Research Project—Burn Model Systems Centers’’ (CFDA No. 84.133A–3) received in the Office of the President of the Senate on June 25, 2012; to the Committee on Health, Education, Labor, and Pensions. \nEC–6718. A communication from the Assist-\nant General Counsel for Regulatory Services, Office of Special Education and Rehabilita-tive Services, Department of Education, transmitting, pursuant to law, the report of a rule entitled ‘‘National Institute on Dis-ability and Rehabilitation Research (NIDRR)—Disability and Rehabilitation Re-search Projects and Centers Program—Reha-bilitation Engineering Research Centers’’ (CFDA No. 84.133E–1 and 84.133E–3) received in the Office of the President of the Senate on June 25, 2012; to the Committee on Health, Education, Labor, and Pensions. \nEC–6719. A communication from the Chair-\nman of the Council of the District of Colum-bia, transmitting, pursuant to law, a report on D.C. Act 19–380, ‘‘District Department of Transportation Grant Authority Temporary Amendment Act of 2012’’; to the Committee on Homeland Security and Governmental Af-fairs. \nEC–6720. A communication from the Chair-\nman of the Council of the District of Colum-bia, transmitting, pursuant to law, a report on D.C. Act 19–384, ‘‘Youth Bullying Preven-tion Act of 2012’’; to the Committee on Homeland Security and Governmental Af-fairs. \nEC–6721. A communication from the Direc-\ntor, Office of Personnel Management, trans-mitting, pursuant to law, the Office’s Fed-\neral Equal Opportunity Recruitment Pro-gram Report for fiscal year 2011; to the Com-mittee on Homeland Security and Govern-mental Affairs. \nEC–6722. A communication from the Pre-\nsiding Governor of the Broadcasting Board of Governors, transmitting, pursuant to law, the Office of Inspector General’s Semiannual Report for the period of October 1, 2011 through March 31, 2012; to the Committee on Homeland Security and Governmental Af-fairs. \nEC–6723. A communication from the Direc-\ntor of the Regulation Policy and Manage-ment Office of the General Counsel, Veterans Health Administration, Department of Vet-erans Affairs, transmitting, pursuant to law, the report of a rule entitled ‘‘Autopsies at VA Expense’’ (RIN2900–AO03) received during adjournment of the Senate in the Office of the President of the Senate on June 22, 2012; to the Committee on Veterans’ Affairs. \nEC–6724. A communication from the Direc-\ntor of the Regulation Policy and Manage-ment Office of the General Counsel, Veterans Health Administration, Department of Vet-erans Affairs, transmitting, pursuant to law, the report of a rule entitled ‘‘VA Veteran- Owned Small Business Verification Guide-lines’’ (RIN2900–AO49) received in the Office of the President of the Senate on June 27, 2012; to the Committee on Veterans’ Affairs. \nEC–6725. A communication from the Asso-\nciate General Counsel, Office of the General Counsel, Department of Agriculture, trans-mitting, pursuant to law, (2) two reports rel-ative to vacancies in the Department of Ag-riculture received in the Office of the Presi-dent of the Senate on June 26, 2012; to the Committee on Agriculture, Nutrition, and Forestry. \nEC–6726. A communication from the Con-\ngressional Review Coordinator, Animal and Plant Health Inspection Service, Department of Agriculture, transmitting, pursuant to law, the report of a rule entitled ‘‘Importa-tion of Dracaena Plants From Costa Rica’’ ((RIN0579–AD54) (Docket No. APHIS–2011– 0073)) received in the Office of the President of the Senate on June 27, 2012; to the Com-mittee on Agriculture, Nutrition, and For-estry. \nEC–6727. A communication from the Direc-\ntor of the Regulatory Management Division, Environmental Protection Agency, transmit-ting, pursuant to law, the report of a rule en-titled ‘‘Cyflufenamid; Pesticide Tolerances’’ (FRL No. 9352–5) received in the Office of the President of the Senate on June 27, 2012; to the Committee on Agriculture, Nutrition, and Forestry. \nEC–6728. A communication from the Direc-\ntor of the Regulatory Management Division, Environmental Protection Agency, transmit-ting, pursuant to law, the report of a rule en-titled ‘‘Propiconazole; Pesticide Tolerances’’ (FRL No. 9350–9) received in the Office of the President of the Senate on June 27, 2012; to the Committee on Agriculture, Nutrition, and Forestry. \nEC–6729. A communication from the Solic-\nitor, Federal Labor Relations Authority, transmitting, pursuant to law, a report rel-ative to Section 939A of the Dodd-Frank Act regarding references to or requirements of reliance on credit ratings; to the Committee on Banking, Housing, and Urban Affairs. \nEC–6730. A communication from the Chair-\nman of the Board of Governors of the Federal Reserve System, transmitting, pursuant to law, a report on the remaining obstacles to the efficient and timely circulation of $1 coins; to the Committee on Banking, Hous-ing, and Urban Affairs. \nEC–6731. A communication from the Ad-\nministrator of the U.S. Energy Information Administration, Department of Energy, \nVerDate Mar 15 2010 02:17 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\\CR\\FM\\A28JN6.013 S28JNPT1smartinez on DSK7SPTVN1PROD with SENATE CONGRESSIONAL RECORD — SENATE S4724 June 28, 2012 \ntransmitting, pursuant to law, a report enti-\ntled ‘‘The Availability and Price of Petro-leum and Petroleum Products Produced in Countries Other Than Iran’’; to the Com-mittee on Energy and Natural Resources. \nEC–6732. A communication from the Direc-\ntor of the Regulatory Management Division, Environmental Protection Agency, transmit-ting, pursuant to law, the report of a rule en-titled ‘‘Approval and Promulgation of Air Quality Implementation Plans; Ohio; Re-gional Haze’’ (FRL No. 9683–4) received in the Office of the President of the Senate on June 27, 2012; to the Committee on Environment and Public Works. \nEC–6733. A communication from the Direc-\ntor of the Regulatory Management Division, Environmental Protection Agency, transmit-ting, pursuant to law, the report of a rule en-titled ‘‘Approval and Promulgation of Air Quality Implementation Plans; Indiana; Volatile Organic Compounds; Consumer Products’’ (FRL No. 9690–3) received in the Office of the President of the Senate on June 27, 2012; to the Committee on Environment and Public Works. \nEC–6734. A communication from the Direc-\ntor of the Regulatory Management Division, Environmental Protection Agency, transmit-ting, pursuant to law, the report of a rule en-titled ‘‘Approval and Promulgation of Imple-mentation Plans and Designations of Areas for Air Quality Planning Purposes; Missouri and Illinois; St. Louis Nonattainment Area; Determination of Attainment by Applicable Attainment Date for the 1997 Annual Fine Particulate Standards;’’ (FRL No. 9692–8) re-ceived in the Office of the President of the Senate on June 27, 2012; to the Committee on Environment and Public Works. \nEC–6735. A communication from the Direc-\ntor of the Regulatory Management Division, Environmental Protection Agency, transmit-ting, pursuant to law, the report of a rule en-titled ‘‘Approval and Promulgation of Imple-mentation Plans; Louisiana; Regional Haze State Implementation Plan’’ (FRL No. 9692– 3) received in the Office of the President of the Senate on June 27, 2012; to the Com-mittee on Environment and Public Works. \nEC–6736. A communication from the Direc-\ntor of the Regulatory Management Division, Environmental Protection Agency, transmit-ting, pursuant to law, the report of a rule en-titled ‘‘Approval and Promulgation of Imple-mentation Plans; State of Georgia; Regional Haze State Implementation Plan’’ (FRL No. 9692–1) received in the Office of the President of the Senate on June 27, 2012; to the Com-mittee on Environment and Public Works. \nEC–6737. A communication from the Direc-\ntor of the Regulatory Management Division, Environmental Protection Agency, transmit-ting, pursuant to law, the report of a rule en-titled ‘‘Revisions to the California State Im-plementation Plan, Mojave Desert Air Qual-ity Management District (MDAQMD) and Yolo-Solano Air Quality Management Dis-trict (YSAQMD)’’ (FRL No. 9686–6) received in the Office of the President of the Senate on June 27, 2012; to the Committee on Envi-ronment and Public Works. \nEC–6738. A communication from the Direc-\ntor of the Regulatory Management Division, Environmental Protection Agency, transmit-ting, pursuant to law, the report of a rule en-titled ‘‘Withdrawal of Direct Final Rule Re-vising the California State Implementation Plan, South Coast Air Quality Management District’’ (FRL No. 9690–9) received in the Of-fice of the President of the Senate on June 27, 2012; to the Committee on Environment and Public Works. \nEC–6739. A communication from the Chief \nof the Publications and Regulations Branch, Internal Revenue Service, Department of the Treasury, transmitting, pursuant to law, the report of a rule entitled ‘‘Credit for Carbon Dioxide Sequestration 2012 Section 45Q Infla-\ntion Adjustment Factor’’ (Notice 2012–42) re-ceived in the Office of the President of the Senate on June 27, 2012; to the Committee on Finance. \nEC–6740. A communication from the Chief \nof the Publications and Regulations Branch, Internal Revenue Service, Department of the Treasury, transmitting, pursuant to law, the report of a rule entitled ‘‘PTP-COD Income’’ (Notice 2012–28) received in the Office of the President of the Senate on June 27, 2012; to the Committee on Finance. \nEC–6741. A communication from the Chief \nof the Publications and Regulations Branch, Internal Revenue Service, Department of the Treasury, transmitting, pursuant to law, the report of a rule entitled ‘‘Modification to Consolidated Return Regulation Permitting an Election to Treat a Liquidation of a Tar-get, Followed by a Recontribution to a New Target, as a Cross-Chain Reorganization’’ (RIN1545–BI31) received in the Office of the President of the Senate on June 27, 2012; to the Committee on Finance. \nEC–6742. A communication from the Chief \nof the Publications and Regulations Branch, Internal Revenue Service, Department of the Treasury, transmitting, pursuant to law, the report of a rule entitled ‘‘Treatment of Over-all Foreign and Domestic Losses’’ (RIN1545– BH13) received in the Office of the President of the Senate on June 27, 2012; to the Com-mittee on Finance. \nEC–6743. A communication from the Chief \nof the Publications and Regulations Branch, Internal Revenue Service, Department of the Treasury, transmitting, pursuant to law, the report of a rule entitled ‘‘Disregarded Enti-ties and the Indoor Tanning Services Excise Tax’’ (RIN1545–BK39) received in the Office of the President of the Senate on June 27, 2012; to the Committee on Finance. \nEC–6744. A communication from the Chief \nof the Publications and Regulations Branch, Internal Revenue Service, Department of the Treasury, transmitting, pursuant to law, the report of a rule entitled ‘‘Election to Include in Gross Income in Year of Transfer’’ (Rev. Proc. 2012–29) received in the Office of the President of the Senate on June 27, 2012; to the Committee on Finance. \nEC–6745. A communication from the Sec-\nretary of Education, transmitting, pursuant to law, the Department’s Semiannual Report to Congress on Audit Follow-up for the pe-riod of October 1, 2011 through March 31, 2012; to the Committee on Homeland Security and Governmental Affairs. \nEC–6746. A communication from the Coun-\nsel for Regulatory and External Affairs, Fed-eral Labor Relations Board, transmitting, pursuant to law, the report of a rule entitled ‘‘Representation Proceedings, Unfair Labor Practice Proceedings, and Miscellaneous and General Requirements’’ (5 CFR Parts 2422, 2423, and 2429) received in the Office of the President of the Senate on June 27, 2012; to the Committee on Homeland Security and Governmental Affairs. \nEC–6747. A communication from the Acting \nDirector, Office of General Counsel and Legal Policy, Office of Government Ethics, transmitting, pursuant to law, the report of a rule entitled ‘‘Executive Branch Qualified Trusts’’ (RIN3209–AA00) received in the Of-fice of the President of the Senate on June \n27, 2012; to the Committee on Homeland Se-curity and Governmental Affairs. \nEC–6748. A communication from the Direc-\ntor of the Regulatory Management Division, Environmental Protection Agency, transmit-ting, pursuant to law, the report of a rule en-titled ‘‘Louisiana: Final Authorization of State Hazardous Waste Management Pro-gram Revision’’ (FRL No. 9692–7) received in the Office of the President of the Senate on June 27, 2012; to the Committee on Environ-ment and Public Works. \nINTRODUCTION OF BILLS AND \nJOINT RESOLUTIONS \nThe following bills and joint resolu-\ntions were introduced, read the first and second times by unanimous con-sent, and referred as indicated: \nBy Mr. BINGAMAN (for himself, Ms. \nSNOWE , and Mrs. F EINSTEIN ): \nS. 3352. A bill to amend the Internal Rev-\nenue Code of 1986 to improve and extend cer-tain energy-related tax provisions, and for other purposes; to the Committee on Fi-nance. \nBy Mr. BURR: \nS. 3353. A bill to amend title 38, United \nStates Code, to require States to recognize the military experience of veterans when issuing licenses and credentials to veterans, and for other purposes; to the Committee on Veterans’ Affairs. \nBy Mr. CASEY: \nS. 3354. A bill to authorize the Transition \nAssistance Advisor program of the Depart-ment of Defense, and for other purposes; to the Committee on Armed Services. \nBy Mr. BINGAMAN (for himself, Mr. \nK\nERRY , Mr. A KAKA , Mr. U DALL of New \nMexico, Mr. B ROWN of Ohio, Mr. L IE-\nBERMAN , Mr. P RYOR , Mr. M ENENDEZ , \nand Mr. D URBIN ): \nS. 3355. A bill to amend the Internal Rev-\nenue Code of 1986 to provide taxpayer protec-tion and assistance, and for other purposes; to the Committee on Finance. \nBy Mr. PORTMAN (for himself, Mr. \nU\nDALL of New Mexico, Mr. W HITE-\nHOUSE , and Ms. S NOWE ): \nS. 3356. A bill to strengthen the role of the \nUnited States in the international commu-nity of nations in conserving natural re-sources to further global prosperity and se-curity; to the Committee on Foreign Rela-tions. \nBy Mr. UDALL of New Mexico (for \nhimself and Mr. B\nINGAMAN ): \nS. 3357. A bill to authorize the Secretary of \nthe Interior to convey certain Federal land in San Juan County, New Mexico, and for other purposes; to the Committee on Energy and Natural Resources. \nBy Mr. CARDIN (for himself, Mr. K\nIRK, \nand Ms. M IKULSKI ): \nS. 3358. A bill to amend the Older Ameri-\ncans Act of 1965 to provide social services agencies with the resources to provide serv-ices to meet the unique needs of the Holo-caust survivors to age in place with dignity, comfort, security, and quality of life; to the Committee on Health, Education, Labor, and Pensions. \nBy Mr. PAUL: \nS. 3359. A bill to end the practice of includ-\ning more than one subject in a single bill by requiring that each bill enacted by Congress be limited to only one subject, and for other purposes; to the Committee on Rules and Ad-ministration. \nBy Mr. PAUL: \nS. 3360. A bill to preserve the constitu-\ntional authority of Congress and ensure ac-countability and transparency in legislation; to the Committee on Rules and Administra-tion. \nBy Mr. PAUL: \nS. 3361. A bill to end the unconstitutional \ndelegation of legislative power which was ex-clusively vested in the Senate and House of Representatives by article I, section 1 of the Constitution of the United States, and to di-rect the Comptroller General of the United States to issue a report to Congress detailing the extent of the problem of unconstitu-tional delegation to the end that such dele-gations can be phased out, thereby restoring the constitutional principle of separation of power set forth in the first sections of the \nVerDate Mar 15 2010 01:29 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\\CR\\FM\\A28JN6.015 S28JNPT1smartinez on DSK7SPTVN1PROD with SENATE CONGRESSIONAL RECORD — SENATE S4725 June 28, 2012 \nConstitution of the United States; to the \nCommittee on Homeland Security and Gov-ernmental Affairs. \nBy Mr. RUBIO (for himself, Mr. B\nLUNT , \nMr. C HAMBLISS , Mr. C ORNYN , Mr. \nDEMINT, Mrs. H UTCHISON , Mr. I NHOFE , \nMr. L EE, Mr. N ELSON of Florida, Mr. \nPAUL, Mr. R ISCH, and Mr. T HUNE ): \nS.J. Res. 46. A joint resolution providing \nfor congressional disapproval under chapter 8 of title 5, United States Code, of the rules submitted by the Department of the Treas-ury and the Internal Revenue Service relat-ing to the reporting requirements for inter-est that relates to deposits maintained at United States offices of certain financial in-stitutions and is paid to certain nonresident alien individuals; to the Committee on Fi-nance. \nf \nSUBMISSION OF CONCURRENT AND \nSENATE RESOLUTIONS \nThe following concurrent resolutions \nand Senate resolutions were read, and referred (or acted upon), as indicated: \nBy Mrs. GILLIBRAND: \nS. Res. 513. A resolution recognizing the \n200th anniversary of the War of 1812, which was fought between the United States of America and Great Britain beginning on June 18, 1812, in response to British viola-tions of neutral rights of the United States, seizure of ships of the United States, restric-tion of trade between the United States and other countries, and the impressment of sail-ors of the United States into the Royal Navy; to the Committee on the Judiciary. \nBy Mr. CARDIN (for himself and Ms. \nM\nIKULSKI ): \nS. Res. 514. A resolution commemorating \nthe victory of Loyola University Maryland in the 2012 NCAA Division I Men’s Lacrosse National Championship; considered and agreed to. \nBy Ms. MIKULSKI (for herself, Ms. \nC\nOLLINS , Ms. L ANDRIEU , Ms. S NOWE , \nMrs. F EINSTEIN , Ms. M URKOWSKI , Mrs. \nBOXER , Ms. C ANTWELL , Mrs. M URRAY , \nMs. S TABENOW , Ms. K LOBUCHAR , Mrs. \nSHAHEEN , Mrs. G ILLIBRAND , and Mrs. \nMCCASKILL ): \nS. Res. 515. A resolution honoring Catholic \nSisters for their contributions to the United States; to the Committee on the Judiciary. \nf \nADDITIONAL COSPONSORS \nS. 387 \nAt the request of Mrs. B OXER , the \nname of the Senator from Texas (Mrs. H\nUTCHISON ) was added as a cosponsor of \nS. 387, a bill to amend title 37, United States Code, to provide flexible spend-ing arrangements for members of uni-formed services, and for other pur-poses. \nS. 466 \nAt the request of Mr. N ELSON of Flor-\nida, the name of the Senator from Maryland (Ms. M\nIKULSKI ) was added as \na cosponsor of S. 466, a bill to provide for the restoration of legal rights for claimants under holocaust-era insur-ance policies. \nS. 534 \nAt the request of Mr. K ERRY , the \nname of the Senator from Connecticut (Mr. B\nLUMENTHAL ) was added as a co-\nsponsor of S. 534, a bill to amend the Internal Revenue Code of 1986 to pro-vide a reduced rate of excise tax on beer produced domestically by certain \nsmall producers. \nS. 539 \nAt the request of Mr. W HITEHOUSE , \nthe name of the Senator from New Hampshire (Mrs. S\nHAHEEN ) was added \nas a cosponsor of S. 539, a bill to amend the Public Health Services Act and the Social Security Act to extend health information technology assistance eli-gibility to behavioral health, mental health, and substance abuse profes-sionals and facilities, and for other purposes. \nS. 960 \nAt the request of Mr. K ERRY , the \nname of the Senator from Mississippi (Mr. W\nICKER ) was added as a cosponsor \nof S. 960, a bill to provide for a study on issues relating to access to intra-venous immune globulin (IVG) for Medicare beneficiaries in all care set-tings and a demonstration project to examine the benefits of providing cov-erage and payment for items and serv-ices necessary to administer IVG in the home. \nS. 974 \nAt the request of Ms. S NOWE , the \nname of the Senator from Maryland (Mr. C\nARDIN ) was added as a cosponsor \nof S. 974, a bill to amend the Internal Revenue Code of 1986 to expand the tip tax credit to employers of cosmetolo-gists and to promote tax compliance in the cosmetology sector. \nS. 1147 \nAt the request of Mr. B LUMENTHAL , \nthe name of the Senator from Ohio (Mr. B\nROWN ) was added as a cosponsor \nof S. 1147, a bill to amend the Depart-ment of Veterans Affairs Health Care Programs Enhancement Act of 2001 and title 38, United States Code, to require the provision of chiropractic care and service to veterans at all Department of Veterans Affairs medical centers and to expand access to such care and serv-ices, and for other purposes. \nS. 1251 \nAt the request of Mr. C ARPER , the \nname of the Senator from Maine (Ms. S\nNOWE ) was added as a cosponsor of S. \n1251, a bill to amend title XVIII and XIX of the Social Security Act to curb waste, fraud, and abuse in the Medicare and Medicaid programs. \nS. 1299 \nAt the request of Mr. M ORAN , the \nname of the Senator from Ohio (Mr. P\nORTMAN ) was added as a cosponsor of \nS. 1299, a bill to require the Secretary of the Treasury to mint coins in com-memoration of the centennial of the establishment of Lions Clubs Inter-national. \nS. 1591 \nAt the request of Mrs. G ILLIBRAND , \nthe name of the Senator from Rhode Is-land (Mr. R\nEED) was added as a cospon-\nsor of S. 1591, a bill to award a Congres-sional Gold Medal to Raoul Wallenberg, in recognition of his achievements and heroic actions dur-ing the Holocaust. \nAt the request of Mr. J\nOHANNS , the \nname of the Senator from Texas (Mr. CORNYN ) was added as a cosponsor of S. \n1591, supra. \nS. 1629 \nAt the request of Mrs. G ILLIBRAND , \nthe name of the Senator from Montana (Mr. B\nAUCUS ) was added as a cosponsor \nof S. 1629, a bill to amend title 38, United States Code, to clarify presump-tions relating to the exposure of cer-tain veterans who served in the vicin-ity of the Republic of Vietnam, and for other purposes. \nS. 1929 \nAt the request of Mr. B LUMENTHAL , \nthe names of the Senator from Ten-nessee (Mr. A\nLEXANDER ), the Senator \nfrom Delaware (Mr. C ARPER ), the Sen-\nator from Wisconsin (Mr. K OHL), the \nSenator from Rhode Island (Mr. R EED) \nand the Senator from Kansas (Mr. R OB-\nERTS ) were added as cosponsors of S. \n1929, a bill to require the Secretary of the Treasury to mint coins in com-memoration of Mark Twain. \nS. 1935 \nAt the request of Mrs. H AGAN , the \nname of the Senator from Arkansas (Mr. P\nRYOR ) was added as a cosponsor \nof S. 1935, a bill to require the Sec-retary of the Treasury to mint coins in recognition and celebration of the 75th anniversary of the establishment of the March of Dimes Foundation. \nS. 2104 \nAt the request of Mr. C ARDIN , the \nname of the Senator from New Mexico (Mr. U\nDALL ) was added as a cosponsor \nof S. 2104, a bill to amend the Water Resources Research Act of 1984 to reau-thorize grants for and require applied water supply research regarding the water resources research and tech-nology institutes established under that Act. \nS. 2165 \nAt the request of Mr. I SAKSON , the \nname of the Senator from South Caro-lina (Mr. G\nRAHAM ) was added as a co-\nsponsor of S. 2165, a bill to enhance strategic cooperation between the United States and Israel, and for other purposes. \nS. 2179 \nAt the request of Mr. W EBB, the name \nof the Senator from Texas (Mrs. H\nUTCHISON ) was added as a cosponsor of \nS. 2179, a bill to amend title 38, United States Code, to improve oversight of educational assistance provided under laws administered by the Secretary of Veterans Affairs and the Secretary of Defense, and for other purposes. \nS. 2189 \nAt the request of Mr. H ARKIN , the \nname of the Senator from Pennsyl-vania (Mr. C\nASEY ) was added as a co-\nsponsor of S. 2189, a bill to amend the Age Discrimination in Employment Act of 1967 and other laws to clarify ap-propriate standards for Federal anti-discrimination and antiretaliation claims, and for other purposes. \nS. 2620 \nAt the request of Mr. S CHUMER , the \nname of the Senator from Illinois (Mr. D\nURBIN ) was added as a cosponsor of S. \nVerDate Mar 15 2010 02:17 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\\CR\\FM\\A28JN6.017 S28JNPT1smartinez on DSK7SPTVN1PROD with SENATE CONGRESSIONAL RECORD — SENATE S4726 June 28, 2012 \n2620, a bill to amend title XVIII of the \nSocial Security Act to provide for an extension of the Medicare-dependent hospital (MDH) program and the in-creased payments under the Medicare low-volume hospital program. \nS. 2884 \nAt the request of Ms. S TABENOW , the \nnames of the Senator from Oregon (Mr. M\nERKLEY ) and the Senator from Illi-\nnois (Mr. D URBIN ) were added as co-\nsponsors of S. 2884, a bill to provide an incentive for businesses to bring jobs back to America. \nS. 3203 \nAt the request of Mr. L AUTENBERG , \nthe name of the Senator from Texas (Mrs. H\nUTCHISON ) was added as a co-\nsponsor of S. 3203, a bill to amend title 10, United States Code, to limit in-creases in the certain costs of health care services under the health care pro-grams of the Department of Defense, and for other purposes. \nS. 3204 \nAt the request of Mr. J OHANNS , the \nname of the Senator from Mississippi (Mr. W\nICKER ) was added as a cosponsor \nof S. 3204, a bill to address fee disclo-sure requirements under the Electronic Fund Transfer Act, and for other pur-poses. \nS. 3245 \nAt the request of Mr. L EAHY , the \nnames of the Senator from Wisconsin (Mr. K\nOHL), the Senator from Utah (Mr. \nHATCH ), the Senator from Florida (Mr. \nRUBIO), the Senator from New York \n(Mr. S CHUMER ), the Senator from Utah \n(Mr. L EE) and the Senator from North \nDakota (Mr. C ONRAD ) were added as co-\nsponsors of S. 3245, a bill to perma-nently reauthorize the EB-5 Regional Center Program, the E-Verify Pro-gram, the Special Immigrant Nonmin-ister Religious Worker Program, and the Conrad State 30 J-1 Visa Waiver Program. \nS. 3290 \nAt the request of Mr. V ITTER , the \nname of the Senator from Iowa (Mr. G\nRASSLEY ) was added as a cosponsor of \nS. 3290, a bill to prohibit discrimina-tion against the unborn on the basis of sex or gender, and for other purposes. \nS. 3308 \nAt the request of Mr. H ELLER , the \nname of the Senator from Kansas (Mr. M\nORAN ) was added as a cosponsor of S. \n3308, a bill to amend title 38, United States Code, to improve the furnishing of benefits for homeless veterans who are women or who have dependents, and for other purposes. \nS. 3320 \nAt the request of Mr. B INGAMAN , the \nnames of the Senator from Colorado (Mr. B\nENNET ) and the Senator from \nMontana (Mr. T ESTER ) were added as \ncosponsors of S. 3320, a bill to authorize the Administrator of the Federal Emergency Management Agency to waive the 30-day waiting period for flood insurance policies purchased for private properties affected by wildfire on Federal lands. S.J. RES. 45 \nAt the request of Mrs. H UTCHISON , the \nnames of the Senator from Mississippi (Mr. C\nOCHRAN ) and the Senator from \nMississippi (Mr. W ICKER ) were added as \ncosponsors of S.J. Res. 45, a joint reso-lution amending title 36, United States Code, to designate June 19 as ‘‘Juneteenth Independence Day’’. \nS. RES. 150 \nAt the request of Mr. I NHOFE , the \nname of the Senator from Missouri (Mr. B\nLUNT ) was added as a cosponsor \nof S. Res. 150, a resolution calling for the protection of religious minority rights and freedoms in the Arab world. \nf \nSTATEMENTS ON INTRODUCED \nBILLS AND JOINT RESOLUTIONS \nBy Mr. CARDIN (for himself, Mr. \nKIRK, and Ms. M IKULSKI ): \nS. 3358. A bill to amend the Older \nAmericans Act of 1965 to provide social services agencies with the resources to provide services to meet the unique needs of the Holocaust survivors to age in place with dignity, comfort, secu-rity, and quality of life; to the Com-mittee on Health, Education, Labor, and Pensions. \nMr. CARDIN. Mr. President, I rise \ntoday on behalf of myself and Senators K\nIRKand M IKULSKI to introduce the \nResponding to Urgent needs of Sur-vivors of the Holocaust Act or the RUSH Act. \nOur bill will provide needed protec-\ntions for survivors of the Holocaust who managed to make it to the United States after years of prolonged terror, abuse, and desperation. Millions fled from the cruelty of the Nazi regime be-tween 1933 and 1945, from territories annexed, invaded or occupied by Nazi Germany and from their Axis partner countries in Europe as well. \nMillions of others were killed during \nthe Holocaust, exterminated by a ruth-less machine propagated by the Nazi party. Those who escaped the terror of the Nazi regime carried with them ex-periences that can never be forgotten, and have adversely affected their abil-ity to cope with institutionalized set-tings. \nMany Holocaust survivors living in \nthe United States would prefer to spend their days at home with their families, rather than being moved into settings where they lose autonomy, privacy, and control, which can bring back painful trauma from their experi-ences under Nazi rule. This bill would amend the Older Americans Act to en-sure that Holocaust survivors can bet-ter access needed services, such as health care and nutrition services, without having to live in a nursing or assisted living facility. \nAs of 2010, there were approximately \n127,000 Holocaust survivors living in the United States, and more than three quarters of them are over age 75, with a majority in their 80s and 90s. By fo-cusing on home and community-based long-term care, we can help ensure that fewer survivors are dependent on the unpaid support of family care-\ngivers, or have to resort to unnecessary institutionalization. \nAll aging Americans deserve access \nto needed community supports and services in comfortable settings that \nare neither mentally nor physically traumatizing. These great Americans deserve our efforts to ensure that they are better able to age in place. I ask my colleagues to join me in support of this bill. \nf \nSUBMITTED RESOLUTIONS \nSENATE RESOLUTION 513—RECOG-\nNIZING THE 200TH ANNIVERSARY OF THE WAR OF 1812, WHICH WAS FOUGHT BETWEEN THE UNITED STATES OF AMERICA AND GREAT BRITAIN BEGINNING ON JUNE 18, 1812, IN RESPONSE TO BRITISH VIOLATIONS OF NEU-TRAL RIGHTS OF THE UNITED STATES, SEIZURE OF SHIPS OF THE UNITED STATES, RESTRIC-TION OF TRADE BETWEEN THE UNITED STATES AND OTHER COUNTRIES, AND THE IMPRESS-MENT OF SAILORS OF THE UNITED STATES INTO THE ROYAL NAVY \nMrs. GILLIBRAND submitted the fol-\nlowing resolution; which was referred to the Committee on the Judiciary: \nS. R ES. 513 \nWhereas in standing up to the British, and \nfighting the conquerors of Napoleon to a draw, the War of 1812 revived flagging na-tionalism, cleared the way for expanded overseas trade, and ended an era of introver-sion by the United States; \nWhereas most of the public buildings of \nWashington, D.C. were set alight, including the White House and the Capitol; \nWhereas Sackets Harbor, New York, on the \neastern shore of Lake Ontario, was the site of more naval construction during the war than anywhere else; \nWhereas the war came to the State of New \nYork in late December 1813 when the village of Black Rock, located 2 miles below Buffalo on the front lines of the war, was torched by the British and only 1 house was spared; \nWhereas Buffalo, of which it is said that \n‘‘no other town in the United States saw more of the war’’, came under regular siege from the British and was ultimately burned despite assurances that private property would be spared; \nWhereas the British capture of Fort Niag-\nara, in a surprise night offensive on Decem-ber 18, 1813, provided control over the mouth of the Niagara River to the British as well as the launching pad for its attacks on Buffalo and Black Rock; \nWhereas the town of Lewiston, New York, \nwhich served as the headquarters for the United States Army during its attack across the river at Queenston, Ontario, was the tar-get of British retaliation in December 1813, resulting in the deaths of many civilians and the destruction of all buildings; \nWhereas despite being outnumbered 30 to 1, \nmembers of the Tuscarora Nation offered the first resistance the British and Mohawk al-lies had seen, saving the lives of dozens of Lewiston citizens by allowing them to escape the attack; \nWhereas Jacob Brown, a pioneer settler in \nthe Black River country of upstate New \nVerDate Mar 15 2010 01:29 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\\CR\\FM\\A28JN6.012 S28JNPT1smartinez on DSK7SPTVN1PROD with SENATE CONGRESSIONAL RECORD — SENATE S4727 June 28, 2012 \nYork and a general in the New York Militia, \nled the successful defense of Fort Erie in the late summer of 1814, which lifted the sprits of the people of the United States at an im-portant time and resulted in Brown emerg-ing from the war a national hero; \nWhereas the British plan to invade from \nthe North, in a manner similar to that of General John Burgoyne in 1777, was halted at Plattsburgh, New York in September 1814; \nWhereas the victory at Plattsburgh shat-\ntered any hopes of British gains in the North, helped maintain national morale after Washington was sacked in that dark summer of 1814, and was described by Win-ston Churchill as the ‘‘most decisive engage-ment of the war’’; \nWhereas from the death and destruction of \nthe War of 1812 there was born a spirit of co-operation and a vision of peace between the United States and Canada; \nWhereas the unparalleled cooperation, \nprosperity, and friendship that developed be-tween the United States and Canada since the War of 1812 find the deepest roots and daily expressions in the border communities across upstate New York, which was the front line of the War of 1812; \nWhereas the bicentennial of the War of 1812 \noffers an exceptional opportunity to ac-knowledge and celebrate the true and lasting legacy of 200 years of peace between the United States and Canada; and \nWhereas through the turmoil of war, a \nyoung nation endured and saw its banner continue to wave over a land free and brave: Now, therefore, be it \nResolved, That the Senate recognizes the \n200th anniversary of the War of 1812. \nf \nSENATE RESOLUTION 514—COM-\nMEMORATING THE VICTORY OF LOYOLA UNIVERSITY MARYLAND IN THE 2012 NCAA DIVISION I MEN’S LACROSSE NATIONAL CHAMPIONSHIP \nMr. CARDIN (for himself and Ms. M\nI-\nKULSKI ) submitted the following resolu-\ntion; which was considered and agreed to: \nS. R ES. 514 \nWhereas on May 28, 2012, Loyola University \nMaryland won its first NCAA Division I Men’s Lacrosse National Championship and the first Division I national title in the his-tory of the school; \nWhereas Loyola is the smallest school in \nNCAA history to win the Division I Men’s Lacrosse National Championship, with only 3,863 undergraduate students; \nWhereas the Loyola Greyhounds finished \nthe men’s lacrosse season with a record of 18 wins and 1 loss; \nWhereas the Loyola Greyhounds set a \nNCAA record for the fewest goals allowed during a men’s lacrosse championship game; \nWhereas 5 members of the Loyola Grey-\nhounds, Joe Fletcher, Josh Hawkins, Eric Lusby, Scott Ratliff, and Jack Runkel, were named members of the All-Tournament team; \nWhereas Loyola senior Eric Lusby was \nnamed the Most Outstanding Player of the 2012 NCAA Division I Men’s Lacrosse Na-tional Championship after scoring 4 goals in the title game, while also setting a tour-nament record with a total of 17 goals in 4 games; \nWhereas sophomore goalie Jack Runkel \nhad 6 saves in the championship game, hold-ing the University of Maryland to only 3 goals; \nWhereas the 18 wins by the Loyola Grey-\nhounds this season set a program record; Whereas Loyola became just the ninth \nteam to win an NCAA Division I Men’s La-crosse National Championship since the first championship was held in 1971; \nWhereas the Loyola Greyhounds secured \ntheir victory in only their second appearance in a national championship, having been de-feated by Syracuse in 1990; \nWhereas the vision and leadership of the \nRev. Brian Linnane, S.J. and Jim Paquette, Loyola University’s President and Athletic Director, respectively, were instrumental in bringing academic and athletic success, as well as national recognition, to Loyola Uni-versity Maryland; and \nWhereas the 2012 Loyola University Mary-\nland men’s lacrosse team has brought great honor and pride to their university, the State of Maryland, and the United States: Now, therefore, be it \nResolved, That the Senate— \n(1) congratulates the Loyola University \nMaryland Greyhounds for winning the 2012 NCAA Division I Men’s Lacrosse National Championship; \n(2) recognizes the achievements of the \nplayers, coaches, students, and staff whose hard work and dedication were key to Loyola’s victory in the championship game; and \n(3) requests the Secretary of the Senate to \ntransmit for appropriate display an enrolled copy of this resolution to Loyola University President Rev. Brian Linnane, S.J. and Loy-ola University Men’s Lacrosse Head Coach Charley Toomey. \nf \nSENATE RESOLUTION 515—HON-\nORING CATHOLIC SISTERS FOR THEIR CONTRIBUTIONS TO THE UNITED STATES \nMs. MIKULSKI (for herself, Ms. C\nOL-\nLINS, Ms. L ANDRIEU , Ms. S NOWE , Mrs. \nFEINSTEIN , Ms. M URKOWSKI , Mrs. \nBOXER , Ms. C ANTWELL , Mrs. M URRAY , \nMs. S TABENOW , Ms. K LOBUCHAR , Mrs. \nSHAHEEN , Mrs. G ILLIBRAND , and Mrs. \nMCCASKILL ) submitted the following \nresolution; which was referred to the Committee on the Judiciary: \nS. R ES. 515 \nWhereas approximately 220,000 Catholic \nSisters have served in the United States be-ginning even before the Nation’s founding; \nWhereas approximately 57,000 Catholic Sis-\nters serve in the United States today; \nWhereas Catholic Sisters are women who \ndedicate their lives to God by serving God’s people, especially the poor, the sick, and the marginalized; \nWhereas, fortified by a deep faith in God \nand an unwavering commitment to the com-mon good, American nuns built the Catholic Church in the United States through their ministry to the vulnerable, the sick, and the poor; \nWhereas individuals trained by the Catho-\nlic Sisters serve as health providers in com-munities across the Nation; \nWhereas Catholic hospitals treated ap-\nproximately one in 6 patients in the United States; \nWhereas Catholic Sisters helped establish \nthe Nation’s largest private school system and founded more than 150 colleges and uni-versities and educated millions of young peo-ple in the United States; \nWhereas, since 1980, 9 Catholic Sisters from \nthe United States have been martyred while working for social justice and human rights overseas; \nWhereas Catholic Sisters who have an-\nswered the call of the Second Vatican Coun-cil to seek ‘‘justice in the world’’ continue the vital mission of teaching our children in \nschools, healing the sick in hospitals, feed-ing the hungry, sheltering the homeless, ad-ministering major institutions, encouraging corporate responsibility, and advocating for public policies that honor human dignity; and \nWhereas the congregations of women reli-\ngious, along with their respective organiza-tions, make the United States stronger and deserve our deepest appreciation: Now, therefore, be it \nResolved, That the Senate— \n(1) recognizes and commends the Catholic \nSisters of the United States, whose inspiring legacy of service enriches the Nation; \n(2) honors the contributions of Catholic \nSisters to the Nation; and \n(3) stands in solidarity with Catholic Sis-\nters in their work toward a more just society for all of God’s people. \nf \nAMENDMENTS SUBMITTED AND \nPROPOSED \nSA 2488. Mrs. MURRAY (for herself, Mr. \nMCCAIN, Mr. L EVIN, Mr. L IEBERMAN , Ms. \nAYOTTE , Mr. C ONRAD , Mr. G RAHAM , Mr. \nINHOFE , Ms. C OLLINS , and Mr. S ESSIONS ) sub-\nmitted an amendment intended to be pro-posed by her to the bill S. 1940, to amend the National Flood Insurance Act of 1968, to re-store the financial solvency of the flood in-surance fund, and for other purposes; which was ordered to lie on the table. \nf \nTEXT OF AMENDMENTS \nSA 2488. Mrs. MURRAY (for herself, \nMr. M CCAIN, Mr. L EVIN, Mr. L IEBER -\nMAN, Ms. A YOTTE , Mr. C ONRAD , Mr. \nGRAHAM , Mr. I NHOFE , Ms. C OLLINS , and \nMr. S ESSIONS ) submitted an amend-\nment intended to be proposed by her to the bill S. 1940, to amend the National Flood Insurance Act of 1968, to restore the financial solvency of the flood in-surance fund, and for other purposes; which was ordered to lie on the table; as follows: \nAt the appropriate place, insert the fol-\nlowing: \nSEC. ll. REPORTS ON EFFECTS OF DEFENSE \nAND NONDEFENSE BUDGET SEQUES-TRATION. \n(a) F INDINGS .—Congress makes the fol-\nlowing findings: \n(1) The inability of the Joint Select Com-\nmittee on Deficit Reduction to find $1,200,000,000,000 in savings will trigger auto-matic funding reductions known as ‘‘seques-tration’’ to raise an equivalent level of sav-ings between fiscal years 2013 and 2021. \n(2) These savings are in addition to \n$900,000,000,000 in deficit reduction resulting from discretionary spending limits estab-lished by the Budget Control Act of 2011. \n(b) R\nEPORTS .— \n(1) R EPORT BY THE DIRECTOR OF THE OFFICE \nOF MANAGEMENT AND BUDGET .— \n(A) I N GENERAL .—Not later than 90 days \nafter the date of enactment of this Act, or November 30, 2012, whichever is earlier, the Director of the Office of Management and Budget shall submit a report to the Commit-tees on Appropriations and the Budget of the House of Representatives and the Senate with respect to a sequestration under section 251(a) of the Balanced Budget and Emergency Deficit Control Act of 1985. \n(B) E\nLEMENTS .—The report required by \nsubparagraph (A) shall include the following: \n(i) Each account that would be subject to \nsuch a sequestration. \nVerDate Mar 15 2010 01:29 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\\CR\\FM\\A28JN6.021 S28JNPT1smartinez on DSK7SPTVN1PROD with SENATE CONGRESSIONAL RECORD — SENATE S4728 June 28, 2012 \n(ii) Each account that would be subject to \nsuch a sequestration but subject to a special rule under section 255 or 256 of the Balanced Budget and Emergency Deficit Control Act of 1985 (and the citation to such rule). \n(iii) Each account that would be exempt \nfrom such a sequestration. \n(C) C\nATEGORIZE AND GROUP .—The report re-\nquired under this paragraph shall categorize and group the listed accounts by the appro-priations Act covering such accounts \n(2) R\nEPORT BY THE PRESIDENT .— \n(A) I N GENERAL .—Not later than 60 days \nafter the date of the enactment of this Act or by October 30, 2012, whichever is earlier, the President shall submit to Congress a de-tailed report on the sequestration required by paragraphs (7)(A) and (8) of section 251A of the Balanced Budget and Emergency Def-icit Control Act of 1985 (2 U.S.C. 901a) for fis-cal year 2013 using enacted levels of appro-priations for accounts funded pursuant to an enacted regular appropriations bill for fiscal year 2013, and a rate for operations as pro-vided in the applicable appropriations Acts for fiscal year 2012 and under the authority and conditions provided in such Acts for ac-counts not funded through an enacted appro-priations measure for fiscal year 2013. \n(B) E\nLEMENTS .—The reports required by \nsubparagraph (A) shall include— \n(i) for discretionary appropriations— (I) an estimate for each category, of the se-\nquestration percentages and amounts nec-essary to achieve the required reduction; and \n(II) an identification of each account to be \nsequestered and estimates of the level of sequestrable budgetary resources and the amount of budgetary resources to be seques-tered at the program, project, and activity level; \n(ii) for non-defense discretionary spending \nonly— \n(I) a list of the programs, projects, and ac-\ntivities that would be reduced or terminated; \n(II) an assessment of the jobs lost directly \nthough program and personnel cuts; \n(III) an estimate of the impact program \ncuts would have on the long-term competi-tiveness of the United States and its ability to maintain its lead in research and develop-ment, as well as the impact on our national goal to graduate the most students with de-grees in in-demand fields; \n(IV) an assessment of the impact of pro-\ngram cuts to education funding across the country, including estimates on teaching jobs lost, the number of students cut off pro-grams they depend on, and education re-sources lost by States and local educational agencies; \n(V) an analysis of the impact of cuts to \nprograms middle class families and the most vulnerable families depend on, including es-timates of how many families would lose ac-cess to support for children, housing and nu-trition assistance, and skills training to help workers get better jobs; \n(VI) an analysis of the impact on small \nbusiness owners’ ability to access credit and support to expand and create jobs; \n(VII) an assessment of the impact to public \nsafety, including an estimate of the reduc-tion of police officers, emergency medical technicians, and firefighters; \n(VIII) a review of the health and safety im-\npact of cuts on communities, including the impact on food safety, national border secu-rity, and environmental cleanup; \n(IX) an assessment of the impact of seques-\ntration on environmental programs that pro-tect the Nation’s air and water, and safe-guard children and families; \n(X) assessment of the impact of sequestra-\ntion on the Nation’s infrastructure, includ-ing how cuts would harm the ability of States and communities to invest in roads, bridges, and waterways. (XI) an assessment of the impact on ongo-\ning government operations and the safety of Federal Government personnel; \n(XII) a detailed estimate of the reduction \nin force of civilian personnel as a result of sequestration, including the estimated tim-ing of such reduction in force actions and the timing of reduction in force notifications thereof; and \n(XIII) an estimate of the number and value \nof all contracts that may be terminated, re-structured, or revised in scope as a result of sequestration, including an estimate of po-tential termination costs and of increased contract costs due to renegotiation and rein-statement of contracts; \n(iii) for direct spending— (I) an estimate for the defense and non-\ndefense functions based on current law of the sequestration percentages and amount nec-essary to achieve the required reduction; \n(II) a specific identification of the reduc-\ntions required for each nonexempt direct spending account at the program, project, and activity level; and \n(III) a specific identification of exempt di-\nrect spending accounts at the program, project, and activity level; and \n(iv) any other data or information that \nwould enhance public understanding of the sequester and its effect on the defense and nondefense functions of the Federal Govern-ment including the impact on essential pub-lic safety responsibilities such as— \n(I) the impact on essential public safety re-\nsponsibilities such as homeland security, food safety, and air traffic control activities; \n(II) an assessment of the impact of cuts to \nprograms that the Nation’s farmers rely on to help them through difficult economic times; and \n(III) an assessment of the impact of Medi-\ncare cuts to the ability for seniors to access care. \n(3) R\nEPORT BY THE SECRETARY OF DE -\nFENSE .— \n(A) I N GENERAL .—Not later than August 15, \n2012, the Secretary of Defense shall submit to Congress a report on the impact on na-tional defense accounts of the sequestration required by paragraphs (7)(A) and (8) of sec-tion 251A of the Balanced Budget and Emer-gency Deficit Control Act of 1985 (2 U.S.C. 901a) using enacted levels of appropriations for accounts funded pursuant to an enacted regular appropriations bill for fiscal year 2013, and a rate for operations as provided in the applicable appropriations Acts for fiscal year 2012 and under the authority and condi-tions provided in such Acts for accounts not funded through an enacted appropriations \nmeasure for fiscal year 2013. \n(B) E\nLEMENTS OF THE DEFENSE REPORTS .— \nThe report required by subparagraph (A) shall include the following: \n(i) An assessment of the impact on ongoing \noperations and the safety of United States military and civilian personnel. \n(ii) An assessment of the impact on the \nreadiness of the Armed Forces, including im-pacts to steaming hours, flying hours, and full spectrum training miles, and an esti-mate of the increase or decrease in readiness (as defined in the C status C–1 through C–5). \n(iii) A detailed estimate of the reduction in \nforce of civilian personnel, including the es-timated timing of such reduction in force ac-tions and timing of reduction in force notifi-cations thereof. \n(iv) An estimate of the number and value \nof all contracts that will be terminated, re-structured, or revised in scope, including an estimate of potential termination costs and of increased contract costs due to renegoti-ation and reinstatement of contracts. \n(v) An assessment of the impact on the \nability of the Department of Defense to carry out the National Military Strategy of the United States, and any changes to the \nmost recent Risk Assessment of the Chair-man of the Joint Chiefs of Staff under sec-tion 153(b) of title 10, United States Code, arising from sequestration. \nf \nAUTHORITY FOR COMMITTEES TO \nMEET \nCOMMITTEE ON COMMERCE , SCIENCE , AND \nTRANSPORTATION \nMr. UDALL of New Mexico. Mr. \nPresident, I ask unanimous consent that the Committee on Commerce, Science, and Transportation be author-ized to meet during the session of the Senate on June 28, 2012, at 10 a.m. in room 253 of the Russell Senate Office Building. \nThe Committee will hold a hearing \nentitled, ‘‘The Need for Privacy Protec-tions: Is Industry Self-Regulation Ade-quate?’’ \nThe PRESIDING OFFICER. Without \nobjection, it is so ordered. \nCOMMITTEE ON ENERGY AND NATURAL \nRESOURCES \nMr. UDALL of New Mexico. Mr. \nPresident, I ask unanimous consent that the Committee on Energy and Natural Resources be authorized to meet during the session of the Senate on June 28, 2012, at 9:30 a.m. in room 366 of the Dirksen Senate Office Build-ing. \nThe PRESIDING OFFICER. Without \nobjection, it is so ordered. \nCOMMITTEE ON FOREIGN RELATIONS \nMr. UDALL of New Mexico. Mr. \nPresident, I ask unanimous consent that the Committee on Foreign Rela-tions be authorized to meet during the session of the Senate on June 28, 2012, at 9:30 a.m., to hold a hearing entitled, ‘‘The Law of the Sea Convention (Trea-ty Doc. 103–39): Perspectives from Busi-ness and Industry.’’ \nThe PRESIDING OFFICER. Without \nobjection, it is so ordered. \nCOMMITTEE ON INDIAN AFFAIRS \nMr. UDALL of New Mexico. Mr. \nPresident, I ask unanimous consent that the Committee on Indian Affairs be authorized to meet during the ses-sion of the Senate on June 28, 2012, in room SD–628 of the Dirksen Senate Of-fice Building, at 2:15 p.m. \nThe PRESIDING OFFICER. Without \nobjection, it is so ordered. \nCOMMITTEE ON THE JUDICIARY \nMr. UDALL of New Mexico. Mr. \nPresident, I ask unanimous consent that the Committee on the Judiciary be authorized to meet during the ses-sion of the Senate, on June 28, 2012, at 11 a.m., in SD–226 of the Dirksen Sen-ate Office Building, to conduct an exec-utive business meeting. \nThe PRESIDING OFFICER. Without \nobjection, it is so ordered. \nSELECT COMMITTEE ON INTELLIGENCE \nMr. UDALL of New Mexico. Mr. \nPresident, I ask unanimous consent that the Select Committee on Intel-ligence be authorized to meet during the session of the Senate on June 28, 2012, at 2:30 p.m. \nVerDate Mar 15 2010 01:29 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\\CR\\FM\\A28JN6.029 S28JNPT1smartinez on DSK7SPTVN1PROD with SENATE CONGRESSIONAL RECORD — SENATE S4729 June 28, 2012 \nThe PRESIDING OFFICER. Without \nobjection, it is so ordered. \nAFRICAN AFFAIRS SUBCOMMITTEE \nMr. UDALL of New Mexico. Mr. \nPresident, I ask unanimous consent that the Committee on Foreign Rela-tions be authorized to meet during the session of the Session on June 18, 2012, at 2:30 p.m., to hold an African Affairs subcommittee hearing entitled, ‘‘Eco-nomic Statecraft: Embracing Africa’s Market Potential.’’ \nThe PRESIDING OFFICER. Without \nobjection, it is so ordered. \nf \nPRIVILEGES OF THE FLOOR \nMr. HARKIN. Mr. President, I ask \nunanimous consent that Chris Ledoux, a detailee on Senator J\nOHNSON ’s Bank-\ning Committee staff, be granted floor privileges for the remainder of today’s session. \nThe PRESIDING OFFICER. Without \nobjection, it is so ordered. \nMs. LANDRIEU. Mr. President, I ask \nunanimous consent that John Bolanos be granted the privilege of the floor for the remainder of today’s session. \nThe PRESIDING OFFICER. Without \nobjection, it is so ordered. \nMr. REED. Mr. President, I ask unan-\nimous consent that members of Sen-ator B\nINGAMAN ’s staff—Lisa Peterkin, \nJames Anderson, Bijan Peters, Kendra Doychak, and Eugenia Woods—be granted the privileges of the floor for the pendency of today, Thursday, June, 28, 2012. \nThe PRESIDING OFFICER. Without \nobjection, it is so ordered. \nf \nNOTICE: REGISTRATION OF MASS \nMAILINGS \nThe filing date for the 2012 second \nquarter Mass Mailing report is Wednes-day, July 25, 2012. If your office did no mass mailings during this period, please submit a form that states ‘‘none.’’ \nMass mailing registrations, or nega-\ntive reports, should be submitted to the Senate Office of Public Records, 232 Hart Building, Washington, D.C. 20510– 7116. \nThe Senate Office of Public Records \nwill be open from 9:00 a.m. to 6:00 p.m. on the filing date to accept these fil-ings. For further information, please contact the Senate Office of Public Records at (202) 224–0322. \nf \nCOMMEMORATING THE VICTORY \nOF LOYOLA UNIVERSITY MARY-LAND \nMr. REID. I ask unanimous consent \nthe Senate proceed to S. Res. 514. \nThe PRESIDING OFFICER. The \nclerk will report the resolution by title. \nThe legislative clerk read as follows. \nA resolution, (S. Res. 514) commemorating \nthe victory of Loyola University Maryland in the 2012 NCAA Division I Men’s Lacrosse National Championship. There being no objection, the Senate \nproceeded to consider the resolution. \nMr. CARDIN. Mr. President, I rise \ntoday to recognize and commemorate Loyola University of Maryland’s vic-tory in the 2012 NCAA Men’s Lacrosse Championship and to honor the play-ers, coaches, and administrators who helped to secure Loyola’s first Division I National Championship. \nFor much of recent history, NCAA \nDivision I Lacrosse has been dominated by a small group of eight, elite pro-grams. But last month, a Jesuit uni-versity on Charles Street in downtown Baltimore became the smallest school ever to win a Division I National Championship. Loyola joins the ranks of such universities as Johns Hopkins University, the University of Mary-land, Syracuse, and Cornell, in becom-ing just the ninth team to win a cham-pionship since the event’s creation in 1971. \nThis year’s Division I National \nChampionship set the stage for an afternoon of record-shattering lacrosse. The Greyhound defense and goalkeeper Jack Runkel set a new NCAA Division I record for fewest goals allowed in a national championship game, giving up only three goals despite a barrage of nearly thirty shots taken by the highly motivated University of Maryland of-fense. \nLoyola University’s star offensive \nplayer, Eric Lusby, had a busy day as well. He scored four goals in the cham-pionship game, bringing his total to 17 during the final four games of the sea-son, setting a new NCAA tournament record. He also broke Loyola’s single season scoring record with a total of 54 goals. \nLoyola University players were not \nthe only ones to break records last month. Head Coach Charley Toomey became the first coach ever to win an NCAA title on his first trip to the NCAA tournament. With 18 wins and only one loss, the players and coaches of the 2012 Greyhounds lacrosse team have firmly cemented themselves as the most successful team in Loyola’s history. The team’s achievements are even more impressive when you con-sider that the Greyhounds started the season as an unranked team. \nLacrosse has long played a central \nrole in the athletic culture of Mary-land, and I am proud to see that this year’s All-Tournament Team selec-tions reflect this reality. Eight of the ten players selected to receive All- Tournament honors call Maryland home, with five coming from the Loy-ola Greyhounds team and three from the University of Maryland. With Loyola’s victory in this year’s cham-pionship, Maryland is now home to three of the nine teams that have ever won a national championship, further securing our State’s reputation as the center of collegiate lacrosse. \nIn light of these impressive accom-\nplishments, I call upon my colleagues to join me in recognizing and congratu-lating Loyola University’s players, Coach Charley Toomey, Athletic Direc-\ntor Jim Paquette, and President, the Rev. Brian Linnane, S.J. on a cham-pionship season and the many amazing achievements that carried the Grey-hounds to victory. \nMr. REID. Mr. President, I ask unan-\nimous consent the resolution be agreed to, the preamble be agreed to, the mo-tions to reconsider be laid upon the table, with no intervening action or de-bate, and any statements be printed in the R\nECORD . \nThe PRESIDING OFFICER. Without \nobjection, it is so ordered. \nThe resolution (S. Res. 514) was \nagreed to. \nThe preamble was agreed to. The resolution, with its preamble, \nreads as follows: \nS. R ES. 514 \nWhereas on May 28, 2012, Loyola University \nMaryland won its first NCAA Division I Men’s Lacrosse National Championship and the first Division I national title in the his-tory of the school; \nWhereas Loyola is the smallest school in \nNCAA history to win the Division I Men’s Lacrosse National Championship, with only 3,863 undergraduate students; \nWhereas the Loyola Greyhounds finished \nthe men’s lacrosse season with a record of 18 wins and 1 loss; \nWhereas the Loyola Greyhounds set a \nNCAA record for the fewest goals allowed during a men’s lacrosse championship game; \nWhereas 5 members of the Loyola Grey-\nhounds, Joe Fletcher, Josh Hawkins, Eric Lusby, Scott Ratliff, and Jack Runkel, were named members of the All-Tournament team; \nWhereas Loyola senior Eric Lusby was \nnamed the Most Outstanding Player of the 2012 NCAA Division I Men’s Lacrosse Na-tional Championship after scoring 4 goals in the title game, while also setting a tour-nament record with a total of 17 goals in 4 games; \nWhereas sophomore goalie Jack Runkel \nhad 6 saves in the championship game, hold-ing the University of Maryland to only 3 goals; \nWhereas the 18 wins by the Loyola Grey-\nhounds this season set a program record; \nWhereas Loyola became just the ninth \nteam to win an NCAA Division I Men’s La-crosse National Championship since the first championship was held in 1971; \nWhereas the Loyola Greyhounds secured \ntheir victory in only their second appearance in a national championship, having been de-feated by Syracuse in 1990; \nWhereas the vision and leadership of the \nRev. Brian Linnane, S.J. and Jim Paquette, Loyola University’s President and Athletic Director, respectively, were instrumental in bringing academic and athletic success, as well as national recognition, to Loyola Uni-versity Maryland; and \nWhereas the 2012 Loyola University Mary-\nland men’s lacrosse team has brought great honor and pride to their university, the State of Maryland, and the United States: Now, therefore, be it \nResolved, That the Senate— \n(1) congratulates the Loyola University \nMaryland Greyhounds for winning the 2012 NCAA Division I Men’s Lacrosse National \nChampionship; \n(2) recognizes the achievements of the \nplayers, coaches, students, and staff whose hard work and dedication were key to Loyola’s victory in the championship game; and \n(3) requests the Secretary of the Senate to \ntransmit for appropriate display an enrolled \nVerDate Mar 15 2010 01:29 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\\CR\\FM\\A28JN6.028 S28JNPT1smartinez on DSK7SPTVN1PROD with SENATE CONGRESSIONAL RECORD — SENATE S4730 June 28, 2012 \ncopy of this resolution to Loyola University \nPresident Rev. Brian Linnane, S.J. and Loy-ola University Men’s Lacrosse Head Coach Charley Toomey. \nf \nORDERS FOR FRIDAY, JUNE 29, 2012 \nMr. REID. Mr. President, I ask unan-\nimous consent that when the Senate completes its business today, it ad-journ until 10 a.m. on Friday, June 29; that following the prayer and the pledge, the Journal of proceedings be approved to date; that the morning hour be deemed to have expired and the time for two leaders be reserved for their use later in the day; that the ma-jority leader may be recognized, and that Senators be permitted to speak up to 10 minutes each. \nThe PRESIDING OFFICER. Without \nobjection, it is so ordered. \nf \nPROGRAM \nMr. REID. Mr. President, the trans-\nportation conference report was filed in the House just moments ago. We hope to get a chance to move forward on this very early in the morning. There \ncould be a couple of votes. We could get through it very quickly. \nI suggest the absence of a quorum. The PRESIDING OFFICER. The \nclerk will call the roll. \nThe assistant legislative clerk pro-\nceeded to call the roll. \nMr. REID. Mr. President, I ask unan-\nimous consent that the order for the quorum call be rescinded. \nThe PRESIDING OFFICER. Without \nobjection, it is so ordered. \nf \nADJOURNMENT UNTIL 10 A.M. \nTOMORROW \nMr. REID. Mr. President, if there is \nno further business to come before the Senate, I ask unanimous consent that the Senate stand adjourned under the previous order. \nThere being no objection, the Senate, \nat 7:33 p.m., adjourned until Friday, \nJune 29, 2012, at 10 a.m. \nf \nNOMINATIONS \nExecutive nominations received by \nthe Senate: NATIONAL FOUNDATION ON THE ARTS AND THE \nHUMANITIES \nCAMILA ANN ALIRE, OF COLORADO, TO BE A MEMBER \nOF THE NATIONAL COUNCIL ON THE HUMANITIES FOR A TERM EXPIRING JANUARY 26, 2018, VICE ALLEN C. GUELZO, TERM EXPIRED. \nRAMON SALDIVAR, OF CALIFORNIA, TO BE A MEMBER \nOF THE NATIONAL COUNCIL ON THE HUMANITIES FOR A TERM EXPIRING JANUARY 26, 2018, VICE WILFRED M. MCCLAY, TERM EXPIRED. \nIN THE ARMY \nTHE FOLLOWING NAMED OFFICER FOR APPOINTMENT \nAS THE CHIEF OF THE NATIONAL GUARD BUREAU AND FOR APPOINTMENT TO THE GRADE INDICATED IN THE RESERVE OF THE ARMY UNDER TITLE 10, U.S.C., SEC-TIONS 10502 AND 601: \nTo be general \nLT. GEN. FRANK J. GRASS \nf \nWITHDRAWAL \nExecutive Message transmitted by \nthe President to the Senate on June 28, 2012 withdrawing from further Senate consideration the following nomina-tion: \nTIMOTHY M. BROAS, OF MARYLAND, TO BE AMBAS-\nSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO THE KINGDOM OF THE NETHERLANDS, WHICH WAS SENT TO THE SENATE ON APRIL 26, 2012. \nVerDate Mar 15 2010 01:29 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00042 Fmt 4624 Sfmt 9801 E:\\CR\\FM\\A28JN6.006 S28JNPT1smartinez on DSK7SPTVN1PROD with SENATE EXTENSIONS OF REMARKS\n∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.\nMatter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.CONGRESSIONAL RECORD — Extensions of Remarks E1167 June 28, 2012 \nAVIATION SECURITY STAKE-\nHOLDER PARTICIPATION ACT OF 2011 \nSPEECH OF \nHON. LAURA RICHARDSON \nOF CALIFORNIA \nIN THE HOUSE OF REPRESENTATIVES \nTuesday, June 26, 2012 \nMs. RICHARDSON. Mr. Speaker, I rise \ntoday in support of H.R. 1447, the Aviation Security Stakeholder Participation Act of 2011, which amongst other things amends title 49 of the United States Code to direct the Assistant Secretary of Homeland Security (Transpor-\ntation Security Administration) to establish an Aviation Security Advisory Committee (ASAC). \nThe Federal Aviation Administration (FAA) \nestablished the ASAC in 1989 following the bombing of Pan American World Airways Flight 103. When the Transportation Security Administration (TSA) was established, the sponsorship of the ASAC transferred to TSA. Despite significant contributions to TSA policy-making, particularly with respect to air cargo security, and strong support from aviation se-curity stakeholders who participated in the ASAC, TSA allowed the ASAC’s charter to ex-pire. \nH.R. 1447 provides for the establishment of \nan ASAC to assist and make recommenda-tions to the TSA Assistant Secretary on avia-tion security matters, including the develop-ment and implementation of policies, pro-grams, rulemaking, and security directives per-taining to aviation security. Within the Advisory Committee are three subcommittees: (1) an air cargo security working group, (2) a general aviation working group, and (3) an airport pe-rimeter security working group. \nU.S. and industry stakeholders have ex-\npressed frustration about the level of dialogue with TSA about the threat of potential attacks. The lack of communication between TSA and stakeholders makes our aviation industry vul-nerable to threats such as Yemen insurgents shipping explosive devices on our passenger and cargo airplanes. H.R. 1447 provides us with the tools to reopen these lines of commu-nication between air carriers to aircraft manu-facturers from aviation technology security in-dustries to labor organizations. \nMr. Speaker, as a member of the Com-\nmittee on Homeland Security, I fought for and strongly supported legislation that protects our homeland and our people. I will continue to support legislation that enables us to stay ahead of any potential threat. That is why I support H.R. 1447, the Aviation Security Stakeholder Participation Act of 2011, and urge my colleagues to do likewise. HONORING MR. LEONARD ATTMAN \nHON. C.A. DUTCH RUPPERSBERGER \nOF MARYLAND \nIN THE HOUSE OF REPRESENTATIVES \nThursday, June 28, 2012 \nMr. RUPPERSBERGER. Mr. Speaker, I rise \nbefore you today to honor Mr. Leonard Attman \nand Mrs. Phyllis Attman for their lifelong com-mitment to making a difference in the lives of those less fortunate. We recognize their gen-erosity as the Board Room of Sinai Hospital in Baltimore is named in their honor. \nIn Baltimore, the Attman name is synony-\nmous with ‘‘charity.’’ Over the years, Mr. and Mrs. Attman have worked hard to make a dif-ference in the community through countless philanthropic efforts. In the past, they have made generous donations to support medical research, including groundbreaking studies on breast cancer and brain tumors. Their efforts have brought much-needed support to fields that are often overlooked or are in greater need of further understanding. \nIn addition to serving as a board member at \nSinai and Northwest Hospitals, Mr. Attman’s involvement in professional, civic and philan-thropic organizations includes membership on the boards of Shosana S. Cardin High School and Beth Tfiloh Brotherhood, as well as the Board ofDirectors of the Reginald F. Lewis Museum and the Signal 13 Foundation for the Baltimore City Police Department. He actively participates in the activities of many other or-ganizations including the Advisory Board for the Shock Trauma Unit at the University of Maryland Medical Systems. \nA longtime business leader, Mr. Attman has \nmore than four decades of experience in resi-dential and commercial real estate develop-ment. Mr. Attman was also the founder and serves as Chairman of the Board of Directors of Future Care, which manages nine nursing home facilities serving more than 1,300 pa-tients and providing employment to more than 1,500 workers. \nIn all of their business endeavors, the \nAttmans have always focused on family first. Mr. Attman humbly considers his employees not as subordinates, but as ‘‘coworkers.’’ He has worked to do whatever possible to avoid layoffs during the unsteady economic times in recent years. \nMr. Speaker, I ask that you join with me \ntoday to honor Mr. Leonard and Mrs. Phyllis Attman. Their compassion and dedication to the Baltimore community and Sinai Hospital is an inspiration to us all. It is with great pride that I congratulate them on their exemplary service to their community and our country and wish them many more years of success. IN RECOGNITION OF DAN \nBOLLINGER, SR. \nHON. SANFORD D. BISHOP, JR. \nOF GEORGIA \nIN THE HOUSE OF REPRESENTATIVES \nThursday, June 28, 2012 \nMr. BISHOP of Georgia. Mr. Speaker, I rise \ntoday to pay tribute to Mr. Dan Bollinger, Sr. as he retires after over thirty years of illus-trious service as an executive of regional de-velopment organizations in Georgia. A cele-bration will be held in his honor on Thursday, June 28, 2012 at the Camilla Depot in Camilla, Georgia at 5:30 p.m. \nMr. Bollinger, a native of Missouri, was \nraised in a small town of 600 people. He grad-uated from the University of Missouri—Colum-bia with a Bachelor of Arts degree in Political \nScience. He also pursued a higher level of education in the field of Community and Eco-nomic Development. \nA strong leader with an exceptional work \nethic, Mr. Bollinger is currently the Executive Director of Southwest Georgia Regional Com-mission, a planning agency that serves 14 Georgia counties including Baker, Calhoun, Colquitt, Decatur, Dougherty, Early, Grady, Lee, Miller, Mitchell, Seminole, Terrell, Thom-as, and Worth. The SWGRC is responsible for assisting local governments with comprehen-sive planning in land and economic develop-ment. Mr. Bollinger has held the position of Executive Director since 1994. \nI. the past, Mr. Bollinger has also served as \npresident of the National Association of Devel-opment Organizations and of the Georgia As-sociation of Regional Development Centers as well as serving as Executive Director of the Missouri Bootheel Regional Planning and Eco-nomic Development Commission for 11 years. Additionally, he was vice president of the Bank of Chaffee in Missouri. \nMr. Bollinger also served our country for \nfour years in the United States Air Force. He volunteered as president of the Chaffee, Mis-souri Chamber of Commerce for two terms. Additionally, he umpired baseball and fast pitch softball and refereed basketball for 25 years on the amateur level. Since moving to Georgia, he has become an avid tennis player and golfer. \nGeorge Washington Carver once said, ‘‘How \nfar you go in life depends on your being ten-der with the young, compassionate with the aged, sympathetic with the striving and toler-ant of the weak and strong because someday in your life you will have been all of these.’’ As a leader, Mr. Bollinger recognized the impor-tance of serving others. \nIt cannot be disputed that Dan Bollinger, Sr. \nhas achieved numerous successes in his life. However, none of this would have been pos-sible without the enduring love and support of his loving wife, Lynn, and wonderful children and grandchildren. \nMr. Speaker, I ask my colleagues to join me \nin paying tribute to Mr. Bollinger for his out-standing professional achievements and his dedicated service to Southwest Georgia. \nVerDate Mar 15 2010 03:50 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\\CR\\FM\\A28JN8.001 E28JNPT1smartinez on DSK6TPTVN1PROD with REMARKS CONGRESSIONAL RECORD — Extensions of Remarks E1168 June 28, 2012 \nTRIBUTE TO THE LIFE OF DR. \nWENDY WAYNE \nHON. JIM COSTA \nOF CALIFORNIA \nIN THE HOUSE OF REPRESENTATIVES \nThursday, June 28, 2012 \nMr. COSTA. Mr. Speaker, I rise today to \npay tribute ute to the life of Dr. Wendy Wayne who passed away on June 17, 2012 at the age of 64 after fighting a courageous four year battle with non-Hodgkin’s Lymphoma. Wendy was a loving wife and mother, a committed ac-tivist and respected community leader who touched the lives of many. \nA proud product of Culver City, California, \nWendy was born on February 4, 1948. She at-tended Hamilton High School in Los Angeles and graduated from the University of Los An-geles (UCLA) before joining the Peace Corps and serving in Kenya. She married the love of her life, Gene Tackett, after traveling around the world and then working on Gene’s first po-litical campaign for Kern County Supervisor. Wendy quickly became an icon and a source of inspiration within the local community. Wendy and Gene started their family in Ba-kersfield in 1978 and have worked continu-ously to improve the quality of life of all fami-lies in Kern County, the place they called home. \nThrough her leadership and hard work, \nWendy became a role model for her friends and neighbors. Dr. Wendy Wayne exemplified the true meaning of being an advocate. After working at Clinica Sierra Vista and obtaining a nursing degree at California State University (CSUB), she worked as a nurse at Kern Med-ical Center (KMC). She continued her volun-teer activities promoting child safety seats and expanded childcare opportunities for working mothers. Both of her sons were born in the KMC Birthing Center organized by Wendy. In 1986, Wendy started her career with the Kern County Superintendent of School’s office as an advocate for expanded preschool edu-cation. Working with community leaders she helped create the Community Connection for Childcare and became its first director. She later became the executive director of Kern County’s First Five organization, an agency promoting child education during their first five years of age. For more than 36 years, she was a committed and reliable member of the community. \nOver the years, Wendy continued to fulfill \nher wanderlust for travel and doing good works with a three month health project in Kenya, Bakersfield Sister City trips, Rotary polio ratification trips to India and Nigeria, working with her niece Ann Reiner in the Sudan and Uganda. Her family vacations in-cluded a revisit to her Kenyan village where she had once taught biology. Remarkably, Wendy endured countless hours of travel to receive advanced cancer treatment in South-ern California while simultaneously serving as a consultant to San Joaquin Hospital to de-velop a much needed state of the art cancer center in Bakersfield. Her work demonstrated her dedication to fostering and preserving the health and safety of children throughout the world, and her compassion and concern for our community served as a testament to her extraordinary character. \nWendy lived an exemplary life and will un-\ndoubtedly be missed by many. The true loves of her life were husband, Gene; sons, Larkin \nand Benji; daughters-in-law Katie and Amy; and grandchildren Maya, Lola and Ben. \nA principled and engaged citizen, Wendy \nWayne participated in every aspect of commu-nity life. She led a generous and energetic life filled with love and adventure. Her long-lasting participation in our community and commit-ment to the well-being of future generations will ensure that her legacy lives on for years to come. Mr. Speaker, I ask my colleagues to join me in honoring the life of Dr. Wendy Wayne, a beloved wife, mother, leader and true champion for all people. \nf \nINDEPENDENCE DAY IN HONOR OF \nOUR ARMED FORCES AND THEIR FAMILIES \nHON. JEAN SCHMIDT \nOF OHIO \nIN THE HOUSE OF REPRESENTATIVES \nThursday, June 28, 2012 \nMrs. SCHMIDT. Mr. Speaker, in honor and \nin remembrance of all of our Armed Forces and their families on this Independence Day, who are fighting and have fallen, and are re-covering from the scars of war. I ask that this poem penned by Albert Caswell be placed in the R\nECORD . \nINDEPENDENCE DAY \nIndependence . . . \nRemembering our Forefathers Declaration of \nIndependence, they! \nRemember to so kneel and pray! For all of those, and they . . . who now so fight so far away! And what they so give, so gave! As we so awake . . . All in the happiness and that glory of this \nday! \nThat which freedom does so all of us so \nbathe! \nAll on this holiday! Our Nation’s Birthday! As that old Red, White and Blue so waves! All in our Independence that they so give, that they so gave! For all of those magnificents, who now so lie in such cold dark quiet \ngraves! \nWhose families great pain shall not ever so \nwave! \n‘‘Oh say can you see’’ on this day! ‘‘By the dawn’s early light’’, all of those soft cold quiet graves! As you so wipe your tears away! This Independence Day! Remember all of those and they, who are without their families, gone! And all of those who come home from war, without arms and legs who must now so cou-\nrageously live on! \nTo teach us where courage is born! And all of those with the unseen scars of \nwar, \nthat which now so form! All over there, where the battle now so rages on! ‘‘With the bombs bursting in air’’. . . ‘‘And the rockets red glare!’’ Which gives proof through the night, of that courage they wear! Who all for us so fight, and so die over there! As this Independence Day, as you hold your families oh so very close! And all of those picnics and family gath-\nerings you so host! \nAnd so watch those fire works, explode! Remember the grave cost and toll of all of \nthose living so close! \nAnd selfless sacrifice that which they fine \nhearts so host! \nAll for us who so pay the most! God Bless Them All! This Independence Day, remember what they give and gave! Let us we pray! Amen! \nf \nWALL STREET JOURNAL RECOG-\nNIZES BOUDIN CAPITAL OF THE WORLD \nHON. CHARLES W. BOUSTANY, JR. \nOF LOUISIANA \nIN THE HOUSE OF REPRESENTATIVES \nThursday, June 28, 2012 \nMr. BOUSTANY. Mr. Speaker, I rise today \nto commemorate the article on the front page of the Wall Street Journal this morning recog-nizing the fantastic food and culture in my South Louisiana. \nI invite any of my colleagues to travel with \nme to Louisiana to enjoy the fantastic boudin and Cajun culture that comprises our proud heritage in South Louisiana. All along South Louisiana we enjoy the best homemade Cajun boudin, zydeco music, and Cajun charm that is truly unique to the United States. Today, the Wall Street Journal recognized this vibrancy in its article titled ‘‘Cajun Towns Feud About Sausage With Links to the Past.’’ To com-memorate this fact, I include the article, written by Timothy W. Martin, into the C\nONGRESSIONAL \nRECORD in its entirety here: \nSCOTT, LA.—Few would dispute that south-\nern Louisiana is boudin heaven. The local version is a sausage made of pork, rice and various seasonings. Trickier to answer is which of three competing Cajun commu-nities is its official mecca. \nIn April, Louisiana’s state legislature be-\nstowed the coveted mantle of Boudin Capital of the World on Scott, a bustling town of 8,600 on Interstate 10—the busy east-west highway linking Houston and New Orleans. It churns out 1.3 million pounds of the sau-sage a year. \n‘‘No one comes close’’ to Scott’s sausage \noutput, boasts Mayor Purvis J. Morrison, who lobbied hard for the title, plying law-makers with industry statistics to make his case. \nUPS trucks collect boudin (pronounced: \nBoo-DAN, while swallowing the N) shipments here twice a day, he says. Sales help stuff city coffers. \n‘‘If you like hot, you’ll get hot. If you want \nmild, you’ll find mild. We have boudin balls as big as a softball. We have smoked boudin. I don’t even know if anybody did it before we did it,’’ he says. \nBut Scott’s new title—which it uses for \nmarketing purposes—has left a bad taste in the mouths of residents of Broussard, 12 miles to the southeast. They insist their town, population 7,600, is the Boudin Capital of the World—a title they say lawmakers gave them in the late 1970s. True, Broussard doesn’t hold its annual boudin festival or crown a Boudin king anymore. But towns-people don’t see that as a reason for the leg-islature to snub them. \n‘‘For some reason, Scott wants to be the \nBoudin capital, and they’re trying to take our title. Doesn’t hardly seem right,’’ says Billy Billeaud, owner of a grocery store in Broussard. \nBilly Billeaud’s grocery store in Broussard, \nLa., advertises its boudin. \nVerDate Mar 15 2010 03:50 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\\CR\\FM\\A28JN8.004 E28JNPT1smartinez on DSK6TPTVN1PROD with REMARKS CONGRESSIONAL RECORD — Extensions of Remarks E1169 June 28, 2012 \nMr. Billeaud calls Scott a boudin arriviste \nwhose meaty reputation is the product of ag-gressive marketing by numerous restaurants and meat specialty shops that have popped up in recent years on the edge of town to stuff boudin-loving travelers on busy Inter-state 10. \n‘‘We don’t have I–10 in Broussard,’’ says \nMr. Billeaud, 51 years old, the fourth genera-tion Billeaud to own the store since it opened in 1889. \n‘‘Broussard can’t claim nothing. They had \nthe title and haven’t done anything for 15 years,’’ fires back Aubrey Cole, owner of Don’s Specialty Meats just off I–10 in Scott. \nMeanwhile, in Jennings, 35 miles or so west \non I–10, Mayor Terry W. Duhon can’t under-stand what the hot-dogging is all about. Jen-nings is Boudin Capital of the Universe, thanks to famed boudin chef and Jennings resident Ellis Cormier, who roamed the state decades ago promoting boudin and won the title for his hometown in the 1970s. \n‘‘We’ve got squatter’s rights,’’ says Mr. \nDuhon, who has the phone number of his fa-vorite go-to joint—Mr. Cormier’s Boudin King—on speed dial. No signs or billboards in the town mention Jennings’s intergalactic ranking, because, ‘‘What do we need to pro-mote it for? We know,’’ he says. \nSuch lofty titles are of no small impor-\ntance. Sales of boudin are on the rise, ac-cording to restaurateurs, online grocers and locals. The sausage has been featured on the menu at Cochon, a contemporary Cajun res-taurant in New Orleans’s trendy Warehouse District, which started serving a fried version of the sausage with pickled peppers last year. \n‘‘Until we got the title, we never heard \nanything from Broussard or Jennings. Now they are coming out of the woodwork,’’ com-plains Donna Thibodeaux, who works at a tourism center in Scott next to one of the town’s five boudin sellers. \nBoudin’s precise origins are not a matter \nof noir and blanc, though the sausages have been made in southern Louisiana since the mid-1800s. Back then, French Acadians—an-cestors of the Cajuns—took leftover parts of a slaughtered pig and mixed them with rice, vegetables and seasonings and encased them in intestines. Some modern takes on boudin substitute pork with crawfish or shrimp. Mr. Cormier’s version used more rice than meat, helping popularize the sausage to non-Cajuns because it masked the taste of bolder ingre-dients like pork butt and liver. \nBoudin connoisseurs aren’t taking sides. \nMr. Billeaud’s boudin in Broussard earned an ‘‘A+’’ on ‘‘The BoudinLink,’’ a review \nwebsite operated by Bob Carriker, a history professor at the University of Louisiana at Lafayette, the city that both Scott and Broussard border. But he also praises Scott for its juicy version and Jennings for letting rice take on ‘‘the starring role.’’ \nLawmakers, for their part, are \nunapologetic about the grilling they are get-ting now from boudin makers about the mul-tiple titles. ‘‘This is not about the past, it’s about the future,’’ state Rep. Stephen Ortego said on the floor of the legislature, explain-ing his reasons for sponsoring the bill favor-ing Scott. He says his staff couldn’t find any legislation anointing Broussard as boudin capital, and the state representative who al-legedly backed that bill is deceased. \nAs for Jennings, he says, the titles of \n‘‘world’’ and ‘‘universe’’ can coexist because Jennings doesn’t promote its status. ‘‘Any-body can claim a title. But are you using it?’’ he reasons. \nOn a recent morning, Mr. Ortego, who grew \nup near Scott, laid a paper napkin across his left leg and tucked into a link of Mr. Billeaud’s boudin. ‘‘This one has too much pepper,’’ he said, arguing that Scott’s is su-perior. Winning the title of Boudin Capital of the \nWorld was one of Mr. Morrison’s first legisla-tive goals when he became mayor in January 2011. Boudin makers employ 83 people in the town and account for $5 million in annual sales, helping anchor the local economy’s growth over the past decade. ‘‘Without boudin, we’d just be a regular I–10 exit, with a McDonald’s, a Burger King and a Chev-ron,’’ says Mr. Morrison, sitting in his office next to a two-year-old fire and police station that tax revenue from boudin sales helped fund. \nRob Pelissier pulled off Scott’s I–10 exit \none recent morning and headed to Don’s Spe-cialty Meats. The store has billboards pro-moting its ‘‘best homemade boudin’’ some 40 miles to the west—just a few miles outside Jennings. ‘‘Maybe Jennings or Broussard had the title years back. I’d say yeah, they were good back then. But nowadays, this place here has got it,’’ he said, staring at his empty plate. ‘‘If you spend a day here, you can see all of the traffic coming here from out of town.’’ \nMr. Ortego’s legislation doesn’t ask \nBroussard to cede its title. For their part, Broussard town leaders have accepted their new role in the boudin world and have down-graded their expectations. The town’s mayor has considered seeking the title ‘‘Boudin Capital of Louisiana’’ next year. \nf \nA TRIBUTE TO FRANK M CCREA ON \nHIS 90TH BIRTHDAY \nHON. JACKIE SPEIER \nOF CALIFORNIA \nIN THE HOUSE OF REPRESENTATIVES \nThursday, June 28, 2012 \nMs. SPEIER. Mr. Speaker, I rise today to \npay tribute to a great American, Frank McCrea, on the celebration of his 90th birth-day. \nFrank McCrea is a member of what we \nhave rightfully come to call The Greatest Gen-eration. He is everything we have come to cel-ebrate about that celebrated group: a devoted son, brother and father; an unquestioning pa-triot; an extraordinary servant to his faith; and a true citizen of his community. \nFrank McCrea and his 5 brothers and sis-\nters were raised in the depths of the Great Depression. Often, they had nothing more for dinner than the vegetables they grew in their own garden. Yet Frank will reflect on those years not about hardship and deprivation, but about how the love of a close family lit them from within. \nWhen the War came, Frank did not hesitate: \nhe volunteered for the Navy, and served his country with honor. As one who personally has had her life saved by those who choose to serve our nation, I speak with special em-phasis in expressing our country’s eternal debt to those who serve in our armed forces. \nFaith has been at the core of Frank’s life. \nHe has long been a deacon of his church and has been an active member of the Gideon So-ciety for over 40 years. All of us who have come into Frank’s remarkable orbit have felt the bond Frank has with his faith, and have come to know the special peace that faith has given to him. \nAnother cornerstone for Frank has been \nfriendship. I know that this weekend he will be surrounded by a legion of true friends, a num-ber who have been connected to Frank since high school—over 70 years ago. I think Frank can honestly boast that he has never lost a friend, and the number that he has gained is \nalmost too large to measure. \nBut central to Frank McCrea is being a \nmagnificent father. In his local community the-ater, Frank has been cast as a dad over 15 times—for good reason. His daughters Karen, Christine and Beth have all gone on to raise children of their own and lead significant lives, but they all point to the bedrock of love from their father and mother that launched them. I truly believe that all of us would regard as our greatest accomplishment if our children were to feel about us as his daughters feel about him. \nIn sum, Mr. Speaker, let me say that we are \nindeed fortunate to have citizens like Frank McCrea and that I join his church, his commu-nity, his friends and his family in wishing him the happiest of birthdays. \nf \nCONGRATULATIONS TO PEDDLER’S \nVILLAGE ON ITS 50TH ANNIVER-SARY \nHON. MICHAEL G. FITZPATRICK \nOF PENNSYLVANIA \nIN THE HOUSE OF REPRESENTATIVES \nThursday, June 28, 2012 \nMr. FITZPATRICK. Mr. Speaker, I would like \nto recognize Peddler’s Village in Bucks Coun-ty, Pennsylvania, as it celebrates its 50th An-niversary this month. \nA community staple in my home of Bucks \nCounty, millions of guests from across the Delaware and Lehigh Valleys have visited this center of commerce and culture over the last five decades. \nFounded in 1962 with the opening of a \nhandful of small shops and a flagship res-taurant, Peddler’s Village now attracts 1.6 mil-lion annual visitors to its 70 independently- owned specialty shops, six restaurants and year-round festivals across its 42 acres of landscaped gardens and colonial-era architec-ture. \nThe success of this collection of Bucks \nCounty small-business men and women in ful-filling the vision of its founder, Earl Jamison, serves as an example to each of us of the creativity and perseverance of the American spirit. \nCongratulations to Peddler’s Village on \nmarking 50 years of tradition, and I wish them the best of luck in the decades to come. \nf \nHONORING THE FALLEN POLICE \nOFFICERS OF HENRICO COUNTY, VA \nHON. ERIC CANTOR \nOF VIRGINIA \nIN THE HOUSE OF REPRESENTATIVES \nThursday, June 28, 2012 \nMr. CANTOR. Mr. Speaker, I rise today in \nhonor of the fallen police officers of Henrico County, VA. We have with us today the Henrico County Police Athletic League, who are in Washington to lay a wreath at the Na-tional Law Enforcement Officers Memorial, in honor of the fallen and their families. \nThe legacy left by the fallen officers of \nHenrico County illuminates the strength of their commitment to public service. To pay tribute to those officers whose lives were trag-ically shortened, 250 students from Henrico \nVerDate Mar 15 2010 03:50 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\\CR\\FM\\A28JN8.006 E28JNPT1smartinez on DSK6TPTVN1PROD with REMARKS CONGRESSIONAL RECORD — Extensions of Remarks E1170 June 28, 2012 \nCounty, VA have traveled to Washington to \nparticipate in today’s wreath laying ceremony. These students are part of a program offered by the Henrico County Police Athletic League that instills in young people the values of in-tegrity, self-respect, and discipline. \nI offer my support and gratitude to the fami-\nlies and countless friends of these officers that have paid the ultimate sacrifice. Their memory is an inspiration to all of us. \nMr. Speaker, I ask that you join me today in \nremembering the fallen heroes of Henrico County, and thanking the Henrico Police Ath-letic League for service and commitment to our community. \nf \nDEATH OF TWO THOUSANDTH \nAMERICAN IN AFGHANISTAN \nHON. BARBARA LEE \nOF CALIFORNIA \nIN THE HOUSE OF REPRESENTATIVES \nThursday, June 28, 2012 \nMs. LEE of California. Mr. Speaker, re-\ncently, as many of my colleagues have re-marked on the House floor, we reached the sad milestone of two thousand American sol-diers having lost their lives in Afghanistan. \nTomorrow we break for our July 4th recess, \ncelebrating our nation’s independence, but for too many American families missing a father, a son or a daughter, the fourth of July will be a day of absence. \nMr. Speaker, we have a word for people \nwho lose a spouse: ‘‘Widower.’’ \nWe have a word also for the children left \nbehind when parents die: ‘‘Orphans.’’ But we have no words for the parents of children who die. \nIt is a tragedy when a parent outlives their \nchild, and it is time to put an end to our chil-dren dying in Afghanistan. \nFor the families of two thousand American \nsoldiers, and equally important, for the Afghan families who have lost sons and daughters, we need to end this war and bring our soldiers home so that a political solution can be achieved. \nf \nIN HONOR OF YO AZAMA \nHON. SAM FARR \nOF CALIFORNIA \nIN THE HOUSE OF REPRESENTATIVES \nThursday, June 28, 2012 \nMr. FARR. Mr. Speaker, I rise today to rec-\nognize Mr. Yo Azama, a Japanese language teacher at North Salinas High School in Sali-nas, CA, who was named the 2012 National Language Teacher of the Year by the Amer-ican Council on the Teaching of Foreign Lan-guages (ACTFL). The National Language Teacher of the Year award was created to recognize a foreign language teacher who ex-hibits excellence in language education. \nCompetition for the Foreign Language \nTeacher of the Award is quite steep as nomi-nees are first evaluated by their state lan-guage organization, after which each state submits its top candidate to one of five re-gional committees for additional review. \nLearning a foreign language opens minds to \nother worlds and has been scientifically prov-en to generate more flexibility in thinking. I was impressed by what Mr. Azama included in \nhis application essay. He wrote ‘‘my experi-ence as a language teacher convinces me that today’s students are ready and more than willing to learn other languages and cultures, and prepare themselves to join a world that has no borders and offers them unlimited op-portunities if they have the linguistic and cul-tural competency . . . Language connects us and as a result it binds us the global family that we are.’’ \nMr. Speaker, this national award goes to \nsomeone who shows incredible passion for his profession, for his students, and for his com-munity. I congratulate Mr. Azama on his much-deserved recognition as he continues to teach, lead, and inspire California’s youth. \nf \nTRIBUTE TO GAIL A. W. \nGOODRIDGE \nHON. JAMES P. MORAN \nOF VIRGINIA \nIN THE HOUSE OF REPRESENTATIVES \nThursday, June 28, 2012 \nMr. MORAN. Mr. Speaker, I rise today to \npay tribute to Gail A. W. Goodridge, a leader in international development and a valued ad-visor and constituent, who recently passed away after a brave battle with cancer on June 18th. \nGail is an example of national heroes who \nremain too often unsung—those who answer a call to serve directly those most in need, re-gardless of their location around the world. Working in the field of global health and devel-opment with Family Health International (FHI 360), she contributed to the lives of vulnerable women and children during extended postings in the Caribbean, where she began her ca-reer, and in East Africa, where she confronted the misery of the HIV/AIDS epidemic by founding and directing a truly innovative pro-gram (known as the ROADS Project) to pre-vent the spread of HIV/AIDS along African transport corridors. \nAt home, Gail was just as active on behalf \nof social justice, working in Arlington through St. Charles Boromeo Catholic Church and in secular advocacy organizations promoting im-migrants’ rights and affordable housing. Wher-ever she was, Gail was renowned for her cre-ativity and hospitality, guided by her faith and her belief in doing the right thing. She was often in my office representing those without a voice with fierce idealism always tempered with compassion. She is remembered by her colleagues at home and abroad and by her faith communities, not only in Arlington, but in Kenya as well—by St. Joseph’s the Worker Church. \nMr. Speaker, please join me in paying trib-\nute to this worker in global human develop-ment and in offering condolences to Gail’s family and colleagues on her passing. HONORING MR. PETER D\nECRAENE \nFOR RECEIVING THE 2011 PRESI-DENTIAL AWARD FOR EXCEL-LENCE IN MATHEMATICS AND SCIENCE TEACHING \nHON. DANIEL LIPINSKI \nOF ILLINOIS \nIN THE HOUSE OF REPRESENTATIVES \nThursday, June 28, 2012 \nMr. LIPINSKI. Mr. Speaker, I rise to con-\ngratulate Mr. Peter DeCraene, a math teacher at Evanston Township High School, for receiv-ing the 2011 Presidential Award for Excellence in Mathematics and Science Teaching (PAEMST). \nThe PAEMST program recognizes out-\nstanding teachers for their contribution to teaching mathematics or science. Sponsored by the White House and administered by the National Science Foundation, PAEMST award recipients receive a certificate from President Obama and $10,000. The award only goes to the finest teachers of science and mathe-matics in the country. \nThis year, President Obama recognized 97 \nmathematics and science teachers as recipi-ents of this esteemed award. The applicants were chosen for their abilities to convey the concepts of math and science to their stu-dents, along with their work experience, edu-cational background, and extracurricular activi-ties related to the classroom. The PAEMST program rewards teachers for preparing and establishing a solid foundation of science, technology, engineering, and math in Amer-ica’s youth. Peter DeCraene has succeeded throughout his career, creatively teaching these disciplines to his students while helping his colleagues to do the same. \nMr. DeCraene’s passion and enthusiasm \nover the past 23 years have inspired hundreds of students so that they may better contribute to America’s success. The Chicago native graduated from DePaul University with a B.A. in mathematics, and an M.S. in computer science, and he received a Certificate of Ad-vanced Study in educational leadership from National Lewis University. He prefers teaching in small groups so that students may learn by answering one another’s questions. He is cur-rently the math department chair at Evanston Township High School, overseeing 30 teach-ers, along with instructing new teachers in the school wide induction program. The DePaul University graduate is also a textbook author who has presented at state and local con-ferences. \nPlease join me in honoring my constituent, \nPeter DeCraene, and all the recipients of the 2011 Presidential Award for Excellence in Mathematics and Science Teaching. This is an honor worthy of special distinction and I look forward to seeing more great things from Mr. DeCraene. \nf \nJULY 4, 2012 NATURALIZATION \nCEREMONY IN HAMMOND \nHON. PETER J. VISCLOSKY \nOF INDIANA \nIN THE HOUSE OF REPRESENTATIVES \nThursday, June 28, 2012 \nMr. VISCLOSKY. Mr. Speaker, it is with \ngreat pleasure and sincerity that I take this \nVerDate Mar 15 2010 03:50 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\\CR\\FM\\K28JN8.003 E28JNPT1smartinez on DSK6TPTVN1PROD with REMARKS CONGRESSIONAL RECORD — Extensions of Remarks E1171 June 28, 2012 \ntime to congratulate the individuals who will \ntake their oath of citizenship on July 4, 2012. In true patriotic fashion, on the day of our great nation’s celebration of independence, a naturalization ceremony will take place, wel-coming new citizens of the United States of America. This memorable occasion, coordi-nated by the Hammond Public Library and presided over by Magistrate Judge Andrew Rodovich, will be held at The Pavilion at Wolf Lake in Hammond, Indiana. \nAmerica is a country founded by immi-\ngrants. From its beginning, settlers have come from countries around the globe to the United \nStates in search of better lives for their fami-lies. The upcoming oath ceremony will be a shining example of what is so great about the United States of America—that people from all over the world can come together and unite as members of a free, democratic nation. These individuals realize that nowhere else in the world offers a better opportunity for success than here in America. \nOn July 4, 2012, the following people, rep-\nresenting many nations throughout the world, will take their oath of citizenship in Hammond, Indiana: Edina Anita Szabo, Jonathan Carmona Garcia, Alaa Alzayed, Oliva Chavez, Guolan Lu, Jaime Oseguera Cardenas, Dejan Kitevski, Jelica Dobrijevic, Karla Elizabeth Arreguin Farias, Ahmad Abdelrahim Almaaya, Huda Dali, Ljubica Vignjevic, Kefaa Nahed Omar Shuaibi, Rea Agulto Clarito, Senka Pamucar, Tanja Vignjevic, Liljana Josevski, Omiyosoye Adebowale Ololade, Mopelola Eniola Ololade, Blessing Obong Dennis, An Boo Min, Amanjot Kaur, Jingli Crain, Caroline Elizabeth Nyamweru Kamau, Halrun Luppes, Senija Crnkic, Siraneth Sem, Lenna Sabina Wade, Sanel Puzic, Jose Alberto Galicia Talabera, Tobias Florian Boes, Faneromeni Talia, James Murei Mumbura Karanja, Stella Gathoni Waithaka, Bacilia Avila, Mireya Jaquelin Aguilar, Gifty Debo Barlue, Esther Joo Young Chun, Patricia Contreras, Salvador Cruz, Nathaniel Tuason David, Luis Alberto Garcia, Njeri Mary Karumbo, Juliana Santos Kladis, Lenka Mitic, Innocent Ngenga, Eliza-beth Procyk, Jose Gustavo Suarez, Nour Alghnimi Ulayyet, and Jovita Zurita. \nThough each individual has sought to be-\ncome a citizen of the United States for his or her own reasons, be it for education, occupa-tion, or to offer their loved ones better lives, each is inspired by the fact that the United States of America is, as Abraham Lincoln de-scribed it, a country ‘‘. . .of the people, by the people, and for the people.’’ They realize that the United States is truly a free nation. By seeking American citizenship, they have made the decision to live in a place where, as guar-anteed by the First Amendment of the Bill of Rights, they can practice religion as they choose, speak their minds without fear of pun-ishment, and assemble in peaceful protest should they choose to do so. \nMr. Speaker, I ask you and my other distin-\nguished colleagues to join me in congratu-lating these individuals, who will become citi-zens of the United States of America on July 4, 2012, the day of our nation’s independence. They, too, will be American citizens, and they, too, will be guaranteed the inalienable rights to life, liberty, and the pursuit of happiness. We, as a free and democratic nation, congratulate and welcome them. IN HONOR OF CLEVELAND CITY \nCOUNCILWOMAN DONA BRADY \nHON. DENNIS J. KUCINICH \nOF OHIO \nIN THE HOUSE OF REPRESENTATIVES \nThursday, June 28, 2012 \nMr. KUCINICH. Mr. Speaker, I rise today in \nhonor of Cleveland City Councilwoman Dona Brady, who has admirably served the resi-dents of Ward 17 since 1997. \nBorn and raised in Cleveland, Council-\nwoman Brady has been a leader in the Great-er Cleveland community for years. She at-tended Cleveland State University Levin Col-lege of Urban Affairs where she earned her Bachelor of Arts degree, Cum Laude, in Urban Studies with a major in neighborhood revital-ization. She is also a graduate of CSU’s Lead-ership Academy. \nBefore she was elected to Cleveland City \nCouncil, Brady worked for the Office of Cuya-hoga County Prosecutor William D. Mason, Judge Raymond L. Pianka and for the Cleve-land Board of Zoning Appeals. \nThroughout the past 15 years, Council-\nwoman Brady has worked tirelessly to improve the quality of life in Ward 17 of Cleveland, which includes the West Boulevard and Clifton historic districts. She has worked toward pro-moting economic development, improving pub-lic safety, maintaining the ward’s housing stock and developing additional recreational opportunities for families. Brady serves as the Chair of the Public Service Committee, Vice- Chair of Public Safety, and as a member of the Council’s Finance and Community and Economic Development Committees. \nCouncilwoman Brady is also involved in \nCleveland’s Albanian-American community and has been named Cleveland’s Ambassador to Albania. She has been a constant in revital-izing the Albanian Cultural Garden in Rocke-feller Park and instrumental in building an international trade relationship with Fier, Alba-nia. \nThroughout the years and her career, Coun-\ncilwomen Brady has been honored by numer-ous organizations. She is the recipient of the 2005 Outstanding Elected Official’s Award from CSU Leadership Academy’s David C. Sweet Alumni Society. Additionally, she has been inducted into the Golden Key National Honor Society, and recognized by Jobs with Justice, the International Services Center and American Nationalities Movement. \nMr. Speaker and Colleagues, please join me \nin honoring Councilwoman Dona Brady for her years of service and commitment to the Great-er Cleveland area. \nf \nTRANSPORTATION WORKER IDEN-\nTIFICATION PROCESS REFORM ACT \nSPEECH OF \nHON. LAURA RICHARDSON \nOF CALIFORNIA \nIN THE HOUSE OF REPRESENTATIVES \nTuesday, June 26, 2012 \nMs. RICHARDSON. Mr. Speaker, I rise \ntoday in support of H.R. 3173, which directs the Secretary of Homeland Security to reform the process for the enrollment, activation, issuance of renewal of a Transportation Work-er Identification Credential, TWIC, to require, \nin total, not more than one in-person visit to a designated enrollment center. \nThe TWIC program was established to en-\nsure all individuals who require admittance into secure areas of regulated maritime facili-ties and vessels are properly vetted and do not pose a threat to maritime and supply chain security. Current TWIC requirements require that applicants go to an enrollment center twice to complete the application and confirm the biometric information embedded into the card. \nMr. Speaker, I believe that this is an oner-\nous burden for workers in the maritime indus-try, such as merchant vessel operators and truck drivers, who must obtain the credential for employment. Individuals in need of a TWIC card often work long hours with little down time. Many cannot afford to take extended pe-riods of time off to go to an enrollment center, in some cases located hundreds of miles away, on two different occasions. \nI believe that the Secretary of Homeland \nSecurity should reform the TWIC process be-fore the end of 2012, when the TWICs first issued in 2007 will need to be renewed allow-ing applicants to complete the process with only one in-person visit. I urge Members of Congress to support H.R. 3173, to direct the Secretary of Homeland Security to reform the process for the enrollment, activation, issuance, and renewal of the TWIC program. \nf \nPERSONAL EXPLANATION \nHON. SUE WILKINS MYRICK \nOF NORTH CAROLINA \nIN THE HOUSE OF REPRESENTATIVES \nThursday, June 28, 2012 \nMrs. MYRICK. Mr. Speaker, I was unable to \nparticipate in the following votes. If I had been present, I would have voted as follows: June 26, 2012—rollcall vote 416, On agreeing to the Connolly Amendment—I would have voted ‘‘nay’’, rollcall vote 417, On agreeing to the McClintock Amendment—I would have voted ‘‘aye’’, rollcall vote 418, On agreeing to the Garrett Amendment—I would have voted ‘‘aye’’, rollcall vote 419, On agreeing to the Capps Amendment—I would have voted ‘‘nay’’, rollcall vote 420, On agreeing to the Gosar Amendment—I would have voted ‘‘aye’’, rollcall vote 421, On agreeing to the Broun Amendment—I would have voted ‘‘aye’’, rollcall vote 422, On agreeing to the Broun Amendment—I would have voted ‘‘aye’’, roll-call vote 423, On agreeing to the Broun Amendment—I would have voted ‘‘aye’’. \nf \nRECOGNIZING THE NATIONAL \nCOUNCIL OF LA RAZA DURING ITS 2012 ANNUAL CONFERENCE IN LAS VEGAS, NEVADA \nHON. SHELLEY BERKLEY \nOF NEVADA \nIN THE HOUSE OF REPRESENTATIVES \nThursday, June 28, 2012 \nMs. BERKLEY. Mr. Speaker, today I urge \nmy colleagues to join me in recognizing the National Council of La Raza (NCLR) during its 2012 annual conference in Las Vegas, Ne-vada. \nVerDate Mar 15 2010 03:50 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\\CR\\FM\\K28JN8.008 E28JNPT1smartinez on DSK6TPTVN1PROD with REMARKS CONGRESSIONAL RECORD — Extensions of Remarks E1172 June 28, 2012 \nThe National Council of La Raza became a \nnational organization in 1972. NCLR has grown and evolved over the course of its his-tory to become the most authoritative voice on Hispanic issues today. Latinos are strength-ened through participation in NCLR and in the political process through its various civic en-gagement projects. NCLR also works to strengthen emerging community-based organi-zations in areas where there is a growing Latino population. \nNow in its 44th year, NCLR is busy building \ncommunities as an industry leader in home-ownership counseling, operating programs in 40 sites throughout the country. Its Charter School Development Initiative has helped cre-\nate more than 40 new schools and strengthen more than 45 others, and its Institute for His-panic Health develops and implements health education and prevention programs and con-ducts health advocacy activities in partnership with its network of affiliates. \nNCLR’s education component is dedicated \nto increasing educational opportunities, im-proving achievement, supporting college-readi-ness, and promoting equity in outcomes for Latinos. The efforts of the education team build the capacity and strengthen the quality of the community-based education sector and in-form the broader public education system. \nNCLR’s economic and workforce advocacy \nseeks to ensure the Latino community’s ability to contribute to and share in the nation’s eco-nomic opportunities by promoting policies that boost Hispanic employment in good jobs, pro-vide safe and fair workplaces, bridge Latino workers’ education and skills gaps, and offer a secure retirement. \nWith the Raza Development Fund, NCLR’s \ncommunity development lending arm is one of the nation’s largest and most successful com-munity development banks. It has approved more than 117 loans totaling $54.6 million, leveraging more than $267 million in financing to community-based housing projects, schools, health clinics, and day care centers. \nMore recently, in efforts to provide NCLR’s \naffiliates with more direct access to elected of-ficials in Washington, DC, earlier this year NCLR held its first annual NCLR National Ad-vocacy Day. The event convened affiliate members from 22 states who were briefed on the most important issues facing Latinos at the national level, including education, economic mobility, health, and immigration, and who met with Members of Congress to educate them about the needs of the community. \nAs the Representative for Nevada’s First \nCongressional District, it gives me immense pride to recognize the National Council of La Raza (NCLR) and the role they play in edu-cating and training our community members, developing community leaders and fighting for equal rights and fair representation throughout the United States. I am especially pleased to welcome NCLR’s members and the tens of thousands of attendees for its 2012 annual conference to Las Vegas, Nevada. I ask that my colleagues join me in recognizing the great work of NCLR and wish them a most success-ful 2012 conference. INTRODUCTION OF THE TAXPAYER \nBILL OF RIGHTS ACT OF 2012 \nHON. XAVIER BECERRA \nOF CALIFORNIA \nIN THE HOUSE OF REPRESENTATIVES \nThursday, June 28, 2012 \nMr. BECERRA. Mr. Speaker, I have intro-\nduced the Taxpayer Bill of Rights every Con-gress since 2008, and today I am proud to in-troduce the Taxpayer Bill of Rights Act of 2012, legislation that contains important provi-sions to improve services for and protect the rights of American taxpayers, particularly those with modest incomes. Senator Binga-man of New Mexico, a dedicated advocate for taxpayer rights, is introducing companion leg-islation in the Senate. Many of these provi-sions are based on proposals from the Na-tional Taxpayer Advocate, Nina Olson, who has long been a champion of improving tax-payer services and tax administration at the Internal Revenue Service (IRS). \nAs former Nixon Treasury Secretary William \nSimon said, ‘‘The nation should have a tax system that looks like someone designed it on purpose.’’ As we look for ways to restructure the tax code to make it fairer and more trans-parent for all taxpayers, it is critical that ideas to help improve IRS service and accessibility are included in this conversation. Every year, millions of taxpayers file their returns with the IRS and inevitably issues of tax administration come to the forefront. These issues range from taxpayers not knowing their legal rights when interacting with the IRS, to taxpayers enlisting unscrupulous or poorly-trained pre-parers to help them complete one of their most important financial transactions of the year. This legislation aims to help prevent tax-payers from finding themselves in these avoid-able situations, and to build on and improve taxpayer services provided through the IRS. \nThe centerpiece of this Act is the require-\nment that Treasury publish a Taxpayer Bill of Rights. The Taxpayer Bill of Rights will be be a simple and straightforward statement that enumerates all taxpayers’ rights and obliga-tions, as well as reference their location in the tax code. As the National Taxpayer Advocate explained in her 2011 Report to Congress: ‘‘In a time when the IRS will feel pressure to bring in additional tax revenue, it is crucial to pro-vide taxpayers with strong protection for their rights.’’ Currently, these rights and obligations are scattered throughout the tax code and In-ternal Revenue Manual, making them neither accessible nor written in plain language that most taxpayers can understand. \nThis Act also helps improve the quality and \naccessibility of tax preparation services and advice available to taxpayers in several dif-ferent ways. First, it builds on the IRS’s initia-tive to regulate unenrolled tax preparers through examination and continuing education requirements, for which I have been a long time advocate. Implementation of the IRS tax return preparer framework is well underway, and this legislation will simply codify the exist-ing authority of the IRS to regulate tax return preparers. The Act also helps ensure mod-erate income taxpayers have access to quali-fied tax assistance by supporting a grant pro-gram for free income tax assistance services, and by allowing IRS referrals to Low-Income Taxpayer Clinics, which provide representation to modest income taxpayers in their disputes with the IRS. The Act also provides for over-\nsight over facilitators of high cost tax refund anticipation loans and other tax refund delivery products, and significantly increases penalties on preparers of fraudulent tax returns. \nFinally, this bill includes several provisions \nthat would improve IRS taxpayer services. One important provision provides greater pro-tections for taxpayers when they are faced with a Notice of a Federal Tax Lien filing (NFTL). Filing of an NFTL can result in signifi-cant, long-term hardship to a taxpayer, and may adversely affect the taxpayer’s credit, thus impairing his or her ability to conduct fi-nancial transactions or secure employment. The Taxpayer Bill of Rights Act requires the IRS to make individualized determinations be-fore the filing of an NFTL, and also requires consideration of hardship factors and a tax-payer’s history of compliance before these de-terminations are made. \nMany of the problems identified in this bill \nhave gone unaddressed for too long, causing confusion and undue hardship for taxpayers across the country. I encourage all of my col-leagues to support these common sense pro-visions to promote taxpayer rights and serv-ices for all Americans. \nf \nOUR UNCONSCIONABLE NATIONAL \nDEBT \nHON. MIKE COFFMAN \nOF COLORADO \nIN THE HOUSE OF REPRESENTATIVES \nThursday, June 28, 2012 \nMr. COFFMAN of Colorado. Mr. Speaker, \non January 20, 2009, the day President Obama took office, the national debt was $10,626,877,048,913.08. \nToday, it is $15,778,950,543,472.67. We’ve \nadded $5,152,073,494,559.59 to our debt in just over 3 years. This is debt our nation, our economy, and our children could have avoided with a balanced budget amendment. \nOn this day in 1919, the Treaty of Versailles \nwas signed in Paris, ending World War I. Without a balanced budget, the United States will no longer be able to bring peace to war-ring nations. \nf \n125TH ANNIVERSARY OF UNITED \nWAY \nHON. ADAM B. SCHIFF \nOF CALIFORNIA \nIN THE HOUSE OF REPRESENTATIVES \nThursday, June 28, 2012 \nMr. SCHIFF. Mr. Speaker, I rise today to \nrecognize the 125th Anniversary of United Way. \nFounded in 1887, United Way has become \na celebrated organization committed to im-proving communities throughout the United States and around the world. Through locally targeted initiatives, United Way strives to ad-vance the common good, helping communities reach their full potential in the spirit of vol-unteerism and service. United Way mobilizes thousands of individuals and organizations worldwide to improve education, help people achieve financial stability and promote healthy lifestyles in their communities, building the foundation for a stronger, healthier society. \nVerDate Mar 15 2010 03:50 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\\CR\\FM\\A28JN8.009 E28JNPT1smartinez on DSK6TPTVN1PROD with REMARKS CONGRESSIONAL RECORD — Extensions of Remarks E1173 June 28, 2012 \nToday, United Way includes almost 1,800 \ncommunity-based organizations in 41 coun-tries and territories. In Southern California, United Way of Greater Los Angeles is dedi-cated to providing long term solutions for the root causes of poverty. Increasing the high school graduation rate, decreasing homeless-ness and implementing job training and asset development programs are part of a tireless effort to better our community and help people in need. \nTo all of the passionate volunteers, employ-\nees and partners of United Way, I join my col-leagues in recognizing and honoring your leg-acy of inspirational service. \nf \nCOMMENDING THE FORMATION OF \nTHE CONGRESSIONAL ANTI-BUL-LYING CAUCUS \nHON. LAURA RICHARDSON \nOF CALIFORNIA \nIN THE HOUSE OF REPRESENTATIVES \nThursday, June 28, 2012 \nMr. RICHARDSON. Mr. Speaker, I rise to \nexpress my appreciation for the Congressional Anti-Bullying Caucus, a new caucus formed to heighten congressional awareness and advo-cate for policies to combat bullying of all kinds, from the playground to the elderly care facility. Every American is entitled to live, work, and recreate in a safe environment, free of fear from threats to his or her physical safety and mental and emotional security. \nIn recent years we have witnessed an ex-\nplosion in the number of reported and unre-ported cases of bullying. It is thirteen million children will be bullying victims this year alone. It is estimated also that 15 percent of Amer-ican school children skip school to avoid being bullied by schoolmates. This is tragic. Children who fear for their safety cannot learn. If they do not learn, they will not fulfill their potential. If they do not fulfill their position, the nation will be deprived of the talent it needs to com-pete and win in the global economy of the 21st century. If our children fall behind be-cause they lack a safe learning environment, America falls behind. The Congressional Anti- Bullying Caucus aims to do something about. \nFurther, bullying jeopardizes not only the \neducation of our children, but also their very well-being. The term ‘‘bullycide’’ has been coined to define the act of committing suicide as a result of bullying. This continues to be one of the leading causes of death for children under the age of 14. In fact, the rate of suicide among adolescents has grown more than 50 percent over the last 30 years. \nMr. Speaker, unfortunately bullying does not \nend when our children move on from the play-ground. It exists on college campuses, in the workplace, online, and even in elderly care fa-cilities. Nearly half of Americans have experi-enced some sort of violence either in their workplace, at home, or in their community. Hazing on college campuses has been a prob-lem for decades. Five percent of all college students admit to being hazed, with 40 per-cent admitting that a coach or advisor was aware of the hazing and did not intervene. This lack of action is unacceptable. Our col-lege students must have the ability to focus on their work and prepare for their futures, with-out fear of physical or verbal hazing. \nBullying in the workplace appears in various \nforms, from narcissistic bullying, to physical, to verbal. This abuse in the workplace creates a \nhostile work environment, making the organi-zation vulnerable to lawsuits, decreasing mo-rale, and reducing productivity. Thus, bullying is not only negatively impacting our future in the global market, but also our ability to com-pete today. In short, bullying has national im-plications and thus requires national attention and action. \nI am proud to be a charter member of the \nCongressional Anti-Bullying Caucus. I thank Representative H\nONDA , the Chair of the Anti- \nBullying Caucus, for his leadership and look forward to working with him and my fellow members of the caucus to reduce, if not end altogether, the scourge of bullying in our schools, neighborhoods, workplaces, and on-line. \nf \nSTRENGTHENING AND FOCUSING \nENFORCEMENT TO DETER ORGA-NIZED STEALING AND ENHANCE SAFETY ACT OF 2012 \nSPEECH OF \nHON. LINDA T. SA´NCHEZ \nOF CALIFORNIA \nIN THE HOUSE OF REPRESENTATIVES \nTuesday, June 26, 2012 \nMs. LINDA T. SA ´NCHEZ of California. \nMadam Speakers, I rise in support of H.R. 4223, the Safe Doses Act. I am proud to join my colleagues on both sides of the aisle in supporting this important legislation. \nH.R. 4223 addresses a difficult issue in the \npharmaceutical supply chain: the theft of med-ical products. While this body last week passed important legislation to protect con-sumers from counterfeit drugs, there remains a real risk from stolen medical goods. \nThis is a not a hypothetical exercise, it is a \nreal problem. Criminal organizations who steal medical products are not concerned with stor-ing these materials properly, or ensuring that they are only sold with a doctor’s prescription. \nLet me give one brief, but telling example: \nIn 2009, 128,000 vials of insulin were stolen in North Carolina. Beyond the $11 million mone-tary cost of this theft, there was a human cost \nas well. \nThese vials were reintroduced into the sup-\nply chain after being improperly stored. The vials found their way to pharmacies in 17 dif-ferent states, and at least two individuals suf-fered potentially fatal blood sugar levels before the FDA was able to alert the public to this danger. \nH.R. 4223 is a simple and sensible way to \ngive law enforcement and prosecutors a stronger set of tools to go after criminal orga-nizations that are brazenly stealing vital medi-cation and devices. I further note that, beyond the bipartisan support this measure has re-ceived, the Safe Doses Act passed both the House Judiciary and Senate Judiciary Com-mittees unanimously. \nI encourage all of my colleagues to support \nthis legislation, clean up the pharmaceutical supply chain, and protect their constituents. IN RECOGNITION OF MRS. \nMARGARET S. RIKER \nHON. FRANK PALLONE, JR. \nOF NEW JERSEY \nIN THE HOUSE OF REPRESENTATIVES \nThursday, June 28, 2012 \nMr. PALLONE. Mr. Speaker, I rise today to \ncongratulate Mrs. Margaret Riker of Fair Haven, New Jersey. Mrs. Riker is the 2012 Count Basie Theatre’s Summer Soiree hon-oree. Mrs. Riker is a loving mother, profes-sional business woman and active member of the community. Her work and the recognition she is receiving from the Count Basie Theater are truly worthy of this body’s recognition. \nMargaret Riker hails from Bergen County, \nNew Jersey and later moved to Fair Haven, New Jersey in 1989. Mrs. Riker is a proud member of the University of Vermont’s class of 1981 where she earned a Bachelor of Arts Degree in Psychology and English. Mrs. Riker was previously employed in marketing and sales promotion. Mrs. Riker was married to the late William Riker, and is the proud mother of three children, Katie, Jack and Teddy. The Riker family moved to Bermuda in 1993 to support Mr. Riker’s professional endeavors, returning to the United States in 2003. The Riker family currently resides in Rumson, New Jersey. \nMargaret Riker is dedicated to enhancing \nthe quality of life in our local community. She currently serves as President of The Rumson Community Appeal and is a Foundation Board Member of Riverview Hospital. Mrs. Riker also serves as a Community Services Board Mem-ber to the Visiting Nurses Association of Cen-tral New Jersey, Gala Committee Member to Prevention First and supports The Rumson Country Day School and The Lawrenceville School. She passionately represents the mis-sion of these various organizations as a men-tor, advocate and leader. Maggie is also an active member of area clubs including the Sea Bright Tennis and Cricket Club and the Coral Beach Club. Mrs. Riker is committed to the success of the Count Basie Theatre as a re-sult of her passion for the performing arts. Her philanthropic efforts dedicated to maintaining and improving the Count Basie Theatre and the arts will continue enhance future perform-ances. \nMr. Speaker, once again, please join me in \ncongratulating Margaret Riker for serving as honoree at the Count Basie Theatre’s Summer Soiree. Mrs. Riker’s contributions to her family and community continued to resonate with the constituents throughout Monmouth County, New Jersey. \nf \nDEPUTY SHERIFF SHERVIN \nLALEZARY \nHON. HOWARD L. BERMAN \nOF CALIFORNIA \nIN THE HOUSE OF REPRESENTATIVES \nThursday, June 28, 2012 \nMr. BERMAN. Mr. Speaker, I am joined by \nmy colleague Congressman H ENRY WAXMAN \nto pay tribute to Deputy Sheriff Shervin Lalezary for his outstanding courage and brav-ery in capturing an infamous arsonist that wreaked havoc in the city of Los Angeles. Shervin is a real estate attorney \nVerDate Mar 15 2010 03:50 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\\CR\\FM\\A28JN8.012 E28JNPT1smartinez on DSK6TPTVN1PROD with REMARKS CONGRESSIONAL RECORD — Extensions of Remarks E1174 June 28, 2012 \nduring the day and dedicates his time to vol-\nunteer as Reserve Deputy Sheriff with the L.A. Sheriff’s Department at night. \nAt 3 a.m. on January 2, 2012, Deputy Sher-\niff Lalezary became a local hero and a na-tional sensation when he captured Harry Burkhart, a 24-year-old German national whom Los Angeles County Sheriff Lee Baca called ‘‘perhaps . . . the most dangerous ar-sonist in the county of Los Angeles.’’ Burkhart was arrested for setting a rash of car and building fires across the city. Following his ar-rest, there were no more suspicious fires doc-umented in Los Angeles. \nDeputy Sheriff Lalezary is a hero who dem-\nonstrates exemplary values and integrity and most-importantly inspires his peers. During his numerous press conferences, public events, and even an appearance on the TV show ‘‘Ellen,’’ he has continued to impress us with his selfless dedication and altruism. He contin-ually downplays his role in the arrest, deflect-ing questions about himself and his personal life, and praising the deputies at the sheriff’s West Hollywood station. \nShervin’s commitment to serving Los Ange-\nles and keeping us safe reflects the Jewish value of tikkun olam and the importance of giving back to our country. 30 Years After, an Iranian-American non-profit organization that promotes civic participation, rightfully pre-sented Shervin with the 2012 Public Service Award on behalf of 30 Years After and the Persian-American community. \nMr. Speaker and distinguished colleagues, \nwe ask you to join us in recognizing Deputy Sheriff Shervin Lalezary for his years of serv-ice and dedication to the safety and well being of our community. He is the epitome of a true humanitarian. \nf \nHONORING THE SERVICE OF \nJUDGE DAMON J. KEITH \nHON. JOHN CONYERS, JR. \nOF MICHIGAN \nIN THE HOUSE OF REPRESENTATIVES \nThursday, June 28, 2012 \nMr. CONYERS. Mr. Speaker, I rise to honor \nthe career and service to the United States of Judge Damon J. Keith on the occasion of his 90th birthday. \nSince joining the federal judiciary, Judge \nKeith has steadfastly and courageously pro-tected the constitutional and civil rights of this country’s citizens. \nIn 1967, President Lyndon Johnson ap-\npointed Judge Keith to the U.S. District Court for the Eastern District of Michigan, making him only the second African-American to sit on that court at that time. During his tenure on the District Court, Judge Keith delivered sev-eral key civil rights rulings. He addressed the issue of school desegregation in Davis v. School District of the City of Pontiac in 1970; of employment discrimination and affirmative action in Stamps v. Detroit Edison Co., in 1973 and Baker v. City of Detroit in 1979; and finally, of housing discrimination in Garrett v. City of Hamtramck in 1971 and Zuch v. Hussey in 1975. Judge Keith became Chief Judge of the Eastern District of Michigan in 1975. \nIn 1971, Judge Keith issued a landmark civil \nliberties ruling in U.S. v. Sinclair, which came to be known as the ‘‘Keith decision.’’ Later unanimously upheld by the United States Su-\npreme Court, Judge Keith’s decision held un-constitutional wiretap surveillance absent a court order in domestic security cases. \nJudge Keith continued to safeguard con-\nstitutional rights and civil liberties on the United States Court of Appeals for the Sixth Circuit, where he has served since his ap-pointment in 1977 by President James E. Car-ter. In the 1980s, Judge Keith served as chair of Sixth Circuit and Judicial Conference Com-mittees commemorating the Bicentennial of the Constitution. He took senior status in 1995. \nJudge Keith was born in Detroit, Michigan \non July 4, 1922 and became the first member of his family to attend college, earning a bach-elor’s degree from West Virginia State Col-lege. After serving our Nation for three years in the U.S. Army, he went on to receive an LL.B. from Howard University Law School and an LL.M. in labor law from Wayne State Uni-versity Law School. \nJudge Keith started his legal career with the \nAfrican-American Detroit law firm of Loomis, Jones, Piper & Colden and was one of six De-troit attorneys invited to the White House in 1963 by President John F. Kennedy to discuss the role of lawyers in the civil rights struggle. Later, Judge Keith and four other African- American attorneys established a law firm in what had previously been the all-white legal district of downtown Detroit. At this time, Judge Keith also served as Chair of the Michi-gan Civil Rights Commission and President of the Detroit Housing Commission. \nThroughout his distinguished career, Judge \nKeith has received numerous honors and awards, including: the National Association for the Advancement of Colored People’s highest award, the Spingarn Medal, in 1974; the American Bar Association’s Thurgood Marshall Award in 1997; and, the Edward J. Devitt Award for Distinguished Service to Justice in 1998, presented by a panel comprised of a United States Supreme Court Justice, a fed-eral circuit court judge, and a federal district court judge. \nJudge Keith also holds honorary degrees \nfrom Harvard University, Yale University, Georgetown University, the University of Michigan, Tuskegee University, and over thirty other institutions. \nIn addition, Judge Keith has played an ac-\ntive role in numerous civic, cultural, and edu-cational organizations, including the Detroit YMCA, the Detroit Arts Commission, the De-troit Cotillion Club, and Interlochen Arts Acad-emy, and has served as an active fundraiser for the United Negro College Fund and the Detroit NAACP. \nFor fifty-three years, Judge Keith was mar-\nried to the late Rachel Boone Keith, M.D., with whom he had three daughters, Gilda, Debbie, and Cecile. \nFor his consistent defense of the Constitu-\ntion and the civil rights of all people, on his 90th birthday, I honor and thank Judge Keith for his invaluable service to the United States. INTRODUCING A RESOLUTION IN \nSUPPORT OF THE XIX INTER-NATIONAL AIDS CONFERENCE \nHON. ALCEE L. HASTINGS \nOF FLORIDA \nIN THE HOUSE OF REPRESENTATIVES \nThursday, June 28, 2012 \nMr. HASTINGS of Florida. Mr. Speaker, I \nrise today to introduce a resolution in support of the XIX International AIDS Conference (AIDS 2012), which takes place from July 22, 2012, through July 27, 2012, at the Walter E. Washington Convention Center in Washington, DC. This year’s conference is of particular sig-nificance, as it represents the return of the International AIDS Conference to the United States after the 1987 HIV travel and immigra-tion ban was lifted in 2010. My resolution sup-ports a stronger international response to HIV/ AIDS that seeks to foster greater scientific and programmatic collaborations around the world in order to prevent the transmission of HIV; in-crease access to testing, treatment, and care; and improve health outcomes for all people living with HIV/AIDS. \nThere are currently 33.4 million people living \nwith HIV/AIDS worldwide, and more than 25 million have died of AIDS since the first cases were reported in 1981. In the United States, more than one million people are living with HIV/AIDS and approximately 50,000 individ-uals become newly infected with the virus each year. Furthermore, one in five individuals living with HIV is unaware of their infection and societal stigma remains a significant chal-lenge, underscoring the need for greater edu-cation about HIV/AIDS and access to testing. Significant disparities also persist across di-verse communities and populations with re-gard to incidence, access to treatment, and health outcomes, particularly for men who have sex with men (MSM), racial and ethnic minorities, women, and young people. \nSince 1985, the now biennial International \nAIDS Conference has brought together the world’s leading scientists, public health ex-perts, policymakers, community leaders, and persons living with HIV/AIDS in order to ad-dress the major issues facing the global re-sponse to HIV/AIDS; evaluate recent scientific developments and share knowledge; and fa-cilitate a collective strategy forward. AIDS 2012 is organized by the International AIDS Society (IAS) and expected to convene more than 20,000 delegates from nearly 200 coun-tries, including 2,000 journalists. The theme of AIDS 2012, ‘‘Turning the Tide Together,’’ em-bodies both the promise and urgency of uti-lizing recent scientific advances in HIV/AIDS treatment and biomedical prevention; con-tinuing research for an HIV vaccine and cure; and scaling up effective, evidence-based inter-ventions in key settings in order to change the course of the HIV/AIDS crisis. \nAIDS 2012 is a tremendous opportunity to \nfurther strengthen the role of the United States in global HIV/AIDS initiatives; re-energize the response to the domestic epidemic within the current context of significant global economic challenges; and focus particular attention on the devastating impact that HIV is having on different communities across the country. My resolution supports the goal of bringing re-newed awareness of, and commitment to, ad-dressing the HIV/AIDS crisis in the United States and abroad. In particular, it recognizes \nVerDate Mar 15 2010 03:50 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\\CR\\FM\\A28JN8.016 E28JNPT1smartinez on DSK6TPTVN1PROD with REMARKS CONGRESSIONAL RECORD — Extensions of Remarks E1175 June 28, 2012 \nthat formulating sound public health policy; \nprotecting human rights; advancing sexual and reproductive health and rights; addressing stigma, poverty, and other societal challenges; and ensuring accountability are key to over-coming HIV/AIDS. It also encourages the on-going development of innovative therapies and advances in clinical treatment for HIV/AIDS in the public and private sectors. \nMr. Speaker, continued commitment by the \nUnited States to HIV/AIDS research, preven-tion, and treatment programs is crucial to pro-tecting global health. I urge my colleagues to support my resolution, which recognizes the importance of the XIX International AIDS Con-ference in the global effort to end the HIV/ AIDS pandemic and create an ‘‘AIDS-free generation.’’ We are closer to a future without HIV/AIDS than ever before. Together with the international community, we have the means to bring an end to HIV/AIDS once and for all. What we need now is leadership and soli-darity. \nf \nA TRIBUTE TO HONOR THE LIFE \nAND MEMORY OF DR. ROBERT J. GLASER \nHON. ANNA G. ESHOO \nOF CALIFORNIA \nIN THE HOUSE OF REPRESENTATIVES \nThursday, June 28, 2012 \nMs. ESHOO. Mr. Speaker, I rise today to \nhonor the extraordinary life of Dr. Robert J. Glaser, former Dean of the Stanford University School of Medicine and a national figure in medical education. Dr. Glaser passed away on June 7, 2012, at his home in Palo Alto, sur-rounded by his family. Dr. Glaser, who was 93 years old, is survived by three children; Sally, Joseph Glaser II and Robert Glaser, Jr., and four grandchildren. His beloved wife Helen Glaser passed away in 1999. \nDr. Glaser was born and raised in St. Louis. \nHe received his undergraduate degree from Harvard College in 1940 and his M.D., magna cum laude, from Harvard Medical School in 1943. He then returned to St. Louis to do his residency at Barnes Hospital of Washington University School of Medicine. \nWhile at Barnes, his ‘‘wandering eye fixed \non an attractive young woman in the senior class,’’ he wrote in his Harvard 25th reunion memoir. The medical student and soon-to-be pediatrician was Helen Hofsommer, M.D. She would become Glaser’s wife. \nAfter their wedding, the couple spent the \nnext eight years in St. Louis, while Dr. Glaser moved through the ranks at Washington Uni-versity, rising from Instructor to Associate Pro-fessor to Assistant Dean and Associate Dean of the Medical School. In 1956, he accepted the position of Dean of Medical School and Vice President for Medical Affairs at the Uni-versity of Colorado. In 1963, he was tapped to lead Affiliated Hospitals Center Inc., in Boston, an ambitious, $50 million merger of six Har-vard-affiliated hospitals. \nIn 1965, he was named the Dean of the \nStanford School of Medicine, which had moved from San Francisco to Palo Alto. ‘‘Though he came after the move, he was the one who shepherded the school through its formative years to get everything settled—get the molecules in motion,’’ said James B.D. Mark, M.D., who arrived at Stanford the same year. ‘‘He was a leader at a critical time in the \nlife of this medical school.’’ Dr. Mark described Dr. Glaser as someone who had ‘‘great en-ergy, great experience, high standards and worked hard.’’ Paul Berg, Ph.D., said Dr. Glaser was a caring person who was ‘‘easy to talk to. It was always fun to talk to him. And he was very devoted to the school.’’ \nAt the time, the hospital on campus was co- \nowned by the city of Palo Alto. As Dean and Vice President for Medical Affairs at Stanford, Dr. Glaser oversaw the purchase of the city’s share of the Palo Alto-Stanford Hospital in 1968. ‘‘Dr. Robert Glaser was an extraordinary figure in American medicine and at Stanford specifically,’’ said Philip Pizzo, M.D., the cur-rent Dean of the Stanford School of Medicine. ‘‘Dr. Glaser’s vision shaped Stanford Medicine as we know it today, and his contributions have had an indelible mark on individuals, in-stitutions and communities, locally and glob-ally.’’ \nDr. Glaser was tapped to serve as Acting \nPresident of Stanford University following the retirement of Dr. J.E. Wallace Sterling. He led the University at a tumultuous time of student protests against the war in Vietnam and was lauded by students for his sensitivity and re-sponsiveness. At the medical school, Dr. Glaser also oversaw major changes in the cur-riculum to give students greater flexibility—a feature that remains a hallmark of the cur-riculum today. Even into his 90s, Dr. Glaser continued to attend medical grand rounds and teaching conferences. \nAfter serving as Dean for five years, Dr. \nGlaser left Stanford in 1970 to serve as Vice President and Trustee at the Commonwealth Fund, a New York-based philanthropy devoted to improving health care. ‘‘Before he left for the Commonwealth Fund, his line was, ‘I’m going to see if it’s better to give, than not to receive,’ ’’ said Dr. Mark, recalling Glaser’s dry wit. \nHe subsequently went on to serve as Presi-\ndent, Chief Executive Officer and Trustee of the Henry J. Kaiser Family Foundation from 1972 through 1983. From 1984–97, he was Director for Medical Science and Trustee of the Lucille P. Markey Charitable Trust, where he oversaw distribution of more than $500 mil-lion in support of medical science research, in-cluding the establishment of the Markey Trust Scholar Program. \nDr. Glaser also had a long-term involvement \nwith the Palo Alto Medical Foundation. Initially engaged through its research institute, in 1981 he became a founding member of its Board of Trustees and continued as an Emeritus Trust-ee through 2008. \nA member of Alpha Omega Alpha, he \nserved on its Board of Directors and as the Editor from 1962–97 of its scholarly journal The Pharos, while his wife served as Man-aging Editor. \nDr. Robert Glaser was also active nationally \nin medical education through the Association of American Medical Colleges and served on the National Advisory Committee on Higher Education. He was a founding member of the Institute of Medicine of the National Academy of Sciences and served on the boards of many organizations, including Washington University, the David and Lucile Packard Foundation, the Packard Humanities Institute, the Albert and Mary Lasker Foundation, the Kaiser Hospitals and Health Plan, Hewlett- Packard and Alza Corp. He also received many awards and honors, \nincluding the Abraham Flexner Medal for Dis-tinguished Service to Medical Education; the Stearns Award for Lifetime Achievement in Medicine from the New York Academy of Medicine; the Dean’s Medal from Stanford School of Medicine; the Dean’s Medal from the Harvard Medical School; and the Harvard Medal for Distinguished Service. \nIn addition to his professional interests, Dr. \nGlaser had a lifelong passion for the commer-cial airline industry. Over the years, said his daughter, Sally Glaser, Ph.D., ‘‘He and one of my brothers would often sit out in the back- yard, listening to air traffic control communica-tions as they looked at the approaching air-craft through binoculars.’’ He was an avid trav-eler, logging more than five million miles in air travel for both professional and pleasure trips, including his last trip to Harvard in 2010 to at-tend his 70th college reunion. \nMr. Speaker, I ask my colleagues to join me \nin extending our deepest condolences to Dr. Glaser’s three children, his four grandchildren, his colleagues and his students who knew and loved him throughout his extraordinary life. Dr. Glaser was a kind man, a brilliant doctor and a masterful educator. His life stands as an in-spiration to all and a model of citizenship. He bettered our Nation, and gladdened our world. \nf \nSECURING MARITIME ACTIVITIES \nTHROUGH RISK-BASED TAR-GETING FOR PORT SECURITY ACT \nSPEECH OF \nHON. PETER T. KING \nOF NEW YORK \nIN THE HOUSE OF REPRESENTATIVES \nTuesday, June 26, 2012 \nMr. KING of New York. Madam Speaker, I \nam submitting the following letter exchange for the R\nECORD between myself and Chairman \nDAVECAMP of the House Committee on Ways \nand Means: \nHOUSE OF REPRESENTATIVES , \nWashington, DC, June 27, 2012. \nHon. P ETER KING, \nChairman, Committee on Homeland Security, \nHouse of Representatives, Washington, DC. \nDEARCHAIRMAN KING: I am writing to you \nconcerning the bill H.R. 4251, the ‘‘Securing Maritime Activities through Risk-based Tar-geting for Port Security Act.’’ This legisla-tion includes several provisions in section 201 that pertain to the jurisdiction of the Committee on Ways & Means with respect to Customs and Border Protection’s mission of facilitating the efficient flow of legitimate commerce. \nThe Committee recognizes the importance \nof H.R. 4251 and the need to move expedi-tiously. Therefore, the Committee is willing to forego action on the bill with the under-standing that by doing so, the Committee is not in any way prejudiced with respect to its jurisdictional prerogatives or the appoint-ment of conferees on this or similar legisla-tion. \nIn addition, I appreciate your agreement \nthat the Ways & Means Committee be in-cluded within the definition of ‘‘appropriate congressional committees’’ so that it will re-ceive the implementation and strategic plans required in section 201 of the bill. \nI would appreciate your response to this \nletter, confirming this understanding with respect to H.R. 4251, and would ask that a \nVerDate Mar 15 2010 03:50 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\\CR\\FM\\A28JN8.018 E28JNPT1smartinez on DSK6TPTVN1PROD with REMARKS CONGRESSIONAL RECORD — Extensions of Remarks E1176 June 28, 2012 \ncopy of our exchange of letters on this mat-\nter be included in the Congressional Record. \nSincerely, \nDAVECAMP, \nChairman, Committee on Ways and Means. \nHOUSE OF REPRESENTATIVES \nWashington, DC, June 28, 2012. \nHon. D AVECAMP, \nChairman, Committee on Ways and Means, \nWashington, DC. \nDEARCHAIRMAN CAMP: Thank you for your \nletter regarding H.R. 4251, the ‘‘SMART Port Security Act of 2012.’’ I acknowledge that by forgoing action on this legislation, your Committee is not diminishing or altering its jurisdiction. \nI also concur with you that forgoing action \non this bill does not in any way prejudice the Committee on Ways and Means with respect to its jurisdictional prerogatives on this bill or similar legislation in the future. I agree that the Committee on Ways and Means is considered to be an ‘‘appropriate congres-sional committee’’ in regards to the certain reports required by section 201 in H.R. 4251. \nI will include our letters on H.R. 4251 in the \nCongressional Record, and I appreciate your cooperation regarding this legislation. \nSincerely, \nP\nETER T. K ING, \nChairman. \nf \nPERSONAL EXPLANATION \nHON. TIMOTHY V. JOHNSON \nOF ILLINOIS \nIN THE HOUSE OF REPRESENTATIVES \nThursday, June 28, 2012 \nMr. JOHNSON of Illinois. Mr. Speaker, I \nwas present for rollcall No. 431 and 433, and was off the floor talking with constituents from Douglas and Piatt Counties, and inadvertently missed the vote. I support the fiscal savings attendant to this amendment but had concerns over its language. Therefore, if present, I would have voted ‘‘Present.’’ \nf \nTRIBUTE TO RICHARD COLEMAN \nKELLEY \nHON. MARY BONO MACK \nOF CALIFORNIA \nIN THE HOUSE OF REPRESENTATIVES \nThursday, June 28, 2012 \nMrs. BONO MACK. Mr. Speaker, I rise \ntoday to join my colleague and friend, Con-gressman K\nENCALVERT , to honor and pay trib-\nute to a dear friend, Richard Coleman Kelley. Richard passed away on Thursday, June 14, 2012. A devoted husband, brother, father, and grandfather, he will be deeply missed. \nRichard was born March 19, 1930 in Co-\nrona, California to David and Margaret Kelley, who were beginning to develop their property in Hemet into a citrus grove. He attended schools in Corona, and after graduating from the Army and Navy Academy in Carlsbad, California, he served honorably in the United States Air Force from 1950 to 1954. He spent a semester at the University of California at Davis before returning to work for his father on their family’s ranch, only to later develop a cit-rus ranch of his own. In 1957, Richard married Jeanne Vig and continued to farm in Hemet while raising their three children, where he was partner of Kelley Citrus and owned Circle K Five Citrus. It is hard to imagine that Richard had any \nfree time on his hands, and yet he always found time for his community and family. Rich-ard was active in his church, was vice presi-dent of the Riverside County Farm Bureau, president of the Hemet Optimist Club, was ac-tive in parent-teacher organizations, and sup-ported every team and club in which his chil-dren participated. He also served on the board of Eastern Municipal Water District (EMWD) beginning in September of 1981, serving on the Legal Committee and as Chairman of the Building and Grounds Committee. Richard also enjoyed inventing, skiing, jogging, and farming. In fact, many of Richard and Jeanne’s ‘‘vacations’’ were spent helping work on their daughter’s and son’s farms in Idaho. \nIn response to the high water costs that \ncould have forced small farmers out of busi-ness in the early 1980s, Richard once said, ‘‘Agricultural water is my main interest . . . something has to be done.’’ And as an EMWD board member and concerned citizen, he worked tirelessly to address this threat to an American way of life. That is just one testa-ment to his can-do spirit and willingness to help solve problems in his home town that made him such a treasure to the Riverside County area for so long, and is what we will remember about him most. \nOn Wednesday, June 27, 2012, a memorial \nservice celebrating Richard’s extraordinary life was held. Richard will always be remembered for his legendary work ethic, generosity, con-tributions to the community, and love of family. His dedication to his work, family, and commu-nity are a testament to a life well-lived and a legacy that will continue. I extend my deepest condolences to Richard’s family and friends. Although Richard may be gone, the light and goodness he brought to our great State will \nnever be diminished and will never be forgot-ten. \nRichard is survived by his children, Janice \nof Hemet, Kathy of Weiser, Idaho and Ron of Weiser, Idaho; five grandchildren; and his brother, former California State Assemblyman and Senator, David Kelley. Our thoughts and prayers are with Richard’s family and the many others he touched. \nf \nJUSTICE FOR MIR QUASEM ALI \nHON. JOE WILSON \nOF SOUTH CAROLINA \nIN THE HOUSE OF REPRESENTATIVES \nThursday, June 28, 2012 \nMr. WILSON of South Carolina. Mr. Speak-\ner, last week, as a Member of the House For-eign Affairs Committee, Subcommittee on the Middle East and South Asia, I met Mir Ahmad BinQuasem of Bangladesh. Mir Ahmad in-formed me that his father, Mir Quasem Ali, was arrested on June 17, 2012, by the Ban-gladesh International, War, Crimes Tribunal for alleged crimes committed during the 1971 War of Liberation against then-West Pakistan, and for campaigning ‘‘against the process of this [War Crimes] Tribunal in foreign countries.’’ Mir Quasem Ali is the owner of Bangladesh’s largest opposition-run media outlet, which has been openly critical of the Tribunal and of the ruling government at-large. As such, I am con-cerned that his arrest and ongoing detention may represent a thinly-veiled attempt by the ruling government of Bangladesh to silence its opponents and critics. In addition to my concerns about this arrest, \nit has come to my attention that the Tribunal itself is inherently flawed and lacks compliance with international standards. It appears that the Tribunal is international in name only, as it lacks international oversight or involvement, experienced foreign attorneys have been banned from participating, and the Tribunal violates at least two of Bangladesh’s inter-national treaty obligations. Tribunal defendants are not only denied access to international standards of justice, but several of the rights granted by domestic law. These include the right to an independent appeal, which is ex-plicitly denied to defendants of the Tribunal. \nAs a member of the Middle East and South \nAsia subcommittee, I am very concerned about the implications that Mir Quasem Ali’s arrest has for the state of democracy within Bangladesh. I will continue to closely monitor this situation and I hope that Bangladesh will take assertive measures to ensure that its up-coming elections are conducted in a openly democratic matter. I am hopeful for a bright fu-ture for the people of Bangladesh with open and fair justice for all of its citizens. \nf \nOPPOSING THE CONFERENCE \nREPORT TO ACCOMPANY H.R. 4348 \nHON. EDWARD J. MARKEY \nOF MASSACHUSETTS \nIN THE HOUSE OF REPRESENTATIVES \nThursday, June 28, 2012 \nMr. MARKEY. Mr. Speaker, I have declined \nto add my signature to the Conference Report to accompany H.R. 4348, legislation to reau-thorize the highway trust fund. \nWhile the highway bill has traditionally been \nthe product of reasonable, bipartisan com-promise, the House Republican’s version of this year’s bill was so extreme the Conference Report was hobbled from the start. \nHouse Republicans took the jobs and eco-\nnomic development promised by this highway bill hostage—with unrelated provisions like the Keystone pipeline as the ransom—and the Senate had no choice but to negotiate with the hostage takers. \nProvisions allocating critical conservation \nfunding across the country, through the Land and Water Conservation Fund and a National Endowment for the Oceans, was struck from the Conference Report; only funding for the five Gulf States—Alabama, Mississippi, Lou-isiana, Florida and Texas—has survived. That funding will certainly be beneficial but the broader conservation programs should have been included, as well. \nThe Conference Report also includes provi-\nsions prohibiting the National Park Service from complying with the law limiting the im-pacts of aircraft noise on Grand Canyon Na-tional Park. Why we would want to use a transportation bill to make one of the crown jewels of the National Park System louder and dirtier is a mystery. \nMost troubling, the Conference Report in-\ncludes unjustified and harmful provisions which will undermine environmental reviews of highway and transit projects. Republicans have claimed environmental reviews delay highway projects but the facts are that most transportation projects already proceed under expedited environmental reviews and there is no evidence whatsoever that these reviews cause delay. \nVerDate Mar 15 2010 03:50 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\\CR\\FM\\A28JN8.020 E28JNPT1smartinez on DSK6TPTVN1PROD with REMARKS CONGRESSIONAL RECORD — Extensions of Remarks E1177 June 28, 2012 \nNevertheless, the Conference Report in-\ncludes several broad new categorical exclu-sions from the National Environmental Policy Act, or NEPA. These new exclusions lack flexibility or adequate standards and will limit public participation and careful consideration of transportation projects that can have dev-astating impacts on neighborhoods and our natural, cultural and historic resources. In the end, the purpose of these provisions is to speed up highway construction, not by cutting alleged ‘‘red-tape’’ but by making it harder for local communities to gather information and have input in projects that may go right through their backyards. \nUnbelievably, the Conference Report also \nincludes a radical new idea that agencies should be fined, through rescission of up to 7 percent of their budgets, for missing arbitrary deadlines for environmental reviews. Given that the main reason agencies struggle to complete these reviews quickly is a lack of funding and staff, cutting their budgets as pun-ishment will only make the problem worse. \nInclusion of funding for the Secure Rural \nSchools and the Payment in Lieu of Taxes programs are positive steps, while removal of divisive, unrelated provisions on coal ash and the Keystone Pipeline are welcome improve-ments, compared to the House Republican bill. \nFinally, the process used to develop this \nConference Report was unfortunate. Con-ferees have been asked to sign an agreement we have had little or no time to review and the substance of the agreement was negotiated largely without input from most conferees. \nThis Conference Report will harm those liv-\ning and working near transportation projects in the future and fails to address some of the most pressing conservation needs facing this nation. We can and should do better. \nf \n100TH ANNIVERSARY OF THE ST. \nPAUL YACHT CLUB \nHON. BETTY McCOLLUM \nOF MINNESOTA \nIN THE HOUSE OF REPRESENTATIVES \nThursday, June 28, 2012 \nMs. M CCOLLUM. Mr. Speaker, today I rise \nto honor the Saint Paul Yacht Club in honor of the 100th Anniversary of the organization. For a century, this venerable institution has been providing safe and affordable boating opportu-nities to residents of Saint Paul and sur-rounding communities. \nSince 1912, the Saint Paul Yacht Club has \nplayed a central role promoting and providing access to Minnesota’s premier waterways. Originally known as the Saint Paul Motorboat Club, the early club served an active and growing speed boating population on all three of Minnesota’s major rivers, the Mississippi, the Minnesota, and the Saint Croix. Early members could rent boat slips for 10 cents per foot, and purchase gasoline for 10 cents per gallon. To retrieve the gasoline, 5 gallon cans were lowered by a rope from the Wabasha Bridge to the boaters on the water. \nIn addition to providing helpful services to its \nmembers, the Saint Paul Yacht Club orga-nized picnics, boat races and other social and recreational events. Boat races were particu-larly popular in the 1920s and 1930s. On one occasion, Christopher Columbus Smith— founder of the iconic Chris Craft boat com-\npany—set a world water speed record at a club organized boat race. \nThe Saint Paul Yacht Club has remained in \ncontinuous operation since 1912, and currently manages two state of the art harbor facilities within the jewel of the Saint Paul public parks—Harriet Island Regional Park—on the Mississippi River in the city’s downtown. Today, the harbor remains a hub of activity, hosting 230 boat slips for vessels that are up to 50 feet long, and serving as home to a thriving year-round live-aboard and seasonal boating community. Boaters come from near and far to enjoy the tremendous views of Saint Paul and the surrounding natural beauty of the Mississippi River National River Recreation Area. \nThroughout its century of service to the \nboating public, the Saint Paul Yacht Club has served as a model of responsible stewardship to Minnesota waterways. By promoting safe and accessible boating activities, the club has provided a tremendous service to many Saint Paul residents and visitors. The Saint Paul Yacht Club is truly an exemplary asset to our city and state. \nMr. Speaker, in honor of the 100th Anniver-\nsary of the Saint Paul Yacht Club, it is a privi-lege to submit this statement for the C\nONGRES -\nSIONAL RECORD . \nf \nTRANSPORTATION, HOUSING AND \nURBAN DEVELOPMENT, AND RE-LATED AGENCIES APPROPRIA-TIONS ACT, 2013 \nSPEECH OF \nHON. LAURA RICHARDSON \nOF CALIFORNIA \nIN THE HOUSE OF REPRESENTATIVES \nWednesday, June 27, 2012 \nThe House in Committee of the Whole \nHouse on the state of the Union had under consideration the bill (H.R. 5972) making ap-propriations for the Departments of Trans-portation, and Housing and Urban Develop-ment, and related agencies for the fiscal year ending September 30, 2013, and for other pur-poses: \nMs. RICHARDSON. Mr. Chair, later this \nweek, the House is scheduled to consider H.R. 5972, the Transportation & Housing and Urban Development (THUD) Appropriations Art for Fiscal Year 2013. This bill funds the agencies that address our nation’s housing and transportation needs, and is one of the most important pieces of legislation the House will consider this year. The THUD bill rep-resents a tremendous opportunity to improve our economic competitiveness and ensure the wellbeing of working Americans, and I rise to offer some preliminary observations on the bill that will be debated over the next several days. \nI serve as a proud Member of the House \nCommittee on Transportation and Infrastruc-ture, and my home district is home to some of the busiest freeways, railways and ports in the country. I also have the privilege of rep-resenting many economically disadvantaged individuals who benefit from the fair housing initiatives and grant programs covered in this bill. \nI have long advocated, and will continue to \nadvocate, on behalf of the 37th Congressional District of California for an enlightened trans-\nportation policy that will position the United States to compete and win in the global econ-omy of the 21st Century. Since many amend-ments will have to be considered before the vote on final passage, I am reserving my final judgment as to how I will cast my vote. Never-theless, I would like to take a moment to com-mend Mr. L\nATHAM and Mr. O LVER , the Chair \nand Ranking Member of the Subcommittee, for their work, including nine major funding re-quests that I submitted to the Committee in the bill reported to the House. Specifically the bill includes the following: \nCommunity Development Block Grant \n(CDBG) Program. CDBG is the centerpiece of the federal governments efforts to help more than 1200 cities, counties and states meet the needs of their low and moderate-income peo-\nple and communities. It revitalizes commu-nities—with proven results. CDBG helps fund a wide range of activities including housing in-vestments, public infrastructure improvements, public services, and local economic develop-ment projects where the private market is ab-sent. The Committee recommended $3.344 billion, which was $44 million above my re-quest. \nFair Housing Initiatives Program. FHIP is a \ncompetitive grant program and is the primary source of funding for fair housing education and enforcement activities at the local level. Local fair housing organizations funded by FHIP protect the housing rights of the public and educate people about their fair housing rights. The program is vital given the extreme fragility that currently exists in the housing market. The Committee met my request by continuing funding at the FY12 level of $42.5 million. \nTenant Based Rental Assistance Program. \nHUD’s Section 8 programs help low-income elderly, families with children, and people with disabilities secure and maintain decent, afford-able homes. In both urban and rural commu-nities, Section 8 rental assistance provides the foundation for millions of individuals and fami-lies to live with dignity, maintain steady work, and improve the lives of their children. The Committee recommended approximately $19.1 billion for this program, or $60 million above my request. \nCommunity Planning and Development from \nthe Department of Housing and Urban Devel-opment. HUD’s The Office of Community Planning and Development (CPD) seeks to develop viable communities by promoting inte-grated approaches that provide decent hous-ing, a suitable living environment, and expand economic opportunities for low and moderate income persons. The primary means towards this end is the development of partnerships among all levels of government and the pri-vate sector, including for-profit and non-profit organizations. The Committee recommended $103.5 million. Although this was slightly below my request, it exceeded the FY12 level of funding by $3.5 million. \nIndian Community Development Block \nGrant. The Indian Community Development Block Grant (ICDBG) program provides com-petitive grants to Indian tribes and Alaska Na-tive villages for housing, community facilities, and economic development. ICDGB funds community infrastructure like roads and sewer systems that improve the quality of available housing units while making new housing more affordable and accessible. The Committee met my request of $60 million. \nVerDate Mar 15 2010 03:50 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\\CR\\FM\\A28JN8.024 E28JNPT1smartinez on DSK6TPTVN1PROD with REMARKS CONGRESSIONAL RECORD — Extensions of Remarks E1178 June 28, 2012 \nNative American Housing Block Grants. In-\ndian Housing Block Grants go directly to trib-ally designated housing entities (TDHEs) for housing development, housing services for eli-gible families, crime prevention and safety, and demonstration projects that provide cre-ative approaches to solving affordable housing shortages. TDHEs must submit an Indian Housing Plan each year they receive funding, followed by an end-of-year Annual Perform-ance Report to report on progress towards meeting their goals. The Committee rec-ommended $650 million for these grants, thereby meeting my request. \nHUD–VASH Program. HUD–VASH is the \nonly program that supports the permanent housing and rehabilitation of homeless vet-erans. HUD–VASH is a joint HUD and VA ini-tiative that provides specially designated Sec-tion 8 ‘‘Housing Choice’’ vouchers, case man-agement, and supportive services to homeless veterans. Vouchers are used to assist with the payment of rent for veterans and their families. The goal of the program is to support vet-erans’ permanent housing in the community. The Committee’s recommendation was equal to my request of $75 million. \nMaritime Security Program. The Maritime \nSecurity Program ensures that the United States has the U.S.-flag commercial sealift ca-pability and trained U.S. citizen merchant mariners available to crew the government and privately-owned vessels needed by the Department of Defense in time of war or other international emergency. The Committee matched my request of $184 million, which in-creased funding over FY12 levels by $10 mil-lion. \nHousing for the Elderly (Section 202) Cap-\nital Advance Program. Capital advances fi-nance construction, rehabilitation, or acquisi-tion of structures that will serve as supportive housing for very low-income elderly persons. Section 202 provides rent subsidies for projects to help keep them affordable for these vulnerable populations. We recommend rein-stating funding to allow affordable special needs housing developers to provide sup-portive housing options for the elderly, particu-larly within AANHPI enclaves. The Committee exceeded my request for funding by allocating $425 million. \nMr. Chair, I again extend my sincere thanks \nto Chairman L\nATHAM and Ranking Member \nOLVER for their careful consideration of my ap-\npropriations requests. While I reserve my final judgment on this bill, I do believe that the full funding of these programs and departments will make a real difference in boosting the economy and improving the lives of vulnerable communities. \nf \nIN RECOGNITION OF THE 95TH AN-\nNIVERSARY OF THE FRESNO COUNTY FARM BUREAU \nHON. JIM COSTA \nOF CALIFORNIA \nIN THE HOUSE OF REPRESENTATIVES \nThursday, June 28, 2012 \nMr. COSTA. Mr. Speaker, I rise today to ex-\ntend my sincerest congratulations to the Fres-no County Farm Bureau which is celebrating its 95th anniversary this year. Since its estab-lishment in 1917, the organization has contin-ued to evolve. It began as general farm orga-nization as an arm of the Agriculture Exten-\nsion Service, and is now at the forefront of farming in California. As it nears the end of its first century, it continues to lead the agri-culture industry and the community in ad-dressing issues that result in long-term eco-nomic viability for agriculture and promoting the economic vitality of the region as we move forward in the 21st Century. \nThe Farm Bureau started shortly after the \nSmith-Lever Act of 1914 established the Agri-culture Extension Service. The Act stipulated that before a county could obtain farm advisor services, it had to form a general farm organi-zation through which the Extension Service could disseminate information and promote better farming methods. In the fall of 1917, George Fever, J.A. Poytress, Sam Heisinger, H.W. Wrightson and Charles Parlier were among a group of farmers that met with Leroy Smith, the first Extension Service farm advisor assigned to Fresno County, to lay the ground-work for a Fresno County Farm Bureau orga-nization. \nFresno County Farm Bureau, like many \nother County Farm Bureau organizations, was originally set up in joint offices within the Uni-versity of California Agriculture Extension Service. The Farm Bureau membership rose and fell in the pre-World War II days, dropping to 350 during the Depression. The largest growth in membership occurred around the Farm Bureau’s 50th anniversary, between 1945 and 1967 when it rose from 1,000 to 4,500 members. Today, the Fresno County Farm Bureau represents more than 4,000 members. In the early 1960s, Fresno County took first place in total production value of ag-riculture commodities. Fresno County remains the number one agricultural county in the country, bringing in $5.94 billion in 2010. \nThe Farm Bureau has played an integral \nrole in many projects throughout its history, in-cluding: presenting President Franklin D. Roo-sevelt a program to strengthen agriculture dur-ing the Great Depression years in 1931; partnering with the Madera, Tulare and Kings County Farm Bureaus to organize the Cali-fornia Farm Bureau Marketing Association in 1918; starting a pilot program to sell tree-rip-ened fruit to southern California consumers in 1966; and playing a major role in the develop-ment and implementation of the Immigration Reform and Control Act (IRCA) of 1986. \nToday, the Farm Bureau is a grassroots, na-\ntionwide network of Farm Bureaus organized on county, state and national levels. The county Farm Bureau is the center of the orga-nization and is one of 53 county Farm Bu-reaus currently representing a combined mem-bership of over 4,000 family members in Fres-no County. Collectively, Farm Bureau is Cali-fornia’s largest farm organization with mem-berships from 76,500 farm families in 56 coun-ties. \nThe Farm Bureau continues to lead the agri-\nculture industry and the community in ad-dressing issues that result in long-term viability for agriculture and promoting the economic vi-tality of the region. Farm Bureau spends countless hours researching agriculturally-re-lated legislation; testifying in front of local, state and federal government; and conducting meetings with elected officials. In addition, it fields hundreds of calls, providing education and outreach to the community, which has continued to be a centerpiece of the Farm Bu-reau. Through Coffee Talk meetings, which provide the opportunity for farmers to share in-\nformation in an informal setting and discuss current, local issues with special guest speak-ers, the Bureau has continued to make com-munity outreach a top priority. It is also in-volved in promoting the Blossom Trail, the Fruit Trail and the Big Fresno Fair, and annu-ally recognizes deserving reporters and editors for conveying accurate and objective reporting about agricultural issues and the industry. \nOn top of these important efforts, the Farm \nBureau offers valuable agriculture education and leadership development assistance in the community. The annual Farm and Nutrition Day is put on for more than 1,500 third-grad-ers, providing facts about food and fiber pro-duction in Fresno County. In addition, rep-resentatives from the Farm Bureau are on- hand during the annual Fair Education Pro-gram to conduct mini-presentations about agri-culture for students. The Fresno County Farm Bureau also works with local universities and conducts classroom presentations. In addition to this, the Future Advocates for Agriculture Concerned about Tomorrow (FAACT) Leader-ship Development Program provides commu-nity leaders with a comprehensive eight-month class, highlighting specific issue areas in agri-culture. FAACT offers a balanced, factual presentation of several issue areas specific to agriculture. \nMr. Speaker, I ask my colleagues to join me \nin recognizing the Fresno County Farm Bu-reau as it celebrates its 95th anniversary and prepares to continue to provide outstanding leadership for the agriculture industry through-out the Central Valley, the State of California, and our nation. \nf \nDORIT AND SHAWN EVENHAIM \nHON. HOWARD L. BERMAN \nOF CALIFORNIA \nIN THE HOUSE OF REPRESENTATIVES \nThursday, June 28, 2012 \nMr. BERMAN. Mr. Speaker, I am pleased to \npay tribute to Dorit and Shawn Evenhaim for their generosity and dedication to help the less fortunate as well as provide the highest pos-sible quality of education in our community. \nDorit and Shawn Evenhaim are Israeli \nAngelenos that own and operate California Home Builders. Both Dorit and Shawn grew up in Southern Israel where they learned the Jewish value of tzedakah, the act of charitable giving and helping the less fortunate. They came to the United States following their serv-ice in the Israeli military and continued to practice this philanthropy. They have contrib-uted countless hours of community service and provided leadership to many charitable or-ganizations throughout the San Fernando Val-ley such as the Israeli Leadership Council, the Jewish Federation, and StandWithUs. \nIn 2004, Kadima, a 34-year-old Solomon \nSchecter Conservative day school in the West San Fernando Valley, had to relocate when LAUSD needed the campus that Kadima had been leasing. The Evenhaim’s generous dona-tion provided the resources for Kadima to pur-chase a former hospital about a mile away from the previous campus. \nThe Evenhaim’s involvement did not end \nwith their donation. They were also instru-mental in locating the site for the new campus, \nVerDate Mar 15 2010 03:50 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\\CR\\FM\\A28JN8.027 E28JNPT1smartinez on DSK6TPTVN1PROD with REMARKS CONGRESSIONAL RECORD — Extensions of Remarks E1179 June 28, 2012 \nacquiring the necessary permits, and remod-\neling the site to fit the needs of the school. Kadima’s facilities now include separate yard spaces for the Early Childhood Education Center and Kindergarten, as well as athletic fields, an auditorium and swimming pool, ample classroom space, a 6,000 volume li-brary, and a full kitchen and cafeteria. Both Dorit and Shawn have done a great job serv-ing on Kadima’s Board of Trustees. \nMr. Speaker and distinguished colleagues, I \nask you to join me in recognizing Dorit and Shawn for their philanthropy and their years of service and dedication to the education and service of our community. \nf \nIN RECOGNITION OF UNITED \nWAY’S 125TH ANNIVERSARY \nHON. SANFORD D. BISHOP, JR. \nOF GEORGIA \nIN THE HOUSE OF REPRESENTATIVES \nThursday, June 28, 2012 \nMr. BISHOP of Georgia. Mr. Speaker, it is \nmy great honor to extend a heartfelt congratu-lations to the volunteers, employees and rep-resentatives of United Way as they celebrate 125 years of motivating millions of people to advance the common good. \nOn June 21, 2012, the worldwide network \ncelebrated their United Way Day of Action, a day dedicated to volunteer and community service activities and encouraging others to pledge to become readers, tutors, or mentors. Also, on June 28, 2012, they will be cele-brating the official United Way Founders Day, commemorating community leaders Frances Wisebart Jacobs, the Rev. Myron W. Reed, Msgr. William J. O’Ryan, Dean H. Martyn Hart and Rabbi William S. Friedman for founding the Charity Organizations Society, the first ‘‘United Way’’ Organization in Denver, Colo-rado in 1887. \nIn 125 years, United Way has expanded be-\nyond Denver and Colorado and beyond the United States to become a network of almost 1,800 community-based United Ways in 45 countries and territories around the world. In as many years, United Way has become one of the biggest and most influential charity or-ganizations in the world. To emphasize this point, United Way, in a partnership with the National Football League (NFL), raised more than $1 billion dollars in 1974—the first time in history that an annual campaign of a single or-ganization had raised this much money. \nUnited Way envisions ‘‘a world where all in-\ndividuals and families achieve their human po-tential through education, income stability and healthy lives.’’ For this reason, in 2008, they set forth a 10-year program to achieve three goals by 2018: (1) Improve education and cut the number of high school dropouts (1.2 mil-lion students every year) in half; (2) help peo-ple achieve financial stability and get at least half of lower-income families (1.9 million fami-lies) on the way to economic independence; (3) promote healthy lives and increase by one- third the number of youth and adults who are healthy and avoid risky behaviors. These are ambitious goals but I am confident that the thousands of United Way advocates will work tirelessly to achieve them. \nI would like to especially recognize the local \nUnited Way organizations in Georgia’s Second Congressional District: Greater Valdosta United Way, Inc., United Way of South Central \nGeorgia, United Way of Southwest Georgia, Bainbridge—Decatur United Way, United Way of Colquitt County, and United Way of the Chattahoochee Valley. I applaud the members and volunteers of these organizations for dedi-cating their time and efforts to support their neighbors in need. \nMr. Speaker, in closing I ask that my col-\nleagues join me in expressing our collective and profound gratitude to the volunteers, em-ployees and representatives of United Way for all they have done to improve the quality of life for the residents of Georgia’s Second Con-\ngressional District and all around the world. \nf \nIN HONOR OF JOSEPH’S HOME \nHON. DENNIS J. KUCINICH \nOF OHIO \nIN THE HOUSE OF REPRESENTATIVES \nThursday, June 28, 2012 \nMr. KUCINICH. Mr. Speaker, I rise today to \nhonor Joseph’s Home, a safe, supportive envi-ronment for homeless individuals transitioning from local hospitals and other social service agencies following a period of illness or sur-gery. \nCleveland has had a long history of organi-\nzations stepping up and caring for the less for-tunate. The Sisters of Charity of St. Augustine (CSA) arrived in Cleveland, Ohio from France in 1851 to serve as the city’s first public health nurses, laying the foundation for what would become Joseph’s House. The CSA quickly began providing the health and educational needs of Cleveland’s most impoverished and vulnerable residents. Over the past 160 years, the CSA has remained dedicated to address-ing the root causes of poverty and meeting the needs of the communities they serve. \nA group of CSA Sisters, led by founding \nSisters Joan Gallagher and Regina Fierman, noticed that Greater Cleveland’s homeless community transitioning from local hospitals and other social service agencies following a period of illness or surgery did not have ac-cess to a safe and supportive environment. With a legacy of responding to the unmet needs of the community’s most vulnerable residents, the Sisters of Charity of St. Augus-tine opened the doors of Joseph’s Home in June 2000. \nJoseph’s House has helped over 400 men \ntransition back into the world and has provided them with a second chance in life. Each year, around 50 men are helped; the house has a capacity of 11 men at any given time. The people served by Joseph’s House, leave it with the confidence and support that helps them succeed. Joseph’s House provides its residents with job opportunities, educational advancement and more importantly, a place to call home. \nMr. Speaker and colleagues, please join me \nin honoring Joseph’s House for its years of service and dedication to improving the lives of the less fortunate. A TRIBUTE TO BISHOP ALBERT L. \nJAMISON, SR. \nHON. EDOLPHUS TOWNS \nOF NEW YORK \nIN THE HOUSE OF REPRESENTATIVES \nThursday, June 28, 2012 \nMr. TOWNS. Mr. Speaker, I rise today to \nhonor and pay tribute to Bishop Albert L. Jamison, Sr. \nBishop Albert L. Jamison, Sr. is a native of \nBrooklyn, New York. He serves as the distin-guished Pastor of Pleasant Grove Baptist Tab-ernacle where he holds the unique honor of pastoring in the church of which he was born and raised. He has taken his congregation to a new awareness of God. \nHe is a nationally known evangelist, who \ntravels across the United States to some of the largest cities and churches preaching the Gospel. He is the president and founder of ‘‘Pentecost At Any Cost’’ ministry. As a dedi-cated pastor and leader in the ministerial field, Bishop Jamison exemplifies a powerful Gospel music ministry. In 1970, Bishop Jamison began working with the late Reverend James Cleveland and continued working with him until the Lord called Rev. Cleveland home. \nWhile serving on the Board of Directors, \nBishop Jamison was voted ‘‘Chairman’’ of the Board of Directors, March 1996. He has taken the world’s largest Gospel music organization, The Gospel Music Workshop of America, to new heights. \nHe is the loving husband of Lady Dianette \nJamison and the proud father of Jourdan Allen and Joshua Jermelle Jamison. His eldest son, Albert J. Jamison preceded him in death in January 2001. \nBecause he dares to believe God, his life \nserves as an example to those he leads to de-velop a personal relationship with the Lord, to study the Word of God and to face the chal-lenges of life depending whole-heartedly in faith on the Lord. This way of life is expressed in one of his favorite scriptures found in II Co-rinthians 15:58—Therefore, my beloved breth-ren, be ye steadfast, unmovable, always abounding in the work of the Lord, forasmuch as ye know that your labor is not in vain in the Lord. \nMr. Speaker, I would like to recognize \nBishop Albert L. Jamison, Sr. for his extraor-dinary contributions to the Brooklyn commu-nity. \nf \nIN SUPPORT OF THE SUPREME \nCOURT DECISION UPHOLDING THE AFFORDABLE CARE ACT \nHON. LAURA RICHARDSON \nOF CALIFORNIA \nIN THE HOUSE OF REPRESENTATIVES \nThursday, June 28, 2012 \nMs. RICHARDSON. Mr. Speaker, after two \nyears battling in the courts I am proud to an-nounce today that the Supreme Court has upheld the Affordable Care Act. This has been a long and difficult fight, but I can say without a doubt it has been worth it. \nThis landmark ruling will allow millions of \nAmericans to rest easy, knowing that they will not be driven into debt from medical bills if they get sick. Children will no longer be de-nied possibly life saving healthcare because of \nVerDate Mar 15 2010 03:50 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\\CR\\FM\\A28JN8.029 E28JNPT1smartinez on DSK6TPTVN1PROD with REMARKS CONGRESSIONAL RECORD — Extensions of Remarks E1180 June 28, 2012 \npre-existing conditions, and millions of young \nAmericans will be able to stay on their par-ent’s healthcare plans until they are 26. \nThe function of government is to make life \nbetter for all Americans, regardless of socio-economic background. The Affordable Care Act will improve the quality of life for working families, children and seniors. It will also strengthen our economy. \nPresident Obama is to be congratulated for \nhis indispensable leadership in achieving the goal of affordable quality healthcare for all Americans, a goal we Democrats have been fighting for more than 75 years. \nIt is a fact of life that individuals do not have \na choice in participating in the health care market. Eventually we will all get sick, and need medical attention. This bill requires every American to take control of their own cov-erage, and be responsible for themselves. \nI am proud to have voted in favor of this \nlegislation two years ago, and prouder still to have stood on the steps of the Supreme Court today to celebrate the success of having the Affordable Care Act upheld. Today’s ruling is a momentous occasion and a true victory for Americans across the nation. \nf \nREGARDING H. RES. 711 \nHON. EARL BLUMENAUER \nOF OREGON \nIN THE HOUSE OF REPRESENTATIVES \nThursday, June 28, 2012 \nMr. BLUMENAUER. Mr. Speaker, today, I \nvoted against the House Privileged Resolution holding Attorney General Eric Holder in con-tempt of Congress. Never in the 225 years of the House has there been a vote to hold any Cabinet member in contempt, and I will never vote to support such partisan legislation that’s nothing short of a race to the bottom for this House. \nThere are serious questions that remain to \nbe answered about the Alcohol, Tobacco, Firearms and Explosives (ATF) program, infa-mously know as ‘‘Fast and Furious,’’ started in 2005 under the Bush administration. The De-partment of Justice is in the midst of such an investigation, but today’s vote will do nothing to further that inquiry, and will instead slow and muddle the process. \nThe charges by Chairman I\nSSA of a con-\nspiratorial effort by the Obama administration to strengthen gun control laws—are com-pletely unsubstantiated and laughable on their face. When that became apparent, the Chair-man turned to blatant political tactics, culmi-nating in a Contempt of Congress resolution that was rushed to the floor. \nThe Republicans and the National Rifle As-\nsociation have created a web of constraints that make it almost impossible to restrict these dangerous practices that prompted the pro-gram in the first place. \nFast and Furious was a flawed operation. \nThose flaws, however, parallel the biased, po-liticized investigation run by House Oversight & Investigations Committee Republicans. Dur-ing the Committee’s 16–month investigation, they refused all Democratic requests for wit-\nnesses and hearings. The investigation was closed to the public. \nThe Republican refusal to even allow those \ndirectly involved with the Fast & Furious pro-gram to testify before the Oversight Com-mittee portrays their political motivations, not the facts, nor the thousands of innocent civil-ians in Mexico and on the border who have lost their lives from heavily-armed drug cartels. \nAttorney General Holder testified before the \nCommittee nine times. The Department of Justice provided over 700 thousand docu-ments to the House Oversight & Investigations Committee. Despite this broad cooperation, my Republican colleagues kept moving the goal posts, making it impossible to meet their demands. There was no end in sight. Presi-dent Obama’s decision to assert executive privilege was a well-reasoned decision to stop playing the Republicans political game. \nI believe deeply in the fundamental respon-\nsibility of Congress to provide oversight and accountability for the executive branch. We only weaken that authority by engaging in this partisan stunt Congress and the American people deserve better. We should reject this effort and do our job to find out what really happened. \nf \nIN MEMORY OF BISHOP ROBERT C. \nJEFFERSON \nHON. AL GREEN \nOF TEXAS \nIN THE HOUSE OF REPRESENTATIVES \nThursday, June 28, 2012 \nMr. AL GREEN of Texas. Mr. Speaker, I \nwould like to honor the memory of a pillar in the Sunnyside community in Houston, Texas, Bishop Robert C. Jefferson, Pastor of the Cullen Missionary Baptist Church. With excep-tional dedication, Bishop Jefferson served his community and advocated for the betterment of society. \nBishop Jefferson was born in Baton Rouge, \nLouisiana on January 12, 1942. He accepted his calling into the gospel ministry in March 1976 and was ordained at Mount Horeb Bap-tist Church in Houston under the pastoral leadership of the late Reverend Johnnie Jones. In March 1977, he founded Cullen Mis-sionary Baptist Church and faithfully served there for the rest of his life. \nA champion of the downtrodden and under-\nserved, Bishop Jefferson founded and was ac-tive on a host of community organizations. He was a Founding Member of Ministers Against Crime, an organization that is active in issues involving inequities and civil rights in the Greater Houston Area. He was also the Founder of Sunnyside Up, Inc., a community development project; Founder/President of A Brand New City, Inc; Founder/President of the Cullen Christian Child Development Center; the former Second Vice President and Director of Religious Affairs of the NAACP Houston Branch; and a former member of the Houston Independent School District Board. \nFinally, Mr. Speaker, Bishop Jefferson will \nbe dearly missed by his wife, Myrtle, grand-children, great-grandchildren, as well as his \nfour daughters, Lola, Vanessa, Lisa and Robertine. He will be remembered in the City of Houston as a dedicated community leader and a principled man of God. \nf \nA TRIBUTE TO DR. SWAMY \nSUNKARA \nHON. EDOLPHUS TOWNS \nOF NEW YORK \nIN THE HOUSE OF REPRESENTATIVES \nThursday, June 28, 2012 \nMr. TOWNS. Mr. Speaker, Dr. Swamy \nSunkara was born in India. He graduated from Andhra Medical College and King George Hospital. Named after Dr. Swamy Naidu, Dr. Sunkara was a great surgeon, philanthropist, athlete, swordsman, and horseman of national level. He is also from a family of physicians and soccer players of international reputation. \nAs a young student leader Dr. Sunkara vol-\nunteered in various natural disasters including one in Divi Andhra predesh, where he worked for several weeks directly under Mother The-resa. She always had kind words about him when she visited that area. \nDr. Sunkara served as surgeon, and then \ntrained as an anesthesiologist in Jamaica, Trinidad and Tobago. He completed the post-graduate course of diploma in anesthesiology from University of West Indies. He served as a social worker at St. James Infirmary in Mon-tego Bay, Jamaica from 1979 to 1981 and served at the Prince Elizabeth Hospital for destitute children in Port of Spain, Trinidad from 1981 to 1987. He gave free anesthesia for surgeries of children with cleft palates, club-foot, and other congenital abnormalities. Dr. Sunkara worked as a volunteer physician at Trinidad and Tobago Sports Medicine and received letters of commendation in Jamaica, Trinidad and Tobago for his work and dedica-tion. \nDr. Sunkara migrated to the United States in \n1988. He successfully completed the Diploma in Tropical Medicine and Health, Masters in Public Health with double majors in Inter-national Health and Emergency Medicine. He served as a published researcher and volun-teer in Children’s Cancer Study Group at New York Medical College, and Westchester Med-ical Center in Valhalla, New York. He worked as a volunteer Emergency Medical Technician at both the Ossining Volunteer Ambulance corps and Pleasantville Volunteer Ambulance Corps. Dr. Sunkara received the Best Volun-teer award from Westchester County Execu-tive for the year ’88–89 and received Best Vol-unteer award from the University of Medicine and Dentistry of Newark New Jersey in 1989. Dr. Sunkara also served as one of the Uncles for foster children of Richard Allen Center on Life in New York City. \nMr. Speaker, I would like to recognize Dr. \nSwamy Naidu Sunkara for his extraordinary contributions to New York City’s medical com-munity. \nVerDate Mar 15 2010 03:50 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\\CR\\FM\\A28JN8.031 E28JNPT1smartinez on DSK6TPTVN1PROD with REMARKS D675 Thursday, June 28, 2012 \nDaily Digest \nSenate \nChamber Action \nRoutine Proceedings, pages S4689–S4730 \nMeasures Introduced: Ten bills and four resolu-\ntions were introduced, as follows: S. 3352–3361, S.J. Res. 46, and S. Res. 513–515.\n Pages S4724–25 \nMeasures Passed: \nLoyola University Maryland Men’s Lacrosse Na-\ntional Championship: Senate agreed to S. Res. 514, \ncommemorating the victory of Loyola University Maryland in the 2012 NCAA Division I Men’s La-crosse National Championship.\n Pages S4729–30 \nMeasures Considered: \nSmall Business Jobs and Tax Relief Act: Senate \nbegan consideration of the motion to proceed to con-sideration of S. 2237, to provide a temporary income tax credit for increased payroll and extend bonus de-preciation for an additional year.\n Page S4689 \nNominations Received: Senate received the fol-\nlowing nominations: \nCamila Ann Alire, of Colorado, to be a Member \nof the National Council on the Humanities for a term expiring January 26, 2018. \nRamon Saldivar, of California, to be a Member of \nthe National Council on the Humanities for a term expiring January 26, 2018. \n1 Army nomination in the rank of general. \n Page S4730 \nNomination Withdrawn: Senate received notifica-\ntion of withdrawal of the following nomination: \nTimothy M. Broas, of Maryland, to be Ambas-\nsador to the Kingdom of the Netherlands, which was sent to the Senate on April 26, 2012.\n Page S4730 \nMessages from the House: Page S4722 \nMeasures Placed on the Calendar: \n Pages S4689–90, S4722 \nEnrolled Bills Presented: Page S4722 \nExecutive Communications: Pages S4722–24 \nAdditional Cosponsors: Pages S4725–26 \nStatements on Introduced Bills/Resolutions: \n Pages S4726–27 Additional Statements: Pages S4719–22 \nAmendments Submitted: Pages S4727–28 \nAuthorities for Committees to Meet: \n Pages S4728–29 \nPrivileges of the Floor: Page S4729 \nAdjournment: Senate convened at 9:30 a.m. and \nadjourned at 7:33 p.m., until 10 a.m. on Friday, June 29, 2012. (For Senate’s program, see the re-marks of the Majority Leader in today’s Record on page S4730.) \nCommittee Meetings \n(Committees not listed did not meet) \nPRIVACY PROTECTIONS \nCommittee on Commerce, Science, and Transportation: \nCommittee concluded a hearing to examine the need for privacy protections, focusing on industry self-reg-ulation, after receiving testimony from Alex Fowler, Mozilla, San Francisco, California; Bob Liodice, Asso-ciation of National Advertisers, Inc., New York, New York, on behalf of the Digital Advertising Al-liance; Peter Swire, The Ohio State University Moritz College of Law, Bethesda, Maryland; and Berin Szoka, TechFreedom, Washington, D.C. \nENERGY EFFICIENT BUILDING RETROFITS \nCommittee on Energy and Natural Resources: Committee \nconcluded a hearing to examine innovative non-fed-eral programs for financing energy efficient building retrofits, after receiving testimony from David E. Sundstrom, Sonoma County Energy Independence Program Administrator, Santa Rosa, California; Derek Smith, Clean Energy Works Oregon, Port-land; William A. Rodgers, Jr., GoodCents Holdings, Inc., Atlanta, Georgia; Sheri Borrelli, The United Il-luminating Company, Orange, Connecticut; Susan Leeds, New York City Efficiency Corporation, New York, New York; and Jeffrey D. DeBoer, The Real Estate Roundtable, Washington, D.C. \nLAW OF THE SEA CONVENTION \nCommittee on Foreign Relations: Committee concluded \na hearing to examine The Law of the Sea Convention \nVerDate Mar 15 2010 05:48 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\\CR\\FM\\D28JN2.REC D28JNPT1smartinez on DSK6TPTVN1PROD with DIGEST CONGRESSIONAL RECORD — DAILY DIGEST D676 June 28, 2012 \n(Treaty Doc. 103–39), focusing on perspectives from \nbusiness and industry, after receiving testimony from Thomas J. Donohue, U.S. Chamber of Commerce, Jack N. Gerard, American Petroleum Institute, and Jay Timmons, National Association of Manufactur-ers, all of Washington, D.C.; and Lowell C. McAdam, Verizon Communications Inc., New York, New York. \nAFRICA’S MARKET POTENTIAL \nCommittee on Foreign Relations: Subcommittee on Afri-\ncan Affairs concluded a hearing to examine economic statecraft, focusing on embracing Africa’s market po-tential, after receiving testimony from Johnnie Car-son, Assistant Secretary of State for African Affairs; Earl W. Gast, Assistant Administrator for Africa, United States Agency for International Development; and Florizelle Liser, Assistant United States Trade Representative for Africa, Office of the United States Trade Representative. \nBUSINESS MEETING \nCommittee on Indian Affairs: Committee ordered favor-\nably reported the following business items: H.R.443, to provide for the conveyance of certain \nproperty from the United States to the Maniilaq As-sociation located in Kotzebue, Alaska; \nH.R.1560, to amend the Ysleta del Sur Pueblo \nand Alabama and Coushatta Indian Tribes of Texas Restoration Act to allow the Ysleta del Sur Pueblo Tribe to determine blood quantum requirement for membership in that tribe; \nH.R.1272, to provide for the use and distribution \nof the funds awarded to the Minnesota Chippewa Tribe, et al, by the United States Court of Federal Claims in Docket Numbers 19 and 188; \nS.134, to authorize the Mescalero Apache Tribe to \nlease adjudicated water rights; \nS.1065, to settle land claims within the Fort Hall \nReservation, with an amendment; \nS.2389, to deem the submission of certain claims \nto an Indian Health Service contracting officer as timely; and \nS.3193, to make technical corrections to the legal \ndescription of certain land to be held in trust for the Barona Band of Mission Indians. \nh \nHouse of Representatives \nChamber Action \nPublic Bills and Resolutions Introduced: 12 pub-\nlic bills, H.R. 6047–6058; and 7 resolutions, H.J. Res. 113 and H.Res. 711–716 were introduced. \n Pages H4603–04 \nAdditional Cosponsors: Pages H4605–06 \nReports Filed: Reports were filed today as followed: \nSemiannual Report on the Activity of the Com-\nmittee on Small Business During the 112th Con-gress (H. Rept. 112–554); \nThird Semiannual Report of Activities of the \nCommittee on Science, Space, and Technology for the 112th Congress (H. Rept. 112–555); \nReport on the Legislative and Oversight Activities \nof the Committee on Ways and Means during the 112th Congress (H. Rept. 112–556). \nConference report on H.R. 4348, to provide an \nextension of Federal-aid highway, highway safety, motor carrier safety, transit, and other programs funded out of the Highway Trust Fund pending en-actment of a multiyear law reauthorizing such pro-grams, and for other purposes (H. Rept. 112–557); and H. Res. 717, providing for consideration of the \nbill (H.R. 5856) making appropriations for the De-partment of Defense for the fiscal year ending Sep-tember 30, 2013, and for other purposes; providing for consideration of the bill (H.R. 6020) making ap-propriations for financial services and general govern-ment for the fiscal year ending September 30, 2013, and for other purposes; and providing for consider-ation of the conference report to accompany the bill (H.R. 4348) to provide an extension of Federal-aid highway, highway safety, motor carrier safety, tran-sit, and other programs funded out of the Highway Trust Fund pending enactment of a multiyear law reauthorizing such programs, and for other purposes (H. Rept. 112–558).\n Page H4603 \nSpeaker: Read a letter from the Speaker wherein he \nappointed Representative Harper to act as Speaker pro tempore for today.\n Page H4159 \nRecess: The House recessed at 10:12 a.m. and re-\nconvened at 12 noon. Page H4160 \nChaplain: The prayer was offered by the guest chap-\nlain, Reverend Greg Lafferty, Willowdale Chapel, Kennett Square, Pennsylvania.\n Page H4160 \nVerDate Mar 15 2010 05:48 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\\CR\\FM\\D28JN2.REC D28JNPT1smartinez on DSK6TPTVN1PROD with DIGEST CONGRESSIONAL RECORD — DAILY DIGEST D677 June 28, 2012 \nSuspensions—Proceedings Resumed: The House \nagreed to suspend the rules and pass the following measures which were debated on June 26th: \nSecuring Maritime Activities through Risk- \nbased Targeting for Port Security Act: H.R. 4251, \namended, to authorize, enhance, and reform certain port security programs through increased efficiency and risk-based coordination within the Department of Homeland Security, by a \n2⁄3yea-and-nay vote of \n402 yeas to 21 nays, Roll No. 438; Pages H4175–76 \nGauging American Port Security Act: H.R. \n4005, amended, to direct the Secretary of Homeland Security to conduct a study and report to Congress on gaps in port security in the United States and a plan to address them, by a \n2⁄3yea-and-nay vote of \n411 yeas to 9 nays, Roll No. 439; Pages H4176–77 \nNuclear Terrorism Conventions Implementation \nand Safety of Maritime Navigation Act of 2012: H.R. 5889, amended, to amend title 18, United States Code, to provide for protection of maritime navigation and prevention of nuclear terrorism; \n Page H4421 \nSergeant Richard Franklin Abshire Post Office \nBuilding Designation Act: H.R. 3412, to designate \nthe facility of the United States Postal Service lo-cated at 1421 Veterans Memorial Drive in Abbeville, Louisiana, as the ‘‘Sergeant Richard Franklin Abshire Post Office Building’’;\n Page H4421 \nSPC Nicholas Scott Hartge Post Office Designa-\ntion Act: H.R. 3501, to designate the facility of the \nUnited States Postal Service located at 125 Kerr Av-enue in Rome City, Indiana, as the ‘‘SPC Nicholas Scott Hartge Post Office’’;\n Page H4421 \nFirst Sergeant Landres Cheeks Post Office \nBuilding Designation Act: H.R. 3772, to designate \nthe facility of the United States Postal Service lo-cated at 150 South Union Street in Canton, Mis-sissippi, as the ‘‘First Sergeant Landres Cheeks Post Office Building’’;\n Page H4421 \nReverend Abe Brown Post Office Building Des-\nignation Act: H.R. 3276, to designate the facility of \nthe United States Postal Service located at 2810 East Hillsborough Avenue in Tampa, Florida, as the ‘‘Reverend Abe Brown Post Office Building’’; \n Page H4421 \nAviation Security Stakeholder Participation Act: \nH.R. 1447, amended, to amend title 49, United States Code, to direct the Assistant Secretary of Homeland Security (Transportation Security Admin-istration) to establish an Aviation Security Advisory Committee;\n Page H4421 \nAmending the Homeland Security Act of 2002 to \npermit use of certain grant funds for training con-ducted in conjunction with a national laboratory \nor research facility: H.R. 5843, to amend the \nHomeland Security Act of 2002 to permit use of certain grant funds for training conducted in con-junction with a national laboratory or research facil-ity; and\n Pages H4421–22 \nDirecting the Secretary of Homeland Security to \nreform the process for the enrollment, activation, issuance, and renewal of a Transportation Worker Identification Credential (TWIC): H.R. 3173, \namended, to direct the Secretary of Homeland Secu-rity to reform the process for the enrollment, activa-tion, issuance, and renewal of a Transportation Worker Identification Credential (TWIC) to require, in total, not more than one in-person visit to a des-ignated enrollment center.\n Page H4422 \nPrivileged Resolution—Intent to Offer: Rep-\nresentative Jackson Lee (TX) announced her intent to offer a privileged resolution.\n Page H4177 \nRecommending that the House of Representa-tives find Eric H. Holder, Jr., Attorney General, U.S. Department of Justice, in Contempt of Con-gress: The House agreed to H. Res. 711, recom-\nmending that the House of Representatives find Eric H. Holder, Jr., Attorney General, U.S. Department of Justice, in contempt of Congress for refusal to comply with a subpoena duly issued by the Com-mittee on Oversight and Government Reform, by a recorded vote of 255 ayes to 67 noes with 1 answer-ing ‘‘present’’, Roll No. 441.\n Pages H4177–H4417 \nRejected the Dingell motion to refer the resolu-\ntion to the Committee on Oversight and Govern-ment Reform with instructions by a yea-and-nay vote of 172 yeas to 251 nays, Roll No. 440. \n Pages H4412–17 \nH. Res. 708, the rule providing for consideration \nof the resolutions (H. Res. 711) and (H. Res. 706) was agreed to by a yea-and-nay vote of 254 yeas to 173 nays, Roll No. 437, after the previous question was ordered without objection.\n Pages H4164–75 \nAuthorizing the Committee on Oversight and Government Reform to initiate or intervene in judicial proceedings to enforce certain sub-poenas: The House agreed to H. Res. 706, to au-\nthorize the Committee on Oversight and Govern-ment Reform to initiate or intervene in judicial pro-ceedings to enforce certain subpoenas, by a yea-and- nay vote of 258 yeas to 95 nays with 5 answering ‘‘present’’, Roll No. 442.\n Pages H4418–21 \nH. Res. 708, the rule providing for consideration \nof the resolutions (H. Res. 711) and (H. Res. 706) was agreed to by a yea-and-nay vote of 254 yeas to 173 nays, Roll No. 437, after the previous question was ordered without objection.\n Pages H4164–75 \nVerDate Mar 15 2010 05:48 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\\CR\\FM\\D28JN2.REC D28JNPT1smartinez on DSK6TPTVN1PROD with DIGEST CONGRESSIONAL RECORD — DAILY DIGEST D678 June 28, 2012 \nUnited States-China Economic and Security Re-\nview Commission—Appointment: The Chair an-\nnounced the Speaker’s appointment of the following member on the part of the House to the United States-China Economic and Security Review Com-mission for a term to expire December 31, 2014: Mr. Peter Brookes of Springfield, Virginia. \n Page H4426 \nMotion to Instruct Conferees—Vitiation of Pro-ceedings: Under clause 8 of rule 20, the Chair an-\nnounced that the filing of the conference report to accompany H.R. 4348 has vitiated the Hahn motion to instruct conferees.\n Page H4601 \nRecess: The House recessed at 7:24 p.m. and recon-\nvened at 11:04 p.m. Page H4601 \nSenate Message: Message received from the Senate \nby the Clerk and subsequently presented to the House today appears on page H4159. \nQuorum Calls—Votes: Five yea-and-nay votes and \none recorded vote developed during the proceedings of today and appear on pages H4175, H4175–76, H4176, H4416–17, H4417, H4420–21. There were no quorum calls. \nAdjournment: The House met at 10 a.m. and ad-\njourned at 11:05 p.m. \nCommittee Meetings \nMISCELLANEOUS MEASURE \nCommittee on Appropriations: Full Committee held a \nmarkup of Interior, Environment, and Related Agen-cies Appropriations Bill, FY 2013. The bill was or-dered reported, as amended. \nPROMOTING SAFE WORKPLACES \nTHROUGH VOLUNTARY PROTECTION PROGRAMS \nCommittee on Education and the Workforce: Sub-\ncommittee on Workforce Protections held a hearing entitled ‘‘Promoting Safe Workplaces Through Vol-untary Protection Programs’’. Testimony was heard from Jordan Barab, Deputy Assistant Secretary for Occupational Safety and Health, Department of Labor; and public witnesses. \nTHE AMERICAN ENERGY INITIATIVE: A \nFOCUS ON THE NEW PROPOSAL TO TIGHTEN NATIONAL STANDARDS FOR FINE PARTICULATE MATTER \nCommittee on Energy and Commerce: Subcommittee on \nEnergy and Power held a hearing entitled ‘‘The American Energy Initiative: A Focus on the New Proposal to Tighten National Standards for Fine Par-ticulate Matter’’. Testimony was heard from public witnesses. FRACTIONAL RESERVE BANKING AND \nTHE FEDERAL RESERVE: THE ECONOMIC CONSEQUENCES OF HIGH–POWERED MONEY \nCommittee on Financial Services: Subcommittee on Do-\nmestic Monetary Policy held a hearing entitled ‘‘Fractional Reserve Banking and the Federal Re-serve: The Economic Consequences of High-Powered Money’’. Testimony was heard from public witnesses. \nAPPRAISAL OVERSIGHT: THE \nREGULATORY IMPACT ON CONSUMERS AND BUSINESSES \nCommittee on Financial Services: Subcommittee on In-\nsurance, Housing and Community Opportunity held a hearing entitled ‘‘Appraisal Oversight: The Regu-latory Impact on Consumers and Businesses’’. Testi-mony was heard from William B. Shear, Director, Financial Markets and Community Investment, Gov-ernment Accountability Office; James R. Park, Exec-utive Subcommittee, Federal Financial Institutions Examination Council; and public witnesses. \nECONOMIC ESPIONAGE: A FOREIGN \nINTELLIGENCE THREAT TO AMERICAN JOBS AND HOMELAND SECURITY \nCommittee on Homeland Security: Subcommittee on \nCounterterrorism and Intelligence held a hearing en-titled ‘‘Economic Espionage: A Foreign Intelligence Threat to American Jobs and Homeland Security’’. Testimony was heard from Stuart Graham, Chief Economist, Patent and Trademark Office, Depart-ment of Commerce; John P. Woods, Assistant Direc-tor, Homeland Security Investigations Immigration and Customs Enforcement, Department of Homeland Security; Frank Figliuzzi, Assistant Director, Coun-terintelligence Division, Federal Bureau of Investiga-tion, Department of Justice; and Gregory C. Wilshusen, Director, Information Security Issues, Government Accountability Office. \nIDENTITY THEFT AND INCOME TAX \nPREPARATION FRAUD \nCommittee on the Judiciary: Subcommittee on Crime, \nTerrorism, and Homeland Security held a hearing entitled ‘‘Identity Theft and Income Tax Preparation Fraud’’. Testimony was heard from Rebecca Sparkman, Director, Operations, Policy and Support, Criminal Investigation Division, Internal Revenue Service; Nina E. Olson, United States Tax Payer Ad-vocate, Office of the Taxpayer Advocate, Internal Revenue Service; and public witnesses. \nMISCELLANEOUS MEASURE \nCommittee on the Judiciary: Full Committee held a \nmarkup of H.R. 1860, the ‘‘Digital Goods and Serv-ices Tax Fairness Act of 2011’’; H.R. 823, for the \nVerDate Mar 15 2010 05:48 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\\CR\\FM\\D28JN2.REC D28JNPT1smartinez on DSK6TPTVN1PROD with DIGEST CONGRESSIONAL RECORD — DAILY DIGEST D679 June 28, 2012 \nrelief of Maria Carmen; H.R. 316, for the relief of \nEsther Karinge; H.R. 794, for the relief of Allan Bolor Kelley; H.R. 357, for the relief of Corina de Chalup Turcinovic; H.R. 824, for the relief of Dan-iel Wachira; H.R. 1857, for the relief of Bartosz Kumor; H.R. 3120, the ‘‘Student Visa Reform Act’’; and H.R. 6019 the ‘‘Juvenile Accountability Block Grant Reauthorization and the Bullying Prevention and Intervention Act’’; and the Third Semiannual Activity Report of the Committee on the Judiciary for the 112th Congress. The following measures were ordered reported, as amended: H.R. 1860; H.R. 3120; and H.R. 6019. The following measures were ordered reported, without amendment: H.R. 823; H.R. 316; H.R. 794; H.R. 357; H.R. 824; and H.R. 1857. The Semiannual Activity Report was adopted without amendment. \nLEGISLATIVE MEASURES \nCommittee on Natural Resources: Subcommittee on Na-\ntional Parks, Forests and Public Lands held a hearing on the following measures: H.R. 5987, the ‘‘Manhat-tan Project National Historical Park Act’’; H.R. 624, the ‘‘First State National Historic Park Act’’; H.R. 3640, to authorize the Secretary of the Interior to acquire not more than 18 acres of land and inter-ests in land in Mariposa, California, and for other purposes; H.R. 4109, the ‘‘Los Padres Conservation and Recreation Act of 2012’’; H.R. 4334, the ‘‘Organ Mountains National Monument Establish-ment Act’’; H.R. 4484, the ‘‘Y Mountain Access En-hancement Act’’; H.R. 5319, the ‘‘Nashua River Wild and Scenic River Study Act’’; H.R. 5958, to name the Jamaica Bay Wildlife Refuge Visitor Con-tact Station of the Jamaica Bay Wildlife Refuge unit of Gateway National Recreation Area in honor of James L. Buckley; 10 a.m., 1324 Longworth. Testi-mony was heard from Senator Carper and Represent-atives Carney, Chaffetz, Denham, Gallegly, Hastings (WA), Pearce, Tsongas, and Turner (NY); Carl Rountree, Director, National Landscape Conservation System, Bureau of Land Management, Department of the Interior; Billy Garrett, Commissioner, Dona Ana County; Jim Pena, Associate Deputy Chief, National Forest Service; United States Forest Service; Depart-ment of Agriculture; John Curtis, Mayor, City of Provo; Victor Knox, Associate Director for Park Planning, Facilities and Lands, National Park Serv-ice, Department of the Interior; Ingrid Kolb, Direc-tor, Office of Management, Department of Energy; Kevin Cann, Supervisor, Mariposa County; and pub-lic witnesses. ASSESSMENT OF THE TRANSITION FROM A \nMILITARY TO A CIVILIAN-LED MISSION IN IRAQ \nCommittee on Oversight and Government Reform: Sub-\ncommittee on National Security, Homeland Defense and Foreign Operations held a hearing entitled ‘‘As-sessment of the Transition from a Military to a Ci-vilian-Led Mission in Iraq.’’ Testimony was heard from Patrick Kennedy, Under Secretary for Manage-ment, Department of State, Peter Verga, Chief of Staff for the Under Secretary for Policy, Department of Defense; Mara Rudman, Assistant Administrator, Bureau for the Middle East, Agency for International Development; Michael Courts, Acting Director, International Affairs and Trade, Government Ac-countability Office; Harold Geisel, Acting Inspector General, Department of State; Mickey McDermott, Special Deputy Inspector General for Southwest Asia, Department of Defense, Office of Inspector General; Michael Carroll, Deputy Inspector General, Agency for International Development; and Stuart Bowen, Jr., Special Inspector General for Iraq Reconstruc-tion. \nJOBS ACT IN ACTION PART II: \nOVERSEEING EFFECTIVE IMPLEMENTATION OF THE JOBS ACT AT THE SEC \nCommittee on Oversight and Government Reform: Sub-\ncommittee on TARP, Financial Services and Bailout of Public and Private Programs held a hearing enti-tled ‘‘The JOBS Act in Action Part II: Overseeing Effective Implementation of the JOBS Act at the SEC.’’ Testimony was heard from Mary Schapiro, Chairman, U.S. Securities and Exchange Commis-sion. \nMANDATE MADNESS: WHEN SUE AND \nSETTLE JUST ISN’T ENOUGH \nCommittee on Oversight and Government Reform: Sub-\ncommittee on Technology, Information Policy, Inter-governmental Relations and Procurement Reform held a hearing entitled, ‘‘Mandate Madness: When Sue and Settle Just Isn’t Enough.’’ Testimony was heard from E. Scott Pruit, Attorney General for the State of Oklahoma; and public witnesses. \nCONFERENCE REPORT—H.R. 4348, SURFACE \nTRANSPORTATION EXTENSION ACT OF 2012; H.R. 5856, DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2013; H.R. 6020, FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2013; AND MISCELLANEOUS MEASURE \nCommittee on Rules: The Committee granted, by a \nrecord vote, a resolution providing for an open rule \nVerDate Mar 15 2010 05:48 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\\CR\\FM\\D28JN2.REC D28JNPT1smartinez on DSK6TPTVN1PROD with DIGEST CONGRESSIONAL RECORD — DAILY DIGEST D680 June 28, 2012 \nfor H.R. 5856. The rule provides one hour of gen-\neral debate equally divided and controlled by the chair and ranking minority member of the Com-mittee on Appropriations. The rule waives all points of order against provisions in the bill for failure to comply with clause 2 of rule XXI except for section 8121 (regarding funds being used to sponsor any professional or semi-professional sporting event or competitor). The rule provides that the bill shall be considered for amendment under the five-minute rule. The rule authorizes the Chair to accord priority to Members who have pre-printed their amendments in the Congressional Record. The rule provides one motion to recommit with or without instructions. \nThe resolution further provides for H.R. 6020 \nunder an open rule. The rule provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Com-mittee on Appropriations. The rule waives all points of order against consideration of the bill. The rule waives points of order against provisions in the bill for failure to comply with clause 2 of rule XXI ex-cept beginning with ‘: Provided’’ on page 95, line 9, through ‘‘level’’ on page 95, line 11 (regarding six-day delivery by the United States Postal Service). The rule provides that the bill shall be considered for amendment under the five-minute rule. The rule authorizes the Chair to accord priority in recognition to Members who have pre-printed their amendments in the Congressional Record. The rule provides one motion to recommit with or without instructions. \nThe rule waives all points of order against the \nconference report to accompany H.R. 4348 and its consideration, and provides that it shall be consid-ered as read. The rule provides that the previous question shall be considered as ordered on the con-ference report without intervening motion except one hour of debate and one motion to recommit if applicable. Debate on the conference report is di-vided pursuant to clause 8(d) of rule XXII. \nThe rule provides that it shall be in order at any \ntime on the legislative day of June 29, 2012, for the \nSpeaker to entertain motions that the House suspend the rules relating to measures addressing expiring provisions of law and a concurrent resolution cor-recting the enrollment of H.R. 4348. \nThe rule waives clause 6(a) of rule XIII, requiring \na two-thirds vote to consider a report from the Com-mittee on Rules on the same day it is reported to the House, against any resolution reported on the legislative day of June 29, 2012, providing for con-sideration or disposition of measures addressing ex-piring provisions of law and a concurrent resolution correcting the enrollment of H.R. 4348. Finally, the Committee adopted, by voice vote, the Rules Com-mittee Activity Report for the 3rd Quarter of the \n112th Congress. \nMISCELLANEOUS MEASURE \nCommittee on Science, Space, and Technology: Full Com-\nmittee held a hearing on adoption of the 3rd Semi-annual Report of the Activities of the Science, Space, and Technology Committee. The Report of the Ac-tivities of the Science, Space, and Technology Com-mittee was adopted, without amendment. \nUNLOCKING OPPORTUNITIES: RECIDIVISM \nVERSUS FAIR COMPETITION IN FEDERAL CONTRACTING \nCommittee on Small Business: Subcommittee on Con-\ntracting and Workforce held a hearing entitled ‘‘Unlocking Opportunities: Recidivism versus Fair Competition in Federal Contracting’’. Testimony was heard from public witnesses. \nA REVIEW OF THE DELAYS AND \nPROBLEMS ASSOCIATED WITH TSA’S TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL \nCommittee on Transportation and Infrastructure: Full \nCommittee held a hearing entitled ‘‘A Review of the Delays and Problems Associated with TSA’s Trans-portation Worker Identification Credential’’. Testi-mony was heard from Rear Admiral Joseph Servidio, Assistant Commandant for Preparedness, United States Coast Guard; Kelli Ann Walther; Assistant Secretary, Office of Policy, Department of Homeland Security; Stephen Sadler, Assistant Administrator, Transportation Security Administration; and public witnesses. \nMISCELLANEOUS MEASURES \nCommittee on Veterans’ Affairs: Subcommittee on Eco-\nnomic Opportunity held a markup of H.R. 4115, the ‘‘Helping Iraq and Afghanistan Veterans Return to Employment at Home Act’’; H.R. 3524, the ‘‘Disabled Veterans Employment Protection Act’’; H.R. 4057, the ‘‘Improving Transparency of Edu-cation Opportunities for Veterans Act of 2012’’; H.R. 4740, the ‘‘Fairness for Military Homeowners Act of 2012’’; and H.R. 5747, the ‘‘Military Family Home Protection Act’’. The following measure was forwarded without amendment H.R. 4115; and the following measures were forwarded, as amended: H.R. 3524; H.R. 4057; H.R. 4740; and H.R. 5747. \nLEGISLATIVE MEASURE AND \nMISCELLANEOUS MEASURE \nHouse Permanent Select Committee on Intelligence: Full \nCommittee held a hearing on H.R. 5949, the ‘‘FISA Amendments Act Reauthorization Act of 2012’’; and adoption of the Semiannual Committee Activity Report. \nVerDate Mar 15 2010 05:48 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\\CR\\FM\\D28JN2.REC D28JNPT1smartinez on DSK6TPTVN1PROD with DIGEST CONGRESSIONAL RECORD — DAILY DIGEST D681 June 28, 2012 \nA portion of this hearing was closed. H.R. 5949 was or-\ndered reported, as amended. The Semiannual Committee Activity Report was adopted, without amendment., \nJoint Meetings \nSURFACE TRANSPORTATION EXTENSION \nACT \nConferees agreed to file a conference report on the dif-\nferences between the Senate and House passed versions of H.R. 4348, to provide an extension of Federal-aid highway, highway safety, motor carrier safety, transit, and other programs funded out of the Highway Trust Fund pending enactment of a multi- year law reauthorizing such programs. \nf \nNEW PUBLIC LAWS \n(For last listing of Public Laws, see DAILY DIGEST , p. D650) \nS. 404, to modify a land grant patent issued by \nthe Secretary of the Interior. Signed on June 27, 2012. (Public Law 112–37) \nS. 684, to provide for the conveyance of certain \nparcels of land to the town of Alta, Utah. Signed on June 27, 2012. (Public Law 112–38) \nS. 997, to authorize the Secretary of the Interior \nto extend a water contract between the United States and the East Bench Irrigation District. Signed on June 27, 2012. (Public Law 112–39) COMMITTEE MEETINGS FOR FRIDAY, JUNE \n29, 2012 \n(Committee meetings are open unless otherwise indicated) \nSenate \nCommittee on Finance: business meeting to consider the \nnominations of Mark J. Mazur, of New Jersey, and Mat-thew S. Rutherford, of Illinois, both to be an Assistant Secretary of the Treasury, and Meredith M. Broadbent, of Virginia, to be a Member of the United States Inter-national Trade Commission, Time to be announced, Room to be announced. \nHouse \nCommittee on Armed Services, Subcommittee on Oversight \nand Investigation, hearing on National Security Forces: Resources, Strategy, and Timetable for Security Lead Transition Expert Assessments, 11 a.m., 2118 Rayburn. \nCommittee on Energy and Commerce, Subcommittee on En-\nergy and Power, hearing entitled ‘‘The American Energy Initiative: A Focus on EPA’s Greenhouse Gas Regula-tions’’, 9 a.m., 2123 Rayburn. \nCommittee on Financial Services, Subcommittee on Finan-\ncial Institutions and Consumer Credit, hearing entitled ‘‘The Future of Money: Where Do Mobile Payments Fit in the Current Regulatory Structure?’’, 9:30 a.m., Ray-burn. \nCommittee on Foreign Affairs, Subcommittee on Africa, \nGlobal Health, and Human Rights, hearing entitled ‘‘The Tuareg Revolt and the Mali Coup,’’ 10 a.m., 2172 Ray-burn. \nCommittee on Veterans’ Affairs, Subcommittee on Health, \nmarkup of H.R. 3337, the ‘‘Open Burn Pit Registry Act of 2011’’; and H.R. 4079, the ‘‘Safe Housing for Home-less Veterans Act,’’ 10 a.m., 334 Cannon. \nVerDate Mar 15 2010 05:48 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\\CR\\FM\\D28JN2.REC D28JNPT1smartinez on DSK6TPTVN1PROD with DIGEST CONGRESSIONAL RECORD — DAILY DIGEST\nCongressional RecordThe Congressional Record (USPS 087–390). The Periodicals postage\nis paid at Washington, D.C. The public proceedings of each Houseof Congress, as reported by the Official Reporters thereof, are\nprinted pursuant to directions of the Joint Committee on Printing as authorized by appropriate provisions of Title 44, UnitedStates Code, and published for each day that one or both Houses are in session, excepting very infrequent instances when\ntwo or more unusually small consecutive issues are printed one time. ¶Public access to the Congressional Record is available online through\nthe U.S. Government Printing Office at www.fdsys.gov , free of charge to the user. The information is updated online each day the\nCongressional Record is published. For more information, contact the GPO Customer Contact Center, U.S. Government Printing Office.\nPhone 202–512–1800, or 866–512–1800 (toll-free). E-Mail, contactcenter@gpo.gov . ¶The Congressional Record paper and 24x microfiche edition will\nbe furnished by mail to subscribers, free of postage, at the following prices: paper edition, $252.00 for six months, $503.00 p er year, or\npurchased as follows: less than 200 pages, $10.50; between 200 and 400 pages, $21.00; greater than 400 pages, $31.50, payable i n advance;\nmicrofiche edition, $146.00 per year, or purchased for $3.00 per issue payable in advance. The semimonthly Congressional Record Index may be\npurchased for the same per issue prices. To place an order for any of these products, visit the U.S. Government Online Bookstor e at:\nbookstore.gpo.gov. Mail orders to: Superintendent of Documents, P.O. Box 979050, St. Louis, MO 63197–9000, or phone orders to 8 66–512–1800\n(toll-free), 202–512–1800 (D.C. area), or fax to 202–512–2104. Remit check or money order, made payable to the Superintendent o f Documents, or\nuse VISA, MasterCard, Discover, American Express, or GPO Deposit Account. ¶Following each session of Congress, the daily Congressional\nRecord is revised, printed, permanently bound and sold by the Superintendent of Documents in individual parts or by sets. ¶With the\nexception of copyrighted articles, there are no restrictions on the republication of material from the Congressional Record.\nPOSTMASTER: Send address changes to the Superintendent of Documents, Congressional Record, U.S. Government Printing Office,\nWashington, D.C. 20402, along with the entire mailing label from the last issue received.UNUMEPLURIBUSD682 June 28, 2012 \nNext Meeting of the SENATE \n10 a.m., Friday, June 29 \nSenate Chamber \nProgram for Friday: The Majority Leader will be recog-\nnized. Senate hopes to consider the transportation con-ference report. Next Meeting of the HOUSE OF REPRESENTATIVES \n9 a.m., Friday, June 29 \nHouse Chamber \nProgram for Friday: Complete consideration of H.R. \n5972—Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2013. Consid-eration of the conference report to accompany H.R. 4348—Surface Transportation Extension Act of 2012, Part II (Subject to a Rule). \nExtensions of Remarks, as inserted in this issue \nHOUSE \nBecerra, Xavier, Calif., E1172 \nBerkley, Shelley, Nev., E1171 Berman, Howard L., Calif., E1173, E1178 Bishop, Sanford D., Jr., Ga., E1167, E1179 Blumenauer, Earl, Ore., E1180 Bono Mack, Mary, Calif., E1176 Boustany, Charles W., Jr., La., E1168 Cantor, Eric, Va., E1169 Coffman, Mike, Colo., E1172 Conyers, John, Jr., Mich., E1174 Costa, Jim, Calif., E1168, E1178 Eshoo, Anna G., Calif., E1175 \nFarr, Sam, Calif., E1170 Fitzpatrick, Michael G., Pa., E1169 Green, Al, Tex., E1180 Hastings, Alcee L., Fla., E1174 Johnson, Timothy V., Ill., E1176 King, Peter T., N.Y., E1175 Kucinich, Dennis J., Ohio, E1171, E1179 Lee, Barbara, Calif., E1170 Lipinski, Daniel, Ill., E1170 McCollum, Betty, Minn., E1177 Markey, Edward J., Mass., E1176 Moran, James P., Va., E1170 Myrick, Sue Wilkins, N.C., E1171 \nPallone, Frank, Jr., N.J., E1173 Richardson, Laura, Calif., E1167, E1171, E1173, E1177, \nE1179 \nRuppersberger, C.A. Dutch, Md., E1167 Sa´nchez, Linda T., Calif., E1173 \nSchiff, Adam B., Calif., E1172 Schmidt, Jean, Ohio, E1168 Speier, Jackie, Calif., E1169 Towns, Edolphus, N.Y., E1179, E1180 Visclosky, Peter J., Ind., E1170 Wilson, Joe, S.C., E1176 \nVerDate Mar 15 2010 05:48 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 0664 Sfmt 0664 E:\\CR\\FM\\D28JN2.REC D28JNPT1smartinez on DSK6TPTVN1PROD with DIGEST" }

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{ "pdf_file": "B5KPJCA2OHJFRE4CRZV6E2O7OQMTIU2M.pdf", "text": " \n \nDAVE WALLS \n \n Mr. Dave Walls was appointed Executive Director of the Ca lifornia Building \nStandards Commission (CBSC) in May of 2006. His appointment is supported \nby many years of experience in pub lic policy, and the development and \nadministration of programs pertaining to the educati on, implementation, and \napplication of building c odes in California. \n Most recently Mr. Walls successfully directed the development and adoption of \nthe 2010 California Green Building Standar ds Code (CALGreen), the first in-the-\nnation statewide gree n building code. He also en gineered the publication of the \n2007 California codes while streamlining the process to reduce the adoption \ntimeline to 12 months. Prior to his CBSC appointment, Mr. Wa lls served as an administrator with the \nDivision of Codes and Standards for t he California Department of Housing and \nCommunity Development (HCD). He managed the division from 2001 to 2006. \n A California licensed general contractor, Mr. Walls wa s formerly an official in the \nbuilding inspection division for the Coun ty of Sutter from 1995 to 2001, and for \nthe City of Galt from 1992 to 1995. During his tenure with the City of Galt he \norchestrated the rewriti ng of the disability access building standards for \nresidential occupancies in Californi a and developed t he Americans with \nDisabilities Act transiti on plan for the city. \n Currently, Mr. Walls also serves as a me mber of the Califor nia Seismic Safety \nCommission, the Hospital Building Safety Board, and the Sustainable Building \nTechnology Committee. " }

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{ "pdf_file": "UFP4NVRL3IKKQO3UOKLOHNXMN7YRYKML.pdf", "text": "James Madison\n\"Do not separate text from historical background. If you do, you will have perverted and\nsubverted the Constitution, which can only end in a distorted, bastardized form of illegitimate\ngovernment.\" \n 1 / 1" }

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{ "pdf_file": "OOCZ65LSQNV54SSBIQ5C2LVLOZNKUXH3.pdf", "text": " 1 Statement of Mark Laven \nPresident and CEO, Latham International \non behalf of \nThe Association of Pool & Spa Professionals \nU.S. Senate Committee on Commer ce, Science and Transportation \nSubcommittee on Consumer Affairs, Product Safety & Insurance \nMay 3, 2006 \n \nChairman Allen and distinguished members of the Subcommittee: \n \nMy name is Mark Laven, President and CEO of Latham International, the leading manufacturer \nof in-ground swimming pools in North America. Latham is a 50 year-old company with 1200 \nemployees at 20 manufacturing locations in the U. S. and Canada. Like many in the pool and spa \nindustry, I am the third generation of my family to be associated with my company, and with the \nindustry. In many ways, we ar e a family-oriented industry. \n \nToday, I am testifying on behalf of The Association of Pool & Spa Professionals, APSP, the \ninternational trade association of the pool and spa industry. In this regard, when I use the term \n“we,” I am referring to APSP and the industry as a whole, not my company. We, collectively, \nthank the Subcommittee for holding this hearing, highlighting the critical importance of pool \nsafety, particularly during National Safe Kids Week. We have part icipated in events sponsored \nby Safe Kids Worldwide and others to educate caregivers on pool safety measures. Safety is a \ncore belief and commitment of this industry, and we appreciate the opportunity to participate \nhere today. \n \nOur industry touches millions of people. In th is country alone, there are approximately \n4.7 million in-ground pools, many with adjoin ing spas, 3.6 million above-ground pools, and \n5.4 million portable hot tubs in use today. \n \nBriefly, APSP, formerly NSPI, the National Sp a and Pool Institute, is headquartered in \nAlexandria, Virginia, and has approximately 4500 members, largely in North America. Its \nmembers are comprised of pool, spa and equipm ent manufacturers, builders, distributors, \nretailers and service companies, and their employees. Associated members include public health \nofficials, building code officials and others with an interest in the pool and spa industry, and \naquatics in general. Membership is voluntary, but all members agree, by a Code of Ethics, “to \ncontribute to the health, safety and welfare of the public in the installation, maintenance and \noperation of swimming pools, spas and hot tubs, and to comply with applicable laws, ordinances \nand regulations.” \n \nSince its inception, APSP has been committed to promoting the safe and enjoyable use of pools \nand spas, as have many of its members, includi ng my own firm, Latham In ternational. In this \nstatement, I’d like to summarize how we carry out this commitment. Additional detail is \nprovided in the Appendix we have submitted for the record. \n 2APSP and the industry promote safety by advocati ng widespread use of pool and spa Standards \napproved by ANSI, the American National Standa rds Institute, and by education, training and \ndisseminating safety information. \n \nANSI-Approved Pool and Spa Standards \n \nCurrently, APSP and the industry support compre hensive pool and spa construction and design \nStandards. These Standards are developed in acco rdance with the rigorous third-party consensus \nreview process of ANSI. Eight Standards are in effect, and one additional Standard is pending. A \nprincipal purpose of these Standards is the prev ention of three major concerns of pool safety--\ndrownings, diving accidents and suction entrapment. \n The ANSI Standards are continually reviewed and revised to reflect new methods and \ntechnologies that enhance safety. We advocate th eir widespread use with in the industry, and we \ncontinue to promote their adopti on by state and local officials. \n \nEducation and Safety Information \n \nWe emphasize safety in many educational settings , at national and local levels both within and \noutside of the industry. APSP has developed co mprehensive educational manuals and offers \ntraining and certification in both pool construction and servicing. \n Recognizing the critical need to deliver safety information directly to pool and spa owners and \nparents, APSP’s consumer awareness and public outreach programs feature a wide array of \nbrochures and publications, with t itles like “Important Safety Information” and “Children Aren’t \nWaterproof.” All of these are availabl e to the public at no charge by calling 800.323.3996, \nAPSP’s toll-free consumer contact number. Four related APSP websites further ex tend safety outreach to the public. TheAPSP.org, \nPoolPeopleUSA.com and HotTubLiving.com all contain important wa ter safety information, \nand a special site for kids, SplashZoneUSA.com, teaches water safety with online fun and \ngames. Safety is also highlighted in TV and radio public service announcements. \n Many individual companies within the industry, in cluding my own, emphasize safety repeatedly \nthrough our own websites, company training and customer education programs, publications, sales literature, pr oduct packaging and safety signage. \n Of course, the purpose of all these efforts is to prevent accidents and fata lities from occurring. It \nwould be ideal if we could guarantee safety in all instances. In real ity, we cannot; no industry \ncan make that guarantee. For example, all the precautions in the world will not protect an \nintoxicated person who dives reck lessly, head-first, into the shallow end of a pool. Statistics do \ntell us, however, that while pool and spa use is rising, the rate of drownings is declining, and we \nbelieve that public awareness education is a major contributing factor. However, this is no comfort when a tragic loss occurs. Our goal rema ins to help make sure that each and every \nperson who enjoys the use of pools and spas does so safely. 3 potentia l to create a false sense of security and to \nfreeze” one solution in place at th e expense of new and better al ternatives that may become \nr. Chairman, for decades swimming has remained the most popular form of exercise and \n built, \nl to our industry and will always \ne our utmost concern. We will continually work to promote, and work with others to promote \n Finally, I’d like to conclude with a few comments about safe ty products, devices and methods. \nOur industry is young and vibrant. New ideas fo r safety products and features are being \ndeveloped all the time. \n \nTo mandate any one device or method has the\n“\navailable. Consumers must be allowe d to benefit from safety innovation. \n \nMoreover, a safe pool environment involves many factors, in combination, and “one size does \nnot fit all” when it comes to responsible pool ownership. \n \nM\nrecreation in America. Pools and spas are like many things we use and enjoy everyday:\nmaintained and used properly, they are trem endously beneficial; however, built, used or \nmaintained improperly, they can be dangerous. Safety is critica\nb\npool and spa safety. \n \nThank you, Mr. Chairman. I look forward to responding to any questions you or other membersof the Subcommittee may have. " }

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{ "pdf_file": "5IPJIVPM6LCPD36Z6TPNZNJQJNATZVNV.pdf", "text": "Document\tLevel\tAdjustment\tBusiness\tRules\t\nLast updated 8/25/2016 Page 1General Information \nTo correct incorrectly recorded costs, adjustments shoul d be made at the document or detail level to provide \nan adequate audit trail. \nDocument Level Adjustments (DLA’s) should be used to correct f ully disbursed obligations and no match \ntransactions. Please note the DLA process transfers costs, not resources. The process transfers dollar \namounts as paid costs. For partially disbursed obliga tions, modifications should be processed through the \nnormal obligation channels (Contracts/ Grants through AGO and Legacy/ Interagency Agreements through \nthe Finance Office). Amounts in undelivered orders cannot be transferred using the DLA process. Bankcard reconciliation errors can also be adjusted using DLAs. \nRequired Approvals \nALL DLA’S regardless of the amount must be reviewed and approved with signatures by the \nOriginator’s Supervisor or equivalent before being submitted to AOD for posting. [See CBS \nDocument Level Adjustment Approval Form] \nDLA’S regardless of the amount between two different fund codes and or program codes, or any \ndocume nt level adjus t\nment of $500K or more MUST be reviewed and approved with signatures by the LO/SO \nBudget Execution Lead AND the LO Chief Financial Officer (CFO) or Staff Office Director, AND the NOAA or \nBIS Budget Execution Office (BEX) before being submitted to AOD for posting. [See CBS Document Level \nAdjustment Approval Form] \nTransfers between Organizations and/or Financial Management Centers (FMCs): Any DLA that is \ntransferring costs between organizations and/or FMCs requires the signed approval of the affected \norganization. The originator of the DLA must obtain the signed approval form from the affected \norganization which contains a statement that they concur with the DLA action and it is appropriate for \napproval. [See CBS Document Level Adjustment Approval Form] \nBusiness Rules for Docu ment Level Adjustments \nThe following NOAA Business Rules apply when pr ocessing DLAs using the CBS Payment Management \nPM006- Advice of Correction Transaction Screen. See the Document Level Adjustment Standard Operating \nProcedures for internal finance office adjustments. \nFROM and TO Fund Code Fiscal Year must Match. Both the ‘FROM’ and ‘TO’ sides of a transaction \nmust cite the same Fund Code Fiscal Year (FCFY). Co sts from one FCFY may not be transferred into another \nFCFY. For example, costs recorded against FC FY 2011 may not be transferred into FCFY 2012. The only \nexceptions are: \nFCFY Exception 1 : No Match Overruns - FCFY can only move forward from a prior FCFY to the\ncurrent FCFY. [Exception must be noted in business rules violation justification]\nFCFY Exception 2 : Interest Penalties - For object class 43-01, FCFY can only move forward from a\nprior FCFY to the current FCFY. [ This exception should be exercised if no other recourse is\navailable. Exception must be noted in business rules violation justification] Document\tLevel\tAdjustment\tBusiness\tRules\t\nLast updated 8/25/2016 Page 2The ‘FROM’ and ‘TO’ Dollar Amounts must Match. The DLA dollar amounts must be equal on \nthe ‘FROM’ and ‘TO’ sides of the DLA. \nObject Class Codes 31.1x and 32.xx : DLA’s that contain object class codes 31.1x will not be processed \nwithout approval from the Office of the Chief Admi nistrative Officer (OCAO) Project Planning and \nManagement Division (PPMB). DLA’s that contain th e object class code 32.xx will not be processed \nwithout approval from the OCAO Real Property Management Division (RPMD). \nPrior Year Adjustments: Only changes to the object class will be made. Any other changes will be made \non a case by case basis, a request fo r a business rule exceptio n along with the justific ation for the exception \nmust be noted in the reason for adjust ment section of the DLA approval form. \nOver/Under Object Class Codes are Not Allowed. DLA’s will not be processed for any of the \nover/under distribution object class codes 77-87-89-99, 77-88-79-99, 77-88-89-99, 77-89-89-99, \n77-11- 89-99, or 77-12-89-99. \nLeave/Benefit Surcharge Object Class Codes are Not Allowed. DLA’s are not allowed for any of the \nfollowing surcharge object cl asses: 11-60-00-00 or 12-10-00-00. Usi ng these object classes would cause \na duplication of surcharges. \nOverhead Surcharge Object Class Codes are Not Allowed. DLA’s will NOT be processed for any of \nthe f\nollowing surcharge object classes: 77-87-00-00, 77-88-00-00, 77-88-19-00, 77-89-00-00, \n77-11-00-00\n, 77-12-25-17, or 77-12-25-35. Contact NOAA or BIS BEX for guidance on making \nadjustments to thes\ne object classes. \nAccounting Data must be Valid. The sy stem requires that each DLA transaction include active \naccounting data. This includ es the Fund Code, Fiscal Year, Program Code, Project Code, Task Code, \nOrganization C ode, and Object Class Code. \nALL DLA’S must have a clear crosswalk be tween the ‘From’ and ‘To’ side of the \ntransaction. Only one of the following combinations will be accepted: \nOne ‘From’ Line Item to One ‘To’ Line Item\nOne ‘From’ Line Item to Multiple ‘To’ Line Items:\nTransaction amounts must match the amount recorded in CBS. If partial amounts are being adjusted,\nthe ‘To’ lines will reflect the amounts that change and the amounts that are not changing.\nThe following document types will NOT be processed: \nGJ\nST\nGrants\nLabor Charges Document\tLevel\tAdjustment\tBusiness\tRules\t\nLast updated 8/25/2016 Page 3DLA Submission Package Guidance \nAll DLA requests MUST be submitted to your servicing finance office; either DLASubmissions@noaa.gov \n(Eastern Operations Branch) or WOBDLASubmissions@noaa.gov (Western Operations Branch). Please \nnote the date in the subject line. The email MUST include the following supporting documentation: \nIf any of the required supporting documentation is not inclu d ed the entire DLA batch will be \ndisapproved and returned. \nSigned CBS Document Level Adjustment Approval Form\nA clear and concise reaso n for the DLA (on the DLA Approval Form\n) which references the supporting\ndocumentation provided.\nDocument Level Adjustment Request Form\nAdequate supporting documentation consisting of budget reports and/or any other\ndocumentation (i.e., invoices, contracts, etc.) that provides sufficient justification for the DLA.\nThis documentation should be available for audit by internal and external auditors when\nnecessary.\nDocumentation Retention Requirements \nThe Office Originating the DLA and AOD Must Retain the Following Documentation: \nSigned CBS Document Level Adjustment Approval Form\nDocument Level Adjustment Request Form\nAdequate supporting documentation consisting of budget reports and/or any other documentation (i.e.,\ninvoices, contracts, etc.) that provides sufficient justification for the DLA. This documentation should be\navailable for audit by internal and external auditors when necessary ." }

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{ "pdf_file": "K3IGHYFHR26MTI4I6GKU2LRQHYXKEUVN.pdf", "text": "United States Department of Agriculture\nAnimal and Plant Health Inspection Service\nAPHIS \nin the \nGlobal Trade \nArena APHIS works to safeguard American agricul-\nture by keeping destructive foreign pests anddiseases out of the United States. Should anexotic disease threaten U.S. borders, it’sAPHIS’ role to combat the threat and pre-vent an outbreak. By ensuring the health andwell-being of animals and plants nationwide,APHIS helps improve agricultural productiv-ity and competitiveness and contributes tothe national economy and the public health.\nAPHIS’ dedicated workforce strives to meet\nthe needs of an ever-expanding customerbase. We use state-of-the-art technology tokeep up with trends in agriculture and inter-national trade as well as other pertinentissues. All of our work enhances the UnitedStates’ ability to buy and sell agriculturalproducts in the international marketplace,fortifies our abundant, safe, and diverse foodsupply, and contributes to the health of U.S.public and private lands.Global Trade Agreements\nSeveral global trade agreements help APHIS to carry out its mission, the mostimportant of which are the North AmericanFree Trade Agreement (NAFTA) and theWorld Trade Organization (WTO) Sanitaryand Phytosanitary (SPS) Agreement, the suc-cessor to the General Agreement on Tariffsand Trade (GATT). Both have helped theUnited States become more competitive inthe international trade arena, especially inthe area of agriculture.\nThis growing interest in agricultural trade\nhas created a more visible role for APHIS andexpanded our mission to ensure that newtrade opportunities benefit the United Stateswithout creating new threats from harmfulexotic pests and diseases. APHIS is delegatedas the primary negotiator for SPS-relatedtrade issues. In that role, APHIS has theresponsibility for regulating the importationof food and agricultural commodities intothe United States as well as establishing SPSrequirements that set the boundaries for safeinternational agricultural trade. The need forsuch SPS requirements is fully recognized byNAFTA and the WTO.\nNAFTA, a trilateral trade pact between the\nUnited States, Canada, and Mexico, went intoeffect in January 1994. The GATT was estab-lished in the wake of World War II, and itssuccessor organization, the WTO, was cre-ated in 1995 after a series of trade negotia-tions known as the Uruguay Round.Collectively, the WTO’s more than 140 mem-ber countries account for more than 90 per-cent of world trade. Decisions are madebased on the consensus of the entire WTOmembership.\nDuring NAFTA and WTO negotiations, coun-\ntries embarked on a historic effort to reformagricultural trade. Under both agreements,countries are required to base their SPSmeasures on scientific evidence. In short,countries are now required to scientificallyjustify their reasons for impeding the free\n2APHIS in the Global Trade ArenaProtecting American agriculture is the\nbasic charge of the U.S. Department ofAgriculture’s (USDA) Animal and PlantHealth Inspection Service (APHIS).APHIS has employees stationed acrossthe country and around the world toaccomplish this mission. flow of trade. With the reductions in quotas\nand tariffs that are a result of WTO andNAFTA, there is a greater potential for coun-tries to use pests and diseases as artificialbarriers to trade. In order to exclude agricul-tural products presented for importation, acountry must be able to scientifically docu-ment that allowing such importation wouldcreate an unacceptable risk of introducingforeign pests or disease. To be designated asquarantine significant, a pest or disease mustnot exist in the importing country or bepresent only in a limited area that is underofficial control.\nNAFTA and WTO requirements for risk\nassessments are intended to make countries’SPS regulations more transparent and scien-tifically based. Countries also are required tobe consistent in their risk management prac-tices. Agricultural officials cannot treat onecountry different from another when theimportation of their goods would result inthe same pest risk. It is important to note,however, that NAFTA and WTO clearly recog-nize the rights of countries to set their ownlevels of protection.\nRegionalization\nIn addition, the WTO and NAFTA commitcountries to recognizing disease- and pest-free areas within a country even if a particu-\nlar pest or disease exists elsewhere in thenation. This concept is perhaps the most sig-nificant policy and regulatory issue facingAPHIS and our trade partners. It has, how-ever, created new opportunities for theUnited States, as well as other countries thatmay have a pest in one region but be free ofit elsewhere.\nThe concept of regionalization is founded on\nthe longstanding idea that import require-ments should be based on geography and sci-ence rather than on politics. The politicalborders between countries and delimitingstates within a country are invisible; geo-graphic boundaries, such as mountains andrivers, are not. Pests and diseases must be\nable to travel in order to spread. If the path isblocked by a mountain range down the mid-dle of a country, then the disease is naturallyconfined to one side of that country.\nThe states of Sonora and Yucatan in Mexico\nare prime examples. While other regions in Mexico still have outbreaks of classicalswine fever (CSF), the prevalence of thedisease in Sonora and Yucatan is low. Basedon the principle of regionalization and a riskanalysis, the United States accepts imports offresh (chilled or frozen) pork from Sonoraand Yucatan even though other regions ofthe country are not allowed to export pork to the United States because of the presenceof CSF .\nPlant health officials refer to regionalization\nas “area freedom.” The name is different, butthe results are the same. When Pennsylvaniaofficials discovered an outbreak of plum poxin October 1999, area freedom kept theentire State, and perhaps the entire Nation,from being quarantined. Under area free-dom, the disease, which infects stone fruit,resulted in a quarantine only in the AdamsCounty, PA, area where plum pox wasdetected. Other major U.S. stonefruit-producing areas, such as Washington, cancontinue to export peaches, apricots, plums,and almonds.\nShould one nation disagree with another’s\ntrade requirements, the requirements can bechallenged through NAFTA and the WTO’sdispute settlement processes. A disagree-ment arising between Mexico, Canada, or the United States could be first addressedthrough NAFTA. In both NAFTA and theWTO, a panel is appointed to review the situ-ation and make a ruling. If a country fails torecognize the panel’s ruling, the WTOprovides a mechanism for proceeding.\nAPHIS in the Global Trade Arena 3This growing\ninterest inagricultural tradehas created a more visible role for APHIS andexpanded ourmission to ensurethat new tradeopportunitiesbenefit the UnitedStates withoutcreating newthreats fromharmful exotic pests and diseases. International Standards\nThe WTO and NAFTA encourage countries to\nbase their SPS regulations on internationalstandards. Countries are required to publishproposed regulations in order to give othernations a chance to comment before theregulations go into effect. This process isintended to reduce unnecessary variancebetween countries’ technical health stan-dards—differences that are often the causeof trade disputes. It is a top priority of APHISto work with our trading partners to developinternationally acceptable standards. We’vealready made great progress in this area withsome nations, especially Canada and Mexico.\nAPHIS works with and recognizes a number\nof standards-setting organizations that helpdetermine the rules for international trade.\nL’Office International des Epizooties \n(OIE) and Animal Health\nOne of the most important standards-setting\norganizations, Paris-based OIE has morethan 150 member countries. It was started inthe 1920’s in response to the appearance ofrinderpest in Europe from Pakistan. Eachmember country has one vote and one dele-gate. Its major functions are to collect anddisseminate information on the distributionand control of animal diseases, coordinateresearch on contagious animal diseases, andstandardize rules for international trade inanimals and animal products.\nOIE aims to ensure that scientifically justi-\nfied measures are used to govern interna-tional trade in animals and animal products.The WTO has designated the OIE as theinternational forum for setting animalhealth standards, reporting global animalhealth situations and status, and presentingguidelines and recommendations on animalhealth issues.International and North American\nOrganizations for Plant Health\nThe WTO recognizes the International Plant\nProtection Convention (IPPC) when it comesto setting plant health standards. In effectsince 1952, the IPPC is a multilateral treatythat promotes “. . . common and effectiveaction to prevent the spread and introduc-tion of pests of plants and plant products and to promote measures for their control.”The treaty is administered by the Food andAgriculture Organization (FAO) of the UnitedNations. Currently, more than 100 countriesadhere to the IPPC.\nIn 1989, an IPPC Secretariat was created to\ncoordinate activities for the IPPC and to sup-port the development and administration ofinternational phytosanitary standards. Giventhe importance of international standards tofuture agricultural trade, the technical andregulatory nature of plant health issuescovered by the IPPC, and APHIS’ scientificexpertise in this area, APHIS has assumedthe role of lead U.S. agency participating inactivities of the IPPC.\nThe IPPC objectives are to develop interna-\ntional plant health standards, promote theharmonization of plant quarantine activitieswith emerging standards, facilitate the dis-semination of phytosanitary information,support plant health assistance to developingcountries, and resolve disputes.\nThe North American Plant Protection\nOrganization (NAPPO)—a regional plantprotection organization of the IPPC createdin 1976—coordinates the efforts amongCanada, the United States, and Mexico toprotect their plant resources from the entry,establishment, and spread of plant pestswhile ensuring the free flow of trade betweenthe three nations. APHIS employees are fre-quently assigned to NAPPO committeescharged with reviewing technical standardsor reviewing new methods for pest control.\n4APHIS in the Global Trade ArenaIt is a top priority\nof APHIS to workwith our tradingpartners to developinternationallyacceptablestandards. We’vealready made great progress in this area withsome nations,especially Canadaand Mexico. For example, APHIS employees worked with\nNAPPO to develop guidelines for the releaseof nonnative organisms to control weeds.\nIn addition to establishing plant quarantine\nstandards, NAPPO also has developed a pestrisk analysis (PRA) standard. PRAs are gener-ally done for every agricultural commodityentering the United States. The PRA identi-fies foreign pests that could harm U.S. agri-culture and the level of risk related to aparticular commodity. By adhering to thePRA standard developed by NAPPO, theUnited States, Mexico, and Canada can all beassured they’re using the same approach toevaluate pest risks.\nCodex and Free Trade Areas \nfor the Americas\nThe Codex Alimentarius Commission for\nfood safety standards is the third interna-tional standards-setting organization recog-nized by the WTO. Jointly managed by theWorld Health Organization and the FAO,Codex, established in 1963, facilitates worldfood trade by establishing international stan-dards based on accepted scientific knowl-edge. Codex deals with subjects such as foodadditives, pesticide residues, and food label-ing. Codex expert committees are composedof representatives from government regula-tory agencies, such as USDA’s Food Safetyand Inspection Service, the international sci-entific community, and industry.\nThe OIE, IPPC, NAPPO, and Codex have\nearned prominent roles in determining thesubstance, direction, priorities, and out-comes of SPS requirements. Domesticgroups have grown increasingly aware ofthese organizations and the importance oftheir activities, resulting in increased inter-est and expectations concerning the develop-ment, establishment, and amendment ofinternational standards, particularly fromthe standpoint of dispute resolution.In addition to working with such standards-\nsetting organizations as the OIE, IPPC, andCodex, the United States is also involved inthe proposed negotiation of Free Trade Areasfor the Americas (FTAA). In January 1995,the United States and 33 governments fromCentral and South America and theCaribbean established the foundation for theFTAA, making a joint declaration of theircommitment to the hemispheric integrationof economics and trade by 2005. FTAA hasthe potential of accelerating greater intra-hemispheric trade, particularly in agricul-ture, given the significant role thatagriculture plays in the economies of mostLatin American and Caribbean countries.The FTAA initiative reflects current U.S.trade policy aimed at deepening our traderelations with newly emerging or developingeconomies of our hemisphere.\nAs a result of WTO and the pending FTAA,\nLatin America has evolved into an importantregion in terms of new markets for U.S.agricultural goods. APHIS has played aninstrumental role in establishing traderelationships with these countries.\nAPHIS in the Global Trade Arena 5 Asia–Pacific Economic Cooperation\nAnother example of U.S. efforts to broaden\ncommercial relations beyond Europe andCanada is APHIS’ participation in the Asia–Pacific Economic Cooperation (APEC). APECwas established in 1989 to promote coopera-tion in trade and other economic issues.What started out as an organization with12 member countries has nearly doubled insize to encompass countries as diverse asAustralia, Brunei, and China. As a member ofAPEC, the United States attends regularmeetings to discuss such issues as trade lib-eralization, technology transfer, investment,energy, and other topics of mutual interest.It was not until 1995, however, that APECmembers agreed to address agriculturaltrade. At this time, a group of agriculturaltechnical experts was formed to discussissues, including biotechnology and quaran-tine and pest management.\nAPHIS recognizes the countries in the\nPacific Rim region as strategically importantagricultural markets and plays a key role inmeetings of the APEC agricultural technicalexperts. In recent years, APHIS has workedhard to develop technical working relation-ships with such nations as Japan, SouthKorea, and China. These relationships havebeen instrumental in creating new marketsfor U.S. agricultural commodities. APHISwas successful in March 2000 with helpingto open up the Chinese market to U.S. citrus.Besides being economically significant, thisagreement also helps pave the way for futuremarket opportunities.Without the creation of the WTO and \nNAFTA, such trade relationships would notbe possible. It’s a principal role of APHIS tomake sure the United States and our tradingpartners adhere to the SPS rules set forth bythe WTO and NAFTA as well as the otherrelevant standards-setting organizations.While trade agreements have helped to openup new markets for the United States andother countries, APHIS must ensure thatU.S. agriculture is protected in all endeavorsand that agricultural imports from foreigncountries do not create new pathways forpests. APHIS’ role in the global marketplacewill continue to increase as the United \nStates expands current trade relationships\nand establishes new partnerships withdeveloping countries.\nFor more information about APHIS\nprograms, visit the APHIS homepage athttp://www.aphis.usda.gov\n6APHIS in the Global Trade ArenaIn recent years,\nAPHIS has workedhard to developtechnical workingrelationships withsuch nations asJapan, South Korea,and China. Theserelationships havebeen instrumentalin creating newmarkets for U.S. agriculturalcommodities. The U.S. Department of Agriculture prohibits discrimination in all its\nprograms and activities on the basis of race, color, national origin, sex,religion, age, disability, political beliefs, sexual orientation, or marital orfamily status. (Not all prohibited bases apply to all programs.) Personswith disabilities who require alternative means for communication ofprogram information (Braille, large print, audiotape, etc.) should contactUSDA’s TARGET Center at (202) 720–2600 (voice and TDD).\nTo file a complaint of discrimination, write USDA, Director, Office of Civil\nRights, Room 326-W, Whitten Building, 1400 Independence Avenue, SW,Washington, DC 20250–9410 or call (202) 720–5964 (voice and TDD).USDA is an equal opportunity provider and employer. United States\nDepartment ofAgricultureAnimal and PlantHealth InspectionService\nMiscellaneous \nPublication No. 1572Issued September 2001" }

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{ "pdf_file": "PCW6KUWFIKXHZIELKOYPYOLWVEQT4HOX.pdf", "text": "231 Agricultural Marketing Service, USDA § 91.33 \n§ 91.30 Maintenance and retention of \ncopies of certificates or analysis re-ports. \n(a) At least one copy of each certifi-\ncate or analysis report shall be filed in the laboratory for a period of not less than 3 years either from the date of issuance of the document, from the date of voiding a certificate, or from the date last payment is made by the applicant for a reported laboratory de-termination, whichever is later. \n(b) Whenever any document, because \nof its condition, becomes unsuitable for its intended or continued use, the lab-oratory personnel shall make a copy of the original document. \n(c) True copies shall be retained as \nphotocopies, microfilm, microfiche, or other accurate reproductions and dura-ble forms of the original document. Where reduction techniques, such as microfilming are used, suitable reader and photocopying equipment shall be readily available. Such reproductions shall be treated and considered for all purposes as though they were the origi-nal documents. \n(d) All documents required to be \nmaintained under this part shall be kept confidential and shall be disclosed only to the applicants or other persons with the applicants’ knowledge and permission. Only such information as the Administrator deems relevant shall be disclosed to the public without the applicants’ permission, and then, only in a suit or administrative hearing brought at the direction, or on the re-quest, of the Administrator, or to which the Administrator or any other officer of the United States is a party. \nSubpart H—Appeal of Laboratory \nServices \n§ 91.31 When an appeal of a laboratory \nservice may be requested. \n(a) An application for an appeal of a \nlaboratory service may be made by any interested party who is dissatisfied with the results of an analysis as stat-ed in a certificate or laboratory report, if the lot of the commodity can be posi-tively identified by the laboratory service as the lot from which originally drawn samples were previously ana-lyzed. (b) An application for an appeal of a \nlaboratory service shall be made within thirty (30) days following the day on which the previous analysis was per-formed. However, upon approval by the Deputy Administrator, the filing time for an appeal application may be ex-tended. \n[58 FR 42415, Aug. 9, 1993, as amended at 65 \nFR 64311, Oct. 26, 2000] \n§ 91.32 Where to file for an appeal of a \nlaboratory service and information required. \n(a) Application for an appeal of a lab-\noratory service may be filed with the supervisor in the office or the director of the laboratory facility that issued the certificate or laboratory report on which the appeal analysis covering the commodity product is requested. \n(b) The application for an appeal of a \nlaboratory service shall state the loca-tion of the lot of the commodity prod-uct and the reasons for the appeal; and date and serial number of the certifi-cate covering the laboratory service of the commodity product on which the appeal is requested. In addition, such application shall be accompanied by the original and all available copies of the certificate or laboratory report. \n(c) Application for an appeal of a lab-\noratory service may be made orally (in person or by telephone), in writing, by e-mail, by facsimile, or by telegraph. If made orally, written confirmation shall be made promptly. \n[65 FR 64311, Oct. 26, 2000] \n§ 91.33 When an application for an ap-\npeal of a laboratory service may be withdrawn. \nAn application for an appeal of a lab-\noratory service may be withdrawn by the applicant at any time before the appealed laboratory service is per-formed; Provided, That, the applicant \nshall pay, at the hourly rate prescribed in §91.37, for the time incurred by the laboratory personnel, any travel, tele-phone, telegraph, or other expenses which have been incurred by the lab-oratory service in connection with such application. \nVerDate Aug<04>2004 11:48 Jan 18, 2005 Jkt 205014 PO 00000 Frm 00231 Fmt 8010 Sfmt 8010 Y:\\SGML\\205014T.XXX 205014T" }

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{ "pdf_file": "DY5LZQ4GNWFFHGFEMU7C565YTWYVC5SB.pdf", "text": "California Public Employees’ Retirement System \nwww.calpers.ca.gov C \nAdministrative Services Branch \nP.O. Box 898 \nSacramento, CA 94229-0898 \nTelecommunications Device for the Deaf - (916) 795-3240 \n(916) 795-3976, FAX (916) 795-1279 \n \n \nSeptember 14, 2009 \n \nAGENDA ITEM 10a \n \nTO: MEMBERS OF THE FINANCE COMMITTEE \n \nI. SUBJECT: Finance Committee Meeti ng Calendar for 2010 \n II. PROGRAM: Administration \n III. RECOMMENDATION: Staff recommends the appr oval of the proposed \nFinance Committee Meeting Calendar for 2010. \n \nIV. ANALYSIS: \n \nBackground\n \n \nAttached for the Committee’s considerat ion are the proposed meeting dates \nfor 2010. Specifically, staff proposed that the Committee meet seven times \nduring 2010 as follows: \n• The Committee will meet during the months of F ebruary, March, April, \nJune, September, November, and December. \n \n• The Committee will not meet during the months of January, May, July, \nAugust, and October. \n \nThis is used for planning purposes and, if the need arises , meeting dates and \ntimes can be changed. \nVI. RESULTS/COSTS: \n \n N / A _________ ____________________ \n L A R R Y J E N S E N \n Interim Assistant Executive Officer Administrative Services Branch Attachment " }

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{ "pdf_file": "HDUWFMUR5BA3PDSRTCJMNFUNYZ7OWHQ2.pdf", "text": "September 11, 2015 \n \n \nEast Building, PHH-30 \nU.S. Department 1200 New Jersey Avenue S.E. \nof Transportation Washington, D.C. 20590 \n \nPipeline and Hazardous \nMaterials Safety Administration \n \n \nDOT-SP 14149 \n(TWENTIETH REVISION) \n \n \nEXPIRATION DATE: October 31, 2018 \n \n(FOR RENEWAL, SEE 49 CFR 107.109) \n \n1. GRANTEE: Digital Wave Corporation \nEnglewood, CO \n \n2. PURPOSE AND LIMITATION: \n \na. This special permit authorizes the use of DOT \nSpecification 3AL cylinders and cylinders manufactu red under \nDOT-SP 12440 for the transportation in commerce of the \ncompressed gases described in paragraph 6 below, wh en \nretested by a 100% ultrasonic examination in lieu o f the \ninternal visual and the hydrostatic retest. This sp ecial \npermit provides no relief from the Hazardous Materi als \nRegulations (HMR) other than as specifically stated herein. \nThe most recent revision supersedes all previous re visions. \n \nb. The safety analyses performed in development of this \nspecial permit only considered the hazards and risk s \nassociated with transportation in commerce. \n \nc. Party status will not be granted to this specia l permit. \n \n3. REGULATORY SYSTEM AFFECTED: 49 CFR Parts 106, 1 07 and 171-\n180. \n \n4. REGULATIONS FROM WHICH EXEMPTED: 49 CFR §§ 172.203 (a) and \n172.301(c) in that marking the special permit numbe r is \nwaived; and § 180.205 in that the ultrasonic examin ation \n(UE) is performed in lieu of the specified internal visual \nexamination and hydrostatic pressure test for DOT 3 AL \ncylinders made from AA 6061 and cylinders manufactu red under \nDOT-SP 12240 and that ultrasonic examination (UE) a nd eddy Continuation of DOT-SP 14149 (20 th Rev.) Page 2 \n September 11, 2015 \ncurrent examination (EE) is performed in lieu of th e \nspecified internal visual examination and hydrostat ic \npressure test for DOT 3AL cylinders made from AA 63 51. \n \nNOTE : This does not relieve the holder of this special \npermit from securing and maintaining a valid approv al for \nretesting cylinders from the Associate Administrato r for \nHazardous Materials Safety. \n \n5. BASIS: This special permit is based on Digital Wave \nCorporation’s (DWC) application dated February 23, 2015 \nsubmitted in accordance with § 107.105 and the publ ic \nproceeding thereon. \n \n6. HAZARDOUS MATERIALS (49 CFR 172.101): \n \nHazardous Materials Description \nProper Shipping Name \n Hazard \nClass/ \nDivision Identifi-\ncation \nNumber Packing \nGroup \nLiquefied or non-liquefied \ncompressed gases, or mixtures \nof such compressed gases, \nclassed as Division 2.1, \n(flammable gas) Division 2.2, \n(nonflammable gas) or Division \n2.3, (gases which are Toxic by \nInhalation (TIH)) which are \nauthorized in the Hazardous \nMaterials Regulations for \ntransportation in DOT 3AL \ncylinders and cylinders \nmanufactured under DOT-SP \n12440. 2.1, 2.2, \nor 2.3 as \nappropriate As \nAppropriate N/A \n \n7. SAFETY CONTROL MEASURES: \n \na. PACKAGING - Packaging prescribed is a DOT Spec ification \n3AL cylinder, manufactured from aluminum alloy 6061 or 6351, \nor a cylinder manufactured under DOT-SP 12440 that is \nsubjected to periodic retesting, reinspection and m arking \nprescribed in § 180.205, except that the cylinder i s examined \nby an ultrasonic method in lieu of the hydrostatic pressure \ntest and internal visual inspection. Each cylinder must be Continuation of DOT-SP 14149 (20 th Rev.) Page 3 \n September 11, 2015 \nsubjected to an external visual examination and ret ested and \nmarked in accordance with the UE procedure describe d herein \nand DWC January 25, 2005 application for special pe rmit on \nfile with the Office of Hazardous Materials Safety Approvals \nand Permits Division (OHMSAPD). \n \nAdditionally, DOT cylinders made of aluminum alloy 6351 must \nbe examined by the eddy current (EE) procedure desc ribed \nherein and DWC January 25, 2005 application for spe cial permit \non file with OHMSAPD. A cylinder that has been expo sed to fire \nor to excessive heat may not be retested under the terms of \nthis special permit. \n \nb. Equipment and Performance. \n \n(1) Ultrasonic System - The ultrasonic equipment \nperformance must conform to the DWC’s February 1, 2 005 \napplication on file with OHMSAPD and as prescribed in \nthis special permit. The UE equipment incorporates a \nsingle-channel or a multi-channel immersion system \narranged to perform straight and angle beam \nexaminations. The ultrasonic pulses must enter into the \ncylinder wall in both longitudinal, both \ncircumferential directions and normal to the cylind er \nwall to ensure 100 percent coverage of the cylinder \nwall. The system must be set-up to perform longitud inal \nultrasonic angle beams from the cylinder shoulder d own \nto the cylinder base area and from the cylinder bas e up \nto the cylinder shoulder. Also the system must be s et-\nup to perform circumferential ultrasonic angle beam s in \nboth clockwise and counterclockwise rotation around the \ncylinder. All defects (such as isolated pits, line \ncorrosion, sidewall defects (e.g. cracks, folds) an d \nline corrosion must be detected. The transducer or \ncylinder must be arranged so that the ultrasonic be ams \nenter into the cylinder wall and measure thickness and \ndetect the sidewall flaws. The immersion UE system must \nhave a high speed board to digitize and capture eac h A-\nscan during examination of the cylinder. Gain contr ol \naccuracy must be checked for a new Ultrasonic Syste m \nwith equipment that is calibrated in accordance wit h \nindustry standards for checking gain linearity accu racy \nas published in the ASTM-E317 standard. Search unit s of \n2.25 to 10 MHz nominal frequency and 1/4\" to a 1\" \ndiameter must be used during ultrasonic examination . A \nmanual contact shear or longitudinal search unit ma y be \nused for confirmation and sizing of an indicated \ndefect. If manual UE is used, it must be performed Continuation of DOT-SP 14149 (20 th Rev.) Page 4 \n September 11, 2015 \nunder direct supervision of a Senior Review \nTechnologist by a minimum Level II operator and in \naccordance with American Society of Testing Materia ls \n(ASTM) practice E 213. \n \n(2) Eddy Current Equipment - Equipment, such as Vis ual \nPlus or Visual Eddy, must be capable of detecting t he \nnotches on the standard reference ring. \n \nc. Standard References \n \n(1) UE Reference Cylinder - A cylinder or a cylinder \nsection must be used as a standard reference and mu st \nhave similar acoustic properties, surface finish an d \nmetallurgical condition as the cylinders under test . \nThe standard reference, (reference cylinder) must h ave a \nknown minimum design wall thickness (t m) which is less \nthan or equal to the cylinder under test. The stand ard \nreference cylinder for cylinders less than or equal to 6-\ninches in diameter must have the same nominal diame ter as \nthe cylinder being tested with a tolerance of +0%/- 30%. \n \nCylinders greater than 6-inches in diameter must co nform \nto the allowable size ranges shown in the following \ntable: \n \nStandard Reference \n \nCylinder Size Ranges \nis being retested by UE \n \nOutside Diameter (OD-inches) \nMinimum OD-\ninches \nMaximum OD-\nInches \n \n7 \n7.50 \n9.00 \n9.25 \n10.00 \n12.00 \n \n6.30 \n6.75 \n8.10 \n8.33 \n9.00 \n10.80 \n \n10.50 \n11.25 \n13.50 \n13.88 \n15.00 \n18.00 \n \nPrior to placing the simulated defects, such as min imum \nwall thickness, the average minimum wall thickness for \nthe standard reference must be determined by means of an \nindependent method. Continuation of DOT-SP 14149 (20 th Rev.) Page 5 \n September 11, 2015 \n (2) The standard reference (reference cylinder) must be \nprepared to include the following artificial defect s: \n \n (i) The artificial defect for area corrosion wi ll \nbe 0.70 square inch (in 2) and the remaining wall \nthickness must be at least the design minimum wall \nfor a cylinder being tested. \n \n(ii) The artificial defect for isolated pits in \ncylinders less than or equal to 4 inches in diamete r \nconsisting of an internal flat bottom hole (FBH) of \n1/8 inch diameter and 1/3t m in depth. \n \n(iii) The artificial defect for isolated pits in \ncylinders greater than 4 inches in diameter \nconsisting of an internal FBH of 1/4 inch diameter \nand 1/3t m in depth. \n \n(iv) The artificial defect for line corrosion \nconsisting of two circumferential (one internal and \none external) and two longitudinal(one internal and \none external) notches. These notches shall be \nelectro discharge machine (EDM), measuring 0.10 t m in \ndepth, 1 inch in length and less than or equal to \n0.010 inch width. \n \n(3) A certification statement signed by a DWC seni or \nreview technologist (SRT) must be available for all \nstandard references at each site where retesting is \nperformed. The certification statement must include a \nstandard reference drawing for each size of cylinde r. A \nstandard reference drawing must include dimensions and \nthe locations of each simulated defect. \n \n(4) Eddy Current Reference Ring - The reference ri ng \nmust be produced to represent one or more DOT 3AL \ncylinders. The reference ring must include artifici al \nnotches that simulate neck crack (SLC). The size of \nartificial notch (depth and length) must be obtaine d \nfrom the EE equipment manufacturer. A certification \nstatement signed by a DWC senior review technologis t \n(SRT) must be available for all EE reference rings at \neach site where retesting is performed. The \ncertification statement must include a standard \nreference drawing for each reference ring. The stan dard \nreference drawing must include the depth of each no tch, \ndiameter and type of DOT 3AL cylinder for which the \nreference ring is used. Continuation of DOT-SP 14149 (20 th Rev.) Page 6 \n September 11, 2015 \n \nd. System Standardization (Calibration) \n \n(1) Ultrasonic Examination (UE) System Standardiza tion. \nPrior to retesting each specific cylinder design an d \ntype, the UE system must be standardized for testin g by \nusing a standard reference. The standard reference must \nbe similar (material of construction, size, wall \nthickness, etc.) to the identified cylinders to be \ntested. Standardization of the UE system must be \nperformed by using a relevant reference cylinder th at is \ndescribed in paragraph 7.c. of this special permit. The \nstandardization of the UE system is as follows: \n \n(i) A reference cylinder with an artificial defect \nmade to represent area corrosion must be placed in \nthe UE system. The UE system must be standardized t o \nindicate rejection for an area equal or greater tha n \nthe machined surface for the cylinder (0.70 in 2). \nWhere the wall thickness is reduced below t m, a \nstraight ultrasound beam must be used to measure th e \nwall thickness of the machined area. \n \n(ii) A reference cylinder with a FBH made to \nrepresent an isolated pit must be placed in the UE \nsystem. The FBH must be detected by a minimum of tw o \nshear wave beams that strike the FBH from opposite \nsides (e.g. the first shear wave direction is from \ntop to bottom of the cylinder and the second \nshear wave direction is from the bottom to top). \nThe UE gain must be increased until the signal from \nFBH is maximized at 80 percent of the screen height . \n \n(iii) A reference cylinder with circumferential \nnotches made to represent line corrosion must be \nplaced in the UE system. Each internal and external \nnotch must be detected by a minimum of one shear \nwave beam. The UE gain must be increased until the \nsignal from each notch is maximized at 80 percent o f \nthe screen height. \n \n(iv) A reference cylinder with longitudinal notche s \nto represent a longitudinal sidewall crack (LSC) \nmust be placed in the UE system. Each internal and \nexternal notch must be detected by a minimum of two \nshear wave beams that strike the LSC from opposite \ndirections (e.g. the first shear wave direction is \nclockwise and second shear wave direction is Continuation of DOT-SP 14149 (20 th Rev.) Page 7 \n September 11, 2015 \ncounterclockwise). The UE gain must be increased \nuntil the signal from the notch is maximized at 80 \npercent of the screen height. \n \n(2) Eddy Current Examination (EE) Equipment \nStandardization - The EE equipment must be standard ized \nfor each type of DOT 3AL cylinder, using the standa rd \nreference ring that includes simulated neck crack \nnotch. The EE system is considered standardized whe n \nthe probe is threaded into the mid-length of \nstandardization ring and the sensitivity adjusted t o \nproduce a spike that crossed the gate (2 screen hig h) \nas it passes over the simulated neck crack notch. \nThe details of the equipment standardization for ea ch \ntype of DOT 3AL cylinder must be obtained from the \nmanufacturer’s instruction manual included as part of \nthis standardization procedure. \n \ne. Test Procedures. \n \n(1) During the test, each cylinder must be examined by \nthe standardized (calibrated) UE system using a rel evant \nset-up that is described in paragraph 7.d. of this \nspecial permit. \n \n(2) For each cylinder tested, all 5 scan passes must \nbe performed as they are described in paragraph 7.d . \n \n(3) A UE system that is set-up to perform a 5 pass \nscan may perform a 3 pass scan if the longitudinal and \ncircumferential (clockwise) angle beam scans do not \ndetect a rejectable flaw. \n \n(4) A copy of the operating test procedure (as \nauthorized in writing by the AAHMS) for performing UE, EE \nand enhanced visual inspection of cylinder necks un der \nthe terms of this special permit must be at each fa cility \nperforming ultrasonic examination. At a minimum, th is \nprocedure must include: \n \n(i) A description of the test set-up; test \nparameters; transducer model number, frequency, and \nsize; transducer assembly used; system \nstandardization procedures and threshold gain used \nduring the test; and other pertinent information. Continuation of DOT-SP 14149 (20 th Rev.) Page 8 \n September 11, 2015 \n \n(ii) Requirement for the equipment standardization \nto be performed at the end of the test interval \n(cal-out), after 200 cylinders or four hours, which \never occurs first. This cal-out can be considered \nthe cal-in for the next interval during continuous \noperation. Cylinders examined during the interval \nbetween cal-in and cal-out must be quarantined unti l \nan acceptable cal-out has been performed. An \nacceptable cal-out occurs when the calibration \ncylinder is examined and all required features are \nrevealed without changing examination settings. If \nan acceptable cal-out does not occur, if any \nequipment that affects the UE results are replaced \nor altered (such as a search unit or coaxial cable \netc.) or when a loss of power occurs, all cylinders \nexamined since the last successful calibration must \nbe re-examined. Additionally, standardization of \ntest equipment shall be performed when any of the \nfollowing occurs: the beginning of each work shift; \nwhen the cylinder under test has dimensions that \nexceed the allowable ranges of the reference \ncylinder; when there is a change of operator(s); if \nany equipment that affects the UE results are \nreplaced or altered (such as a search unit or \ncoaxial cable etc.) or when a loss of power occurs; \nand at the end of each work shift. \n \n (5) A written copy of the most recent approved o perating \n test procedures must be provided to a DOT represe ntative \n when requested. Any change to the written procedu res or \n in UE or EE equipment (software or hardware), oth er than \n as supplied by the original equipment manufacture r, must \n be submitted to and approved by AAHMS prior to \n implementation. \n \n(6) The equipment may not allow testing of a cylin der \nunless the system has been properly standardized \n(calibrated). \n \n(7) The rotational speed of a reference cylinder m ust be \nsuch that all simulated defects are adequately dete cted, \nmeasured and recorded. \n \n(8) The rotational speed of the cylinder under UE must \nnot exceed the rotational speed used during the \nstandardization. \n Continuation of DOT-SP 14149 (20 th Rev.) Page 9 \n September 11, 2015 \n(9) The pulse rate must be adjusted to ensure a mi nimum \nof 10% over-lapped for each helix. \n \n(10) The area of ultrasonic examination (UE) covera ge \nmust be 100% of the cylindrical section. The covera ge \nmust extend at least three inches into the sidewall -to-\nbase transition taper. \n \n(11) The area of eddy current and enhanced visual \nexamination coverage must be 100% of the threaded n eck of \nthe cylinder. \n \n(12) The external surface of the cylinder to be ex amined \nmust be free of loose material such as scale and di rt. \n \nf. Acceptance/Rejection Criteria \n \n(1) UE Acceptance/Rejection Criteria. A cylinder must \nbe rejected based on any of the following: \n \n(i) The wall thickness is less than the design \nminimum wall thickness for the area described in \nthe standardization section herein, paragraph 7.d. \n \n(ii) If any of the flaws such as the isolated \npit, circumferential line corrosion or \nlongitudinal sidewall crack (LSC) which meet the \nrejection criteria and produce a signal with an \namplitude which crosses the reference threshold \nset in the standardization section (paragraph \n7.d.). \n \n(2) EE and Enhanced Visual Examination \nAcceptance/Rejection Criteria of the Neck Crack \n(Sustain Load Crack). \n \n(i) EE Reject Criteria - One-quarter screen \nheight indications on two consecutive revolutions \nof the probe at approximately the same bore \nlocation are cause for visual follow up inspection \nfor final disposition. \n \n(ii) Enhanced Visual Examination/Verification -\nEnhanced visual inspection shall be performed \nbefore and after eddy current examination or when \nrequired by eddy current examination. The \ninspection is performed with the use of \nsupplemental tools, which typically include an Continuation of DOT-SP 14149 (20 th Rev.) Page 10 \n September 11, 2015 \ninspection light and mirror. The light is a high \nintensity type and the mirror a 2-inch diameter 2X \ndental mirror. \n \n(A) Visual Examination Reject Criteria \n \n(1) Neck Cracks: Cylinders with neck \ncracks must be condemned. Repair of neck \ncracks is not allowed. \n \n(2) Folds: Condemn all cylinders with \nfolds that enter into more than one \ncontinuous full neck thread. \n \n(3) Valleys: Cylinders with one or \nmore valleys are acceptable for use, \nprovided the valley(s) does not enter \ninto the minimum number of required \nthreads. Seven full threads for tapered \nthreads and six full threads for \nstraight threads. \n \n(4) Threads: Cylinders must be \ncondemned if seven continuous full \nthreads for tapered threads or six \ncontinuous full threads for straight \nthreads are not present. A thread shall \nbe considered full if its root and crest \ndisplay no significant visual difference \nto that of the uppermost cylinder \nthread. Threads that do not meet this \ncriteria are considered to be incomplete \nor a partial thread. \n \n(5) Tool Stop Mark: A neck with a tool \nstop mark is to be distinguished from a \ncrack. Cylinders with tool stop marks \nare acceptable for use. \n \ng. Rejected cylinders: When a cylinder is rejected , the \nretester must stamp a series of X’s over the DOT sp ecification \nnumber and marked service pressure, or stamp “CONDE MNED” on \nthe shoulder, top head, or neck using a steel stamp , and must \nnotify the cylinder owner, in writing, that the cyl inder is \nrejected and may not be filled with hazardous mater ial for \ntransportation in commerce. Continuation of DOT-SP 14149 (20 th Rev.) Page 11 \n September 11, 2015 \n \n(1) Alternatively, at the direction of the owner, the \nretester may render the cylinder incapable of holdi ng \npressure. \n \n(2) If a condemned cylinder contains hazardous mat erials \nand the testing facility does not have the capabili ty of \nsafely removing the hazardous material, the reteste r must \nstamp the cylinder “CONDEMNED” and affix conspicuou s \nlabels on the cylinder(s) stating: “UE REJECTED DOT -SP \n14149. RETURNING TO ORIGIN FOR PROPER DISPOSITION”. The \nretester may only offer the condemned cylinders for \ntransportation by a motor vehicle operated by a pri vate \ncarrier to a facility, identified to, and acknowled ged in \nwriting with OHMSAPD that is capable of safely remo ving \nthe hazardous material. A current copy of this spec ial \npermit must accompany each shipment of condemned \ncylinders transported for the disposal of hazardous \nmaterial. \n \nh. Marking. Each cylinder passing requalification under the \nprovisions of this special permit must be marked as prescribed \nin accordance with § 180.213. In addition, each cyl inder must \nbe marked UE, in characters not less than 1/4\" high for a \ncylinder with a diameter equal to or greater than 4 inches and \n1/8\" high for a cylinder with a diameter less than 4 inches. \nDOT 3AL cylinders that were manufactured from AA 63 51 and \nexamined by eddy current examination must be marked with UE/EE \nin characters described herein. The UE/EE may be re placed by \nUEEE for cylinders with a diameter less than 4 inch es. The \nmarking must be at a location close to the retester 's marking. \n \ni. UE Report. A report must be generated for each cyl inder \nthat is examined. The SRT must prepare and submit t he reports \nrequired below and annually certify that the UE pro gram is \nbeing operated in accordance with the requirements of this \nspecial permit. The UE, EE and visual inspection re port must \ninclude the following: \n \n(1) UE and EE equipment, model and serial number \n(2) Transducer specification, size, frequency and \nmanufacturer \n(3) Specification of each standard reference used t o \nperform UE and EE. UE standard reference must be \nidentified by serial number or other stamped \nidentification marking. \n(4) Cylinder serial number and type \n(5) UE technician’s name and certification level Continuation of DOT-SP 14149 (20 th Rev.) Page 12 \n September 11, 2015 \n(6) Examination Date \n(7) Location and type of each defect on the cylind er \n(e.g. longitudinal line corrosion 5 inches from \nbase) \n(8) Dimensions (area, depth and remaining wall \nthickness) and brief description of each defect \n(9) Acceptance/rejection results \n (10) The reports must be on file at each test faci lity, \n and copies provided to a DOT official when \n requested. \n \nj. Personnel Qualification: Each person who perfor ms \nretesting, and evaluates and certifies retest resul ts must \nmeet the following qualification requirements: \n \n (1) Project Manager/Director of Product Tech nology - \nis the senior manager of DWC responsible for \ncompliance with DOT regulations including this \nspecial permit. Additionally, the project manager \nmust ensure that each operator and senior review \ntechnologist maintains the required certifications \ndescribed herein. \n \n(2) The personnel responsible for performing cylind er \n retesting under this special permit must be \n qualified to an appropriate Ultrasonic Testing \n Certification Level (Level I, II or III) in \n accordance with the American Society for \n Nondestructive Testing (ASNT) Recommended Practice \n SNT-TC-1A depending upon the assigned \n responsibility as described below: \n \n(i) System startup and calibration must be \nperformed by a Level II operator. A Level II \noperator may review and certify test results. \nHowever, written procedures for \naccepting/rejecting a cylinder must be provided by \nthe senior review technologist. Based upon written \ncriteria, the Level II Operator may authorize \ncylinders that pass the retest to be marked in \naccordance with paragraph 7.h. of this special \npermit. A person with Level I certification may \nperform a system startup, check calibration, and \nperform ultrasonic testing under the direct \nguidance and supervision of a Senior Review \nTechnologist or a Level II Operator, either of \nwhom must be physically present at the test site \nso as to be able to observe testing conducted Continuation of DOT-SP 14149 (20 th Rev.) Page 13 \n September 11, 2015 \nunder this special permit. \n \n(ii) Senior Review Technologist (SRT) - is a \nperson who provides written UE procedure, \nsupervisory training, examinations (Level I and \nII) and technical guidance to operators, and \nreviews and verifies the retest results. A SRT \nmust have a thorough understanding of the DOT \nRegulations (49 CFR) pertaining to the \nrequalification and reuse of DOT cylinders that \nare authorized under both this special permit and \nASNT Recommended Practice SNT-TC-1A and must \npossess either: \n \nA. A Level III certification from ASNT in \nUltrasonic Testing; or, \n \nB. A Professional Engineer (PE) License \nwith a documented experience for a minimum \nof 2 years experience in Non-Destructive \nEvaluation (NDE) of pressure vessels or \npipelines using the ultrasonic examination \ntechnique; or, \n \nC. A PhD degree in a discipline \nof Engineering/Physics with documented \nevidence of experience in Non-Destructive \nEvaluation (NDE) of pressure vessels or \npipelines using the ultrasonic examination \ntechnique or research/thesis work \nand authoring/co-authoring of technical \npapers published, in recognized technical \njournals, in the fields of ultrasonic \ntesting methods. \n \nD. The SRT must prepare and submit the \nreports required in paragraphs 7.i. and \nannually verify that the UE program is \nbeing operated in accordance with the \nrequirements of this special permit. \n \nThe most recent copies of certification (e.g. ASNT Level \nIII, P.E.) must be available for inspection at each \nrequalification facility. Continuation of DOT-SP 14149 (20 th Rev.) Page 14 \n September 11, 2015 \n \nk. OPERATIONAL CONTROLS. \n \n(1) No person may perform inspection and testing of \ncylinders subject to this special permit unless: \n \n(i) That person is an employee or agent of DWC and \nhas a current copy of this special permit at the \nlocation of such inspection and testing; and \n \n(ii) That person complies with all the terms and \nconditions of this special permit; and \n \n(iii) That person is listed on Attachment 1 of \nthis special permit. \n \n(2) The marking of the retester's symbol on the \ncylinders certifies compliance with all of the term s and \nconditions of this special permit and the HMR. \n \n(3) Each facility approved by OHMSPA to test cylin ders \nunder the terms of this special permit must have a \nresident operator with at least an ASNT Level II \nCertification in UT. \n \n(4) The UE and EE equipment and operating procedure s \nidentified in this special permit are only authoriz ed for \nuse when the approved SRT is available (or alternat ively \navailable by telephone or other electronic means) a t each \nfacility operating under the special permit. \n \n(5) Notwithstanding the requirements of a RIN Appr oval \nfor notification of address and personnel changes, any \nchange in Project manager or SRT, with appropriate \ndocumentation (i.e. ANST certification), must be \nsubmitted to and acknowledged in writing by OHMSPA \nimmediately. \n \n8. SPECIAL PROVISIONS: \n \na. The ultrasonic examination (UE) data, results, and \nadditional technical information deemed pertinent i n \nsuccessful application of the UE must be recorded and kept \nat each facility for a minimum of 5 years after com pletion \nof UE. For any rejected cylinder, the defect causin g the \nrejection must be fully characterized and profiled. That is, \nthe specific type of defect should be identified (i .e. \nisolated pits, line corrosion or SBT crack) and the specific Continuation of DOT-SP 14149 (20 th Rev.) Page 15 \n September 11, 2015 \nsize of the defect should be determined (i.e. lengt h, depth, \nwidth, diameter, area, etc.). The record includes c ylinder \ntype, size, minimum design wall thickness, age, etc . of the \nrejected cylinder. \n \nb. Shippers (offerors) may use the cylinders speci fied and \ntested in accordance with the provisions of this sp ecial \npermit for the transportation in commerce of those hazardous \nmaterials specified herein, provided no modificatio ns or \nchanges are made to the cylinders. All terms of thi s special \npermit and other applicable requirements contained in 49 CFR \nParts 100-185 must be met. \n \nc. Transportation of Division 2.1 (flammable gases) and \nDivision 2.3 (gases which are poisonous by inhalati on) are not \nauthorized aboard cargo vessel or aircraft unless s pecifically \nauthorized in the Hazardous Materials Table (§ 172. 101). \n \nd. Transportation of oxygen is only authorized by a ircraft \nwhen in accordance with § 175.501. \n \ne. Upon approval of this special permit Digital Wav e may \ncontinue to requalify cylinders as described herein . However, \nPHMSA will visit the Digital Wave facility at which time \nDigital Wave must demonstrate that the system perfo rms as \nstated in the application. \n \n9. MODES OF TRANSPORTATION AUTHORIZED: Motor vehic le, rail \nfreight, cargo vessel, cargo aircraft only and pass enger-\ncarrying aircraft, as currently authorized by the r egulations \nfor the hazardous materials being transported. \n \n10. MODAL REQUIREMENTS: None, other than as requir ed by the HMR. \n \n11. COMPLIANCE: Failure by a person to comply with any of the \nfollowing may result in suspension or revocation of this \nspecial permit and penalties prescribed by the Fede ral \nhazardous materials transportation law, 49 U.S.C. 5 101 et \nseq: \n \no All terms and conditions prescribed in this speci al \npermit and the Hazardous Materials Regulations, 49 CFR \nParts 171-180. \n \no Persons operating under the terms of this special \npermit must comply with the security plan requireme nt \nin Subpart I of Part 172 of the HMR, when applicabl e. \n Continuation of DOT-SP 14149 (20 th Rev.) Page 16 \n September 11, 2015 \no Registration required by § 107.601 et seq., whe n \napplicable. \n \nEach \"Hazmat employee\", as defined in § 171.8, who performs \na function subject to this special permit must rece ive \ntraining on the requirements and conditions of this special \npermit in addition to the training required by §§ 1 72.700 \nthrough 172.704. \n \nNo person may use or apply this special permit, inc luding \ndisplay of its number, when this special permit has expired \nor is otherwise no longer in effect. \n \nUnder Title VII of the Safe, Accountable, Flexible, \nEfficient Transportation Equity Act: A Legacy for U sers \n(SAFETEA-LU)—“The Hazardous Materials Safety and Se curity \nReauthorization Act of 2005” (Pub. L. 109-59), 119 Stat. \n1144 (August 10, 2005), amended the Federal hazardo us \nmaterials transportation law by changing the term \n“exemption” to “special permit” and authorizes a sp ecial \npermit to be granted up to two years for new specia l permits \nand up to four years for renewals. \n \n12. REPORTING REQUIREMENTS: Shipments or operation s conducted \nunder this special permit are subject to the Hazard ous \nMaterials Incident Reporting requirements specified in 49 \nCFR §§ 171.15 Immediate notice of certain hazardous \nmaterials incidents, and 171.16 Detailed hazardous materials \nincident reports. In addition, the grantee(s) of th is \nspecial permit must notify the Associate Administra tor for \nHazardous Materials Safety, in writing, of any inci dent \ninvolving a package, shipment or operation conducte d under \nterms of this special permit. \n \nIssued in Washington, D.C.: \n \nfor Dr. Magdy El-Sibaie \nAssociate Administrator for Hazardous Materials Saf ety \n \nAddress all inquiries to: Associate Administrator for Hazardous \nMaterials Safety, Pipeline and Hazardous Materials Safety \nAdministration, Department of Transportation, Washi ngton, D.C. \n20590. Attention: PHH-31. Continuation of DOT-SP 14149 (20 th Rev.) Page 17 \n September 11, 2015 \n \nCopies of this special permit may be obtained by ac cessing the \nHazardous Materials Safety Homepage at \nhttp://hazmat.dot.gov/sp_app/special_permits/spec_p erm_index.htm \nPhoto reproductions and legible reductions of this special permit \nare permitted. Any alteration of this special permi t is prohibited. \n \nPO: Toughiry/SG Continuation of DOT-SP 14149 (20 th Rev.) Page 18 \n September 11, 2015 \nAttachment 1 \n \nOnly the following locations have been authorized b y OHMSPA to \nperform requalification functions described in this special \npermit. Each authorization is valid only when the associated RIN \napproval and this special permit remain current. A s acknowledged \nby the list of names and locations below, the grant ee of this \nspecial permit must notify OHMSPA of any change in approval \nstatus, company name, address, or new test facility additions \nwithin 20 days of that change. \n \n \n \nG691 - Gateway \n200 Plaza St. \nHighland IL 62249 \n \nB793 - Praxair Disbribution Mid-Atlantic \n LLC dba GTS Welco \nOne Steel Road East \nMorrisville, PA 19067 \n \nH854---Kansan Co., Ltd. \n3156 Kuragano \nTakasaki Gumma 370-1201 \nJapan \n \nI069 – Cryogenic Solutions, LLC. \n1936 S. Lynhurst Drive, Suite P \nIndianapolis, IN 46241 \n \nI095 – ACS UE Testing LLC \n1660 Highway 301 South \nDunn, NC 28334 \n \nI115 – Shesam, Inc. DBA Wilson Supply \n15401 McMullen Highway \nCumberland, MD 21502 \n \nC419 – Norco, Inc. \n898 W. Gowen Rd. \nBoise, ID 83705 \n \nD491 – Sky Cylinder Testing, Inc \n2220 Lexington Road \nEvansville, IN \n \n \nB921 – Fire King of Seattle, Inc. \n240 S. Holden Street \nSeattle, WA 98108 \n \nH848 – Cylinder Sally, Inc. \n1920 De La Cruz Boulevard \nSanta Clara, CA 95050 \n \nA103 – Praxair Distribution, Inc. \n2771 S. Maple Avenue \nFresno, CA 93275 \n I011 – Praxair, Canada, Inc. \n41 Consolidated Drive \nParis, ON N3L 3G2 \n \nI129 – Airweld, Inc. \n94 Marine Street \nFarmingdale, NY 11735 \n \nH569 – ACS UE Testing LLC \n1680 Tide Court, Suite B \nWoodland, CA 95776 \n \nH447 – ACS UE Testing LLC \n460 Horizon Drive, Suite 200 \nSuwanee, GA 30024 \n \nH614 – ACS UE Testing LLC \n1080 Mount Vernon, Suite 103 \nRiverside, CA 91507 \n \nH547 – ACS UE Testing LLC \n16 Creek Parkway \nBoothwyn, PA 19061 \n \nH859 – ACS UE Testing LLC \n15320 W. 101 st Terrace \nLenexa, KS 66215 \n \nH906 – ACS UE Testing LLC \n7353 Company Drive \nIndianapolis, IN 46237 \n \nH833 – DeLLILE Oxygen Company \n772 Marion Road \nColumbus, OH 43207 \n \nB804 – OXARC, Inc. \n716 South Oregon Avenue \nPasco, WA 99301 \n \nI140 – Central Welding \n13326 38 th Avenue N.E. \nMarysville, WA 98271 \n \nB888 - Praxair P.R.B.V \nP.O. Box 307, Int. Routes 189 and 931 \nBo. Navaro Gurabo, P.R. 07788 U.S. Continuation of DOT-SP 14149 (20 th Rev.) Page 19 \n September 11, 2015 \nI253 - Praxair Distribution, Inc. \n59624 Linden Rd. \nSouth Bend, IN 46614 \n \nI171 – Praxair Indianapolis, Inc \n1400 Polco Street \nIndianapolis, IN 46222 \n \nB363 – West Air gases \n2300 Haffley Ave. \nNational City, CA 91950 \n \nC036 – Purity Cylinder Gases \n2940 Clydon St. SW \nWyoming, MI 49519-2106 \n \nI146 – Hydrostat Inc. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n330 1 st Ave. SE \nRice, MN 56367 \n \nI152 – Community Surgical Supply \n1520 Rt. 37 W, Ste. 5 \nToms River, NJ 08755 \n \nD061 – Sky Cylinder Testing South \n871 Wheeler St. NW \nAtlanta, GA 77066 \n \nI304 – Coastal Welding Supply \n2155 Interstate 10 East \nBeaumont, TX 77701 \n \nI172 – Argyle Welding Supply \n550 N. Telshor Blvd. \nLas Cruces, NM 88011 \n \nI315 – ACS UE Testing LLC \n1201 Douglas Ave. \nKansas City, KS 66103 \n \nI384 – ACS UE Testing LLC \n3147 Progress Circle \nMira Loma, CA 91752 \n \nI364 – Praxair Houston \n10205 Sweetwater Lane \nHouston, TX 77037 \n \nG510 – Gas Innovations \n18005 E. Hwy 225 \nLaPorte, TX 77571 \n \nG676 – ACS UE Testing LLC \n7910 Shaffer Pkwy \nLittleton, CO 80127 \n \nB492 – General Distributing Company \n430 17 th Ave. N.E. \nP.O. Box 2606 \nGreat Falls, MT 59404 \n \nI539 – A-OX Welding Supply Company, Inc. \nP.O. Box Drawer 86667 \nSioux Falls, SD 57118-6667 " }

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{ "pdf_file": "MF5MYOAVK5OITJHUQOPJRIP3ESMUEHLV.pdf", "text": "Flu Vaccine Crisis\n{loadposition related} \n 1 / 1" }

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{ "pdf_file": "SZDKLCZIHUA5UQPEEMK4US67FDHO4SZD.pdf", "text": " PAGE 121 1995 PROFILE FOR IRON COUNTY First of four pages\n ---------- POPULATION ESTIMATES ----------------------- CENSUS DATA ------------------------ LOCAL PUBLIC HEALTH -----------\n | | | |\n | | | Per |\n | Total 1995 Population Est 6,300 | | Activities Reported Number 10,000 |\n | Percent Female 50.3 | Note: Data in this section are from | |\n | | the 1990 Census. (All other | Public Health Nursing |\n | Population per square mile 8 | sections contain 1995 data | Total clients 40 64 |\n | Rank in state 72 | except where specified.) | Total visits 151 240 |\n | ( 1=highest population density, | | Visits: Reason for |\n | 72=lowest population density.) | Ratio of 1989 Family | Gen hlth promotion 45 72 |\n | | Income to Poverty | Infant/child hlth 6 10 |\n | | (Cumulative) | Infectious & parasitic . . |\n | Age Female Male Total | | Circulatory . . |\n | 0- 14 520 520 1,040 | Age <100% <185% <200% Total | Prenatal . . |\n | 15- 19 200 230 416 | <5 17 43 47 307 | Postpartum . . |\n | 20- 24 140 170 310 | 5-17 15 45 51 984 | |\n | 25- 29 120 130 250 | 18-44 13 37 43 1,947 | WIC Participants 301 478 |\n | 30- 34 190 200 390 | 45-64 10 31 36 1,380 | |\n | 35- 39 230 250 480 | 65+ 14 55 60 1,403 | Clinic Visits 5,364 8,536 |\n | 40- 44 200 260 460 | | Immunization 1,254 1,996 |\n | 45- 54 390 380 770 | | Blood pressure 321 511 |\n | 55- 64 360 350 710 | | |\n | 65- 74 410 350 760 | | Environmental Contacts |\n | 75- 84 300 240 540 |--- C A N C E R I N C I D E N C E ---| Env hazards 14 22 |\n | 85+ 110 50 160 | (1995) | Public health nuisance 5 8 |\n | Total 3,170 3,130 6,300 | | |\n | | Primary site Number | School Health |\n | | Colon 2 | Vision screenings 379 603 |\n | Age Female Male Total | Lung 8 | Hearing screenings 157 250 |\n | 0- 17 630 660 1,290 | Breast 8 | |\n | 18- 44 970 1,100 2,070 | Prostate 6 | Health Education |\n | 45- 64 750 730 1,480 | All others 18 | Community sessions 4 6 |\n | 65+ 820 640 1,460 | Total 42 | Community attendance 80 127 |\n | Total 3,170 3,130 6,300 | | School sessions 5 8 |\n | | | School attendance 147 234 |\n | | | |\n |---------- E M P L O Y M E N T ---------|----- L O N G T E R M C A R E ----| Staffing - FTEs |\n | | | Total staff 4 6.7 |\n | Note: Average wage is based on place | | Administrators 1 1.6 |\n | of work, not place of residence. | Home Health Agencies 1 | Public health nurses . . |\n | | Patients 384 | Public health aides . . |\n | Average wage for jobs covered | Patients per 10,000 pop 610 | Environmental specialists . . |\n | by Unemployment Compensation $14,793 | | |\n | | Nursing Homes 2 | |\n | Labor Force Estimates Annual Average | Licensed beds 106 | LOCAL PUBLIC HEALTH FUNDING |\n | Civilian labor force 3,131 | Occupancy rate (percent) 97.3% | Per |\n | Number employed 2,905 | Residents on 12/31/95 106 | Amount Capita |\n | Number unemployed 226 | Residents per 1,000 | Total funding $175,892 $27.99 |\n | Unemployment rate 7.2% | population aged 65 or older 69 | Local taxes $79,671 $12.68 |\n | | | |\n ---------------------------------------------------------------------------------------------------------------------------- PAGE 122 1995 PROFILE FOR IRON COUNTY Second of four pages\n ----------------------------------------------------- N A T A L I T Y ------------------------------------------------------\n | |\n | TOTAL LIVE BIRTHS 63 Birth Order Births Percent Marital Status |\n | First 27 43 of Mother Births Percent |\n | Crude Live Birth Rate 10.0 Second 16 . Married 50 79 |\n | General Fertility Rate 58.8 Third 7 . Not married 13 . |\n | Fourth or higher 11 . Unknown 0 . |\n | Live births with reported Unknown 2 . |\n | congenital anomalies 2 . % Education |\n | First Prenatal of Mother Births Percent |\n | Delivery Type Births Percent Visit Births Percent Elementary or less 1 . |\n | Vaginal after 1st trimester 52 83 Some high school 3 . |\n | previous cesarean 1 . 2nd trimester 8 . High school 31 49 |\n | Forceps 1 . 3rd trimester 2 . Some college 21 33 |\n | Other vaginal 38 60 No visits 1 . College graduate 7 . |\n | Primary cesarean 15 . Unknown 0 . Unknown 0 . |\n | Repeat cesarean 8 . |\n | Other or unknown 0 . Number of Prenatal Smoking Status |\n | Care visits Births Percent of Mother Births Percent |\n | Birth Weight Births Percent No visits 1 . Smoker 10 . |\n | <1,500 gm 1 . 1- 4 visits 0 . Nonsmoker 50 79 |\n | 1,500-2,499 gm 8 . 5- 9 visits 12 . Unknown 3 . |\n | 2,500+ gm 54 85.7 10-12 visits 19 . |\n | Unknown 0 . 13 + visits 31 49 |\n | Unknown 0 . |\n | |\n | |\n | Low Birth Weight Trimester of First Prenatal Visit |\n | Total Births (under 2,500 gm ) 1st Trimester 2nd Trimester Other/Unknown |\n | Race of Mother Births Percent Births Percent Births Percent Births Percent Births Percent |\n | White 59 94 9 . 49 83 7 . 3 . |\n | Black 0 . . . . . . . . . |\n | Other 4 . . . . . . . . . |\n | Unknown 0 . . . . . . . . . |\n | |\n | Low Birth Weight Trimester of First Prenatal Visit |\n | Fertility (under 2,500 gm ) 1st Trimester 2nd Trimester Other/Unknown |\n | Age of Mother Births Rate Births Percent Births Percent Births Percent Births Percent |\n | < 15 0 -- . . . . . . . . |\n | 15- 17 0 . . . . . . . . . |\n | 18- 19 2 . . . 1 . 1 . . . |\n | 20- 24 25 181 5 . 20 80 3 . 2 . |\n | 25- 29 10 . 2 . 10 . . . . . |\n | 30- 34 19 . 2 . 16 . 3 . . . |\n | 35- 39 6 . . . 5 . . . 1 . |\n | 40 + 1 . . . . . 1 . . . |\n | Unknown 0 -- . . . . . . . . |\n | |\n | Teenage Births 2 . |\n | |\n ---------------------------------------------------------------------------------------------------------------------------- PAGE 123 1995 PROFILE FOR IRON COUNTY Third of four pages\n ------------ M O R B I D I T Y ------------------------------------------- M O R T A L I T Y -------------------------------\n | | |\n | | Note: Death rates (except infant) are per 100,000 population. Infant, |\n | | neonatal, and post-neonatal death rates are per 1,000 live births. |\n | REPORTED CASES OF SELECTED DISEASES | Perinatal and fetal death rates are per 1,000 live births plus |\n | | fetal deaths. |\n | | |\n | Disease Number | TOTAL DEATHS 87 | Selected |\n | Campylobacter Enteritis 0 | Crude Death Rate 1,381 | Underlying Cause Deaths Rate |\n | Giardiasis 0 | | Heart Disease (total) 30 476 |\n | Hepatitis Type A <5 | | Coronary heart disease 21 333 |\n | Hepatitis Type B* <5 | Age Deaths Rate | Cancer (total) 26 413 |\n | Hepatitis NANB/C* * 0 | 1-4 . . | Lung 6 . |\n | Legionnaire's 0 | 5-14 . . | Colorectal 2 . |\n | Lyme <5 | 15-19 1 . | Female breast 2 .* |\n | Measles 0 | 20-34 2 . | Cerebrovascular Disease 7 . |\n | Meningitis, Aseptic 0 | 35-54 6 . | Chron Obstr Pulmonary 6 . |\n | Meningitis, Bacterial <5 | 55-64 10 . | Pneumonia & Influenza 3 . |\n | Mumps 0 | 65-74 20 2,637 | Injuries 3 . |\n | Pertussis 0 | 75-84 30 5,582 | Motor vehicle 2 . |\n | Salmonellosis <5 | 85+ 18 . | Diabetes . . |\n | Shigellosis 0 | | Infectious & Parasitic . . |\n | Tuberculosis 0 | | Suicide 2 . |\n | | Infant | |\n | * Includes HBV carriers | Mortality Deaths Rate | * Rate for female breast cancer based |\n | ** Includes HCV screens | Total Infant . . | on female population. |\n | | Neonatal . . | |\n | Sexually Transmitted Disease | Post-neonatal . . | ALCOHOL AND DRUG ABUSE AS UNDERLYING |\n | | Unknown . . | OR CONTRIBUTING CAUSE OF DEATH |\n | Chlamydia Trachomatis <5 | | |\n | Genital Herpes 0 | Race of Mother | Alcohol 1 . |\n | Gonorrhea <5 | White . . | Other Drugs 1 . |\n | Nongonococcal Cervicitis 0 | Black . . | Both Mentioned . . |\n | Nongonococcal Urethritis 0 | Other . . | |\n | Syphilis 0 | Unknown . . |-------- - MOTOR VEHICLE CRASHES --------|\n | | | |\n | | Birth Weight | Note: These data are based on location |\n | | <1,500 gm . . | of crash, not on residence. |\n | | 1,500-2,499 gm . . | |\n |------ I M M U N I Z A T I O N S ------- | 2,500+ gm . . | Type of Motor Persons Persons |\n | | Unknown . . | Vehicle Crash Injured Killed |\n | | | Total Crashes 54 3 |\n | Children in Grades K-12 by | | Alcohol-Related 5 1 |\n | Compliance Level | Perinatal | With Citation: |\n | | Mortality Deaths Rate | For OWI 5 1 |\n | Compliant 1,059 | Total Perinatal . . | For Speeding 2 0 |\n | Non- compliant 15 | Neonatal . . | Motorcyclist 3 0 |\n | Percent Compliant 98.6 | Fetal . . | Bicyclist 1 0 |\n | | | Pedestrian 1 0 |\n | | | |\n ---------------------------------------------------------------------------------------------------------------------------- PAGE 124 1995 PROFILE FOR IRON COUNTY Fourth of four pages\n --------------------------------------------- H O S P I T A L I Z A T I O N S ----------------------------------------------\n | |\n | Per Average Charge | Per Average Charge |\n | DISEASE / 1,000 Stay Average Per | DISEASE / 1,000 Stay Average Per |\n | AGE GROUP Number Pop (Days) Charge Capita | AGE GROUP Number Pop (Days) Charge Capita |\n | | |\n | Injury-Related: All | Alcohol-Related |\n | Total 47 7.5 4.5 $9,970 $75 | Total 34 5.4 8.4 $4,023 $22 |\n | < 18 5 . . . . | 18- 44 22 10.7 10.0 $4,248 $45 |\n | 18- 44 11 . . . . | 45- 64 7 . . . . |\n | 45- 64 8 . . . . | |\n | 65 + 23 15.8 5.5 $10,414 $165 | Pneumonia and Influenza |\n | Injury: Hip Fracture | Total 17 . . . . |\n | Total 5 . . . . | < 18 3 . . . . |\n | 65 + 5 . . . . | 45- 64 2 . . . . |\n | Injury: Poisonings | 65+ 12 . . . . |\n | Total 3 . . . . | |\n | 18- 44 1 . . . . | Cerebrovascular Disease |\n | | Total 8 . . . . |\n | Psychiatric | 45-64 3 . . . . |\n | Total 32 5.1 11.6 $7,254 $37 | 65+ 5 . . . . |\n | < 18 2 . . . . | |\n | 18- 44 18 . . . . | Chronic Obstructive Pulmonary Disease |\n | 45- 64 4 . . . . | Total 10 . . . . |\n | 65 + 8 . . . . | < 18 1 . . . . |\n | | 18-44 0 . . . . |\n | Coronary Heart Disease | 45-64 6 . . . . |\n | Total 48 7.6 3.3 $10,941 $84 | 65+ 3 . . . . |\n | 45- 64 16 . . . . | |\n | 65 + 28 19.2 3.7 $11,486 $221 | Drug-Related |\n | | Total 5 . . . . |\n | Malignant Neoplasms (Cancers): All | 18-44 3 . . . . |\n | Total 25 4.0 4.7 $9,130 $36 | |\n | 18- 44 2 . . . . | Total Hospitalizations |\n | 45- 64 6 . . . . | Total 531 84.5 4.8 $6,859 $580 |\n | 65 + 17 . . . . | < 18 74 57.3 3.1 $3,174 $182 |\n | Neoplasms: Female Breast (rates for female population) | 18-44 130 63.0 4.5 $4,413 $278 |\n | Total 3 . . . . | 45- 64 95 64.4 5.0 $8,923 $574 |\n | Neoplasms: Colo-rectal | 65+ 232 159.4 5.6 $8,560 $1,364 |\n | Total 1 . . . . | |\n | 65 + 1 . . . . |--- P R E V E N T A B L E H O S P I T A L I Z A T I O N S * --|\n | Neoplasms: Lung | Total 81 12.9 5.2 $6,014 $78 |\n | Total 2 . . . . | < 18 7 5.4 1.1 $925 $5 |\n | | 18-44 8 3.9 3.0 $3,053 $12 |\n | Diabetes | 45-64 14 9.5 5.3 $9,739 $92 |\n | Total 6 . . . . | 65 + 52 35.7 6.1 $6,153 $220 |\n | 65 + 2 . . . . | |\n | | * Hospitalizations for conditions where timely and |\n | | effective ambulatory care can reduce the likelihood of |\n | | hospitalization. |\n ----------------------------------------------------------------------------------------------------------------------------" }

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{ "pdf_file": "S7IWO47XLGTHHIZJJ5GYT5I4BGLPVL32.pdf", "text": "S E M I N A R S C H E D U L E\nFALL 2010, SPRING 2011 \nAND FALL 2011 SEMESTERS\nSEPTEMBER 2010 \nTHROUGH NOVEMBER 2011CALIFORNIA \nDEBT AND INVESTMENT \nADVISORY COMMISSION UPCOMING SEMINARS\nRegistration through CDIAC\nCLASS DATE NORTHERN SOUTHERN\nDISCLOSURE SEMINAR\nDisclosure in Municipal \nSecuritiesOctober 8, 2010 Long Beach \nDisclosure in Municipal SecuritiesSeptember 23, 2011 San Francisco\nGENERAL DEBT SERIES\nDebt 1: Fundamentals of Debt FinancingSeptember 23-24, 2010 Anaheim \nDebt 2: From Indenture Documents to SaleFebruary 3-4, 2011 Oakland\nDebt 3: On-Going Debt AdministrationApril 8, 2011 Pomona\nDebt 1: Fundamentals of Debt FinancingOctober 12–13, 2011 Long Beach\nSPECIALIZED DEBT SEMINARS\nLand-Secured Financing: \nMello-Roos District and Assessment District FinancingMarch 18, 2011 Berkeley \nIn the Know about \nSchool Debt FinancingApril 29, 2011 Pomona \nINVESTMENT SEMINAR\nInvestment 1: Interim Financing and Investment BasicsOctober 21-22, 2010 Concord \nInvestment 2: Advanced InvestingNovember 2, 2011 San Diego\nRegistration through The Bond Buyer website\nCLASS DATE NORTHERN SOUTHERN\nCalifornia Public Finance Pre-ConferenceOctober 6, 2010 San Francisco REGISTERING \nFOR CDIAC SEMINARS\nCDIAC runs classes in Spring and Fall \nsemesters. Those interested in attend -\ning a class must register in advance with commission staff.\nRegistration for CDIAC seminars can be \ndone by credit card or check. \nThe commission also partners with other \npublic and private organizations, includ -\ning Source Media, the publisher of \nThe \nBond Buyer . Again this year, the commis -\nsion will partner with The Bond Buyer to \nconduct a pre-conference event at the \nnewspaper’s California Public Finance \nconference in San Francisco. Registra -\ntion for the pre-conference is through \nThe Bond Buyer .\nAttendance at a CDIAC seminar may qual -\nify for continuing education credits. For more information, please contact CDIAC \nat (916) 653-3269. \nYou can register either by credit card \n(VISA or MasterCard) through the internet, \nor by check through the mail.\nTO REGISTER BY CREDIT CARD:\n1. Go to www.treasurer.ca.gov/cdiac.\nseminars.asp\n2. Choose the seminar and click “Reg -\nister Online.” The link directs you to a \nsecure website. If you have difficulties \nwith the website, please call Renee \nCashmere at (916) 653-5318.TO REGISTER BY CHECK:\n1. F ill out the enrollment form on the \nnext page. One form is required for \neach participant.\n2. M ake the check payable to: Califor -\nnia Debt and Investment Advisory \nCommission .\n3. Mail f orm and check to: \nSeminar Registration, CDIAC \n915 Capitol Mall, Room 400 \nSacramento, California 95814\nRegistration is on a first-come, first served basis. The commission will close registra -\ntion prior to the published cut-off date if the registration exceeds available seats. \nCDIAC cannot reserve class spaces with -\nout payment. \nCommission staff will send an enroll -\nment confirmation when it receives pay -\nment. We recommend that participants \nbring their confirmation on the first day \nof the seminar. \nCDIAC can refund payments only if a re -\nfund request is made in writing prior to the \nparticular the seminar’s published cut-off \ndate. Registrants may send substitutes.\nParticipants can preview and print \nspeaker presentations prior to the semi -\nnar by checking the commission’s semi -\nnar website. REGISTRATION \nFORM FOR CDIAC SEMINARS \nWhen registering by checkPlease use this form to register for CDIAC- \nsponsored classes held in Fall 2010 and \nSpring 2011. Registration for the Fall \n2011 semester will open on July 1, 2011. \nTo register for The Bond Buyer ’s Pre-Con -\nference, please contact The Bond Buyer \ndirectly through its website.\nNAME\nTITLE\nAGENCY\nSTREET ADDRESS\nCITY S TATE Z IP\nPHONE F AX\nEMAIL*\n * Please pr ovide an email address to receive your seminar confirmation.\n Please check here if you do not want CDIAC to use this email address for notification of \nfuture CDIAC seminars. CDIAC does not make its email list available to other entities.\nPlease select the \nseminar(s) for which you \nwould like to register:\n SEPTEMBER 23-24, 2010:\nDebt Seminar 1: Fundamentals of \nDebt Finance\n OCTOBER 8, 2010:\nDisclosure in Municipal Securities\n OCTOBER 21-22, 2010:\nInvestment 1: Interim Financing and \nInvestment Basics\n FEBRUARY 3-4, 2011: \nDebt Seminar 2: From Indenture \nDocuments to Sale MARCH 18, 2011: Fundamentals of \nLand-Secured Financing\n APRIL 8, 2011: Debt Seminar 3:\nLiving with an Issue\n APRIL 29, 2011: In the Know about \nSchool Debt Financing\nAMOUNT ENCLOSED: $ \nMAIL FORM AND CHECK TO:\nSeminar Registration, CDIAC \n915 Capitol Mall, Room 400 \nSacramento, California 95814 FA L L 2 010 S E M E S T E R Debt Seminar 1: \nFundamentals of \nDebt Financing\nSEPTEMBER 23-24, 2010\nExperts explain concepts of structuring, \nmarketing and pricing the deal, the re-\nlationships between principal, interest, \nprice and proceeds. Speakers cover ways to evaluate types of interim and long-term municipal finance instruments. They \ndiscuss how to use private expertise and \nhow industry professionals can reduce \ncosts. The seminar concludes with a dis-\ncussion of issuer responsibilities for initial \nand continuing disclosure. This seminar is the first of a three-part introductory debt \nissuance series.\nCOST: \n$350 (Public Sect or Representatives) \n$500 (Pr ivate Sector Representatives)\nLOCATION:\nSheraton Park \nAnaheim, CA\nREGISTRATION DEADLINE:\nAugust 10, 2010, or until filled\nDisclosure in \nMunicipal Securities\nOCTOBER 8, 2010\nProper and timely disclosure helps ensure \naccess to the municipal finance market. \nUnder what circumstances do issuers “talk \nto the market”? When they do, what are the \nfederal disclosure rules? Speakers discuss \nthe regulatory requirements for initial and \ncontinuing disclosure. They also advise on \nways to avoid common mistakes.COST:\n$250 (Public Sect or Representatives)\nLOCATION:\nRenaissance Long Beach \nLong Beach, CA\nREGISTRATION DEADLINE:\nSeptember 10, 2010, or until filled\nInvestment Seminar 1: \nInterim Financing and Investment Basics\nOCTOBER 21-22, 2010\nThis seminar has two distinct parts. Part \n1, conducted on Thursday (October 21) \nmorning, covers issues associated with \ninvesting in interim (also known as “short \nterm”) instruments. Part 2, starting Thurs -\nday afternoon and running all day Friday, is an introduction to municipal investment. \nPart 2 covers investment concepts, op -\ntions and performance measurements. \nThis seminar is the first in a two-part se -\nries on investments. Participants receive a copy of the commission’s investment \nguidelines, a desktop reference for com -\nplying with California’s statutory laws.\nCOST: \n$150 P art 1: Interim Financing Only \n (Public Sect or Representatives) \n$300 P art 2: Investment Basics Only \n (Public Sect or Representatives) \n$400 Bo th Interim Financing and \n Inv estment Basics \n (Public Sect or Representatives)\nLOCATION:\nConcord Hilton \nConcord, CA\nREGISTRATION DEADLINE:\nSeptember 23, 2010, or until filled S P R I N G 2 011 S E M E S T E R Debt Seminar 2: \nFrom Indenture \nDocuments to Sale\nFEBRUARY 3-4, 2011\nSpeakers provide advice on steps for \nevaluating debt capacity and establishing \na debt management policy. The course \ndiscusses how to develop the bond docu -\nments. Panels address managing fund accounts, investing bond proceeds and \nadministering the debt over the term of the \ninstrument. This is the second of a three-\ncourse series on introductory manage-\nment, but participants can take classes in \nany sequence. \nCOST: \n$350 (Public Sect or Representatives) \n$500 (Pr ivate Sector Representatives)\nLOCATION:\nOakland Marriott \nOakland, CA\nREGISTRATION DEADLINE:\nJanuary 10, 2011, or until filled\nLand-Secured Finance: \nMello-Roos District \nand Assessment District Financing\nMARCH 18, 2011\nThis seminar focuses on financing capital \nthrough special districts (Mello-Roos and \nassessment). Under what circumstances \nare these districts appropriate for your \nneeds? How does a local agency form a \ndistrict? How does the district issue debt \nand administer the liens? Hear expert ad-vice on how to comply with federal regula -\ntions and state law.\nCOST: \n$250 (Public Sect or Representatives) \n$400 (Pr ivate Sector Representatives)\nLOCATION:\nHotel Shattuck \nBerkeley, CA\nREGISTRATION DEADLINE:\nFebruary 23, 2011, or until filled\nDebt Seminar 3: \nOn-Going Debt \nAdministration\nAPRIL 8, 2011\nYou’ve issued your debt—now what? This \ncourse describes the steps for managing \ndebt over the term of the debt. Speak -\ners discuss the indenture documents and continuing disclosure requirements \nassociated with out-year administration. \nThey describe the steps for managing \nbond proceeds, arbitrage and reserve \naccounts. Panels cover evaluating re -\nfunding options and managing variable \nrate debt. This seminar is the last in a \nthree-part series of seminars on debt is -\nsuance. Seminars in the series can be taken in any sequence.\nCOST:\n$350 (Public Sect or Representatives) \n$500 (Pr ivate Sector Representatives)\nLOCATION:\nCSU Pomona, Kellogg Center \nPomona, CA\nREGISTRATION DEADLINE:\nMarch 11, 2011, or until filled In the Know about School \nDebt Financing\nAPRIL 29, 2011\nThis seminar is tailored to school offi -\ncials seeking an understanding of debt \nfinance—from planning the debt program \nto on-going administration and regula -\ntory compliance. The speakers present \nfiscal management concepts, consider -\nations before issuing debt, statutory re -\nquirements and out-year debt manage -\nment strategies. \nCOST: \n$250 (Public Sect or Representatives) \n$400 (Pr ivate Sector Representatives)\nLOCATION:\nCSU Pomona, Kellogg Center \nPomona, CA\nREGISTRATION DEADLINE:\nMarch 29, 2011, or until filled FA L L 2 011 S E M E S T E R Disclosure in \nMunicipal Securities\nSEPTEMBER 23, 2011\nProper and timely disclosure helps en -\nsure access to the municipal finance \nmarket. Under what circumstances do \nissuers “talk to the market”? When they \ndo, what are the federal disclosure \nrules? Speakers discuss the regulatory \nrequirements for initial and continuing \ndisclosure. They also advise on ways to \navoid common mistakes.\nCOST: \n$250 (Public Sect or Representatives)\nLOCATION:\nSan Francisco, CA\nREGISTRATION DEADLINE:\nAugust 12, 2011, or until filled\nDebt Seminar 1: \nFundamentals of \nDebt Financing\nOCTOBER 12–13, 2011\nExperts explain concepts of structuring, \nmarketing and pricing the deal, the re-\nlationships between principal, interest, \nprice and proceeds. Speakers cover \nways to evaluate types of interim and long-\nterm municipal finance instruments. They \ndiscuss how to use private expertise and \nhow industry professionals can reduce \ncosts. The seminar concludes with a dis-cussion of issuer responsibilities for initial \nand continuing disclosure. This seminar is \nthe first of a three-part introductory debt \nissuance series.COST: \n$350 (Public Sect or Representatives) \n$500 (Pr ivate Sector Representatives)\nLOCATION:\nLong Beach, CA\nREGISTRATION DEADLINE:\nSeptember 11, 2011, or until filled\nInvestment Seminar 2: \nAdvanced Investing\nNOVEMBER 2, 2011\nIn light of recent events in the municipal \nmarket, should your investment practices \nchange? What are your responsibilities \nand options in this changing market? How \ncan private industry professionals help \nyou manage your investment portfolio? \nHow can benchmarking help you manage \nyour portfolio?\nThis seminar provides a more advanced \ndiscussion of investment challenges \nand opportunities. It stresses how local \nagencies may want to modify their prac -\ntices in light of recent market conditions. \nThe second day includes discussions \non how to measure and evaluate portfo -\nlio performance.\nCOST: \n$250 (Public Sect or Representatives)\nLOCATION:\nSan Diego, CA\nREGISTRATION DEADLINE:\nOctober 2, 2011, or until filled\nSTAY INFORMED California \nDebt and Investment \nAdvisory Commission\n915 Capitol Mall, Room 400 \nSacramento, California 95814 \n(916) 653-3269 \ncdiaceducation@treasurer.ca.gov \nwww.treasurer.ca.gov/cdiacThe commission’s website provides \nup to date information on current \nseminar offerings.\nCDIAC announces seminars with an \nelectronic mail notification, which \ncan afford participants the opportu -\nnity for early registration. The emails contain links to agendas, materials \nand payment information.\nTo receive emails about \nupcoming seminars:\nPlease register at www.treasurer.\nca.gov/cdiac . Click on: “Sign Up To \nReceive Information on CDIAC Semi -\nnars and Publications.”\nTo view information on upcoming seminars:\nPlease visit www.treasurer.ca.gov/\ncdiac/seminars.asp ." }

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{ "pdf_file": "G7GQJSD3U6NDHK7ARFEAMSCRRBPN7S5D.pdf", "text": " \nCounty Highlights Home \nElkhart County, IN Highlights \nPopulation \nA region's economy thrives or dives because of the people who choose to live there. That choice may occ ur by being \nborn there and desiring to stay, or a more deliberate one of choosing to relocate from somewher e else. Monitoring \nchange in the size and movement of population is an important barometer of well-being. Some of us m onitor these \nchanges as an insect might gauge the shifting sands while most don't pay much attention. But the barom eter is a good \nmetaphor for population change since it can presage more notable events, such as lackluster bus iness attraction due to \nlack of workers. \n \nSource: US Census Bureau \nSource: US Census Bureau 1 2 3 4 5 6 7 8\nOverview Population Education Commuting Labor Force Industry Income Firm Size \nPopulation Over Time \n 1989 1994 1999 2004 2009 \nTotal Population 155,813 166,498 180,645 190,298 200,502 \nChange Since 1989 10,685 24,832 34,485 44,689 \nPct. Change Since 1989 6.9% 15.9% 22.1% 28.7% \nComponents of Population Change 2008 to 2009 \n Number \nNet Domestic Migration -2,366 \nInternational Migration 790 \nNatural Increase (births minus deaths) 1,943 \nBirths 3,381 \nDeaths 1,438 Source: US Census Bureau \nSource: US Census Bureau \nSource: US Census Bureau Population Estimates by Age in 2009 \n Number Pct. Dist \nPreschool (0 to 4) 17,215 8.6% \nSchool Age (5 to 17) 39,885 19.9% \nCollege Age (18 to 24) 17,957 9.0% \nYoung Adult (25 to 44) 54,188 27.0% \nOlder Adult (45 to 64) 48,187 24.0% \nOlder (65 plus) 23,070 11.5% \nPopulation Estimates by Race and Hispanic Origin in 2009 \n Number Pct. Dist \nAmerican Ind. or Alaskan Native Alone 691 0.3% \nAsian Alone 2,885 1.4% \nBlack Alone 11,066 5.5% \nNative Hawaiian and Other Pac. Isl. Alone 253 0.1% \nWhite Alone 182,599 91.1% \nTwo or More Race Groups 3,008 1.5% \nHispanic or Latino \nNon-Hispanic or Latino 170,164 84.9% \nHispanic or Latino 30,338 15.1% \nHouseholds in 2000 \n Number Pct. Dist \nTotal Households 66,154 100.0% \n Family Households 47,659 72.0% \n Married with Children 17,592 26.6% \n Married without Children 19,981 30.2% \n Single Parents 6,475 9.8% \n Other 3,611 5.5% \n Non-family Households 18,495 28.0% \n Living Alone 14,938 22.6% \nAverage Household Size 2.77 \nAverage Family Household Size 3.85 \nPopulation Counts by Decade and Current Year Estimate \n Population Numerical Pct. Chg. Source: U.S. Census Bureau \nSource: Indiana Business Research Center Chg. \n1950 84,512 NA NA \n1960 106,790 22,278 26.4% \n1970 126,529 19,739 18.5% \n1980 137,330 10,801 8.5% \n1990 156,198 18,868 13.7% \nApril 2000 182,791 26,593 17.0% \n2009 200,502 17,711 9.7% \nPopulation Projections \n 2005 2010 2015 2020 2025 \nPopulation Projections 195,362 201,888 209,177 218,182 228,101 \nChange Since 2005 6,526 13,815 22,820 32,739 \nPct. Change Since 2005 3.3% 7.1% 11.7% 16.8% \n" }

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{ "pdf_file": "M4PQQ2SAF6X4U7WZE2ZG5FPZBNUKPKNC.pdf", "text": "1\nGOVE RNME NT \nE XHIBIT NO.\n3:14-CR-293-M379 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23" }

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{ "pdf_file": "BYAGGYJAJF54MOS44JDLAZJZ2CJNQXNH.pdf", "text": " \n \n \n PUCO Apples to Apples Natu ral Gas Rate Comparison Chart \nVectren Energy Delivery of Ohio \nUpdated January 24, 2007 – Next Update, January 31, 2007 \n \nThe PUCO produces the Apples to Apples charts to provide consumers with a snapshot comparison of current \nnatural gas supplier price options and contract terms. The PUCO updates the charts on a regular basis and verifies each supplier offer to ensure accuracy. The char t below lists only the certified suppliers that are \nactively enrolling new customers. As with all cont racts, consumers should carefully read and understand all \nterms and conditions before signing any forms or agreeing to enroll with a supplier for natural gas service. \n \nThe PUCO provides the tools you need to calculate your estimated cost. The self-calculation worksheet following the chart below walks you through the steps needed to manually calculate your own estimated cost. \nYou can also visit \nwww.PUCO.ohio.gov and click on the Apples to Apples link to access our interactive \ncalculator and automatically calculate your estimated costs. \n \nVectren Energy Delivery of Ohio’s Rate \nVectren Energy Delivery’s (Vectren) current total rate is $1.09647 per hundred cubic feet (Ccf), effective from \nJanuary 1, 2007 to January 31, 2007. This includes a Gas Cost Recovery (GCR) rate of $0.88321 per Ccf, a \ngross receipts tax of $0.04307 per Ccf, and transportation costs of $0.17019 per Ccf. Vectren’s GCR rate \nvaries each month and provides a dollar-for-dollar recovery of costs incurred by the local utility to purchase \nnatural gas. The GCR rate allows the local utility to correct any over or under collections of natural gas costs from previous periods if the actual cost is di fferent than the estimate. Contact information for Vectren Energy \nDelivery of Ohio: One Vectren Sq., Evansville, IN 47708, (800) 227-1376, . \nwww.Vectrenenergy.com\n \nSupplier Rate Offers \nThe chart below reflects the current offers provided by suppliers that are actively soliciting customers. \nPublished price offers and contract terms are subject to change without prior notice and exclude \napplicable state and county sales tax. Supplier prices are not subject to any after-the-fact adjustments like \nthose made to the local utility’s GCR rate. Consumers should check with suppliers to verify offers before \nsigning a contract. \n \n \nSupplier Name Current Offer per Ccf Contract Term Total Rate per \nCcf* \nInterstate Gas Supply \n(877) 444-7427 \nwww.igsenergy.comFixed Rate Plan - $0.879 \n[Thereafter, variable rate initially set at $0.999] Through July 2007 $1.01807 \nMxEnergy \n(877) 557-4355 \nwww.mxenergy.coma) One-Year or \nThree-Year a) Fixed Rate Plan - $1.190 a) $1.32907 \nb) Fixed Rate Plan - $0.999 b) $1.13807 b) Six-Month \nVectren Source \n(800) 516-6740 a) Fixed Rate Plan - $1.085 a) One-Year \nb) Monthly a) $1.22407 \nb) $1.21687 b) Monthly Variable Rate Plan - $1.0778 www.vectrensource.com\n \n* Includes transportation rate charge \n The Public Utilities Commission of Ohio \n Ted Strickland, Governor Œ Alan R. Schriber, Chairman \n180 E. Broad Street, Columbus, Ohio 43215-3793 Œ An Equal Opportunity Empl oyer and Service Provider Questions to ask Suppliers \n• Are there any deposit requirements? \n• Do you charge any early termination fees? If \nso, how much? \n• Do you charge any switching, membership or \nother fees? \n• Are you certified by the PUCO? \n• Is your rate fixed, or does it change? \n• If it is a variable rate, how does it change? \n• Is there a customer incentive for signing up? \n• Are there any built-in price increases or \ndecreases? \n• Are there any special add-on services? \n• How long is the contract for this offer? \n• Does your service cover all months of the \nyear? \n• What happens when my contract expires? \n• Will I receive one or two bills a month? Chart Definitions \n \nCcf: One hundred cubic feet; a unit used to measure natural \ngas usage. \n \nContract Term: The length or duration of the contract (i.e. \nmonthly, yearly, multiple-year). \n \nCounty Sales Tax : When natural gas is purchased from a \nsupplier, the natural gas is subject to Ohio sales or use tax. Because county sales tax rates vary throughout Ohio, the \ncounty sales tax is not included in the supplier’s total rate. \nUse the attached map to determine your county’s sales tax rate. \n \nCurrent Offer : Comprised of suppliers’ current commodity \noptions and base rates, exclusive of sales tax, the local utility \ntransportation charge, and cu stomer service charges. \nCommodity options may be a fixed, variable, or stable rate \nplan. \n \nExpected Gas Cost (EGC) : A component of the GCR, the EGC is the price the local utility expects to pay for natural gas \nin the upcoming GCR rate period. For example, if the GCR rate is filed on a mont hly basis, the local utility will calculate \nthe EGC for the following month. Gas costs recoverable through the EGC include the cost of purchasing the gas itself as \nwell as the cost of transporting the gas from the producing region to the local utility’s service territory through the interstate \npipeline system. \n \nFixed Rate Plan : A constant rate for the contracted period. \n \nGas Cost Recovery (GCR) Rate : A mechanism that provides a dollar-for-do llar recovery of costs incurred by a local \nutility to purchase natural gas to its system. The GCR mechanism enables the local utility to correct any over or under \ncollections of natural gas costs in previous periods. \n \nGCR Transition (GCRT) Rider : An adjustment used to reimburse or charge customers for any under or over recovery of \nprevious year’s gas cost charges. Although all customers ar e assessed a transportation rate charge, following 12 month’s \nparticipation as a CHOICE customer, the GCR transition rider is el iminated from the customer’s bill. Because the GCR \ntransition rider only impacts the transportation charges of CH OICE customers of less than 12 month's participation, the \ntotal rate is calculated with these customers in mind. \n \nGross Receipts Tax : When natural gas is purchased from a local utility, it is not subjec t to Ohio sales or use tax. The \nlocal utility must pay a gross receipts excise tax which is included in the GCR rate charged for the natural gas based on \nthe volume of gas consumed (per Ccf). \n \nStable Rate Plan : A variable rate for a fixed period of time. \n \nSupplier Name: PUCO-certified suppliers that are actively enrolling new customers. \n \nTotal Rate : Comprised of the supplier’s natural gas commodity prices, plus the transportation rate charge. \n \nTransportation Rate Charge : The transportation rate charge, which can fluctuate quarterly, is comprised of a base rate , \ntransportation program cost, migration rider, Percentage of Income Payment Plan rider, excise tax rider, uncollectible \nexpense rider, GCR transition rider, and gross receipts excise tax. \n \nVariable Rate Plan : A fluctuating rate within the contracted period. \n The Public Utilities Commission of Ohio \n Ted Strickland, Governor Œ Alan R. Schriber, Chairman \n180 E. Broad Street, Columbus, Ohio 43215-3793 Œ An Equal Opportunity Empl oyer and Service Provider The Public Utilities Commission of Ohio \n Ted Strickland, Governor Œ Alan R. Schriber, Chairman \n180 E. Broad Street, Columbus, Ohio 43215-3793 Œ An Equal Opportunity Empl oyer and Service Provider Self-Calculation Worksheet \nThis self-calculation worksheet will provide you with an estimate of your monthly nat ural gas costs, based on your average \nmonthly gas usage, current supplier price, transportation and serv ice charges, and local sales tax. You may also wish to \nvisit www.PUCO.ohio.gov to access our interactive Apples to Apples calculator. \n \n Example Your Calculation \nStep 1: Supplier Offer \nInsert the supplier’s current offer. Supplier Offer: $1.00/Ccf Supplier Offer: $ _____ /Ccf\nStep 2: Figure your Average \nMonthly Usage \nDivide your annual gas usage in \nCcf (provided on your monthly bill) \nby 12. (annual gas usage) 879\n÷ 12\n___________________________________________________________________________________ \n \nAverage Monthly Usage: 73.3 Ccf(annual gas usage) ______\n÷ 12\n___________________________________________________________________________________ \nAverage Monthly Usage: _____ Ccf\nStep 3: Supplier Charge \nMultiply the supplier offer by your \nmonthly gas usage. (supplier offer) $1.00\n(average monthly usage) x 73.3\n___________________________________________________________________________________ \n \nSupplier Charge: $73.30(supplier offer) $ ______\n(average monthly usage) x ______\n___________________________________________________________________________________ \nSupplier Charge: $ ______\nStep 4: Tax on Supplier Charge \nMultiply the supplier charge by \nyour county sales tax rate (to \nobtain this rate, use the map on \nthe next page). (supplier charge) $73.30\n(county sales tax rate) x 0.07\n___________________________________________________________________________________ \n \nTax on Supplier Charge: $5.13(supplier charge) $ ______\n(county sales tax rate) x 0. ____\n____________________________________________________________________________________ \nTax on Supplier Charge: $ ______\nStep 5: Delivery Rate \nInsert your delivery service rate. Select $0.13907/Ccf if you have been a \nCHOICE customer for less than 12 mos .\nor\nSelect $0.17019/Ccf if you have been a \nCHOICE customer for more than 12 mos .$________ /Ccf\nStep 6: Delivery Charge \nMultiply the delivery rate by your \naverage monthly usage. (delivery rate) $0.13907\n(average monthly usage) x 73.3\n___________________________________________________________________________________ \n \nDelivery Charge: $10.19(delivery rate) $ _______\n(average monthly usage) x ______\n___________________________________________________________________________________ \nDelivery Charge: $ ______\nStep 7: Supplier Estimated Monthly Cost \nAdd the supplier charge, the tax on supplier charge, the delivery charge, and a monthly customer \ncharge of $7.00. (supplier charge) $73.30\n(tax on supplier charge) 5.13\n(delivery charge) 10.19\n(monthly customer charge) + 7.00\n___________________________________________________________________________________ \n \nEstimated Monthly Cost: $95.62(supplier charge) $ ______\n(tax on supplier charge) ______\n(delivery charge) ______\n(monthly customer charge) + 7.00\n___________________________________________________________________________________ \nEstimated Monthly Cost: $ ______\nStep 8: Vectren Energy \nDelivery’s Estimated Monthly \nCost \nMultiply Vectren Energy Delivery’s \ncurrent total rate by your average \nmonthly usage, then add the \nmonthly customer charge. (current total rate) $1.09647\n(average monthly usage) x 73.3\n___________________________________________________________________________________ \n \n(subtotal) $80.37\n(monthly customer charge) + 7.00\n___________________________________________________________________________________ \n \nEstimated Monthly Cost: $87.37(current total rate) $1.09647\n(average monthly usage) x______\n___________________________________________________________________________________ \n(subtotal) $______\n(monthly customer charge) + 7.00\n___________________________________________________________________________________ \nEstimated Monthly Cost: $ ______\nStep 9: Compare \nCompare the supplier’s estimated \nmonthly cost to that of Vectren \nEnergy Delivery. Supplier: $95.62/month \nVectren Energy Delivery: $87.37/monthSupplier: $ ____ /month\nVectren Energy Delivery: $ ____ /month\n 6.25%Fulton\n6.5%Lucas6.75%\nDefiance6.5%Henry\n6.5%Wood\n6.5%Ottawa\n6.5%\nSandusky\n6.75%\nSeneca\n7.0%Paulding\n7.0%\nVan Wert7.0%Putnam\n6.75%Hancock\n6.0%\nWyandot\n7.0%\nAllen\n6.5% Hardin\n7.0%\nMarion\n6.5%Mercer6.5%\nAuglaize\n7.0%\nLogan\n7.0%Union\n6.5%Shelby7.0%\nDarke7.0%\nClark\n6.5%\nGreene\n6.5%Preble\n7.0%\nFayette\n6.5%Pickaway\n7.0%Fairfield\n6.25%Franklin\n6.75%Delaware\n6.75%Morrow\n7.0%\nButler\n6.5%\nHamilton\n6.5%\nClermont\n6.5%Warren\n6.5%Clinton\n7.0%Ross\n7.0%\nHighland\n7.0%\nPike\n7.0%Jackson\n7.0%Vinton\n7.0%Hocking\n6.75%\nBrown\n6.75% Scioto\n7.0%\n7.0%\nLawrenceGallia6.75%Meigs6.5%Athens\n6.75%Washington\n7.0%Perry\n6.5%Morgan\n7.0%Noble\n7.0%Muskingum\n7.0%Licking\n7.0%Coshocton\n7.0%\nGuernsey\n7.0%Knox\n6.5%Holmes\n6.5%Crawford\n7.0%Ashland\n6.75%Wayne\n6.25%Medina\n6.0%Huron\n7.0%Erie\n6.5%Lorain\n6.25%Cuyahoga\n7.5%\nSummit\n6.25%LakeAshtabula\n6.5%\nGeauga\n6.5%\nCarroll\n6.5%\nHarrison\n7.0%\nBelmont\n7.0%\nMonroe\n7.0%Richland\n6.75%Trumbull\n6.5%\nMadison\n6.75%Stark\n6.0%\nMiami\n6.5%Mahoning\n6.5%\nOhio Department of Taxation\nSeptember 7, 2006Adams\n7.0%Columbiana\n6.5%Total State and Local Sales Tax Rates, By County\nEffective October 2006\n1\n371329\n537.50%\n7.00%6.75%6.50%6.25%6.00%\nNew Rates :\nClark County 6.50% (previously 7.00%)Portage\n6.75%Williams\n7.0%\nJefferson\n7.0%\nMontgomery\n7.0%\nNumber\nof CountiesTotal\nRateTuscarawas\n6.5%\nChampaign\n7.0% \n \n \n \nSTATE AND PERMISSIVE SALES TAX RATES \nBY COUNTY, OCTOBER 2006\n \n \n County Transit Total State & County Transit Total State & County Tax Rate Tax Rate Local Rate County Tax Rate Tax Rate Local Rate \n \nAdams 1.50% -- 7.00% Licking 1.50% -- 7.00% \nAllen 1.00 -- 6.50\n Logan 1.50 -- 7.00 \nAshland 1.25 -- 6.75 Lorain 0.75 -- 6.25 \nAshtabula 1.00 -- 6.50 Lucas 1.25 -- 6.75 \nAthens 1.25 -- 6.75 Madison 1.25 -- 6.75 \nAuglaize 1.50 -- 7.00 Mahoning 1.00 -- 6.50 \nBelmont 1.50 -- 7.00 Marion 1.00 -- 6.50 \nBrown 1.25 -- 6.75 Medina 0.50 -- 6.00 \nButler 1.00 -- 6.50 Meigs 1.00 -- 6.50 \nCarroll 1.00 -- 6.50 Mercer 1.00 -- 6.50 \nChampaign 1.50 -- 7.00 Miami 1.00 -- 6.50 \nClark 1.00 -- 6.50 Monroe 1.50 -- 7.00 \nClermont 1.00 -- 6.50 Montgomery 1.00 0.50% 7.00 \nClinton 1.50 -- 7.00 Morgan 1.50 -- 7.00 \nColumbiana 1.00 -- 6.50 Morrow 1.50 -- 7.00 \nCoshocton 1.50 -- 7.00 Muskingum 1.50 -- 7.00 \nCrawford 1.50 -- 7.00 Noble 1.50 -- 7.00 \nCuyahoga 1.00 1.00% 7.50 Ottawa 1.00 -- 6.50 \nDarke 1.50 -- 7.00 Paulding 1.50 -- 7.00 \nDefiance 1.00 -- 6.50 Perry 1.00 -- 6.50 \nDelaware 1.25 -- 6.75 Pickaway 1.50 -- 7.00 \nErie 1.00 -- 6.50 Pike 1.50 -- 7.00 \nFairfield 0.75 -- 6.25 Portage 1.00 0.25 6.75 \nFayette 1.00 -- 6.50 Preble 1.50 -- 7.00 \nFranklin 1.00 0.25 6.75 Putnam 1.25 -- 6.75 \nFulton 1.00 -- 6.50 Richland 1.25 -- 6.75 \nGallia 1.25 -- 6.75 Ross 1.50 -- 7.00 \nGeauga 1.00 -- 6.50 Sandusky 1.25 -- 6.75 \nGreene 1.00 -- 6.50 Scioto 1.50 -- 7.00 \nGuernsey 1.50 -- 7.00 Seneca 1.50 -- 7.00 \nHamilton 1.00 -- 6.50 Shelby 1.50 -- 7.00 \nHancock 0.50 -- 6.00 Stark 0.25 0.25 6.00 \nHardin 1.50 -- 7.00 Summit 0.50 0.25 6.25 \nHarrison 1.50 -- 7.00 Trumbull 1.00 -- 6.50 \nHenry 1.00 -- 6.50 Tuscarawas 1.00 -- 6.50 \nHighland 1.50 -- 7.00 Union 1.00 -- 6.50 \nHocking 1.25 -- 6.75 Van Wert 1.50 -- 7.00 \nHolmes 1.00 -- 6.50 Vinton 1.50 -- 7.00 \nHuron 1.50 -- 7.00 Warren 1.00 -- 6.50 \nJackson 1.50 -- 7.00 Wa shington 1.50 -- 7.00 \nJefferson 1.50 -- 7.00 Wayne 0.75 -- 6.25 \nKnox 1.00 -- 6.50 Williams 1.50 -- 7.00 \nLake 0.50 0.25 6.25 Wood 1.00 -- 6.50 \nLawrence 1.50 -- 7.00 Wyandot 1.50 -- 7.00 \n \nNOTE: State rate is now 5.5%. September 7, 2006 Business Taxpayer Services Division \n4485 Northland Ridge Blvd \nColumbus, Ohio 43229 \n(888) 405-4039 Fax (614) 387-1851 \nhttp://tax.ohio.gov " }

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{ "pdf_file": "U477BYZ62U5WAU5AK5HEDGW4FH75NBCH.pdf", "text": " \n \n \n \n Meeting Between Federal Reserve Board Staff and \nRepresentatives of JP Morgan Chase \nJune 13, 2012 \nParticipants: \t Anna Lee Hewko, Thomas Boemio, Cons tance Horsley, Juan Climent, \nPage Conklin, and Christopher Powell (Federal Reserve Board) \nScott Albinson and Tom King (JP Morgan Chase) \nSummary: Representatives from JP Morgan Chase me t with Federal Reserve Board staff to \ndiscuss issues related to the Basel III NPR (Regulatory Capita l Rules: Regulatory Capital, \nImplementation of Basel III, Minimum Regulatory Capital Ratios, Capital Adequacy, Transition \nProvisions, and Prompt Correctiv e Action) issued June 7, 2012. JP Morgan Chase expressed \nconcerns regarding some technical aspects of the proposed rulemaking th at could potentially \naffect the inclusion of certain existing non-cumulative perpetual pref erred securities in additional \ntier 1 capital. JP Morgan Chase also discussed the potential role that certain non-cumulative \nperpetual preferred instruments migh t have under the proposed framework. " }

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{ "pdf_file": "ZEZKWHVDSQXEMJQPI3I6NGC26E63NXNR.pdf", "text": " \n \n \n \nFOR IMMEDIATE RELEASE — April 29, 2009 \nCONTACT: Elisabeth Shurtleff, Public Information Officer PHONE: (702) 486-2756 E-MAIL: eshurtleff@business.nv.gov\n \n \nDepartment of Business & Industry Now on Twitter \n \nLas Vegas – The Nevada Department of Business & Industry (B&I) today a nnounced that it has \ncreated an account on the micro-blogging site Twitter. “Our participation on Twitter is part of our strategy to expand how we provide information ,” said \nDirector Dianne Cornwall. “ B&I’s agencies touch almost every industry in Nevada, and this is \nanother way to extend our communication reach, especially when the State’s budget is limited .” \n Updates, commonly known as ‘tweets’, will be posted regularly by B&I’s Public Information \nOfficer, Elisabeth Shurtleff. “ Our tweets will be timely and informative ,” said Shurtleff. “ We are \nexcited to use a new tool to enhan ce our connection with the public .” \n \nTo follow B&I on Twitter, go to http://www.twitter.com/NVBandI . \n \n### \n State of Nevada \nDepartment of Business & Industry \nDirector’s Office\n555 East Washington Avenue, Suite 4900 \nLas Vegas, Nevada 89101 \nPhone (702) 486-2750 | Fax (702) 486-2758 \nbusiness.nv.us " }

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{ "pdf_file": "GMXUAMD4SJ3SI277ABZBVOOUHXVRMUPA.pdf", "text": "67484 Federal Register / Vol. 68, No. 231 / Tuesday, December 2, 2003 / Notices \ninformation are encouraged. Your \ncomments should address one or more of the following four points:\n—Evaluate whether the proposed \ncollection of information is necessary for the proper performance of the function of the agency, including whether the information will have practical utility. \n—Evaluate the accuracy of the agency ’s \nestimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used. \n—Enhance the quality, utility, and \nclarity of the information to be collected. \n—Minimize the burden of the collection \nof information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., \npermitting electronic submission of responses.\nOverview of this information: \n(1) Type of information collection: \nRevision of currently approved collection. \n(2) The title of the form/collection: \nLocal Law Enforcement Block Grant Program. \n(3) The agency form number, if any, \nand the applicable component of the Department sponsoring the collection: Form Number: None, Bureau of Justice Assistance, Office of Justice Programs, Department of Justice. \n(4) Affected public who will be asked \nor required to respond, as well as a brief abstract. Primary: State, local, or tribal governments. Other: None. Abstract: The Local Government Law Enforcement Block Grants Act of 1995 authorizes the Director of the Bureau of Justice Assistance to make funds available to local units of government in order to reduce crime and improve public safety. Federal funds are allocated by a formula based on Part I Violent Crimes as reported in the Federal Bureau of Investigation ’s \nUniform Crime Reports. \n(5) An estimate of the total number of \nrespondents and the amount of time estimated for an average respondent to respond/reply: There are approximately 3,000 respondents who will request LLEBG grant funds by completing the no more than 30-minute online process. \n(6) An estimate of the total public \nburden (in hours) associated with the collection: The total annual public burden hours for this information collection is estimated to be 763 hours. \nIf additional information is required, \ncontact: Ms. Brenda E. Dyer, Deputy Clearance Officer, U.S. Department of \nJustice, Planning and Policy Staff, Justice Management Division, 601 D Street, NW., Washington, DC 20004, or via facsimile at (202) 514 –1590.\nDated: November 25, 2003. \nBrenda E. Dyer, Deputy Clearance Officer, U.S. Department \nof Justice.\n[FR Doc. 03 –29917 Filed 12 –1–03; 8:45 am] \nBILLING CODE 4410 –18–P\nDEPARTMENT OF LABOR\nEmployment and Training \nAdministration \n[TA–W–53,098] \nAlcoa Composition Foils, Pevely, MO; \nNotice of Termination of Investigation \nPursuant to section 221 of the Trade \nAct of 1974, as amended, an investigation was initiated on October 1, 2003 in response to a worker petition filed on behalf of workers at Alcoa Composition Foils, Pevely, Missouri. The facility shut down March 31, 2003. \nThe Department issued a negative \ndetermination applicable to the petitioning group of workers on April 28, 2003 (TA –W–50,823). That \ndetermination was upheld upon reconsideration in a decision rendered July 25, 2003. No new information or change in circumstances is evident which would result in a reversal of the Department ’s previous determinations. \nConsequently, further investigation would serve no purpose, and the investigation has been terminated.\nSigned at Washington, DC, this 12th day of \nNovember, 2003. \nLinda G. Poole, Certifying Officer, Division of Trade \nAdjustment Assistance.\n[FR Doc. 03 –29948 Filed 12 –1–03; 8:45 am] \nBILLING CODE 4510 –30–P\nDEPARTMENT OF LABOR\nEmployment and Training \nAdministration \n[TA–W–53,230] \nThe Amerbelle Corporation, Vernon, \nCT; Notice of Termination of Investigation \nPursuant to section 221 of the Trade \nAct of 1974, an investigation was initiated on October 14, 2003 in response to a worker petition which was filed by a company official on behalf of workers at the Amerbelle Corporation, Vernon, Connecticut. The petitioner has requested that the \npetition be withdrawn. Consequently, further investigation in this case would serve no purpose, and the investigation has been terminated.\nSigned in Washington, DC this 10th day of \nNovember, 2003. \nLinda G. Poole, Certifying Officer, Division of Trade \nAdjustment Assistance.\n[FR Doc. 03 –29950 Filed 12 –1–03; 8:45 am] \nBILLING CODE 4510 –30–P\nDEPARTMENT OF LABOR\nEmployment and Training \nAdministration \n[TA–W–53,241] \nArt Leather Manufacturing Company, \nInc., Elmhurst, NY; Notice of Termination of Investigation \nPursuant to section 221 of the Trade \nAct of 1974, as amended, an investigation was initiated on October 14, 2003 in response to a worker petition filed by a company official on behalf of workers at Art Leather Manufacturing Company, Inc., Elmhurst, New York. \nThe petitioner has requested that the \npetition be withdrawn. Consequently, further investigation would serve no purpose and the investigation has been terminated.\nSigned at Washington, DC this 10th day of \nNovember, 2003. \nLinda G. Poole, Certifying Officer, Division of Trade \nAdjustment Assistance.\n[FR Doc. 03 –29951 Filed 12 –1–03; 8:45 am] \nBILLING CODE 4510 –30–P\nDEPARTMENT OF LABOR\nEmployment and Training \nAdministration \n[TA–W–53,305] \nDillon Floral Corporation, Bloomsburg, \nPA; Notice of Termination of Investigation \nPursuant to section 221 of the Trade \nAct of 1974, as amended, an investigation was initiated on October 21, 2003 in response to a petition filed on behalf of workers at Dillon Floral Corporation, Bloomsburg, Pennsylvania. \nThe petitioner has requested that the \npetition be withdrawn. Consequently, further investigation would serve no purpose and the investigation has been terminated.\nVerDate jul<14>2003 15:43 Dec 01, 2003 Jkt 203001 PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 E:\\FR\\FM\\02DEN1.SGM 02DEN1" }

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{ "pdf_file": "KA545DH3SDEIKBX5MLR7QZVYWYBKBGLV.pdf", "text": " \n \n \n  \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nCONSEQUENCES OF ILLICIT DRUG USE IN AMERICA \nDrug Deaths \n38,371 people died of drug-induced causes in 2007, the latest year for which data are available. The number of \ndrug-induced deaths has grown from 19,128 in 1999, or from 6.8 deaths per 100,000 population to 12.6 in 2007.1 \n(These include causes directly involving drugs, such as accidental poisoning or overdoses, but do not include \naccidents, homicides, AIDS, and other causes indirectly related to drugs.) \nThere is a drug-induced death in the U.S. every 15 minutes.2 \nCompared to other causes of preventable deaths, drug -induced causes exceeded the 31,224 deaths from injuries \ndue to firearms and the 23,199 alcohol-induced deaths recorded in 2007. In the same year, 34,598 deaths were classified as suicides and 18,361 deaths as homicides.\n3 \nDrugged Driving \nFrom a national roadside survey in 2007, one in eight (12.4%) of weekend nighttime drivers tested positive for at \nleast one illicit drug.4 \nBased on a self-report survey in 2009, approximately 10.5 million Americans reported driving under the influence \nof an illicit drug during the past year.5 \nIn 2009, one in three drivers killed in motor vehicle crashes who were tested for drugs and the results known, \ntested positive for at least one medication or illicit drug.6 \nAmong high school seniors in 2008, one in 10 (10.4%) reported that in the two weeks prior to their interview, \nthey had driven a vehicle after smoking marijuana.7 \nChildren \nAnnual averages for 2002 to 2007 indicate that over 8.3 m illion youth under 18 years of age, or almost one in \neight youth (11.9%), lived with at least one parent who was dependent on alcohol or an illicit drug in the past \nyear.8 Of these, About 2.1 million youth lived with a parent who was dependent on or abused illicit drugs, and \nalmost 7.3 million lived with a parent who was dependent on or abused alcohol.9 \nSchool Performance \nSignificantly fewer youth in school who are current marijuana users report an average grade of “A” (12.5%) compared to those who are not current marijuana users (30.5% report an average grade of “A”).\n10 \nCollege students who use prescription stimulant medicati ons nonmedically typically have lower grade point \naverages, are more likely to be heavy drinkers and us ers of other illicit drugs, and are more likely to meet \ndiagnostic criteria for dependence on alcohol and marijuan a, skip class more frequently, and spend less time \nstudying. 11 \nEconomic Costs \nThe economic cost of drug abuse in the US was estimated at $180.9 billion in 2002, the last available estimate. This value represents both the use of resources to addr ess health and crime consequences as well as the loss of \npotential productivity from disability, premature deat h, and withdrawal from the legitimate workforce.\n12 \nONDCP seeks to foster h ealthy individuals and safe communities by effectively \nleading the Nation’s effort to reduce drug use and its consequences. \nDecember 2010 \n \n \n  \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n                                                                  \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n  Addiction and Treatment Need \nIn 2009, 23.5 million persons aged 12 or older needed treatment for an illicit drug or alcohol use problem (9.3 \npercent of persons in that age group). Of these, 7.1 million persons needed treatment for illicit drug problems, \nwith or without alcohol.13 \nOf the 23.5 million persons needing substance use treatment, 2.6 million received treatment at a specialty facility in the past year, and of the 7.1 million needing drug treatment, 1.5 million received specialty treatment.\n14 \nAcute Health Effects \nIn 2008, an estimated 2 million visits to emergency departments in US hospita ls were associated with drug misuse \nor abuse, including close to one million (993,379) vi sits involving an illicit drug. Nonmedical use of \npharmaceuticals was involved in 971,914 visits.15 Cocaine was involved in 482,188 visits, marijuana was \ninvolved in 374,435 visits, heroin was involved in 200,666 visits, and stimulants (including amphetamines and methamphetamine) were invol ved in 91,939 visits. \nCriminal Justice Involvement \nAccording to a 2009 study of arrestees in 10 major metropolitan areas across the country, drug use among the \narrestee population is much higher than in the general U.S. population. The percentage of booked arrestees \ntesting positive for at least one illic it drug ranged from 56 percent to 82 per cent. The most common substances \npresent during tests, in descending order, are marijuana, cocaine, opiates (primarily metabolites of heroin or \nmorphine), and methamphetamine. Many arrestees tested positive for more than one illegal drug at the time of arrest.\n16 \nAccording to a 2004 survey of inmates in correctional f acilities, 32 percent of state inmates and 26 percent of \nfederal prisoners reported that they u sed drugs at the time of the offense.17 \nEnvironmental Impact and Dangers \nThere are significant environmental impacts from cla ndestine methamphetamine drug labs, including chemical \ntoxicity, risk of fire and explosion, lingering effects of toxic waste, and potential injuries. The number of domestic \nmeth lab incidents, which includes dumpsites, active labs , and chemical/glassware set -ups, dropped dramatically \nin response to the Combat Meth Epidemic Act, (CMEA) of 2005, from nearly 13,000 in 2005 to just over 6,000 in \n2007. However, traffickers are devising methods to avoid the CMEA restrictions and domestic meth lab incidents \nare rising again, reaching 9,800 in 2009.18 \nCoca and poppy cultivation in the Andean jungle is significantly damaging the environment in the region. The \nprimary threats to the environment are deforestation caused by clearing the fields for cultivation, soil erosion, and \nchemical pollution from insecticides and fertilizers. A dditionally, the lab process of converting coca and poppy \ninto cocaine and heroin has adverse effects on the environment.19 \nMexican drug trafficking organizations have been operati ng on public lands in the U.S. to cultivate marijuana, \nwith serious consequences for the environment and pu blic safety. Propane tanks and other trash from illicit \nmarijuana growers litter the remote areas of park lands from California to Tennessee. Growers often use a cocktail \nof pesticides and fertilizers many times stronger than what is used on residential lawns to cultivate their crop. \nThese chemicals leach out quickly, killing native insect s and other organisms directly. Fertilizer runoff \ncontaminates local waterways and aids in the growth of algae and weeds. The aquatic vegetation in turn impedes \nwater flows that are critical to maintaining biodive rsity in wetlands and othe r sensitive environments.20 \n1 Xu, J; Kochanek, KD; Murphy, SL; and Tejada-Vera, B. Deaths: Final Data for 2007. National Vital Statistics Reports 58/9, Centers for Disease Control and Prevention, National Center for Health Statistics (May 2010).\n \n2 Calculated from Xu, et al. (2010).\n \n3 Xu, et al. (2010).\n \n4 National Highway Traffic Safety Administration, 2007 National Roadside Survey of Alcohol and Drug Use (December 2009). \n5 SAMHSA. 2009 National Survey on Drug Use and Health, Detailed Tables (September 2010).\n \n6 National Highway Traffic Safety Administration, Drug Involvement of Fatally Injured Drivers (November 2010).\n \n7 University of Michigan. 2008 Monitoring the Future Study . Unpublished special tabulations (December 2010).\n \n8 SAMHSA. Children Living with Substance-Dependent or Substance-Abusing Parents: 2002-2007 (April 2009).\n \n9 SAMHSA. Children Living with Substance-Dependent or Substance-Abusing Parents: 2002-2007 (April 2009).\n \n10SAMHSA. 2007 and 2008 National Surveys on Drug Use and Health , unpublished special tabulations (September 2010). \n11 Arria AM; DuPont RL. Nonmedical Prescription Stimulant Use Among College Students: Why We Need to Do Something and What We Need to Do. Journal of Addictive Diseases . 29;4:417-426. 2010. \n12 Office of National Drug Control Policy, The Economic Costs of Drug Abuse in the United States, 1992-2002 (December 2004).\n \n13 Substance Abuse and Mental Health Services Administration [SAMHSA]. 2009 National Survey on Drug Use and Health (September 2010).\n \n14 SAMHSA. 2009 National Survey on Drug Use and Health (September 2010). \n15 SAMHSA. Drug Abuse Warning network, 2009 (January 2010). \n16 Office of National Drug Control Policy, ADAM II 2009 Annual Report (June 2010).\n \n17 Bureau of Justice Statistics, Drug Use and Dependence, State and Federal Prisoners, 2004 (October 2006).\n \n18 National Drug Intelligence Center [NDIC]. National Drug Threat Assessment 2010 (February 2010).\n \n19 NDIC. National Drug Threat Assessment 2010 (February 2010).\n \n20 NDIC. National Drug Threat Assessment 2010 (February 2010).\n \nONDCP seeks to foster h ealthy individuals and safe communities by effectively \nleading the Nation’s effort to reduce drug use and its consequences. \nDecember 2010 " }

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{ "pdf_file": "RI6NFCCK3DM3HB3ZU7OJTGVRX2YSD3LB.pdf", "text": "January 2016 \nSOP 14 Page 1 of 19 SOP No. 14 \n \nRecommended Standard Operating Procedure \nfor \nGravimetric Calibration of Volumetric Standards Using an Electronic Balance \n \n1 Introduction \n 1.1 Purpose of Test \nThis procedure is a precision mass ca libration converting mass values to \nvolumetric values using pure water as a st andard reference material. The results \nprovide calibration of either the \"to deliv er\" or \"to contain\" volume of measuring \ncontainers that may be used as volumetric measuring standards. The procedure uses gravimetric calibration principles to minimize calibration uncertainties. Accordingly, the procedure is especially useful for high accuracy calibrations. The procedure references measurement cont rol standards to ensure the validity of \nthe standards and the measurement process; however, additional good measurement practices such as those re quired for precision mass calibrations must \nbe used. The procedure makes use of an electronic balance and is suitable for all \nsizes of gravimetric calibrations only lim ited by the capacity and resolution of the \nbalance and handling capabilities. Standards that are calibrated for use in legal \nweights and measures applications shoul d be evaluated for conformance to the \nappropriate specifications and tolerances that apply. This procedure calculates the average volume based on two runs. NOTE: NIST calibrations generally make use \nof the average of five replicates. \n1.2 Prerequisites \n 1.2.1 Verify that valid calibration certificates with appropriate values and \nuncertainties are available for all of the standards used in the calibration. \nAll standards must have demonstrated metrological traceability to the international system of units (SI), which may be to the SI through a National Metrology Institute such as NIST. \n 1.2.2 Verify that the mass standards to be used have sufficiently small standard \nuncertainties for the level of calibration. Reference mass standards should not be used for gravimetric calibration due to the risk of water contamination. Weights of ASTM Class 2 or 3 or OIML Class F\n1 or F 2 are \nrecommended for this procedure. Working standards of other classes are generally not designed to maintain adequate stability needed; however, \ncorrections obtained within a few days of the volume calibration may provide adequate stability and may be used if the uncertainty is sufficiently small and the density is available for performing buoyancy corrections. \n January 2016 \nSOP 14 Page 2 of 19 1.2.3 Verify that the balance used is in good operating condition with adequate \ncapacity, sufficiently small resoluti on, and sufficiently small process \nstandard deviation, as verified by a valid control chart or preliminary \nexperiments using this procedure. NO TE: standard deviations obtained \nfrom mass calibrations do not reflect the process repeatability of gravimetric calibrations; therefore process repeatability must be obtained using this procedure! The accur acy of the balance and weighing \nprocedures should be evaluated to minimize potential bias in the measurement process. \n \n1.2.4 Verify that the operator is experi enced in precision weighing techniques \nand has had specific training in SOP 2, SOP 4, SOP 29, GMP 3, GMP 10, \nand gravimetric calibrations. \n \n1.2.5 Verify that an adequate quality and supply of distilled or deionized water \n(see GLP 10) is available. Note: Do not use tap water for this procedure! \n \n1.2.6 Verify that air currents are minimized in the laboratory when weighing is \nperformed. Verify that the laboratory facilities meet the following minimum conditions to enable meeting the expected uncertainty that is achievable with this procedure: \n \nTable 1. Laboratory environmental conditions. \nProcedure Temperature Relative Humidity \nGravimetric 20 C to 23 C \nStable to ± 1 C / 1 h, durin g the calibration 40 % to 60 % \nStable to ± 10 % / 4 h \n \n2 Methodology \n 2.1 Scope, Precision, Accuracy \nThe procedure is applicable for the calib ration of any size of measuring container \nthat, when filled with water, will not overload the electronic balance used. \nTypical containers range in capacity from 1 mL to 20 L; however, this procedure is also applicable for larger provers provided that facility, equipment and \nstandards meet the requirements in this SOP. When larger provers (e.g., 100 gal \nor more) are tested, also see the Test Notes in the Appendix. The procedure is \ngenerally only appropriate for micropi pettes when additional evaporation \ncorrections are made. The precision of calibration depends on the care exercised \nin adjusting the various volumes and strict adherence to the various steps of the \nprocedure. The accuracy attainable depends on the ability of th e operator to read \nand set the meniscus, uncertainties of the standard weights, the air buoyancy \ncorrections, and thermal expansion corrections that are made. January 2016 \nSOP 14 Page 3 of 19 2.2 Summary \n \nThe electronic balance used is calibrate d by incorporating standard masses into \nthe procedure. The volumetric vessel to be calibrated is then weighed dry or \n“wetted down,” depending on whether the calibration is to be made on a “To \nContain” or “To Deliver” basis. The cont ainer is filled with pure water of known \ntemperature and re-weighed. The difference in mass is used to calculate the capacity of the container at the nominal capacity and at various capacities when multiple neck graduations are present. Transfer vessels may be used for all procedures except for flasks and containers marked “To Contain” (TC). \n2.3 Standards and Equipment Requirements \n 2.3.1 An electronic balance having suffici ent capacity to weigh the loaded \nvessel is required. The balance selection affects the potential measurement errors associated with this procedure. Prior to use and where available, it \nis recommended to use the adjust/ca librate feature on balances. Option A \nprovides a single point calibration fact or for the balance. In general, \nconcerns are greater for balances or mass comparators larger than 5 kg due \nto corner loading errors, non-linearit y, and repeatability over the range of \nuse. Option B as described in the cal culation section for larger volumes \ncorrects for balance non-linearity in both the filled and empty/drained \nranges of use. Option B will also likely be required on mass comparators that have multiple ranges. It also provides corrections for variations in air density that may occur over a longer weighing process on larger volumes. \nFor all procedures in this SOP, the balance should be zeroed prior to each measurement to minimize possible effects due to balance drift. The sensitivity or resolution of the bala nce may be a limiting factor in the \naccuracy of the measurement. The re solution and repeatability must be \nsmaller than the accepted uncertainty of the calibration. Linearity errors or \nadditional uncertainties may need to be considered when the mass standards are slightly less than the volume or container being measured. \n2.3.2 Sufficient quantity of calibrated mass standards. Mass standards are \nselected so that they are slightly larger than the combined mass of the \nvolume and container or transfer vessel that will be weighed. When summations of masses are used, the summation mass is used, and the “effective density” must be calculated, taking care not to use “average” density values. \n \n2.3.3 Thermometer with resolution and uncertainty less than 0.1 °C to \ndetermine water temperature. \n \n2.3.4 Thermometer with resolution and uncertainty less than 0.50 °C to \ndetermine air temperature.\n 1 \n January 2016 \nSOP 14 Page 4 of 19 2.3.5 Barometer with resolution and uncerta inty less than 135 Pa (1 mm Hg) to \ndetermine air pressure.1 \n \n2.3.6 Hygrometer with resolution and uncerta inty less than 10 % to determine \nrelative humidity.1 \n \n2.3.7 Distilled or deionized water (See GLP 10) of sufficient quality and \nquantity for the calibration. Note: Do not use tap water for this procedure! \n \n2.3.8 Stopwatch or other suitable timing device (does not need to be calibrated.) \n \n2.4 General Considerations \n 2.4.1 Cleanliness checks \n \nVerify that all containers to be calibrated are clean as evidenced by uniform drainage of water. No water droplets should remain on any \ninterior surface as the water drains from the container. A reproducible “wet-down” weight is evidence for cleanliness in cases where it is not \npossible to visually check for uniform drainage. Use GMP 6 or 7 to clean vessels as necessary. All glassware must be meticulously cleaned, prior to calibration. When clean, the walls will be uniformly wetted. Instructions \nfor cleaning are given in GMP 6 and GMP 7. An exception is plastic ware, \nwhich will not be wetted. Follow manufacturer's instructions for cleaning such vessels. Do not use cleaning agents that will attack, discolor, or swell \nplastic ware. \n 2.4.2 Use water that is thermally equilibra ted with the laboratory environment. \nEquilibration can be achieved by storing the water in clean containers in \nthe laboratory. It is important to us e water that is equilibrated in the \nlaboratory as much as possible to mi nimize potential calibration errors and \nconvection currents during the calibration. Consider water to be equilibrated when within ± 5 °C of the laboratory temperature. \n \n2.4.3 Volumetric calibrations to a marked volume (graduation line) are critically \ndependent on the setting of a meni scus. See GMP 3 for guidance in \nreading a meniscus. \n \n2.4.4 Use GLP 13 as the procedure to dry any container to be calibrated on a \n“To Contain” basis. \n \n2.4.5 Wet down (not used for any container calibrated “To Contain”) \n \nFor glassware and hand-held test measures: Fill the container to capacity with distilled or deionized water, then empty over a 30 s period while avoiding splashing. Drain for 10 s unle ss another drain time is specified. January 2016 \nSOP 14 Page 5 of 19 (This is commonly called a “30 s pour, 10 s drain” emptying procedure.) \nA 30 s (± 5 s) pour followed by a 10 s drain, with the measure held \nbetween a 10 degree and 15 degree angle from vertical is required during \ncalibration and use for glass flasks . A wet-down is not required for a \ntransfer vessel that is used to weigh a delivered volume of water. For stationary provers: Fill the container to capacity with distilled or deionized water, then empty. Time the drain once the cessation of the \nmain flow is complete for 30 s and close the valve. \n \n2.5 Calibration Procedure for Burets \n \n2.5.1 Clamp the buret vertically on a support stand. Also clamp a plain glass test \ntube or beaker, large enough to hold a th ermometer, in the vicinity of the \nburet. \n 2.5.2 Fill the buret with water and test fo r absence of leaks from the tip and \nstopcock. Drain and fill several times to condition the buret. Fill when ready to test. \n \n2.5.3 Drain and record the delivery time, defined as the time of unrestricted \nflow from the zero mark to the lowest graduation mark with the stopcock fully open. \n \n2.5.4 Fill the buret slightly above the zero mark with temperature-equilibrated \nwater and also fill the test tube that holds the thermometer. Record the \nwater temperature. \n \n2.5.5 Set the meniscus on the zero mark and touch the tip with the wetted wall \nof a beaker to remove any excess water. The buret tip must be full. \n2.5.6 Measure and record the air temperature, air pressure, and relative \nhumidity. \n2.5.7 Zero the balance and then place a known mass standard on the balance pan \nthat is slightly larger than the fille d capacity of the empty transfer vessel \nor flask when filled with water. Record the reading as O\n1. \n \n2.5.8 Zero the balance and then weigh an empty transfer vessel or flask \nincluding the stopper or cover to be used. Record as O 2. \n \n \n2.5.9 Fully open the stopcock and discharge th e contents of the buret into the \npreviously weighed flask or transfer vessel. The tip of the buret should be \nin contact with the wall of the flask. Wh en the level in the buret is within a \nfew millimeters above the line being calibrated, slow the discharge and January 2016 \nSOP 14 Page 6 of 19 make an accurate setting. When the setting is completed, move the flask \nhorizontally to break contact with the tip. Recheck the setting. \n \n2.5.10 Stopper (or cover) the filled transfer vessel or flask. Check to make sure \nthat the outside of the transfer vessel or flask is not wet. Zero the balance and then weigh the filled transfer vessel or flask. Record the balance reading as O\n3. \n \n2.5.11 Measure and record the temperature of water in the container. \n \n2.5.12 Test the next interval in the same manner - from the zero mark to the next \ninterval of test. \n \n2.5.13 For burets with a specified waiting time, empty as in 2.5.9 to within a few \nmillimeters of the calibration mark. Pause for the specified waiting time (e.g., 10 s), then adjust the meniscus to the graduation line as in 2.5.9. \n \n2.5.14 Measure and record the air temperature, air pressure, and relative \nhumidity. \n2.5.15 Make a duplicate determination for each interval (Run 2). \n \n2.5.16 Calculate the volume for each interval as described in Section 3, Option \nA. \n \n2.6 Calibration Procedure for Pipets (One-Mark) \n 2.6.1 Measure and record the air temperature, air pressure, and relative \nhumidity. \n2.6.2 Zero the balance and then place a known mass standard on the balance pan \nthat is slightly larger than the fille d capacity of the empty transfer vessel \nor flask when filled with water. Record the reading as O\n1. \n \n2.6.3 Zero the balance and then weigh an empty transfer vessel or flask, \nincluding the stopper or cover that will be used. Record the balance \nreading as O 2. \n \n2.6.4 Fill the pipet to the index mark and measure the delivery time with the tip \nin contact with the internal surface of a beaker (not the transfer vessel that \nwill be used.) \n 2.6.5 Refill the pipet by suction, slightly a bove the index line. Record the water \ntemperature. Wipe tip with filter pape r, then slowly lower level to the \nindex line, using a stopcock or pinch cl amp for fine control. The tip must January 2016 \nSOP 14 Page 7 of 19 be in contact with the wetted wall of the beaker while this setting is being \nmade. Do not remove any water remaining on tip at this time. \n \n2.6.6 Hold the pipet in a vertical position and deliver water into the previously \nweighed transfer vessel or flask, with the tip in contact with the inside \nwall or neck. \n \n2.6.7 After flow has ceased, wait two sec onds then remove the pipet from \ncontact with the flask. Check to make su re that the outside of the transfer \nvessel or flask is not wet. \n \n2.6.8 Stopper (or cover) the filled transfer vessel or flask. Zero the balance and \nthen weigh the transfer vessel or flask. Record the balance reading as O 3. \n \n2.6.9 Measure and record the temperature of water in the container. \n \n2.6.10 Measure and record the air temperature, air pressure, and relative \nhumidity. \n \n2.6.11 Make a duplicate determination for the pipet (Run 2). \n \n2.6.12 Calculate the volume as described in Section 3, Option A. \n \n2.7 Calibration of Flasks (To Contain) – Transfer vessel must not be used. \n \n2.7.1 Clean and dry the flask to be calibrated as described in GLP 13. Then \nstopper the flask. \n2.7.2 Measure and record the air temperature, air pressure, and relative \nhumidity. \n2.7.3 Zero the balance and then place a known mass standard on the balance pan \nthat is slightly larger than the fille d capacity of the flask when filled with \nwater. Record the reading as O\n1. \n \n2.7.4 Zero the balance and then weigh th e dry flask including its stopper or \ncover. Record the balance reading as O 2. \n \n2.7.5 Place an appropriate sized funnel in n eck and fill the flask to just below \nthe reference graduation while maneuvering the flask to wet the entire neck below the stopper. Let stand for two minutes then adjust the \nmeniscus to the reference graduation line, taking care to avoid wetting the \nneck above the capacity graduation. \n \n2.7.6 Check that the outside surface of the flask, and its internal surface above \nthe water level are dry, and that neither bubbles or foam are present in the \nwater. Remove visible water droplets if needed with a laboratory wipe. January 2016 \nSOP 14 Page 8 of 19 Stopper or cover the flask. \n \n2.7.7 Zero the balance and then weigh the filled flask and its stopper or cover, \nand record the balance reading as O 3. \n 2.7.8 Measure and record the temperature of the water in the flask or other \ncontainer. \n \n2.7.9 Measure and record the air temperature, air pressure, and relative \nhumidity. \n2.7.10 Make a duplicate determination (Run 2) after drying the flask per GLP 13. \n \n2.7.11 Perform volume calculations as described in Section 3, Option A. \n \n2.8 Calibration of Flasks (To Deliver) \n 2.8.1 Clean but do not dry the flask to be calibrated. Condition the flask by \nfilling and emptying the flask over a 30 s period by gradually inclining it \nto avoid splashing. When the main flow has ceased, hold the flask in a \nnearly vertical position for 10 seconds unless another drain time is specified, then touch off the drop of water adhering to the tip of the flask. \n \n2.8.2 Measure and record the air temperature, air pressure, and relative \nhumidity. \n2.8.3 Zero the balance and then place a known mass standard on the balance pan \nthat is slightly larger than the fille d capacity of the flask when filled with \nwater. Record the reading as O\n1. \n \n2.8.4 Zero the balance and then weigh the drained (empty) flask including its \nstopper or cover. Record the balance reading as O 2. \n \n2.8.5 Fill the flask to just below the refere nce graduation. Let the flask stand for \ntwo minutes, then adjust the meniscus to the reference graduation line. Do not dry the inside of the flask above the graduation line, but take care to \nensure that the outside of the flask is dry. \n \n2.8.6 Zero the balance and then weigh the filled vessel, with cap or stopper. \nRecord the balance reading as O 3. \n 2.8.7 Measure and record the temperature of the water in the flask. \n \n2.8.8 Measure and record the air temperature, air pressure, and relative \nhumidity. January 2016 \nSOP 14 Page 9 of 19 \n2.8.9 Make a duplicate determination (Run 2). \n \n2.8.10 Calculate the volume of the flask as described in Section 3, Option A. \n Note: The order of weighing the filled and drained flask in Section 2.8 may be reversed. In that \ncase, the filled vessel is still weighed and recorded as O\n3, the flask is drained as in 2.8.1, and the \nproperly drained vessel is weighed and recorded as O 2. \n \n2.9 Calibration of Other Volumetric Glassware \n 2.9.1 Measuring Pipets (non-single-mark) – Ca librate in a manner similar to that \nused to calibrate burets (2.5). \n 2.9.2 Graduated Cylinders – Calibrate in a manner similar to that used for flasks \n(To Deliver cylinders, use section 2.8; To Contain cylinders, use section \n2.7). \n \n2.10 Calibration of Slicker-Plate Type Standards \n 2.10.1 This calibration makes use of Option B where equivalent mass standards \nare used at both the filled and empty loads on the balance. A transfer vessel is recommended. \n 2.10.2 Condition the slicker-plate type standa rds with several wet-down runs to \nfully ensure wet down and smooth valve operation. \n \n2.10.3 Measure and record the air temperature, air pressure, and relative \nhumidity. \n2.10.4 Zero the balance and then place a standard mass, M\nS1, on the balance \nplatform (M S1 should be slightly larger than the mass of the drained \nvessel, dry vessel, or empty transfer vessel.) Record reading as O 1. \n \n2.10.5 Zero the balance. Place the dry or “wet-down” transfer vessel on the \nbalance platform, as appropriate, and record reading as O2. Caution: all \ncontainers must be dry on the outside for all weighing. \n2.10.6 Fill the slicker-plate standard to just above the rim of the standard. Record \nthe water temperature. Slide the slicker plate across the level top. Set the transfer vessel below the nozzle to ensu re all volume is transferred into the \nvessel and that no splashing occurs. \n 2.10.7 Open the slicker-plate standard valve and remove the plate simultaneously \nand smoothly to deliver the water into the transfer vessel. Time the drain \nfor 30 s after cessation of the main fl ow and close the valve. Cover the \ntransfer vessel and move it from beneath the standard to ensure additional January 2016 \nSOP 14 Page 10 of 19 drops of water are not transferred. Note: never fill the transfer vessel while \nit is sitting on the balance platform to ensure that the balance is not \ndamaged with water and to avoid errors associated with balance drift and hysteresis. \n \n2.10.8 Zero the balance and then place a standard mass, M\nS2, on the balance \nplatform ( MS2 should be slightly larger than the mass of the filled vessel.) \nRecord the balance reading as O3. \n \n2.10.9 Zero the balance and then weigh the filled transfer vessel and record the \nbalance reading as O4. \n \n2.10.10 Immediately after weighing, check the temperature of the water in the \nfilled container. Ensure that the water has not changed by more than 0.2 °C during the measurement process or repeat the run. \n \n2.10.11 Measure and record the air temperature, barometric pressure, and relative \nhumidity. \n \n2.10.12 Make a duplicate determination (Run 2). \n \n2.10.13 Calculate the volume as described in Section 3, Option B. \n2.11 Calibration of Hand-held Graduated Neck Type Provers \n 2.11.1 A hand-held test measure is weighed empty and filled much like the \nprocedure for To Deliver flasks (section 2.8). However, this calibration makes use of Option B where equivalent mass standards are used at both the filled and empty loads on the balance. \n2.11.2 Condition the test measure by filling and draining using a 30 s pour \nfollowed by a 10 s drain. Take care to avoid splashing of water on the outside of the measure. The wet-down will help equilibrate the test measure with the water temperature. \n 2.11.3 Measure and record the air temperature, air pressure, and relative \nhumidity. \n2.11.4 Zero the balance and then place standard masses, M\nS1, on the balance \nplatform (M S1 should be slightly larger than the mass of the drained \nvessel.) Record reading as O 1. \n \n2.11.5 Zero the balance and then place the “wet-down” test measure on the \nbalance platform, and record the balance reading as O2. Caution: all \ncontainers must be dry on the outside for all weighing. January 2016 \nSOP 14 Page 11 of 19 2.11.6 Fill the graduated neck type test measure to just below the nominal \nvolume mark. Record the water temperature. Adjust the meniscus to nominal. \n 2.11.7 Zero the balance and then place standard masses, M\nS2, on the balance \nplatform ( MS2 should be slightly larger than the mass of the filled vessel.) \nRecord the balance reading as O3. \n \n2.11.8 Zero the balance and then weigh the filled transfer vessel and record the \nbalance reading as O4. \n \n2.11.9 Immediately after weighing, check the temperature of the water in the \nfilled container. Ensure that the water has not changed by more than 0.2 °C since step 2.11.6 or repeat the run. \n \n2.11.10 Measure and record the air temperature, barometric pressure, and relative \nhumidity. \n \n2.11.11 Make a duplicate determination (Run 2). \n \n2.11.12 Calculate the volume as described in Section 3, Option B. You may use \nthe average water temperature in ca lculations. If a neck scale plate \nverification is performed, additional weighings may be performed after setting the meniscus at each level. \n \n2.12 Calibration of Large Volume Graduated Neck Type Provers \n 2.12.1 This calibration makes use of Option B where approximately equivalent \nmass standards are used at both the filled and empty loads on the balance. A transfer vessel is recommended. The unknown vessel to be calibrated must be elevated to facilitate transfer of water into the transfer vessel. \n 2.12.2 Condition the prover with a wet-down run to fully ensure smooth valve \noperation, temperature equilibration, and wet-down of the delivery system. \n \n2.12.3 Measure and record the air temperature, air pressure, and relative \nhumidity. \n2.12.4 Zero the balance and then place standard masses, M\nS1, on the balance \nplatform (M S1 should be slightly larger than the mass of the drained \nvessel, dry vessel, or empty transfer vessel.) Record reading as O 1. \n \n2.12.5 Zero the balance. Place dry or “wet- down” transfer vessel including cover \non balance platform, as appropriate, and record reading as O2. Caution: \nall containers must be dry on the outside for all weighing. January 2016 \nSOP 14 Page 12 of 19 2.12.6 Fill the graduated neck type prover to just below the nominal volume \nmark. Record the water temperature. Adjust the meniscus to nominal. Set \nthe transfer vessel below the nozzle to ensure all volume is transferred into \nthe vessel and that no splashing occurs. Use hoses and piping of minimum length to avoid errors associated with retention during delivery. Hoses should be translucent so that cessation of the main flow is visible. Care \nshould be taken to ensure that there are no loops or sags in the hose that \nmay hold water. When using hoses or piping, be sure to include them as \npart of the wet-down process. \n 2.12.7 Open the unknown prover valve to deliv er the water into the transfer \nvessel. Time the drain for 30 s after the cessation of the main flow and \nclose the valve. Cover the transfer vessel and move it from beneath the prover to ensure additional drops of water are not transferred. \n \n2.12.8 Zero the balance and then place standard masses, M\nS2, on the balance \nplatform ( MS2 should be slightly larger than the mass of the filled vessel.) \nRecord the balance reading as O3. \n \n2.12.9 Zero the balance and then weigh the filled transfer vessel and its cover. \nRecord the balance reading as O4. \n \n2.12.10 Immediately after weighing, check th e temperature of the water in the \nfilled container. The temperature shoul d not change by more than 0.2 °C if \nthe prover and water have been equilibrated in the laboratory environment. \n \n2.12.11 Measure and record the air temperature, barometric pressure, and relative \nhumidity. \n \n2.12.12 Make a duplicate determination (Run 2). \n \n2.12.13 Calculate the volume as described in Section 3, Option B. You may use \nthe average water temperatures for calculations. \n \n3 Calculations \n 3.1 Option A – One-point balance calib ration. Compute the volume at the \ntemperature under test, V\nt, for each determination using the equation: \n \n \n \n\n\n\n\n\n\n\n\n\n 1 1 \n12 3\na w sa s\ntOMO O V\nEqn. 3.1 January 2016 \nSOP 14 Page 13 of 19 Note: the O 3 value is the filled volume container or transfer vessel and O 2 is the \ndry, empty, or drained value. If the order of any weighing operations were \nchanged, the calculated volume may indicate a negative value. \n3.2 Option B – Two point balance calibration. Compute the volume, V\nt, for each \ndetermination using the equation: \n \n \nTable 2. Variables for volume equations. \nVariable Description \n M s, M s1, \nMs2 mass of standards (i.e., true mass, vacuum mass) (g) \n s density of MS (g/cm3) \n w density of water at the temperature of measurement (g/cm3) \n a density of air at the conditions of calibration (g/cm3) \nVt represents either the “to contain” or “to deliver” volume (depending \non whether O2 represents a dry or a “wet down” container at the \ntemperature of the measurement) (cm3 or mL) \n \n3.3 Glassware is typically calibrated to 20 °C. Compute V20, the volume at 20 C, for \neach run, using the expression: \n \nwhere  is the cubical coefficient of expansion of the container being calibrated (°C-1), \n(see NISTIR 6969, Table 9.10), and, t, is the temperature (ºC) of the water. Compute the \nmean V20 for the duplicate measurements. \n \n \n3.4 Test measures and provers are typi cally calibrated to 60 °F. Compute V60, the \nvolume at 60 F, for each run, using the expression (taking care to use the cubical \ncoefficient of expansion in °F-1): \n \n \n3.5 If using a different reference temperat ure, use the following equation and take \ncare to match the cubical coefficient of expansion units with the units of \ntemperature: \n  ) 20 - t ( - 1 V Vt 20  20 1 20  t V Vt\n\n\n\n\n\n\n\n\n\n\n \n\n\n  1 1 OO 1 OO \n11\n12\n22\n34\na w sa\ns\nsa\ns t M M V\n\n t 1 ref ef  t V Vt r Eqn. 3.3 \nEqn. 3.4  60 1 60  t V Vt\nEqn. 3.5 Eqn. 3.2 January 2016 \nSOP 14 Page 14 of 19 3.6 Other Reference temperatures may be used. Common reference temperatures for \nother liquids follow: \nCommodity Reference \nTemperature \nFrozen food labeled b y volume (e.g., fruit juice) -18 ºC (0 ºF) \nBeer 3.9 ºC (39.1 ºF ) \nFood that must be ke pt refri gerated (e.g., milk ) 4.4 ºC (40 ºF ) \nDistilled s pirits or petroleu m 15.56 ºC (60 ºF ) \nPetroleum (International Reference ) 15 ºC (59 ºF ) \nCom pressed Natural Gas (CNG ) 15 °C (60 ºF ) \nWine 20 ºC (68 ºF) \nUnrefrigerated liquids (e.g., sold unchilled, like soft drinks) 20 ºC (68 ºF) \nHydrogen (H 2) 21 ºC (70 ºF) \nPetroleum (Hawaii) 26.67 ºC (80 ºF) \n 3.7 Calculate and report the mean volume of the volumetric standard at its applicable \nreference temperature. If adjustments were made during replicate runs, report the “as found” volume or the mean of “as found” volumes and also th e “as left” volume or mean of “as left” \nvolumes, as applicable, at the appropriate reference temperature. (I.e., do not calculate a mean value by combining “as found” and “as left” values when \nadjustments are made.) \n \n4 Measurement Assurance \n 4.1 Duplicate the process with a suitable check standard (See GLP 1, SOP 30, in \nNISTIR 6969, or Sec. 7.4, in NBS Handbook 145) or conduct replicate measurements per SOP 17 or 20. Average values of the range or standard \ndeviation of similarly sized flasks or volumetric standards may be tracked on a \nsingle range chart or standard devia tion chart according to SOP 17 or 20. For \nstandards that may be and are adjusted, do not combine an “as found” value with \nan “as left” value for the two runs entere d into the chart; use the adjusted value \nfrom Run 1 and the value from Run 2, both at the applicable reference \ntemperature, when entering values in a st andard deviation or range chart. Control \nchart run values must both be from either before adjustment or after adjustment. A minimum of 12 replicate measurements are required to establish initial process \nlimits and 25 to 30 points are required for reporting valid uncertainty values. \n 4.2 Plot the calculated check standard volume and verify it is within established \nlimits. A t-test may be incorporated to check the observed value against an \naccepted value. \n 4.3 The mean of the calculated check standard values is used to evaluate bias and \ndrift over time and may be used to identify or signify problems with the volume standard or changes in water quality. \n January 2016 \nSOP 14 Page 15 of 19 4.4 Check standard observations are used to calculate the standard deviation of the \nmeasurement process, sp. \n \n5 Assignment of Uncertainties \n \nThe limits of expanded uncertainty, U, include estimates of the standard uncertainty of \nthe mass standards used, uc, plus the measurement process repeatability, sp, and the \nadditional items noted below and in the uncertainty budget table, Table 3, at approximately a 95 percent level of confidence. See SOP 29 for the complete standard operating procedure for calculating the uncertainty. \n \n5.1 The standard uncertainty for the standards, u\ns, is obtained from the calibration \nreport. The combined standard uncertainty, uc, is used and not the expanded \nuncertainty, U, therefore the reported uncertainty for the standard will usually \nneed to be divided by the coverage factor k. Multiple mass standards are often \nused, so see SOP 29 for treatment of dependencies and correlations. \n 5.2 Standard deviation of the measuremen t process from control chart performance \n(See SOP No. 17 or 20.) \n The value for s\np is obtained from the control chart data for check standards when \na check standard is available using this pr ocedure. It may also be estimated based \non replicate measurements over time. Replicate measurements over time may provide a pooled standard deviation that ma y be used or the average range is used \nto estimate the standard deviation per SO P 17 or 20. This standard deviation value \nis a repeatability factor related to the precision of the weighings and the setting of the meniscus when present, but does not include uncertainties associated with \nerrors in reading the meniscus (See GMP 3.) \n 5.3 Include uncertainties associated with the reading of the meniscus when one is \npresent. See GMP 3 for details. \n 5.4 Other standard uncertainties usually included at this calibration level include \nuncertainties associated with water temperature measurements, thermometer accuracy, calculation of air density, standa rd uncertainties associated with the \ndensity of the mass standards, coefficien ts of expansion, viscosity or surface \neffects on the volume of liquid clinging to vessel walls after draining, improper \nobservance of drainage times, and the lack of internal cleanliness. \n 5.5 Example components to be considered fo r an uncertainty budget table are shown \nin Table 3. Multiple values may need to be considered in some cases. \n January 2016 \nSOP 14 Page 16 of 19 Table 3. Example uncertainty budget table. \nUncertainty Component \nDescription Symbol Source Typical Distribution \nUncertainty of the standard \nmass(es) (5.1) us Calibration report Rectangular or \nNormal divided by \ncoverage factor \nAccepted standard deviation of the process (5.2) s\np Control chart, standard \ndeviation chart Normal \nWater temperature utx Consider accuracy, resolution, \nand gradients Rectangular \nWater density uρw GLP 10 Rectangular \nCubical Coefficient of \nExpansion uCCE 5 % to 10 % \n(EURAMET CG-19) Rectangular \nMeniscus reading (when present) \n(5.3) um GMP 3 Triangular \nDrain time effects ud From experimental data Rectangular \nAir temperature (for air density) ut SOP 2 Rectangular \nAir pressure (for air density) up SOP 2 Rectangular \nAir relative humidity (for air \ndensity) uRH SOP 2 Rectangular \nAir density (equation) uρa SOP 2 Rectangular \nMass density uρm 0.05 g/cm3 \nNIST Reference Rectangular \n \n6 Calibration Certificate \n \n6.1 Report results as described in SOP 1, Preparation of Calibration \nCertificates, with the addition of the following: \n \n6.1.1 “To Contain” or “To Deliver” volume, reference temperature, \nuncertainty, material, thermal coe fficient of expansion (assumed or \nmeasured), construction, any identifying markings, tolerances (if appropriate), laboratory air temperature, water temperature(s) at time of test, barometric pressure, relative humidity, and any out-of-tolerance conditions. \n \nAdditional References: \n \nBean, V. E., Espina, P. I., Wright, J. D., Houser , J. F., Sheckels, S. D., and Johnson, A. N., NIST \nCalibration Services for Liquid Volume, NIST Sp ecial Publication 250-72, National Institute of \nStandards and Technology, Gaithersburg, MD, (2009). EURAMET Calibration Guide 19, Guidelines on the Determination of Uncertainty in \nGravimetric Volume Calibration, (Version 2.1, 03/2012). January 2016 \nSOP 14 Page 17 of 19 Appendix A (Single-Point Balance Calibration) \nGravimetric Calibration Data Sheet (Option A) \n \nLaboratory data and conditions : \nVessel ID Operator \nMaterial Date \nCubical Coefficient of Expansion Before After \nBalance Identification Temperature \nLoad Pressure \nStandard deviation of the process, \nfrom control chart, sp Relative Humidity \nDegrees of Freedom Reference water \ntemperature \n \nMass standard(s) data: \nID (Note ID and for Filled \nor Empty Load) Nominal Mass Correction* Expanded Unc: \nFrom cal. report Unc: \nk factor Density \ng/cm3 \nS \nS \nS \nS \nS \n*Mass Correction = True Mass values are required. \n \nObservations: \nRun 1 Weights – Zero balance before each weighing. Balance Observations, Units______ \nMS O1 \nEmpty or Drained O2 \nFilled O3 \ntw \nRun 2 Weights – Zero balance before each weighing. Balance Observations, Units______ \nMS O1 \nEmpty or Drained O2 \nFilled O3 \ntw \n January 2016 \nSOP 14 Page 18 of 19 Appendix B (Two-Point Balance Calibration) \nGravimetric Calibration Data Sheet (Option B) \n \nLaboratory data and conditions : \nVessel ID Operator \nMaterial Date \nCubical Coefficient of Expansion Before After \nBalance Temperature \nLoad Pressure \nStandard deviation of the process, \nfrom control chart, sp Relative Humidity \nDegrees of Freedom Reference water \ntemperature \n \nMass standard(s) data: \nID (Note ID for Empty \n(MS1) or Filled (M S2) \nLoads) Nominal Mass Correction* Expanded Unc: \nFrom cal. report Unc: \nk factor Density \ng/cm3 \nS \nS \nS \nS \nS \nS \nS \n*Mass Correction = True Mass values are required. \n \nObservations: \nRun 1 Weights – Zero balance before each weighing. Balance Observations, Units______ \nMs1 O1 \nEmpty or Drained O2 \nMS2 O3 \nFilled O4 \ntw in standard: tw in unknown: Temperature change is less than 0.2 °C? Y/N \nRun 2 Weights – Zero balance before each weighing. Balance Observations, Units______ \nMs1 O1 \nEmpty or Drained O2 \nMS2 O3 \nFilled O4 \ntw in standard: tw in unknown: Temperature change is less than 0.2 °C? Y/N \n January 2016 \nSOP 14 Page 19 of 19 Appendix C \n \nTest Notes for Large Provers \n \n1 Pour and drain times. \n It is impractical to completely drain a filled container, because some of the contents will \nremain as a film. By strict adherence to a specified procedure, the residual contents can \nbe held essentially constant so that, repr oducible calibration constants can be obtained. \nThe conventionally selected conditions are as follows: \n \na. For bottom-drain containers: open drai n valve fully and allow contents to \ndischarge at maximum rate. When flow ceases, wait 30 s, close valve, and touch \noff any drops adhering to spout. \n b. For pour-type containers: pour contents by gradually tilting container to an 85º \nangle, so that virtually all liquid is de livered in 30 s. Allow to drain for an \nadditional 10 s, then touch off any drops adhering to the lip. \n \nThe instructions described above must be precisely followed during calibration and use \nof the calibrated vessels. \n 2 Evaporation losses. \n \nA suitable cap should be placed on the top of open vessels to minimize evaporation \nlosses. If used, the cap must be included in all weighings. \n 3 Slicker-plate. When a slicker-plate standard is calibrated, th e plate should be used to fix the water level \nin it. A transfer vessel is recommended for use when calibrating a slicker-plate type standard. But if the standard is weighed, th e plate must be weighed with the standard \nduring each such operation. \n " }

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{ "pdf_file": "74JU6CDDK5QMBF2HTCNUWTUTJZJONVWI.pdf", "text": "FORMATTING NOTE: \nIn initiatives, legislative bills and other proposed measures, language that is to \nbe deleted from current statutes is represented by a \"strikethrough\" character and \nlanguage that is to be added is underlined. Because these special characters \ncannot be formatted in all Internet browsers, a different set of symbols is used \nfor presenting these proposals on-line. The symbols are as follows: \n• Text that is surrounded by (({- text here -})) is text that will be DELETED \nFROM the existing statute if the proposed measure is approved. \n• Text that is surrounded by {+ text here +} is text that will be ADDED TO the \nexisting statute if the proposed measure is approved. \n• {+ NEW SECTION+} (found at the beginning of a section or paragraph) \nindicates that ALL of the text in that section will become law if the proposed measure is approved. \n * * * \n \nINITIATIVE 710 \n \nAN ACT Relating to limiting taxes; amending RCW 84.55.0101; \nreenacting and amending RCW 84.55.005; adding new sections to chapter \n84.55; adding a new section to chapter 84.36 RCW; creating a new \nsection; and repealing RCW 84.55.092. \n \nBE IT ENACTED BY THE PEOPLE OF THE STATE OF WASHINGTON: \n \nLIMITING TAXES BY INVALIDATING 1999 TAX INCREASES IMPOSED WITHOUT VOTER \nAPPROVAL \n \n {+ NEW SECTION. +} Sec. 1. A new section is added to chapter \n84.55 RCW to read as follows: \n (1) Any tax increase adopted by the state from July 2, 1999, \nthrough December 31, 1999, is null and void and of no effect. All \ntaxes collected as a result of such tax increases shall be refunded to \nthe taxpayer. \n (2) For the purposes of this section, \"tax\" includes, but is not \nnecessarily limited to, sales and use taxes; property taxes; business \nand occupation taxes; fuel taxes; impact fees; license fees; permit \nfees; water, sewer, and other utility charges, including taxes, rates, \nand hook-up fees; and any other excise tax, fee, or monetary charge \nimposed by the state. \n (3) For the purposes of this section, \"tax\" does not include: \n (a) Higher education tuition; \n (b) Civil and criminal fines and other charges collected in cases \nof restitution or violation of law or contract; and \n (c) The price of goods offered for sale by the state. \n (4) For the purposes of this section, \"tax increase\" includes, but \nis not necessarily limited to, a new tax, a monetary increase in an \nexisting tax, a tax rate increase, an expansion in the legal definition \nof a tax base, and an extension of an expiring tax. \n (5) For the purposes of this section, \"tax increase\" does not \ninclude taxes approved by a vote of the people. \n (6) For the purposes of this section, \"state\" includes, but is not \nnecessarily limited to, the state itself and all its departments and \nagencies, any city, county, special district, and other political \nsubdivision or governmental instrumentality of or within the state. \n LIMITING TAXES BY EXEMPTING VEHICLES FROM PROPERTY TAXES \n \n {+ NEW SECTION. +} Sec. 2. A new section is added to chapter \n84.36 RCW to read as follows: \n (1) Vehicles are exempted from property taxes. \n (2) For purposes of this section, \"vehicles\" include all vehicles \nlicensed under chapter 46.16 RCW including, but not necessarily limited \nto, personal and business owned cars, trucks, sport utility vehicles, \nmotorcycles, motor homes, campers, travel trailers, and mobile homes \nheld as inventory. \n (3) The purpose of this section is to exempt from property taxes \nall vehicles previously exempted from property taxes prior to the \nadoption by the people of Initiative Measure No. 695, the $30 License \nTab Initiative. \n \nLIMITING TAXES BY SETTING PROPERTY TAX VALUATIONS TO 1999 LEVELS \n \n {+ NEW SECTION. +} Sec. 3. A new section is added to chapter \n84.55 RCW to read as follows: \n (1) The valuation of every parcel of property is set to 1999 \nlevels. \n (2) For purposes of this section: \n (a) \"Property\" means real property; and \n (b) \"1999 levels\" means the true and fair value of property on \nJanuary 1, 1999. \n (3) All real property not already assessed at the true and fair \nvalue of property on January 1, 1999, shall be reassessed to reflect \nthat valuation. \n \nLIMITING TAXES BY LIMITING GROWTH OF PROPERTY TAX VALUATIONS TO 2% PER \nYEAR \n \n {+ NEW SECTION. +} Sec. 4. A new section is added to chapter \n84.55 RCW to read as follows: \n (1) The valuation of property can only be increased by the rate of \ninflation, not to exceed 2% per year and only if the value of the \nproperty increases. \n (2) Property valuations shall be reset to reflect values on January \n1, 1999, and thereafter, shall be reset to market value when a change \nof ownership occurs or the property is newly constructed or \nmanufactured. When property valuation is reset due to new construction \nor manufacture, the new valuation may increase only to the extent the \nnew construction or manufacture increases the present market value of \nthe property. \n (3) For purposes of this section: \n (a) \"Property\" means real and personal property; \n (b) \"Inflation\" means the percentage change in the implicit price \ndeflator for personal consumption expenditures for the United States as \npublished for the most recent twelve-month period by the bureau of \neconomic analysis of the federal department of commerce in September of \nthe year before the taxes are payable; \n (c) \"Change of ownership\" shall not include the transfer of real \nproperty to a spouse or to a trustee for the benefit of a spouse; and \n (d) \"Newly constructed\" does not include reconstruction after fire \nor other natural disaster and does not include maintenance or \nreplacement of existing components, such as roofs, siding, windows, and \ndoors. \n (4) Property tax valuations shall be reduced when there is a decline in value. \n (5) This section is the method for determining true and fair value \nof property for purposes of chapters 84.40 and 84.41 RCW. By \ndetermining true and fair value of property in this manner, real \nproperty taxes will be stabilized, uniform, and predictable for all \nproperty owners because all property will be valued at 1999 levels and \nincreased by the lesser of the inflation rate or 2% per year and \nincreased only when taxpayers choose to change ownership or construct \non the property. Therefore, all current and future property owners \nwill have the same benefit of knowing that their property's valuation \nfor tax purposes will not increase beyond 2% per year without a change \nof ownership or improvement to the property. This guarantees that \nproperty taxes will be predictable and uniform for every present and \nfuture property owner in this state. This predictability also promotes \nneighborhood preservation, continuity, and stability in a manner which \ntreats all property taxpayers uniformly. \n \nLIMITING TAXES BY LIMITING GROWTH OF PROPERTY TAXES TO 2% PER YEAR \n \n Sec. 5. RCW 84.55.005 and 1997 c 393 s 20 and 1997 c 3 s 201 are \neach reenacted and amended to read as follows: \n As used in this chapter: \n (1) \"Inflation\" means the percentage change in the implicit price \ndeflator for personal consumption expenditures for the United States as \npublished for the most recent twelve-month period by the bureau of \neconomic analysis of the federal department of commerce in September of \nthe year before the taxes are payable; \n (2) \"Limit factor\" means: \n (a) For taxing districts with a population of less than ten \nthousand in the calendar year prior to the assessment year, one hundred \n(({- six -})) {+ two +} percent; \n (b) For taxing districts for which a limit factor is authorized \nunder RCW 84.55.0101, the lesser of the limit factor under that section \nor one hundred (({- six -})) {+ two +} percent; \n (c) For all other districts, the lesser of one hundred (({- six - \n})) {+ two +} percent or one hundred percent plus inflation; and \n (3) \"Regular property taxes\" has the meaning given it in RCW \n84.04.140. \n \n Sec. 6. RCW 84.55.0101 and 1997 c 3 s 204 are each amended to read \nas follows: \n Upon a finding of substantial need, the legislative authority of a \ntaxing district other than the state may provide for the use of a limit \nfactor under this chapter of one hundred (({- six -})) {+ two +} \npercent or less. In districts with legislative authorities of four \nmembers or less, two-thirds of the members must approve an ordinance or \nresolution under this section. In districts with more than four \nmembers, a majority plus one vote must approve an ordinance or \nresolution under this section. The new limit factor shall be effective \nfor taxes collected in the following year only. \n \nLIMITING TAXES BY REPEALING LAW WHICH ALLOWS \"STOCKPILING\" OF FUTURE \nPROPERTY TAX INCREASES \n \n {+ NEW SECTION. +} Sec. 7. RCW 84.55.092 (Protection of future \nlevy capacity) and 1998 c 16 s 3, 1988 c 274 s 4, & 1986 c 107 s 3 are \neach repealed. \n CONSTRUCTION CLAUSE \n \n {+ NEW SECTION. +} Sec. 8. The provisions of this act are to be \nliberally construed to effectuate the policies and purposes of this \nact. \n \nSEVERABILITY CLAUSE \n \n {+ NEW SECTION. +} Sec. 9. If any provision of this act or its \napplication to any person or circumstance is held invalid, the \nremainder of the act or the application of the provision to other \npersons or circumstances is not affected. \n --- END --- \n " }

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{ "pdf_file": "DXPFLLZRFX6PVX7MBUEEPEVO6AJTVUDR.pdf", "text": "75Office of the Assistant Secretary, HUD §881.601\nthis vacancy payment, exceeds the con-\ntract rent, the excess must be repaid as\nHUD directs.\n(3) For a vacancy that exceeds 60\ndays, a housing assistance payment for\nthe vacant unit will be made, subject\nto the conditions in § 881.611, in an\namount equal to the principal and in-\nterest payments required to amortize\nthat portion of the debt attributable to\nthe vacant unit for up to 12 additional\nmonths.\n(e) Payment of utility reimbursement.\nWhere applicable, the Utility Reim-\nbursement will be paid to the Family\nas an additional Housing Assistance\nPayment. The Contract will provide\nthat the Owner will make this payment\non behalf of the contract adminis-\ntrator. Funds for this purpose will be\npaid to the Owner in trust solely for\nthe purpose of making the additional\npayment. If the Family and the utility\ncompany consent, the Owner may pay\nthe Utility Reimbursement jointly to\nthe Family and the utility company or\ndirectly to the utility company.\n[45 FR 7085, Jan. 31, 1980, as amended at 49\nFR 19944, May 10, 1984; 61 FR 13591, Mar. 27,\n1996]\n§881.502 Term of contract.\n(a) Term (except for Manufactured\nHome Parks). The term of the Contract\nwill be as follows:\n(1) Where the estimated cost of the\nrehabilitation is less than 25 percent of\nthe estimated value of the project after\ncompletion of the rehabilitation, the\ncontract will be for a term of 20 years\nfor any dwelling unit.\n(2) Where the estimated cost of reha-\nbilitation is 25 percent or more of the\nestimated value of the project after\ncompletion of rehabilitation, the con-\ntract may be for a term which:\n(i) Will cover the longest term, but\nnot less than 20 years, of a single credit\ninstrument covering:\n(A) The cost of rehabilitation, or\n(B) The existing indebtedness, or\n(C) The cost of rehabilitation and the\nrefinancing of the existing indebted-\nness, or\n(D) The cost of rehabilitation and the\nacquisition of the property; and(ii) For assisted units in a project fi-\nnanced with the aid of a loan insured\nor co-insured by the Federal govern-\nment or a loan made, guaranteed or in-\ntended for purchase by the Federal gov-\nernment, will be 20 years for any dwell-\ning unit; or\n(iii) For units in a project financed\nother than as described in paragraph\n(a)(2)(ii) of this section will not exceed\n30 years for any dwelling unit except\nthat this limit will be 40 years if (A)\nthe project is owned or financed by a\nloan or loan guarantee from a state or\nlocal agency, (B) the project is in-\ntended for occupancy by non-elderly\nfamilies and (C) the project is located\nin an area designated by HUD as one\nrequiring special financing assistance.\n(b) Term for manufactured home parks.\nFor manufactured home units or spaces\nin substantially rehabilitated manufac-\ntured home parks, the term of the Con-\ntract will be 20 years.\n(c) Staged projects. If the project is\ncompleted in stages, the term of the\nContract must relate separately to the\nunits in each stage. The total Contract\nterm for the units in all stages, begin-\nning with the effective date of the Con-\ntract for the first stage, may not ex-\nceed the overall maximum term allow-\nable for any one unit under this sec-\ntion, plus two years.\n[48 FR 12707, Mar. 28, 1983, and 49 FR 17449,\nApr. 24, 1984]\n§881.503 Cross-reference.\nAll of the provisions of §§ 880.503,\n880.504, 880.505, 880.506, 880.507, and\n880.508 of this chapter apply to projects\nassisted under this part, subject to the\nrequirements of §881.104.\n[61 FR 13592, Mar. 27, 1996]\nSubpart FÐManagement\n§881.601 Cross-reference.\nAll of the provisions of part 880, sub-\npart F, of this chapter apply to\nprojects assisted under this part, sub-\nject to the requirements of § 881.104.\n[61 FR 13592, Mar. 27, 1996]\nVerDate 06<MAY>99 14:07 May 28, 1999 Jkt 183077 PO 00000 Frm 00069 Fmt 8010 Sfmt 8010 Y:\\SGML\\183077T.XXX pfrm07 PsN: 183077T" }

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{ "pdf_file": "RI2EFC7G35NUUXG5XEXZL7S2JTPG25NY.pdf", "text": "Precision Indoor Location and Tracking \nThe Geospatial Location Accountability and Navigation Sys-\ntem for Emergency Responders (GLANSER) project is a part \nof the First Responder Technology Program within DHS S&T Directorate, Infrastructure Protection Disaster Management D i-\nvision (IDD). The GLANSER project satisfies the Incident Ma n-\nagement Integrated Projects Team’s high -priority technological \nneed for personnel monitoring. The project builds on previous \nefforts from S&T concept exploration of Advance 3 -D Location \nSystem effort (RTAP BAA05 -01 EH4) and the 3 -D Visualization \nSystem to s how First Responders and Assets within Building \nStructures in Urban Areas for Situational Awareness effort \n(SBIR06.02- 005). The primary objectives of GLANSER are: \n•Improve the precision of locating first responders du r-\ning an incident in complex environments and in non -\nGPS environments (i.e. subterranean structures, co l-\nlapsed buildings, sky -scrapers)\n•Provi de incident commanders the ability to accurately\nlocate and track hundreds of personnel in real -time to\nrapidly and effectively re -deploy and save at -risk r e-\nsponders during an incident\n•Increase situational awareness of the incident by\nproviding a 2D/3D view of the building superimposedwith the locations of the first responders and their statusthrough a 2 -way alarm/status communication feature .\nOperational concept for GLANSER \nThis pr\noject saves the lives of first responders by allowing the \nIncident Command Post to track, locate, and direct teams to res-cue at -risk/down personnel during emergency events. \nGLANSER increase s responder survivability by allowing for \nquicker egress of an incident using logged track information. In \naddition, the system will provide HSPD -8 compliance through \nadoption of appropriate first responder equipment standards that support nationwide interoperability and other capabilities co n-\nsistent with the national p reparedness goals. \nKey Contributions and Deliverables from Science \nand Technology \nGLANSER will provide position information, alarms, commun i-\ncations, and visual presentations to incident commanders. A d-\nvances in science and technology from this project inclu de de-\nveloping technology to increase 3- D positional accuracy to wit h-\nin 3 meters in non- GPS environments, increase communication \nrange in complex indoor non -line-of-sight environments, provide \ndevice operational life up to 6 hours, and to decrease overall \npackage weight to less than 2 lb. Project deliverables include: \nwearable 3 -D Locator Pack(s) for Responders; robust wireless \nmesh data network with 2 -way alarm/status communications; \nand 3 -D Visualization user interface product for responder’s geo -\nreferenced location and tracks for the Incident Command Post. \nCustomers, Users, Partnerships, and \nStakeholders \nThe primary customer for this project is the Federal Emergency \nManagement Agency (FEMA). When delivered, the system sup-ports a multitude of State/Local E mergency Managers and First \nResponders, who are the ultimate end -users of the product. In \naddition, S&T is working to leverage existing efforts being done in the Department of Defense (DOD) and other agencies. \nTransitioning technology to the Emergency \nResponder \nThe GLANSER system is being field -tested with numerous fire \ndepartments across the country to assess performance, reliability, \nease of deployment and use, interoperability, and consistency \nwith first responder procedures and equipment. Feedback from \nthese field trials will be used to further improve the technology \nand packaging to make it feasible for commercialization. The \ninitial strategy consists of FEMA endorsement of the product for \nuse by end -users through Authorized Equipment List (AEL) and \nthe Interagency Board (IAB) Standardized Equipment List (SEL). Also being discussed is procurement of the system through Commercial Equipment Direct Assistance Pro gram \n(CEDAP) in FEMA. \nDHS Science and Technology Directorate \n Geospatial Location Accountability and Navigation \nSystem for Emergency Responders Know WHERE they are… \n \nTo learn more about GLANSER , contact Jalal Mapar , Director RSD, at \njalal.mapar @hq.dhs.gov \n 20-03- 2013" }

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{ "pdf_file": "DFRZEHIYFOLYSRB7IE2V7DWZTAFX6BHH.pdf", "text": "2/17/09 - Halvorson Hosts Grand Opening of Joliet District Office\n(Joliet, IL) -\n \nU.S. Representative Debbie Halvorson today welcomed constituents and elected officials to her\nnew downtown Joliet office. The office, located at 116 N. Chicago St, Suite 401, is in the heart\nof the downtown business district and is walkable from Joliet's Union Station. The office will be\nthe main district office for Halvorson.\n \nDuring the event, Halvorson participated in a ribbon cutting ceremony and held an open house\nfor constituents. Halvorson also took the opportunity to speak about her commitment to\nconstituent services and her first month in Congress. Halvorson noted, \"Nothing is more\nimportant to me than good constituent services. That is what this job is all about-making sure\nwe're bringing government back to the people.\"\n \nHalvorson also discussed the recent passage of the economic recovery legislation, saying,\n\"Priority number one for me while in Washington, DC is figuring out ways we can reinvigorate\nthe economy and create jobs. However, I only plan on being in DC as much as necessary. For\nme to best represent the voters of the 11th District, I plan on traveling around the district often to\nhear what people are concerned about. \"\n \nThe staff at the Joliet office will be available for casework issues dealing with Federal agencies,\nsuch as passports, Social Security, Medicare, and veterans' benefits. Staff will also be available\nto speak about legislative issues of concern to 11th District voters. The office can be reached at\n815-726-4998.\n \n \n \n \n 1 / 1" }

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{ "pdf_file": "EIR7WZL6LLXE7N7TX5ZY4QKXPPZEISPQ.pdf", "text": "O AO 121 (6/90) \n TO:\nRegister of Copyrights\nCopyright OfficeLibrary of CongressWashington, D.C. 20559REPORT ON THE\nFILING OR DETERMINATION OF AN\nACTION OR APPEAL\nREGARDING A COPYRIGHT\nIn compliance with the provisions of 17 U.S.C. 508, you are he reby advised that a court action or appeal has been filed\non the following copyright(s):\nCOURT NAME AND LOCATION\nGACTION GAPPEAL\nDOCKET NO. DATE FILED\nPLAINTIFF DEFENDANT\nCOPYRIGHT\nREGISTRATION NO.TITLE OF WORK AUTHOR OR WORK\n 1\n 2 3 4 5\nIn the above-entitled case, the followi ng copyright(s) have been included:\nDATE INCLUDED INCLUDED BY\nGAmendment GAnswer GCross Bill GOther Pleading\nCOPYRIGHT\nREGISTRATION NO.TITLE OF WORK AUTHOR OF WORK\n 1 2 3\n.\nIn the above-entitled case, a final decisi on was rendered on the date entered below. A copy of the order or judgment\ntogether with the written opinion, if any, of the court is attached.\nCOPY ATTACHED WRITTEN OPINION ATTACHED DATE RENDERED\nGOrder GJudgment GYesGNo\nCLERK (BY) DEPUTY CLERK DATE\n1) Upon initiation of action, 2) Upon filing of document adding copyright(s ), 3) Upon termination of action,\n mail copy to Register of Copyrights mail copy to Regi ster of Copyrights mail copy to Register of Copyrights\nDISTRIBUTION:\n4) In the event of an appeal, forward c opy to Appellate Court 5) Case File Copy" }

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{ "pdf_file": "NLALJLUHGUMMXT4J7U6N334L5AEG7PMR.pdf", "text": "U.S. Department of Transportation   Federal Motor Carrier Safety Administration\n \nOklahoma: Summary of Large Trucks Involved in Crashes \nNumber of Large Trucks Involved in: 2003  2004  2005  2006  2007 \nFatal and Non -Fatal Crashes (FARS & \nMCMIS) 1,601  1,595  1,783  1,762  1,928 \nFatal Crashes (FARS)  104  97  111  134  94 \nFatal Crashes (MCMIS)  104  106  118  127  89 \nNon-Fatal Crashes (MCMIS)  1,497  1,498  1,672  1,628  1,834 \nInjury Crashes (MCMIS)  1,114  1,099  1,305  1,116  1,013 \nTowaway Crashes (MCMIS)  383  399  367  512  821 \nHM Placard Crashes (MCMIS)  43  57  54  81  54 \nNumber of:\nFatalities (FARS)  102  114  121  140  110 \nInjuries (MCMIS)  1,728  1,615  1,909  1,845  1,470 \nThe MCMIS Crash File is intended to be a census of trucks and buses involved in fatal, injury and towaway crashes; however, some States do not report all FMCSA -eligible \ncrashes. FMCSA continues to work with the States to improve data quality and reporting of all eligible truck and bus crashes to the MCMIS crash file.\nOklahoma: Summary of Buses Involved in Crashes \nNumber of Buses Involved in: 2003  2004  2005  2006  2007 \nFatal and Non -Fatal Crashes (FARS & \nMCMIS) 31  5  4  1  32 \nFatal Crashes (FARS)  5  3  3  1  0 \nFatal Crashes (MCMIS)  1  2  2  0  0 \nNon-Fatal Crashes (MCMIS)  26  2  1  0  32 \nInjury Crashes (MCMIS)  23  1  0  0  19 \nTowaway Crashes (MCMIS)  3  1  1  0  13 \nHM Placard Crashes (MCMIS)  0  0  0  0  0 \nNumber of:\nFatalities (FARS)  6  4  4  2  0 \nInjuries (MCMIS)  66  2  6  0  52 \nThe MCMIS Crash File is intended to be a census of trucks and buses involved in fatal, injury and towaway crashes; however, some States do not report all FMCSA -eligible \ncrashes. FMCSA continues to work with the States to improve data quality and reporting of all eligible truck and bus crashes to the MCMIS crash file.\nData Source: FARS & MCMIS (September 2008 data snapshot)\nNumber of Large Trucks \nInvolved in Fatal and Non -Fatal Crashes (FARS & MCMIS) \n \nNumber of Buses \nInvolved in Fatal and Non -Fatal Crashes (FARS & MCMIS) \n \n  \nNumber of Large Trucks \nInvolved in Fatal Crashes \n \nNumber of Buses \nInvolved in Fatal Crashes \n \nNumber of Large Trucks \nInvolved in Non -Fatal Crashes (MCMIS) \n \nNumber of Buses \nInvolved in Non -Fatal Crashes (MCMIS) \n \nData Source: FARS & MCMIS (September 2008 data snapshot)\nCAUTION:   Although efforts have been made to provide the most accurate and complete MCMIS Crash data possible, data quality can vary from state to state. \nPlease use caution when interpreting MCMIS crash data. " }

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{ "pdf_file": "WJFP7CI5XSOBSZZUQGR3FKMENNTPAKKC.pdf", "text": "9/02/2008 This Week in Congress\n\r\nThis Week in Congress \r\n\r\n\r\nSeptember 02, 2008 \r\n\r\n\r\n \r\n\r\n\r\nDear Friend, \r\n\r\n\r\n \r\n\r\n\r\nWelcome to \"This Week in Congress.\" I hope you find this newsletter useful. \r\n\r\n\r\n \r\n\r\n\r\nTalking to Senior Citizens about Improvements to Medicare \r\n\r\n\r\n \r\n\r\n\r\nOn Friday, I visited the Senior Center in Hays to talk to senior citizens about passage of the Medicare Improvements for\nPatients and Providers Act, H.R. 6331. This legislation, which passed the House in June and has since become law,\neliminated scheduled reductions in Medicare physician payments, extended physical therapy caps and delayed\nreductions in pharmacy reimbursement rates. Passage of this legislation was critical for Kansans as it allows hospitals,\ndoctors, physical therapists and pharmacists to continue serving the more than 114,000 Medicare recipients in the First\nDistrict. \r\n\r\n\r\n \r\n\r\n\r\nI was joined at the Senior Center by David Wilson, president of AARP Kansas; Dr. Michael Machen of Quinter, president\nof the Kansas Society of Health System Pharmacists; Jim Rorstrom of Hays; Fred Lucky, with the Kansas Hospital\nAssociation; and Dave Sanderson of Salina, with the Kansas Physical Therapy Association. These experts were able to\nexplain to folks how the legislation affected their profession and answered questions about what the new law means for\nMedicare recipients. Also discussed during the event was the AARP \"Divided We Fail Pledge.\" This is a congressional\npledge asking the nation's leaders to commit to working in a bipartisan way to provide Americans with actions and\nanswers on health and long-term financial security. This is a pledge I strongly support and have signed my name to. \rCongressman Jerry Moran\nhttp://www.jerrymoran.house.gov Powered by Joomla! Generated: 29 January, 2009, 20:40 \r\n\r\n \r\n\r\n\r\nI enjoyed speaking to many of the seniors gathered for lunch, as well as Ernie Kutzley of Topeka, AARP Kansas; Mary\nTritsch of Topeka, AARP Kansas; Gerald and Dianna Schmitt of Wichita, AARP volunteers; Alberta Klaus of Hays,\npresident of AARP chapter in Hays; and Dan Morin with the Kansas Medical Society. Special thanks to Alice Herman,\ndirector of the Meal Site, for hosting the forum. Click here to view photos from the event. \r\n\r\n\r\n \r\n\r\n\r\nVisiting North Central Kansas \r\n\r\n\r\n \r\n\r\n\r\nOn Monday, I visited several communities in north central Kansas. While in Blue Rapids, I visited the State Bank,\nYungeberg Drug, the Post Office, Napa Auto Parts and several city offices. After my visit in Blue Rapids, I traveled to\nMarysville to attend the Rotary Club meeting. Thanks to Marysville Rotary president, Kate Manley. \r\n\r\n\r\n \r\n\r\n\r\nAlso while I was in Marysville, I made a trip into the Marysville Advocate, a 122 year-old community newspaper. There, I\nsaw Sarah Kessinger, the new editor for the Marysville Advocate. She recently took over the paper from her parents,\nHoward and Sharon. I commend her and the Kessinger family for working hard to keep this local publication serving their\ncommunity. \r\n\r\n\r\n \r\n\r\n\r\nI also visited Hanover to talk with community members. There I visited with employees at Citizens State Bank, Hanover\nProfessional Pharmacy, the Post Office, Hanover Hospital, Andy's Hardware and Lumber, Crome's Market, Blue Valley\nInsurance and Rural Water District #1. \r\n\r\n\r\n \rCongressman Jerry Moran\nhttp://www.jerrymoran.house.gov Powered by Joomla! Generated: 29 January, 2009, 20:40 \r\n\r\nIn my visits with local residents, I was again reminded of my belief that Congress must immediately take up a\ncomprehensive energy plan to assist those families who are struggling with gas prices. \r\n\r\n\r\n \r\n\r\n\r\nLearning about Cancer Prevention and Treatment with the American Cancer Society in Alma \r\n\r\n\r\n \r\n\r\n\r\nOn Monday, I met with Tonia Carlson of Paxico and Lisa Benlon of Overland Park to discuss ways in which Congress\ncan help increase cancer screening and prevention treatments. Ms. Carlson is the grassroots leader of the First\nCongressional District for the American Cancer Society. Ms. Benlon is a former State Representative who is now with the\nAmerican Cancer Society \r\n\r\n\r\n \r\n\r\n\r\nOne of the issues we talked about was colon cancer. This disease is one of the leading preventable causes of death in\nthe United States, with a five-year survival rate of nearly 90 percent when detected early. I am a sponsor of the\nColorectal Cancer Early Detection, Prevention and Treatment Act, which would help those most likely at risk of colon\ncancer to receive screenings and treatment at an earlier age. \r\n\r\n\r\n \r\n\r\n\r\nSpeaking to Farm Bureau Members in Wabaunsee and Osage Counties \r\n\r\n\r\n \r\n\r\n\r\nThis week, I spoke at the Wabaunsee County Farm Bureau Annual Meeting in Alma and at the Osage County Farm\nBureau Annual Meeting in Carbondale. I spoke to members about the 2008 Farm Bill and the need for Congress to pass\ncomprehensive energy legislation. Attending Farm Bureau meetings across our state allows me to learn more about\nissues important to farmers and ranchers. \rCongressman Jerry Moran\nhttp://www.jerrymoran.house.gov Powered by Joomla! Generated: 29 January, 2009, 20:40 \r\n\r\n \r\n\r\n\r\nI appreciated the opportunity to meet many officers and members. Special thanks to Wabaunsee County Farm Bureau\nPresident Ken Flagler and Osage County Farm Bureau President William Prescott for inviting me to speak. Click here for\nphotos from the Osage County meeting. \r\n\r\n\r\n \r\n\r\n\r\nSpeaking to the Kansas Agribusiness Retailers Association in Manhattan\n\r\n\r\n\r\n \r\n\r\n\r\nOn Tuesday, I joined the Kansas Agribusiness Retailers Association (KARA) for breakfast at their annual conference in\nManhattan. Before introducing Senator Pat Roberts, I explained my plan for solving our nation's energy challenges and\nalso talked about the 2008 Farm Bill. Both Senator Roberts and I talked about how Congress has become more urban\nand explained the difficulty in getting members from urban areas to understand the importance of agriculture policy in\nrural America. \r\n\r\n\r\n \r\n\r\n\r\nI also expressed my condolences on the passing of one of KARA's outstanding leaders, James B. \"J.B.\" Pearl. Mr. Pearl\nwas the founder of J.B. Pearl Sales and Services in St. Marys, which was recognized in 2003 as the National Ag Retailer\nof the Year. My thoughts and prayers are with Mr. Pearl's family and friends. Thank you to President Tom Tunnel and\nKARA for inviting me to speak. \r\n\r\n\r\n \r\n\r\n\r\nObserving Chapman Rebuilding and Recovering \r\n\r\n\r\nCongressman Jerry Moran\nhttp://www.jerrymoran.house.gov Powered by Joomla! Generated: 29 January, 2009, 20:40 \r\nOn Tuesday, I visited Chapman to observe the town's recovery efforts and to visit with their community members.\nChapman received extensive damage when a tornado touched down on the evening of June 12, 2008. While there this\nweek, I visited the Unified School District (U.S.D.) 473 offices, City Hall, Chapman Public Library where I spoke with the\nLibrary Director Carol Frasure, Astra Bank, Londeen Hardware & Furniture Store, Insurance Store, Chapman Senior\nCenter and Shamrock Cafe. \n\r\n\r\n\r\n \r\n\r\n\r\nI was very interested in visiting Chapman High School. I believed it was important to congratulate the school's\nadministration and teachers on beginning class this fall. The school faced tremendous circumstances following the\ntornado and I wanted to commend them for starting school up as scheduled. \r\n\r\n\r\n \r\n\r\n\r\nVisiting Garden City \r\n\r\n\r\n\r\nGarden City Community College: On Thursday, I made a visit to Garden City Community College. I had a good\nconversation with Dr. Carol Ballantyne, the president of the college. On my visit, I learned about the opportunity the\nplanned Sunflower coal-fired power plant expansion presents for training construction trades at the college. We also\ntalked about the Higher Education Act, education of health care professionals for southwestern Kansas and the TRIO\nprogram.\n\r\n\r\n\r\n \r\n\r\n\r\nSt. Catherine Hospital: I also toured St. Catherine Hospital (SCH) in Garden City. SCH is an affiliate of Catholic Health\nInitiatives, the largest Catholic not-for-profit health organization in the country. It is licensed for 132 beds, is an accredited\nregional health care center and has a medical staff that consists of specialists in family practice, internal medicine,\nobstetrics and gynecology, gastroenterology, ophthalmology, orthopedics, pathology, pediatrics, podiatry, psychiatry,\npulmonary medicine, oncology, radiology, general and thoracic surgery and urology. \n\r\n \n\r\n\r\n\r\nDuring my visit, I had a great discussion with Scott Taylor, SCH President & CEO. We discussed Medicare billing and\nreimbursements, pricing privileges for prescription drug programs, pay for performance of providers and charity care.\nFollowing my visit with Mr. Taylor, John Yox, SCH Senior Vice President and Bonnie Peters, SCH Vice President forCongressman Jerry Moran\nhttp://www.jerrymoran.house.gov Powered by Joomla! Generated: 29 January, 2009, 20:40 Patient Services, gave me a tour of the hospital facilities where I was also able to meet a number of doctors, nurses and\nstaff. Thanks to Beth Koksal for coordinating my visit. Click here to view photos of my visit. \r\n\r\n\r\n \r\n\r\n\r\nAttending Fort Hays State University Foundation Board of Trustees Meeting \r\n\r\n\r\n \r\n\r\n\r\nI serve on the Fort Hays State University (FHSU) Foundation Board of Trustees. Each year, the foundation helps make a\ncollege education a reality for young people by distributing approximately $1.4 million in scholarships. On Friday, I\nattended a board meeting in Hays about promoting educational excellence. I enjoyed meeting with the other board\nmembers and President and CEO Tim Chapman. Congratulations to incoming chair Dr. John Tomlinson and job well\ndone to outgoing chair Kerry McQueen. \r\n\r\n\r\n \r\n\r\n\r\nAnnual Kansas State Fair Beginning This Week \r\n\r\n\r\n \r\n\r\n\r\nThe annual Kansas State Fair begins Friday and lasts through Sunday, September 14. The fair is the largest event in the\nstate and attracts some 350,000 people. Each year since being elected to Congress, I have attended the fair to gather\ninput and suggestions from Kansans to take back to Washington, D.C. The fair gives me an opportunity to meet many\npeople from all parts of the state to discuss current issues. After these discussions, I always have a fresh perspective on\nthe topics most important to Kansans. \r\n\r\n\r\n \r\n\r\n\r\nAs in years past, I will have a booth in the Pride of Kansas Building. Members of my staff will be available to answer\nquestions and provide information. I will also take part in several events at the fair, including the annual Kansas Farm\nBureau Leadership Breakfast on Saturday, September 6. I hope to see you and your family at the fair in Hutchinson. \r\n\r\nCongressman Jerry Moran\nhttp://www.jerrymoran.house.gov Powered by Joomla! Generated: 29 January, 2009, 20:40 \r\n \r\n\r\n\r\nAttending Labor Day Events \r\n\r\n\r\n \r\n\r\n\r\nTo celebrate Labor Day this year, I attended the 112th Annual Labor Day Celebration in Hoisington. Thanks to Brian\nHarrison for participating with me in this year's parade.  \r\n\r\n\r\n \r\n\r\n\r\nI also attended the City of Chapman Labor Day Parade. It was encouraging to see the city's recovery efforts and their\ncommitment to continuing this parade which was first celebrated in 1909. Thanks to Phil Weishaar for organizing my\nparticipation in the parade. \r\n\r\n\r\n \r\n\r\n\r\nIn the Office \r\n\r\n\r\n \r\n\r\n\r\nAlan and Phyllis Shurts of Beloit, Sydney and Mary Holmes of Hutchinson and Zack and Gavin Lake of Emporia came by\nthe office this week for a tour of the U.S. Capitol.  \r\n\r\n\r\n \r\n\r\n\r\nVery truly yours, \r\n\r\n\rCongressman Jerry Moran\nhttp://www.jerrymoran.house.gov Powered by Joomla! Generated: 29 January, 2009, 20:40  \r\n\r\n\r\nJerry \r\n\r\nCongressman Jerry Moran\nhttp://www.jerrymoran.house.gov Powered by Joomla! Generated: 29 January, 2009, 20:40" }

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{ "pdf_file": "67JSPHIB2F6WUL35OLRAOZ2UEDTI2XZ5.pdf", "text": "It is appare nt that Murray grounds his claims on Title VI I of the Civil Ri ghts Act1\nof 1964, as a mended 42 U.S.C. § 2000e-16( a)(“Title VI I”). SAMUEL MURRA Y, \n Plaintiff,\n v.\nDISTRICT OF COLUMBIA et al.,\n Defend ants.UNITED STAT ES DIS TRICT COURT\nFOR THE D ISTR ICT OF COLUMBIA\nCivil Action 06-02013 (H HK)\nMEMORAN DUM\nSamuel Mu rray, a District of Columbia employee in the Department of Youth\nRehabilitation Services (“Department”), brings this action against the District of Columbia\n(“District”), and Monica Bennet (“Bennet”), a supervisor in the Department. Mu rray claims \nthat Be nnet sexually hara ssed him and that he wa s subjected to re taliation. Murray , proce eding\npro se, purports to base his c laims on the “CI UVIL (sic) RI GHTS ACT OF 1966, AS\nAMENDED .” Complaint 1. Before the cour t is the District’s motion t o dismiss or, in the1\nalterna tive, for summary judgme nt (#21). Upon c onsideration of the motion and the rec ord of\nthis case, the c ourt conc ludes that the motion must be gr anted. 2I. \nMurra y, a drive r in the Tra nsportation Unit of the De partment, c laims that Benne t\nsexually harassed him. According to the complaint,“in February 2002, during [Mur ray’s] first\nweek of employment at [the Department][h e] had a conversation with Monica Bennet,\nSupervisor, in which Supervisor B ennet e xpresse d neg ative per ceptions of men a nd general\nanimosity towards men.” Complaint 2. W hen Murr ay repor ted B ennet’ s comments he wa s\nimmediately reassigne d so that he no long er reporte d to her. The reafter, how ever, Murra y had\nsever al unpleasa nt contacts a nd experience s with Benne t. For e xample, in April 2002, Murra y\nwas a ssigne d a task by Bennet and wa s told that the task could be complete d at a late r time.\nWhen, Murray was unable to complete the task immediately, however, “Bennet issued Murray a\nwritten wa rning for insubordination.” I d. On another occa sion, although Mur ray had bee n\napprove d leave , Bennet neve rtheless “ wrote Mur ray up” for taking leave without approval. \nOn y et another occa sion, Benne t made g raphic sexual comments to Murray when he was\nstanding near three other male employees. According to M urray, Bennet used sexually explic it\nlanguage whe n she desc ribed he r interpr etation of the de finition of the term “pimp juice” which\nwas wr itten down the leg of his pants. Be nnet then “pr oceeded to assault [Murray ] during the\nincident, stroking [his] leg, hip, and buttocks reg ion as she spoke w ith [Murra y] in a sexual and\nseductive ma nner.” Id at 4.\nAccording to Murray , he re ported these incidents to persons in authority at the\nDepa rtment and wr ote a letter to the May or’s Of fice, but nothing wa s done. I nstead B ennet wa s\nallowed to do var ious things which Murr ay char ges we re a form of r etaliation for his ha ving\nmade a complaint ag ainst her. 3II. \nA. Exhaustion of Administrative Remedies\nThe district moves to dismiss this case on the grounds that Murray has failed to allege\nthat he has e xhausted his administrative re medies. Reciting familiar leg al principles, the D istrict\ncorrectly points out that a non-federal employee complaining of a violation of Title VII mus t first\nfile an a dminist rative c harge with the EEOC a nd allow the ag ency enoug h time to act on the\ncharge. Only after the EEO C has notified the cla imant of its decision to dismi ss the char ge , or\nits inabili ty to timely file a c ivil action, can the c laimant bring a lawsuit himself. \nIf a Title VI I plaintiff fa ils to allege that he has e xhausted his administrative re medies, the\nproper course is to dism iss the plaintiff’s claim without prejudice . 2006 WL 1825796 (D.D.C).\nHere, Murray neither has alleged that he exhausted his administrative remedies nor, in\nresponse to the instant moti on, asser ted that he ha s done so. Acc ording ly, Murra y’s complaint\nagainst the District is dismi ssed without prejudice . \nB. Vicar ious liabili ty of B ennet\nTitle I I prohibits acts of discrimination by an “e mploy er” and make s a cle ar distinction\nbetwee n “per sons” and “ employ ers.” 42 U.S.C.§ 2000e-2(a ). The sig nificanc e of this distinction\nfor Murr ay is that he is unable to maintain a Title VI I action ag ainst Be nnet in her individual\ncapacity. Gary v Long , 59 F3d 1391, 1399( D.C. Cir.), cer t. denied, 516 U.S. 1011,133 L .Ed. 2\n493, 116 S.Ct . 569 (1995). 4III.\nFor the above stated re asons this action is dismi ssed ag ainst the District without prejudice\nand dismissed ag ainst Be nnet with prejudice . \nAn appropriate order accompanies this memorandum.\n Henr y H. Kenne dy, Jr.\n United States District Judge" }

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{ "pdf_file": "6LM5MPDEKTK4FAVUBSU5HZOLO33XZOV6.pdf", "text": "Hoyer Urges Colleges to Inform Students on Health Reform \n \nBy Althea Fung\n \nHouse Minority Whip Steny Hoyer, D.-Md., is pushing for colleges in his district to provide\ninformation about health care reform.\n \nIn a letter to 14 colleges, Hoyer encouraged the schools to provide more information to students\nabout their health insurance options with information sessions, staff counseling, and pamphlet\ndistribution on campus.\n \n“Before health reform became law, more than one-third of all young adults – including those\nwith insurance – were having trouble paying their medical bills, and one-fourth were paying off\nmedical debt,” Hoyer said in a statement. “It is important that young people understand and\nhave access to the health coverage they need, so I encourage our colleges and universities to\nhelp ensure that they are aware of the new options and resources available to them.”\n \nEarlier this year, Health and Human Services Secretary Kathleen Sebelius and Education\nSecretary Arne Duncan sent letters to colleges and universities throughout the country imploring\nthem to educate students about health care reform.\n \nThe Obama administration has offered schools information on how to place a badge on their\nhomepages that links to information about how students can remain on their parents’ health\ninsurance plan; tips on getting sample fliers for students and parents; and information for\nstaffers to give to students about their health care options if their parents aren’t insured.\n \nYoung adults stand to benefit greatly from the health care overhaul. Those age 18-26 are the\nleast likely to have health insurance or to see doctors.\n \nUnder the health care law, 1 million young adults are expected to join their parents’ policies over\nthe next three years. Approximately 7.2 million are expected to gain coverage through the\nexpansion of Medicaid in 2014 and another 4.9 million could gain coverage through the\n 1 / 2 Hoyer Urges Colleges to Inform Students on Health Reform \ninsurance exchanges.\n \nAccording to the Kaiser Family Foundation, at least 637,000 young adults have already\nobtained medical coverage through their parents’ policies since the first quarter of 2011.\n \n 2 / 2" }

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{ "pdf_file": "27UIROOYZ4IE3FKKNAPCKEQXWBKKN7XM.pdf", "text": " \n1147-S AMH LIIA MITC 367 Official Print - 1 1 \n2 \n3 \n4 \n5 \n6 \n7 \n8 \n9 \n10 \n11 \n12 \n13 \n14 \n15 \n16 \n17 \n18 \n19 \n20 \n21 \n22 \n23 \n24 \n25 \n26 \n27 1147-S AMH LIIA MITC 367 \n \nSHB 1147 - H AMD TO H AMD (1147-S AMH HUNT PETE 019) 428 \nBy Representative Liias \n \n On page 11, beginning on line 6, after \"district\" strike all \nmaterial through \"more\" on line 8 \n \n \n EFFECT: Prohibits all rural infrastructure improvement a nd \nservice districts from imposing the utility tax aft er January 1, \n2012. \n \n \n \n--- END --- \n " }

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{ "pdf_file": "HVP5WMRFWBOCTMMV6NC57S2QJ674CGXG.pdf", "text": "990326TAS_Sm2.wpdMINUTES\nMONTANA SENATE\n56th LEGISLATURE - REGULAR SESSION\nCOMMITTEE ON TAXATION\nSUBCOMMITTEE ON SALES TAX\nCall to Order: By CHAIRMAN BOB DEPRATU , on March 26, 1999 at\n9:08 A.M., in Room 413/415 Capitol.\nROLL CALL\nMembers Present:\nSen. Bob DePratu, Chairman (R)\nSen. Bill Glaser (R)\nSen. Barry \"Spook\" Stang (D)\nMembers Excused: None\nMembers Absent: None\nStaff Present: Sandy Barnes, Committee Secretary\n Lee Heiman, Legislative Branch\nPlease Note: These are summary minutes. Testimony and\ndiscussion are paraphrased and condensed.\nCommittee Business Summary:\n Bills Discussed: Sales Tax Packages \nDISCUSSION ON SALES TAX PROPOSALS\nSEN. DEPRATU said for purposes of this meeting the discussion\nwould be limited to the committee. He suggested that a\nrecommendation be made to the Senate Taxation Committee of SB 525\nand the related bills, with the suggested amendments SEN. GLASER\nhad made and were discussed yesterday.\nSEN. STANG said he disagreed with that recommendation. He said\nhe felt the committee had worked on the Sprague proposal and had\npretty much agreed that that was the direction they would pursue. \nHe said the Devlin proposal provides very little tax relief to\nhomeowners other than the reduction of the 95 mills. He would\nsuggest that the subcommittee move the Sprague proposal to the SENATE COMMITTEE ON TAXATION\nMarch 26, 1999\nPAGE 2 of 4\n990326TAS_Sm2.wpdcommittee. He said it is a much broader proposal, it has been\nworked on for a lot longer time, it gives more homeowner tax\nrelief, and it is a bill that can probably get some support from\nthe Democratic caucus to move it forward, where the Devlin\nproposal will not. \nMotion: SEN. STANG MOVED THE SPRAGUE PACKAGE AS AMENDED AND\nREVISED BY THE SUBCOMMITTEE ON SALES TAX . \nDiscussion : \nSEN. GLASER said the legislature is a mirror image of the public. \nHe said he and SEN. DEPRATU had talked to every member of their\ncaucus, and the Devlin proposal has slightly more support than\nthe Sprague bill. He said unless SEN. STANG could guarantee five\nor six votes from his caucus for the Sprague proposal, the Devlin\nproposal has a better chance. He said the reality of it is that\nthe public is uncertain and the legislative body is a reflection\nof that, they are also uncertain about where they want to go. \nSEN. STANG said he could not guarantee votes because no one tells\nhis caucus how to vote, but he knows that if there is a chance to\nget any votes out of his caucus, a sales tax proposal has to have\nsubstantial property tax relief for homeowners. The Devlin\nproposal does not do that, and without that, he doubts that there\nwill be support from the Democratic caucus for that idea. He\nsaid there are bills in this legislature that are offering tax\nrelief without a sales tax, and if there is to be a sales tax in\nthe state of Montana, the proceeds of that sales tax should be\ngoing as tax reductions to the individuals who are going to pay\nthe greater share of that sales tax. \nSEN. DEPRATU said that no one tells the Republican caucus how to\nvote, either, and that is something that is very straight up and\nvery forward. The bottom line is that you always vote your\nconscience and vote for your constituents, and you are not being\ninstructed to vote for any certain thing in any one caucus. He\nsaid he would think and hope that both caucuses have always\noperated on that basis. \nVote: Motion failed 1-2 with Depratu and Glaser voting no (Roll\ncall vote No. 2)\nMotion: SEN. GLASER MOVED THE DEVLIN PROPOSAL WITH SUGGESTED\nAMENDMENTS . SENATE COMMITTEE ON TAXATION\nMarch 26, 1999\nPAGE 3 of 4\n990326TAS_Sm2.wpdDiscussion : \nSEN. GLASER said he is recommending that the subcommittee pass on\nto the Senate Taxation Committee the proposal that has the best\nchance of the two, the Devlin package with the proposed\namendments.\nSEN. STANG asked if those amendments included changing the rate\nof the business equipment tax to 3% with the difference going to\nhomeowner tax relief, or if is it the bill pretty much as written\nwith a few minor adjustments. SEN. GLASER said it repeals the\nsix mills, removes the light vehicles, takes the automobile\nrepair off for service because no other in-state consumed service\nis included except that, and it is recommended that the Taxation\nCommittee do something with the gap money if there is any. \nSEN. STANG said that for the reasons previously stated, he would\nfind it very hard to support the bill. The indication he got\nfrom the caucus yesterday was that if there was not substantial\nhomeowner tax relief in the sales tax bill, there would probably\nbe very little support. He said also that the coalition is a\nrepresentation of special interest groups in the state of\nMontana, and they do not represent the homeowners. \nVote: Motion carried 2-1 . (Roll call vote No. 2) SENATE COMMITTEE ON TAXATION\nMarch 26, 1999\nPAGE 4 of 4\n990326TAS_Sm2.wpdADJOURNMENT\nAdjournment: 9:18 A.M.\n________________________________\nSEN. BOB DEPRATU, Chairman\n________________________________\nSANDY BARNES, Secretary\nGD/SB\nEXHIBIT(tas68bad)" }

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{ "pdf_file": "ZWCWI7G7GYM3DHO2HOJBJRQNBG7GTV4C.pdf", "text": "KEYSPAN ENERGY DELIVERY NEW ENGLAND \nD.T.E. 05-68 \n \nFIRST SET OF INFORMATION REQUESTS OF THE \nATTORNEY GENERAL TO \nKEYSPAN ENERGY DELIVERY NEW ENGLAND \n \nAG 1-1 \n \n \nDate: March 9, 2006 \nRespondent : Elizabeth Arangio \n \n \nQ. Refer to the Department’s Order, D. T.E. 01-105, p. 45. Please provide \nunredacted copies of all written communications between the Company \nand the Department regardi ng the Enron capacity. \n \n \nA. A copy of the Company’s letter to the Department dated April 1, 2003 is \nprovided as Attachment AG 1-1. No other written communications were \nmade to the Department. " }

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{ "pdf_file": "GKIGKIVD24PQYBUWILRPW2PXFZK3T363.pdf", "text": "Form B22C (Chapter 13) (10/05) \n In re __________________________________\n \nDebtor(s) \n \nCase Number: _______________________ \n(If known) According to the calculations required by this statement: \nF The applicable commitment period is 3 years. \nF The applicable commitment period is 5 years. \nF Disposable income is determ ined under § 1325(b)(3). \nF Disposable income is not dete rmined under § 1325(b)(3). \n(Check the boxes as directed in Lines 17 and 23 of this statement.) \n \nSTATEMENT OF CURRENT MONTHLY INCOME \nAND CALCULATION OF COMMITMENT PE RIOD AND DISPOSABLE INCOME \nFOR USE IN CHAPTER 13 \nIn addition to Schedules I and J, this statement must be completed by every individual Chapter 13 de btor, whether or not filing \njointly. Joint debtors may complete one statement only. \nPart I. REPORT OF INCOME \n1 Marital/filing status. Check the box that applies and complete the balance of this part of this statement as directed. \na. Unmarried. Complete only Column A (“Debtor’s Income”) for Lines 2-10. \nb. Married. Complete both Column A (“Debtor ’s Income”) and Column B (“Sp ouse’s Income”) for Lines 2-10. \n All figures must reflect average monthly income for the six calendar months prior to filing the \nbankruptcy case, ending on the last day of the month before the filing. If you received differ-\nent amounts of income during these six months, you must total the amounts received during the six months, divide this total by six, an d enter the result on the appropriate line. Column A \nDebtor’s \nIncome Column B \nSpouse’s \nIncome \n2 Gross wages, salary, tips, bonuses, overtime, commissions. $ $ \n3 Income from the operation of a business, profession, or farm. Subtract Line b from \nLine a and enter the differenc e on Line 3. Do not ente r a number less than zero. Do not in-\nclude any part of the business expenses ente red on Line b as a deduction in Part IV. \na. Gross receipts $ \nb. Ordinary and necessary business expenses $ \nc. Business income Subt ract Line b from Line a $ $ \n4 Rent and other real property income. Subtract Line b from Line a and enter the difference \non Line 4. Do not enter a number less than zero. Do not include any part of the operat-\ning expenses entered on Line b as a deduction in Part IV. \na. Gross receipts $ \nb. Ordinary and necessary operating expenses $ \nc. Rental income Subtract Line b from Line a $ $ \n5 Interest, dividends, and royalties. $ $ \n6 Pension and retirement income. $ $ \n7 Regular contributions to the household expe nses of the debtor or the debtor’s de-\npendents, including child or spousal support. Do not include contributions from the \ndebtor’s spouse. $ $ \n8 Unemployment compensation. Enter the amount in the approp riate column(s) of Line 8. \nHowever, if you contend that unemployment comp ensation received by you or your spouse \nwas a benefit under the Social Security Act, do not list the amount of such compensation in \nColumn A or B, but instead state the amount in the space below: \nUnemployment compensation claimed to \nbe a benefit under the Social Security Act \nDebtor $ ________ \nSpouse $ _________ $ $ \n9 Income from all other sources. Specify source and amount. If necessary, list additional \nsources on a separate page. Total and enter on Line 9. Do not include any benefits received \nunder the Social Security Act or payments receiv ed as a victim of a wa r crime, crime against \nhumanity, or as a victim of inte rnational or domestic terrorism. \na. $ \nb. $ \n \n$ $ \n10 Subtotal. Add Lines 2 thru 9 in Column A, and, if Column B is completed, add Lines 2 \nthrough 9 in Column B. Enter the total(s). $ $ \n11 Total. If Column B has been comple ted, add Line 10, Column A to Line 10, Column B, and \nenter the total. If Column B has not been completed, enter the amount from Line 10, Col-\numn A. \n $ \n Form B 22C (Chapter 13) (10/05) 2\n \nPart II. CALCULATION OF § 1325(b)(4) COMMITMENT PERIOD \n12 Enter the amount from Line 11. \n13 Marital adjustment. If you are married, but are not filing jointly with your spouse, AND if you contend \nthat calculation of the commitment period under § 1325(b)(4) does not require inclusion of the income of \nyour spouse, enter the amount of th e income listed in Line 10, Column B that was NOT regularly contrib-\nuted to the household expenses of you or your dependents. Otherwise, enter zero. \n14 Subtract Line 13 from Line 12 and enter the result. \n15 Annualized current monthly in come for § 1325(b)(4). Multiply the amount from Line 14 by \nthe number 12 and enter the result. $ \n16 Applicable median family income. Enter the median family income for applicable state and house-\nhold size. (This information is available by family size at www.usdoj.gov/ust/ or from the clerk of the \nbankruptcy court.) \na. Enter debtor’s state of residence: _______________ b. Enter debtor’s household size: __________ \n$ \n17 Application of § 1325(b)(4). Check the applicable box and proceed as directed. \n The amount on Line 15 is less than the amount on Line 16. Check the box for “The applicable commit-\nment period is 3 years” at the top of page 1 of this statement and comp lete Part VII of this statement. Do not com-\nplete Parts III, IV, V or VI. \n The amount on Line 15 is not less than the amount on Line 16. Check the box for “The applicable com-\nmitment period is 5 years” at the top of page 1 of this statement and continue with Part III of this statement. \n \nPart III. APPLICATION OF § 1325(b)(3) FOR DETERMINING DISPOSABLE INCOME \n18 Enter the amount from Line 11. $ \n19 Marital adjustment. If you are married, but are not filing jo intly with your spouse, enter the amount \nof the income listed in Line 10, Column B that was NOT regularly contributed to the household expenses of \nyou or your dependents. If you are unmarried or marri ed and filing jointly with your spouse, enter zero. \n$ \n20 Current monthly income for § 1325(b)(3). Subtract Line 19 from Line 18 and enter the result. \n21 Annualized current monthly in come for § 1325(b)(3). Multiply the amount from Line 20 by \nthe number 12 and enter the result. $ \n22 Applicable median family income. Enter the amount from Line 16. $ \n23 Application of § 1325(b)(3). Check the applicable box and proceed as directed. \n The amount on Line 21 is more than the amount on Line 22. Check the box for “Disposable income is de-\ntermined under § 1325(b)(3)” at the top of page 1 of this statement and complete the remaining parts of this state-\nment. \n The amount on Line 21 is not more than the amount on Line 22. Check the box for “Disposable income \nis not determined under § 1325(b)(3)” at the top of page 1 of this statement and complete Part VII of this statement. \nDo not complete Parts IV, V, or VI. \n \n \nPart IV. CALCULATION OF DEDUCTIONS ALLOWED UNDER § 707(b)(2) \nSubpart A: Deductions under Standards of the Internal Revenue Service (IRS) \n24 National Standards: food, clothing, househ old supplies, personal care, and miscella-\nneous. Enter the “Total” amount from IRS National Standa rds for Allowable Living Expenses for the appli-\ncable family size and income level. (This information is available at www.usdoj.gov/ust/ or from the clerk \nof the bankruptcy court.) \n$ \n25A Local Standards: housing and utilities; non-mortgage expenses. Enter the amount of the \nIRS Housing and Utilities Standards; non-mortgage expenses for the appl icable county and family size. \n(This information is available at www.usdoj.gov/ust/ or from the clerk of the bankruptcy court). $ Form B 22C (Chapter 13) (10/05) 3\n \n25B Local Standards: housing and utilities; mortgage/rent expense. Enter, in Line a below, the \namount of the IRS Housing and Utilities Standards; mo rtgage/rent expense for your county and family size \n(this information is available at www.usdoj.gov/ust/ or from the clerk of the bankruptcy court); enter on \nLine b the total of the Average Monthly Payments for any debts secured by your home, as stated in Line \n47; subtract Line b from Line a an d enter the result in Line 25B. Do not enter an amount less than \nzero. \na. IRS Housing and Utilities Standa rds; mortgage/rent Expense $ \nb. Average Monthly Payment for any debts secured by your \nhome, if any, as stated in Line 47 $ \nc. Net mortgage/r ental expense Subtract Line b from Line a. $ \n26 Local Standards: housing and utilities; adjustment. if you contend that the process set out in \nLines 25A and 25B does not accurately compute the allowance to which you are entitled under the IRS \nHousing and Utilities Standards, en ter any additional amount to which you contend you are entitled, and \nstate the basis for your contention in the space below: \n___________________________________________________________________\n___________________________________________________________________\n___________________________________________________________________ $ \n27 Local Standards: transportation; vehicle op eration/public transportation expense. \nYou are entitled to an expense allowance in this ca tegory regardless of whether you pay the expenses of \noperating a vehicle and regardless of wh ether you use public transportation. \nCheck the number of vehicles for which you pay the operating expenses or for which the operating ex-\npenses are included as a contribution to your household expenses in Line 7. 0 1 2 or more. \nEnter the amount from IRS Transportation Standards, Operating Costs & Public Transportation Costs for \nthe applicable number of vehicles in the applicable Metropolitan Statistical Area or Census Region . (This \ninformation is available at www.usdoj.gov/ust/ or from the clerk of the bankruptcy court.) \n \n \n \n$ \n28 Local Standards: transportation owne rship/lease expense; Vehicle 1. Check the number \nof vehicles for which you clai m an ownership/lease expense. (You may not claim an ownership/lease ex-\npense for more than two vehicles.) 1 2 or more. \nEnter, in Line a below, the amount of the IRS Transportation Standards, Ownership Costs, First Car (avail-\nable at www.usdoj.gov/ust/ or from the clerk of the bankruptcy court); enter in Line b the total of the Av-\nerage Monthly Payments for any debt s secured by Vehicle 1, as stated in Line 47; subtract Line b from \nLine a and enter the result in Line 28. Do not enter an amount less than zero. \na. IRS Transportation Standards, Ownership Costs, First Car $ \nb. Average Monthly Payment for any debts secured by Vehicle 1, \nas stated in Line 47 $ \nc. Net ownership/lease expense for Vehicle 1 Subtract Line b from Line a. \n \n \n \n$ \n29 Local Standards: transportation ow nership/lease expense; Vehicle 2. Complete this Line \nonly if you checked the “2 or more” Box in Line 28. \nEnter, in Line a below, the amount of the IRS Transportation Standa rds, Ownership Costs, Second Car \n(available at www.usdoj.gov/ust/ or from the clerk of the bankruptcy court); enter in Line b the total of \nthe Average Monthly Payments for any debts secured by Vehicle 2, as stated in Line 47; subtract Line b \nfrom Line a and enter the result in Line 29. Do not enter an amount less than zero. \na. IRS Transportation Standards, Ownership Costs, Second Car $ \nb. Average Monthly Payment for any debts secured by Vehicle 2, \nas stated in Line 47 $ \nc. Net ownership/lease expense for Vehicle 2 Subtract Line b from Line a. \n \n \n \n$ \n30 Other Necessary Expenses: taxes. Enter the total average monthly expense that you actually incur \nfor all federal, state, and local taxe s, other than real estate and sales taxes, such as income taxes, self \nemployment taxes, social security taxes, and Medicare taxes. Do not include real estate or sales \ntaxes. \n$ \n31 Other Necessary Expenses: mandatory payroll deductions. Enter the total average monthly \npayroll deductions that are required for your employment, such as ma ndatory retirement contributions, \nunion dues, and uniform costs. Do not include discretionary amounts, such as non-mandatory \n401(k) contributions. \n \n$ Form B 22C (Chapter 13) (10/05) 4\n \n32 Other Necessary Expenses: life insurance. Enter average monthly premiums that you actually \npay for term life insurance for yourself. Do not include premiums for insurance on your depend-\nents, for whole life or for any other form of insurance. $ \n33 Other Necessary Expenses: court-ordered payments. Enter the total monthly amount that \nyou are required to pay pursuant to court order, such as spousal or child support payments. Do not in-\nclude payments on past due support obligations included in Line 49. \n$ \n34 Other Necessary Expenses: education for empl oyment or for a physically or mentally \nchallenged child. Enter the total monthly amount that you ac tually expend for education that is a \ncondition of employment and for education that is required for a physically or mentally challenged depend-\nent child for whom no public education providing similar services is available. \n \n35 Other Necessary Expenses: childcare. Enter the average monthly amount that you actually ex-\npend on childcare. Do not include payments made for children’s education. \n$ \n36 Other Necessary Expenses: health care. Enter the average monthly amount that you actually \nexpend on health care expenses that are not reimbursed by insurance or paid by a health savings account. \nDo not include payments for health insurance listed in Line 39. \n$ \n37 Other Necessary Expenses: te lecommunication services. Enter the average monthly ex-\npenses that you actually pay for cell phones, pagers, call waiting, caller identification, special long dis-\ntance, or internet services ne cessary for the health and welfar e of you or your dependents. Do not in-\nclude any amount previously deducted. \n$ \n38 Total Expenses Allowed under IRS Standards. Enter the total of Lines 24 through 37. $ \nSubpart B: Additional Expense Deductions under § 707(b) \nNote: Do not include any expenses that you have listed in Lines 24-37 \n39 Health Insurance, Disability Insurance, and Health Savings Account Expenses. List the \naverage monthly amounts that you actu ally expend in each of the follow ing categories and enter the total. \na. Health Insurance $ \nb. Disability Insurance $ \nc. Health Savings Account $ \n Total: Add Lines a, b, and c \n \n \n \n \n$ \n40 Continued contributions to the care of household or family members. Enter the actual \nmonthly expenses that you will contin ue to pay for the reasonable and necessary care and support of an \nelderly, chronically ill, or disabled member of your household or member of your immediate family who is \nunable to pay for such expenses. Do not include payments listed in Line 34. \n \n$ \n41 Protection against family violence. Enter any average monthly expenses that you actually in-\ncurred to maintain the safety of your family under the Family Violence Prevention and Services Act or \nother applicable federal law. \n \n$ \n42 Home energy costs in excess of the allowa nce specified by the IRS Local Standards. \nEnter the average monthly amount by which your home energy costs exceed the allowance in the IRS Lo-\ncal Standards for Housing and Utilities. You must provide your case trustee with documentation \ndemonstrating that the additional amount claimed is reasonable and necessary . \n \n$ \n \n 43 Education expenses for dependent children under 18. Enter the average monthly expenses \nthat you actually incur, not to exceed $125 per child, in providing elementary and secondary education for \nyour dependent children less than 18 years of age. You must provide your case trustee with docu-\nmentation demonstrating that th e amount claimed is reasonable and necessary and not already \naccounted for in the IRS Standards . \n \n$ \n44 Additional food and clothing expense. Enter the average monthly amount by which your food and \nclothing expenses exceed the combined allowances for food and apparel in the IRS National Standards, not \nto exceed five percent of those combined a llowances. (This information is available at www.usdoj.gov/ust/ \nor from the clerk of the bankruptcy court.) You must provide your case trustee with documentation \ndemonstrating that the additional amount claimed is reasonable and necessary . \n \n$ \n \n45 Continued charitable contributions. Enter the amount that you will continue to contribute in the \nform of cash or financial instruments to a charitable organization as defined in 26 U.S.C. § 170(c)(1)-(2). $ \n46 Total Additional Expense Deductions under § 707(b). Enter the total of Lines 39 through 45. $ Form B 22C (Chapter 13) (10/05) 5\n \nSubpart C: Deductions for Debt Payment \n47 Future payments on secured claims. For each of your debts that is secured by an interest in prop-\nerty that you own, list the name of the creditor, iden tify the property securing the debt, and state the Av-\nerage Monthly Payment . The Average Monthly Payment is the tota l of all amounts contractually due to \neach Secured Creditor in the 60 mont hs following the filing of the bank ruptcy case, divided by 60. Mort-\ngage debts should include payments of taxes and insura nce required by the mortga ge. If necessary, list \nadditional entries on a separate page. \n Name of Creditor Property Securing the Debt 60-month Average Payment \na. $ \nb. $ \nc. $ \n Total: Add Lines a, b, and c \n \n \n \n \n \n$ \n \n48 Past due payments on secured claims. If any of the debts listed in Line 47 are in default, and the \nproperty securing the debt is necessary for your su pport or the support of your dependents, you may in-\nclude in your deductions 1/60th of the amount that you must pay the creditor as a result of the default \n(the “cure amount”) in order to maintain possession of the property. List any such amounts in the follow-\ning chart and enter the total. If necessary, list additional entries on a separate page. \n \n Name of Creditor Property Securing the Debt in Default 1/60th of the Cure Amount \na. $ \nb. $ \nc. $ \n Total: Add Lines a, b, and c \n \n \n \n \n \n$ \n \n49 Payments on priority claims. Enter the total amount of all priority claims (including priority child \nsupport and alimony clai ms), divided by 60. $ \n50 Chapter 13 administrative expenses. Multiply the amount in Line a by the amount in Line b, and \nenter the resulting admi nistrative expense. \n \na. Projected average monthly Chapter 13 plan payment. $ \nb. Current multiplier for your dist rict as determined under sched-\nules issued by the Executive Office for United States Trustees. \n(This information is available at www.usdoj.gov/ust/ or from the \nclerk of the bankruptcy court.) x \nc. Average monthly administrative expense of Chapter 13 case \nTotal: Multiply Lines a and b $ \n51 Total Deductions for Debt Payment. Enter the total of Lines 47 through 50. $ \nSubpart D: Total Deductions Allowed under § 707(b)(2) \n52 Total of all deductions allowed under § 707(b)(2) . Enter the total of Lines 38, 46, and 51. $ \n \nPart V. DETERMINATION OF DISP OSABLE INCOME UNDER § 1325(b)(2) \n53 Total current monthly income. Enter the amount from Line 20. $ \n54 Support income. Enter the monthly average of any child suppo rt payments, foster care payments, or \ndisability payments for a dependent chil d, included in Line 7, that you re ceived in accordance with applica-\nble nonbankruptcy law, to the extent reasonab ly necessary to be expended for such child. \n \n $ \n55 Qualified retirement deductions. Enter the monthly average of (a) all contributions or wage de-\nductions made to qualified retirement plans, as sp ecified in § 541(b)(7) and (b) all repayments of loans \nfrom retirement plans, as specified in § 362(b)(19). \n $ \n56 Total of all deductions allowed under § 707(b)(2). Enter the amount from Line 52. $ \n57 Total adjustments to determine disposable income. Add the amounts on Lines 54, 55, and 56 \nand enter the result. $ \n58 Monthly Disposable Income Under § 1325(b)(2). Subtract Line 57 from Line 53 and enter the $ Form B 22C (Chapter 13) (10/05) 6\nresult. \n \nPart VI: ADDITIONAL EXPENSE CLAIMS \n59 Other Expenses. List and describe any monthly expenses, not otherwis e stated in this form, th at are required for the \nhealth and welfare of you and your fami ly and that you contend should be an additional deduction from your current \nmonthly income under § 707(b)(2)(A)(ii)(I). If necessary, list additional sources on a separate page. All figures should re-\nflect your average monthly expense fo r each item. Total the expenses. \n \n Expense Description Monthly Amount \na. $ \nb. $ \nc. $ \n Total: Add Lines a, b, and c $ \n \nPart VII: VERIFICATION \n60 I declare under penalty of perjury th at the information provided in this statement is true and correct. (If this a joint case, \nboth debtors must sign.) \n \nDate: ________________________ Signature: ________________________ \n(Debtor) \nDate: ________________________ Signature: ________________________ \n(Joint Debtor, if any) \n " }

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{ "pdf_file": "D2FRDPDTXJKVTJKEBESWUWBYZDJRBNAI.pdf", "text": "Bachus: Budget to Provide for Elimination of Taxes on Pre-Paid Tuition Plans\n _\n 1 / 1" }

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{ "pdf_file": "YE5PQJ6NUYA6UOWHADZIVVMCINU4AYZF.pdf", "text": "SpaceNewsRoundup\nVol. 36 February 7, 1997 No. 6\nMir memories\nSTS-81 crew members capture memo-\nrable moments during docking with theRussian station. Photos on Page 3.Rodeo days\nHouston Livestock Show and Rodeovolunteers entertain JSC employeesand their children. Photos onPage 4.National Aeronautics and\nSpace Administration\nLyndon B. Johnson Space Center\nHouston, Texas\nFour space walks\nhighlight STS-82Hubble mission \nBy Ed Campion\nThe STS-82 astronauts are to\narrive at Kennedy Space Centertoday as \nDiscovery prepares to lift\noff on the second servicing missionto the orbiting Hubble SpaceTelescope.\nCommander Ken Bowersox, Pilot\nScott Horowitz, and MissionSpecialists Mark Lee, GregHarbaugh, Steve Smith, Joe Tannerand Steve Hawley were to leaveEllington Field early Friday andspend the next few days in weatherand mission-related meetings. \nThe official STS-82\ncountdown isto beginearly Saturday at 3 a.m.CST. At the FlightReadiness Review meet-ing on Jan. 30, NASAmanagers set Feb. 11 asthe official launch date forthe mission. The 65-minute launch windowopens at 2:56 a.m. CSTTuesday.\nWork at Launch Pad\n39A this week included completionof payload integration and verifica-tion tests, cooling of the NearInfrared Camera and Multi-ObjectSpectrometer payload and closeoutof the aft compartment. \nIn addition to standard pre-launch\nprocessing activities this week, KSCtechnicians also removed andreplaced the nozzle throat plugs onthe solid rocket boosters. The teamexamining the nozzle throat erosionissue asked for the plug changeoutto give engineers additional data ona batch of polysulfide material usedon some recent SRBs. The polysul-fide material may be a possible con-tributor to the unusual erosion pat-tern seen during two previousshuttle launches.\nAssuming an on-time launch on\nFeb. 11, \nDiscovery will rendezvous\nwith the orbiting telescope justbefore 2 a.m. CST on Feb. 13.When the shuttle is within 200 feetof the telescope, ground controllerswill command Hubble to perform aroll maneuver to position it for grap-\npling. Hawley will use the robot armto grab the telescope and berth it in\nDiscovery ’s cargo bay. Once the\ntelescope is secure and power hastransferred to \nDiscovery , Horowitz\nwill maneuver the shuttle so thatHubble’s solar arrays face the sunand its internal batteries canrecharge. \nBeginning Thursday evening, the\nfirst of four space walks over foursuccessive days will be conducted.\nDuring the space walks, Lee,\nHarbaugh, Smith and Tanner will\ninstall two state-of-the-artinstruments that will signif-icantly upgrade the scien-tific capabilities of the tele-scope. They also willperform maintenance tokeep HUbble functioningsmoothly until the nextscheduled servicing mis-sion in 1999. \nOnce the space walks\nare complete, ground con-trollers will turn on\nHubble’s internal power and Hawley,who originally deployed Hubble onSTS-31 in April 1990, will releasethe orbiting observatory to continueits exploration of distant galaxies.\nDiscovery ’s mission is planned for\n9 days, 22 hours, 47 minutes. Thesecond shuttle mission of the yearwill conclude with a landing at KSCon Feb. 21 at about 1:43 a.m. CST.\nWhile \nDiscovery is poised to begin\nits mission, processing work on theother shuttles supporting flight oper-ations also continues on schedule.\nFollowing installation of the\nSpacelab into \nColumbia last Friday,\nKSC technicians conducted integra-tion and verification tests on themodule. Securing of the three shut-tle main engines also was complet-ed. Current plans call for \nColumbia\nto be moved to the VehicleAssembly Bldg. on March 3 and tobe moved to the launch pad oneweek later. \nColumbia’s seven astro-\nnauts will fly on STS-83, a 16-daymicrogravity sciences flight1.STS-82\nDISCOVERYSTS-82\nShannon,\nThorson tosplit offices\nThe Business and Information\nSystems Directorate once againwill become two separate direc-torates with Jim Shannon leadingthe business side and RichardThorson heading up informationsystems.\nShannon will\nserve as actingdirector of thenew BusinessManagementDirectorate. Asthe director,Shannon willlead the cen-ter’s procure-ment andresourcesfunctions that\npreviously were part of theBusiness and Information SystemsDirectorate. Shannon joined JSC in1962 and has held progressivelyresponsible positions in the MissionOperations Directorate over his 34-year career. After holding numer-ous managerial positions withinMOD, Shannon was appointed\nassistant direc-tor in 1989 andwas nameddeputy directorin 1995. \nThorson will\nserve as actingdirector of thenew Informa-tion SystemsDirectorate. Asthe acting di-rector, Thorson\nwill lead the center’s informationsystems and information technolo-gy programs that previously werepart of the Business andInformation Systems Directorate.He joined JSC in 1966 and hasheld numerous managerial posi-tions, including manager forIntegration for Space StationFreedom; deputy manager of theNational Space TransportationSystems Operations; manager ofthe Data Management and Opera-tions Office and most recently,deputy director of CenterOperations.\nShannon\nThorson\nMir 22 Flight Engineer Jerry\nLinenger sent his greetings to partic-ipants in the Houston LivestockShow and Rodeo last week butspent most of the week diving intohis experiments on the Russian MirSpace Station and preparing for thearrival of the Mir 23 crew next week. \n“Welcome everybody to the\nHouston Livestock and Rodeoshow,” Linenger said. “It is going tobe a fantastic event and I wish Iwere down there right now to joiny’all. I know that there are more than10,000 volunteers that make theshow a success and so we want tosalute all those people that put in alltheir hard work, hard effort to makethe show a success every year. And,also to those volunteers at JSC. Iknow a lot of folks down there alsoget involved in the HoustonLivestock Show and Rodeo.” \nLinenger showed off his sheriff-in-\nspace badge and hog socks androped a couple of aliens as he madedeputies of Commander ValeryKorzun and Flight Engineer\nAlexander Kaleri. \nThe break in activities came after\na busy four weeks on Mir, butLinenger said he is making himselfat home and enjoying his stay inspace.\n“So far it’s been a great experi-\nence,” Linenger said last week dur-ing an interview with WDRV inDetroit. “I have been really busydoing some great science experi-ments, but also having an enjoyabletime getting use to a new environ-ment. The floating and those thingsthat most people associate withspace becomes second naturearound here and it feels like I am athome now. The minute I got intospace I felt very comfortable physi-cally. You just have to adjust a littlebit because everything is fingertipcontrol. You can’t go boundingaround or leaping or anything likethat, you just basically use your fin-gertips and push yourself in any\nJSC workers\ntake buyoutadvantage\nA total of 113 employees took\nadvantage of the latest NASA buyout program and left JSC to pursueother interests.\nThe following is a breakdown of\nJSC employees by directorate whoelected to voluntarily resign, retire ortake an “early out” through the buy-out program. \nHuman Resources Office :\nRichard Campbell, Curtis Collins,Valerie Michaud and Elaine Trainor.\nOffice of Public Affairs : Juanie\nCampbell, Edna Campos, BunnyDean and Jim Poindexter.\nLegal Office : Harold Dantone,\nHank Flagg and John Lottinville. \nBusiness and Information Ser-\nvices Directorate : Doris Adams,\nBluford Brady, Jane Brandenstein,Anne Brenton, Warren Conner,Dean DesJardins, Ruth Elder,Jackie Fisher, Paula Fyffe, PatriciaKanz, Edward Kenyon, Theodore\nNASA Photo STS081-E-5498\nSTS-81 Mission Specialist Jeff Wisoff, right, and other Atlantis crew\nmembers give Mir 22 Flight Engineer Jerry Linenger a special inflat-able cake to celebrate his 42nd birthday before leaving him on theorbiting laboratory. \nPlease see MIR, Page 4 Please see WORKERS , Page 4In observance of Black History\nMonth, the Equal OpportunityPrograms Office will host a BlackHistory Exhibit from 11 a.m.-1:30p.m. Feb. 25 and 26 in the Bldg. 3cafeteria.\nJSC employees are encouragedto submit items for display toenhance the variety and significanceof African-Americans in Americanhistory. \nEmployees who have any items to\ndisplay can contact Patricia Burke atx30606 no later than Feb. 18.NASA Photo KSC-97EC-0221\nSTS-82 crew members are all smiles as they take a break at LaunchPad 39A in front of \nDiscovery during the Terminal Countdown\nDemonstration Test. Front row from left are, Mission Specialists SteveSmith, Greg Harbaugh and Steve Hawley. Back row from left are,Mission Specialists Joe Tanner and Mark Lee, Commander KenBowersox and Pilot Scott Horowitz. STS-82 will be the second HubbleSpace Telescope servicing mission. Liftoff is targeted for Tuesday. \nBlack history artifacts\nneeded for exhibit\nLinenger salutes Houston\nrodeo from Mir station" }

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{ "pdf_file": "QKMKFZHDUXL4UT3XEH7MJU4V7AUZHBGO.pdf", "text": "Certified Organic OperationsCertified Organic, Inc.\nPrimary Certification: cattle *32979 Pier Ridge Road, La Crescent MN 55947\n507-643-6246\nFax:, \nE-mail: Art and Jean Thicke, Enchanted Meadows\nPrimary Certification: cattle *32979 Pier Ridge Road, La Crescent MN 55947\n507-643-6246\nFax:, \nE-mail: Art and Jean Thicke, Enchanted Meadows\nPrimary Certification: dairy cattle and processing *11310 155th Street, Kimball, MN 55353\n320-398-5362\nFax:, \nE-mail: Brad and Leanne Donnay\nPrimary Certification: dairy cattle and processing *11310 155th Street, Kimball, MN 55353\n320-398-5362\nFax:, \nE-mail: Brad and Leanne Donnay\nPrimary Certification: dairy *17838 25th Street SE\n507-932-3608\nFax:, \nE-mail: Chuck Henry, Minawana FarmsPrimary Certification: dairy *17838 25th Street SE\n507-932-3608\nFax:, \nE-mail: Chuck Henry, Minawana Farms\nPrimary Certification: Crops *18210 600th Ave, Wells MN 56097\n507-317-5588\nFax:, \nE-mail: Darin & Don Yokiel\nPrimary Certification: Crops *18210 600th Ave, Wells MN 56097\n507-317-5588\nFax:, \nE-mail: Darin & Don Yokiel\nPrimary Certification: Dairy Cattle and Processing5037 State Highway 23\n607-334-4363\nFax:, \nE-mail: David Evans\nPrimary Certification: Dairy Cattle and Processing5037 State Highway 23\n607-334-4363\nFax:, \nE-mail: David Evans\n4/15/2008 Certified Organic, Inc., page 1 of 5 Primary Certification: Dairy Cattle *25861 Drexel Ave, New Prague MN 56071\n952-758-6886\nFax:, \nE-mail: David Minar\nPrimary Certification: Dairy Cattle *25861 Drexel Ave, New Prague MN 56071\n952-758-6886\nFax:, \nE-mail: David Minar\nPrimary Certification: crop *1913 Willow Blvd , Lockridge, IA 52635\n1-319-696-2468\nFax:, \nE-mail: Eugene Foster\nPrimary Certification: crop *1913 Willow Blvd , Lockridge, IA 52635\n1-319-696-2468\nFax:, \nE-mail: Eugene Foster\nPrimary Certification: processing *1800 Riverway Dr. Pekin IL 61554\n1-800-444-2169\nFax:, \nE-mail: Excalibur Seasonings Company\nPrimary Certification: processing *1800 Riverway Dr. Pekin IL 61554\n1-800-444-2169\nFax:, \nE-mail: Excalibur Seasonings CompanyPrimary Certification: Dairy Cattle and Processing *1745 Brookville Rd\n641-4772-8558\nFax:, \nE-mail: Francis and Susan Thicke\nPrimary Certification: Dairy Cattle and Processing *1745 Brookville Rd\n641-4772-8558\nFax:, \nE-mail: Francis and Susan Thicke\nPrimary Certification: Cattle and Crops 58653 190th St, Wells MN, 56097\nFax:, E-mail: Gary and Leona Yokiel\nPrimary Certification: Cattle and Crops 58653 190th St, Wells MN, 56097\nFax:\n, \nE-mail: Gary and Leona Yokiel\nPrimary Certification: Dairy Cattle Tony and Shelia Huls\n2645 Ecty Road 1300, Carthridge IL 62321\nFax:, \nE-mail: Hulls Dairy\nPrimary Certification: Dairy Cattle Tony and Shelia Huls\n2645 Ecty Road 1300, Carthridge IL 62321\nFax:, \nE-mail: Hulls Dairy\n4/15/2008 Certified Organic, Inc., page 2 of 5 Primary Certification: crop23536 160th Street\u001fNew Richland MN 56072\u001f\n507-463-8233\nFax:, \nE-mail: J & M Riverview Farms, LLC. James C or Mike Possin\nPrimary Certification: crop23536 160th Street\u001fNew Richland MN 56072\u001f\n507-463-8233\nFax:, \nE-mail: J & M Riverview Farms, LLC. James C or Mike Possin\nPrimary Certification: Cattle and crops 4075 110th Ave. NE\n320-367-2061\nFax:, \nE-mail: Jim Van Der Pol\nPrimary Certification: Cattle and crops 4075 110th Ave. NE\n320-367-2061\nFax:, \nE-mail: Jim Van Der Pol\nPrimary Certification: Proccessing *1219 Green Knolls Dr, Buffalo Grove, IL 60089\n847-634-6976\nFax:, \nE-mail: Jodi and Howard Futterman\nPrimary Certification: Proccessing *1219 Green Knolls Dr, Buffalo Grove, IL 60089\n847-634-6976\nFax:, \nE-mail: Jodi and Howard FuttermanPrimary Certification: Chicken and Crop 37684 Hilton Rd, Edgewood IA,52024\nFax:, E-mail: John Henry Yoder\nPrimary Certification: Chicken and Crop 37684 Hilton Rd, Edgewood IA,52024\nFax:\n, E-mail: John Henry Yoder\nPrimary Certification: Dairy cattle 14640 County Road 48\n320-398-7506\nFax:\n, \nE-mail: John or Chris Donnay\nPrimary Certification: Dairy cattle 14640 County Road 48\n320-398-7506\nFax:, \nE-mail: John or Chris Donnay\nPrimary Certification: cattle 12075 270th Avenue NE, Belgrade MN 56312\n320-243-7455 or 320-295-1644\nFax:, \nE-mail: Keller Ranch, William & Debbie Keller\nPrimary Certification: cattle 12075 270th Avenue NE, Belgrade MN 56312\n320-243-7455 or 320-295-1644\nFax:, \nE-mail: Keller Ranch, William & Debbie Keller\n4/15/2008 Certified Organic, Inc., page 3 of 5 Primary Certification: Dairy cattle 15310 County Road 48, Kimball MN 55353\n320-398-6370\nFax:, \nE-mail: Kevin & Erin Donnay\nPrimary Certification: Dairy cattle 15310 County Road 48, Kimball MN 55353\n320-398-6370\nFax:, \nE-mail: Kevin & Erin Donnay\nPrimary Certification: Cattle *31225 CSAH 25, Grove City MN 56243\nFax:, E-mail: Melvin Beiler\nPrimary Certification: Cattle *31225 CSAH 25, Grove City MN 56243\nFax:\n, \nE-mail: Melvin Beiler\nPrimary Certification: Creamery *Cedar Summit Creamery\nFax:, \nE-mail: Michael Minar\nPrimary Certification: Creamery *Cedar Summit Creamery\nFax:, E-mail: Michael MinarPrimary Certification: Cattle 16818 850th Ave, Sacred Heart MN 56285\nFax:\n, E-mail: Mike Schneider \nPrimary Certification: Cattle 16818 850th Ave, Sacred Heart MN 56285\nFax:\n, E-mail: Mike Schneider \nPrimary Certification: Hogs *W. 149 C5ounty Rd D\n608-297-9584\nFax:\n, \nE-mail: Paul McDowell\nPrimary Certification: Hogs *W. 149 C5ounty Rd D\n608-297-9584\nFax:, \nE-mail: Paul McDowell\nPrimary Certification: Chickens and Crops *24776-375th St.\nFax:, \nE-mail: Perry Hershberger\nPrimary Certification: Chickens and Crops *24776-375th St.\nFax:, E-mail: Perry Hershberger\n4/15/2008 Certified Organic, Inc., page 4 of 5 Primary Certification: Poultry140 Buffum Rd, New Hampshire,03771\nFax:, E-mail: Pete and Gerrys Eggs\nPrimary Certification: Poultry140 Buffum Rd, New Hampshire,03771\nFax:\n, E-mail: Pete and Gerrys Eggs\nPrimary Certification: Dairy Cattle 2370 St. Hgy. 51, Morris, NY 13808\n607-263-5340\nFax:\n, \nE-mail: Robert & Mary Myers \nPrimary Certification: Dairy Cattle 2370 St. Hgy. 51, Morris, NY 13808\n607-263-5340\nFax:, \nE-mail: Robert & Mary Myers \nPrimary Certification: Poultry aand Eggs *2518 2500 N. Ave, Sheffield, IL 61361\nFax:, \nE-mail: Sheldon Heading\nPrimary Certification: Poultry aand Eggs *2518 2500 N. Ave, Sheffield, IL 61361\nFax:, E-mail: Sheldon HeadingPrimary Certification: Processing5200 Gold Spike Dr. Ft. Worth Tx, 76106 \n817-740-4250\nFax:\n, \nE-mail: VIP Foods\nPrimary Certification: Processing5200 Gold Spike Dr. Ft. Worth Tx, 76106 \n817-740-4250\nFax:, \nE-mail: VIP Foods\n4/15/2008 Certified Organic, Inc., page 5 of 5" }

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{ "pdf_file": "KJJGH37ZCWZ4JWRQ46LKRMLAD7AZZUQX.pdf", "text": "14-4191-cr\nUnited States v. Nguyen\nUNITED STATES COURT OF APPEALS\nFOR THE SECOND CIRCUIT\nSUMMARY ORDER\nRULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT . CITATION TO A SUMMARY ORDER FILED\nON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE\nPROCEDURE 32.1 AND THIS COURT ’S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A\nDOCUMENT FILED WITH THIS COURT , A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN\nELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER ”). A PARTY CITING A SUMMARY ORDER MUST\nSERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL .\nAt a stated term of the United States Court of Appeals 1\nfor the Second Circuit, held at the Thurgood Marshall United2\nStates Courthouse, 40 Foley Square, in the City of New York,3\non the 16th day of December, two thousand fifteen. 4\n5\nPRESENT: DENNIS JACOBS,6\nPIERRE N. LEVAL, 7\nGUIDO CALABRESI, 8\nCircuit Judges . 9\n10\n- - - - - - - - - - - - - - - - - - - -X11\nUNITED STATES OF AMERICA, 12\nAppellee , 13\n14\n -v.- 14-4191-cr1516\nDAWN NGUYEN, 17\nDefendant-Appellant . 18\n- - - - - - - - - - - - - - - - - - - -X19\n20\nFOR APPELLANT: ANDREW H. FREIFELD, Law Office 21\nof Andrew H. Freifeld, New York, 22\nNY. 23\n24\nFOR APPELLEE: JAMES P. KENNEDY, JR., for 25\nWilliam J. Hochul, Jr., United 26\nStates Attorney for the Western 27\nDistrict of New York, Buffalo, 28\nNY. 29\n1 1\nAppeal from a judgment of the United States District 2\nCourt for the Western District of New York (Larimer, J .). 3\n4\nUPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED 5\nAND DECREED that the judgment of the district court be 6\nAFFIRMED . 7\n8\nDawn Nguyen appeals from the judgment of the United 9\nStates District Court for the Western District of New York10\n(Larimer, J .) convicting her of (i) making false statements 11\nin connection with the acquisition of a firearm, (ii)12\ndisposing of a firearm to a convicted felon, and (iii)13\npossessing firearms as a drug user. Nguyen was sentenced14\nchiefly to 96 months’ imprisonment. Nguyen challenges the15\nreasonableness of her sentence. We assume the parties’16\nfamiliarity with the underlying facts, the procedural17\nhistory, and the issues presented for review. 18\n19\n1. We review a sentence for procedural reasonableness 20\nunder a “deferential abuse-of-discretion standard.” Gall v.21\nUnited States , 552 U.S. 38, 41 (2007). That means a 22\ndistrict court’s application of the Sentencing Guidelines is23\nreviewed de novo and its factual findings are reviewed for 24\nclear error. United States v. Cossey , 632 F.3d 82, 86 (2d 25\nCir. 2011). A sentence is procedurally unreasonable if the26\ndistrict court “fails to calculate (or improperly27\ncalculates) the Sentencing Guidelines range, treats the28\nSentencing Guidelines as mandatory, fails to consider the §29\n3553(a) factors, selects a sentence based on clearly30\nerroneous facts, or fails adequately to explain the chosen31\nsentence.” United States v. Aldeen , 792 F.3d 247, 251 (2d 32\nCir. 2015) (quoting United States v. Chu , 714 F.3d 742, 746 33\n(2d Cir. 2013)). When a district court deviates from the34\nSentencing Guidelines range, “it must consider the extent of35\nthe deviation and ensure that the justification is36\nsufficiently compelling to support the degree of the37\nvariance.” Id. at 252 (internal quotation marks and 38\ncitations omitted).39\n40\nNguyen fails to establish that the district court 41\ncommitted any procedural error. The district court42\nappropriately weighed the factors laid out in § 3553(a) and43\nreasonably determined that the Sentencing Guidelines did not44\nsufficiently account for the severity of Nguyen’s conduct45\nand culpability. See United States v. Gilmore , 599 F.3d 46\n160, 169 (2d Cir. 2010). As a result, the district court47\n2 considered whether an upward departure pursuant to §§ 5K2.11\n(“death”) and 5K2.2 (“significant physical injury”) was2\nnecessary. Death and significant physical injury3\nunquestionably resulted from Nguyen’s crimes. Coupling this4\nfact with the finding that Nguyen acted “recklessly” in5\nproviding firearms to Spengler — whom she knew to be a6\nmentally unstable, convicted violent felon who mused aloud7\nabout killing his sister — provided the district court with8\na sufficient basis to invoke an upward departure under §§9\n5K2.1 and 5K2.2. See, e.g. , United States v. Aitchison , 411 10\nFed. App’x 358, 360-61 (2d Cir. 2011). 11\n12\nContrary to Nguyen’s argument, the enhancements in §§ 13\n2K2.1(b)(6)(B) and 2K2.1(c) do not mean that all of the14\ncircumstances of her offense were adequately taken into15\nconsideration in determining the guidelines range, such that16\ndeparture was not warranted under §§ 5K2.1 and 5K2.2. The17\nparticulars of her offense, such as the multiple deaths and18\ninjuries that resulted (both deemed relevant under §§ 5K2.119\nand 5K2.2), and the mayhem and massive property destruction,20\nauthorize departure beyond the § 2K2.1 enhancements, under21\nthe provisions of § 5K2.2223\nNguyen’s challenge to the district court’s factual 24\nfindings similarly fails. Based on the evidence presented25\nin the pre-sentence report and at the sentencing hearing,26\nthe district court had a more than adequate basis for27\nfinding that (i) the firearm Spengler used to shoot the28\nfirefighters was one that Nguyen had provided him, and (ii)29\nNguyen believed Spengler to be “crazy.” 3031\n2. Our review of the substantive reasonableness of a 32\nsentence is “particularly deferential”: we will set aside33\nsentences as substantively unreasonable “only in exceptional34\ncases where the trial court’s decision cannot be located35\nwithin the range of permissible decisions”; that is, where36\nthe sentence “shocks the conscience,” “constitutes a37\nmanifest injustice,” or “allowing [it] to stand would damage38\nthe administration of justice.” Aldeen , 792 F.3d at 255 39\n(internal quotation marks and citations omitted).40\n41\nThe district court had sound reasons to deviate upward 42\nfrom the Sentencing Guidelines range. Nguyen (i) knew that43\nSpengler had previously been convicted of killing his44\ngrandmother with a hammer, (ii) knew that Spengler had45\nvoiced an intent to kill his sister, (iii) believed Spengler46\nto be “crazy,” and (iv) lied to police about being a straw47\n3 man purchaser for Spengler. Thus, Nguyen’s conduct falls1\nwell outside the heartland of straw man purchase cases. On2\nthis record, the district court’s sentence of 96 months’3\nimprisonment is “within the range of permissible decisions.” 4\nId.5\n6\nAccordingly, and finding no merit in Nguyen’s other 7\narguments, we hereby AFFIRM the judgment of the district 8\ncourt.9\n10\nFOR THE COURT: 11\nCATHERINE O’HAGAN WOLFE, CLERK 121314\n4" }

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{ "pdf_file": "FGW25YJCHKX5V4CGB447WS3CQP2ZVRDY.pdf", "text": "SCHAKOWSKY: BUSH ADMINISTRATIONS MISSTATEMENT OF THE DAY ENERGY LEGISLATION\n \n \nNOVEMBER 18, 2003\nSCHAKOWSKY: BUSH ADMINISTRATION'S MISSTATEMENT OF THE DAY -  ENERGY\nLEGISLATION\n \nWASHINGTON, D.C. - U.S. Representative Jan Schakowsky (D-IL) issued today's \"Bush\nAdministration's Misstatement of the Day\" on energy legislation.  \n \n \nSpeaking about our nation's need for an energy policy, President Bush said:\n  \n\"America must have an energy policy that plans for the future, but meets the needs of\ntoday.  I believe we can develop our natural resources and protect our environment.\"\n(President George W. Bush from the White House Webpage - Energy Policy Section) \nHowever, the energy bill just passed by the House of Representatives today endangers\nthe environment and fails to put forward a comprehensive energy plan for America's\nfuture.   Nonetheless, the White House has indicated that the President will sign the bill.\n \nRead about H.R. 6, the energy conference report passed by the House.\n 1 / 1" }

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{ "pdf_file": "APSZJI6LK7RTS54T7IXF4JHQFEOPNCCZ.pdf", "text": " \nPSN Program Application Page 1 Top \nProject Safe Neighborhood (PSN) \nAnti-Gang Initiative and \nCommunity Prosecution/Reducing Gun Violence and Crime \n \nGeneral Application Guidelines \n \n \nhe Nevada Department of Pub lic Safety, Office of Criminal Justice Assistance (OCJA), is \nthe fiscal agent for the Project Safe Nei ghborhood (PSN). Please review these guidelines \ncarefully to apply for funding. The Catalog of Federal Domestic Assistance (CFDA) number \nfor the Anti-Gang Initiative solicitation is 16.744 . The CFDA number for the PSN Reducing \nGun Violence and Crime solicitation is 16.609. \n The hyperlinks in the document will assist you in your application process. Save your \ndocuments regularly to prevent losing data. At any time you can jump through the document by \nusing CTRL G\n, going to Bookmarks and selecting the area to jump to from the dropdown menu. \n If you haven’t done so, save this document to your hard drive before continuing. \nPSN GRANT APPLICATION DEADLINE 4:00 p.m., JUNE 8, 2007 \n Eligible Applicants\n \n \nThis program provides financial assistance to st ate and local units of government, educational \ninstitutions, faith-based and other community organizations. \n Funding Areas\n \n \nDepartment of Justice has dedicated PSN to fund current and expanded comprehensive anti-\ngang prevention and Community Prosecution/Gun Control efforts. The Anti-Gang Initiative funds will enhance PSN task force efforts to combat gangs by building on the effective strategies and partnerships developed under PSN. The Community Prosecution/Gun Control \nprojects must target gun crime and violent offenders. PSN's five essential elements: 1) partnerships, 2) strategic planning, 3) training, 4) outreach, and 5) accountability. For \nmore on these elements, visit www.ncjrs.org/html/bja/205263/\n . Additional guidance may be \nfound at http://www.ojp.usdoj.gov/BJA/psngrants/ \n \nGrant Commencement and Duration \n \nGrants will be awarded for a twenty-four m onth period. Grant award period will be 10/01/2007 \nthru 09/30/2009 or as determined by OCJA. \n T \nPSN Program Application Page 2 Match Requirements \n \nThere is no match requirement. \n Grant Review and Selection Process\n \n \nEligible applications will be reviewed and evaluated by an independent review committee \nselected by the U.S. Attorney’s Office. The comm ittee will carefully review all sections of your \nApplication. To avoid disqualification all areas must be concise and complete; certifications \nmust be signed and dated; objectives must be measurable . If you have any que stions, contact an \nOCJA Program Manager for guidance. (contacts) \n \nReporting Requirements for Successful Applicants \n \nFiscal Reports: A Fiscal Report of grant expenditures is required monthly whether or not \nthere were expenditures for the grant . The report is due by the 15th of each month . \nFailure to submit monthly fiscal reports will prevent reimbursement of grant expenses and \nmay jeopardize grant continuation. This form is available on the OCJA web page at http://www.ocj.nv.gov\n . \n \nProgress Reports: Quarterly progress reports are required of subgrantees. Failure to submit \nprogress reports will jeopardize grant continuation. Quarterly reports are due 30 days after the close of each quarter (Due Dates: January 30\nth, April 30th, July 30th and October 30th). \nThe final report is due by October 30th . Forms are available on the OCJA web page at \nhttp://www.ocj.nv.gov . \n \nProject Evaluation: Forty-five days (November 15th ) after the close of the grant, \nsubgrantees are required to supply OCJA with an evaluation of the program for which grant funds were awarded. This evaluation will be an important part of determining future funding. \nSupplanting\n \n Grant funds may not be used to replace state or lo cal funds that would, in the absence of federal \nassistance, be available or forthcoming. Instead, gran t funds must be used to increase the total amount \nof other funds available for the grantee agency’s use. A grant recipient may not use federal grant funds to defray any costs that the recipient is already \nobligated to pay. For example, if a grantee, prior to\n applying to participate in the grant program, had \ncommitted to purchase 10 new computers for crime an alysis, then the grantee must purchase those 10 \ncomputers in addition to any computers approved in the grant budget. \n \n \n \nPSN Program Application Page 3 INSTRUCTIONS FOR APPLICATION \n \nThis Request for Application (RFA) provides the nece ssary forms, instructions, and general information \nessential for those eligible to apply for grant funds . To receive the maximum number of points available, \nthe application MUST BE COMPLETED CORRECTLY. \n \nMail to or Hand-deliver to : \n \nDEPARTMENT OF PUBLIC SAFETY \nOFFICE OF CRIMINAL JUSTICE \n1535 OLD HOT SPRINGS ROAD #10 \nCARSON CITY, NV 89711-0910 \n \nto: Map to OCJA - 1535 Hot Springs Road \n \nEach Application must be securely stapled in the top left-hand corner . Use 12 point font when preparing \nthe Application. \n \n• DO NOT bind Applications in notebooks, plastic bindings, or specially printed covers. \n• DO NOT attach supplemental information (i.e. reports, booklets, etc.) \n \nApplication Packet - Original and four copies (stapled)of the complete Request for Application \nmust include all of the following on the forms provided: \n \nPart 1. Title Page (4 points) \nPart 2. General Overview (10 points) \nPart 3. Problem Statement (15 points) \nPart 4. Goals and Objectives (15 points) \nPart 5. Method of Accomplishment (15 points) \nPart 6. Evaluation/Internal Assessment (15 points) \nPart 7. Sustainment (5 points) \nPart 8. Statement of Coordination (4 points) \nPart 9. Budget Information (itemized and narrative) (15 points) \nPart 10. Signed Certifications (2 points) \n \nFiscal Responsibilities - All recipients of federal funding ar e required to establish and maintain \naccounting systems and financial records to accurately account for funds awarded to them. Accounting \nsystems for all federal projects must ensure the following: \n \n• PSN funds are NOT commingled with funds from other federal grant sources. \n• The accounting system presents and classifies hi storical cost of the grant as required for \nbudgetary and auditing purposes. \n• Funds specifically budgeted and/or received for one project cannot be used to support \nanother. \nPSN Program Application Page 4 All grant awards are subject to audits during and within three years after the grant award period has \nclosed. \n \nAllowable Expenses (check with a Program Manager if you have questions) \n \n• Project personnel salaries and benefits, including overtime pay. \n• Equipment necessary for implementation of the program. \n• Building rental. \n• Project personnel travel/training. \n• Supplies & Operating expenses directly related to project operation. \n• Professional services (including contractors and consultants). \n \nUnallowable Expenses (not limited to the following – check with a Program Manager) \n \n• Business Cards \n• Late Charges \n• Audit Services \n• Membership Dues \n• Newspaper Subscriptions \n• Indirect Costs \n• Land/Building Acquisition \n• Badges \n• Construction \n• Rental Cars - unless previously justified and approved by OCJA \n• Bonuses, Commissions, Gifts and Incentives \n• Military-type Equipment \n• Lobbying \n• Fund Raising \n• Legal Fees \n• Supplanting: federal funds must be used to supplement existing funds for program \nactivities and not replace those funds which have been appropriated for the same purpose \n• Any expenditure not directly related to the program \n• Sales tax \n• Gun locks (for details, see www.projectchildsafe.org ). \n• Confidential funds \n• Gun buy-back programs \n• Air-time to run the national public service announcements “Mothers,” “Sentenced,” and \n“Family Prison.” \nPSN Program Application Page 5 \n GRANT PREPARATION INSTRUCTIONS \n \n READ CAREFULLY \nCONTACT PROGRAM MANAGER FOR ASSISTANCE \n \n \nPart 1. TITLE PAGE (Mandatory Form) – (4 points) \n \nUsing Microsoft Word, tab through document and enter appropriate information. Make \nsure the budgeted numbers are the same as on the completed budget application pages. \n \nDO NOT ALTER FORM \n \nDO NOT CREATE YOUR OWN FORM OR APPLICATION WILL BE RETURNED \nTO YOU \n \nReturn to Instructions Page \nPSN Title Page \n \n \n \nPart 2. GENERAL OVERVIEW / INTRODUCTION – (10 points) \n \nThis area is to outline the main focus of your grant program, giving overall details of \nyour program and what your program will acco mplish. Statistical information is not \nnecessary in this section . If this is a continuation program, include past and present \naccomplishments and future plans. Be brief. Be specific. Avoid jargon and spell out \nacronyms. Keep it simple. Establish who you are and what your project will address. \n \nTo begin writing the Overview section of your application, click here \n . \nReturn to Instructions Page \n \nLimit to 1 1/2 typewritten pages, single spaced, 12 point font \n \nPSN Program Application Page 6 Part 3. PROBLEM STATEMENT – (15 points) \n \nThe problem statement is a written presentation that describes all aspects of a problem \nincluding its nature, magnitude, severity, rate of change, persons/entities affected, and geographic scope. The problem statement must clearly describe and substantiate the \noverall issue(s) to be addressed by the project. \nThe problem statement should be in narrative form and include, but not necessarily be \nlimited to, the following: \n• a description of the geographic areas (s) affected; \n• a description of the problem and contributing factors; \n• documentation of the problem (statistical data) ; \n• who the problem affects and the consequences; \n• under what circumstances the problem occurs; \n• other efforts presently being made to assist in alleviating the problem \n(existing programs or services); \n• an explanation of how the project will address the problem and work toward a solution. \nThe problem statement should include appropr iate and most recent statistics (including \nsources of information) which document the problem (i.e. arrest rates, conviction rates, probation rates, incarceration rates, number of individuals receiving treatment, etc.) Demonstrate rates of increase or decrease in the problem by showing the percentage of \nchange for a period of time coveri ng at least two or more years. Document percentages \nof change with actual numbers (i.e., Fr om 2005 to 2006, drug arrests increased 100%; \n2005 - 100 arrests; 2006 - 200 arrests). Reflect these in your objectives . Include \nreference sources (footnotes) when needed. \n \nTo begin writing the Problem Statement section of your application, click here \n . \nReturn to Instructions Page \n \nLimit your problem statement to 2 typewritten pages, single spaced, 12 pt. Font IMPORTANT \nPSN Program Application Page 7 Part 4. GOALS AND OBJECTIVES – (15 points) \n \nProject Goals: This section should contain a separate disc ussion of each of the program goals and its \naccompanying objectives. The goals are general stat ements of the desired results or anticipated \noutcome of the program. They should address the pr oblem identified in the problem statement. The \ngoals should be generic enough to encompass more than one project and be both realistic and \nachievable. Goals should NOT be stated in measurable terms. \n \n• What do you want to achieve? \n• Explain the goal(s) of the project in simple, straightforward terms. One or two overall goals \nare sufficient. \n• The goal(s) should identify intended impacts or outcomes and the results the program has \nbeen established to achieve. \n• Each goal should have one or more measurable objective describing how you intend to \nreach that goal. \n• Be realistic. \n• State your goals in such a way a determination of whether or not they are being achieved is \npossible. \n• Your goals MUST tie into your problem statement and outcome evaluation. \n \n \n Project Objectives: Each goal should have no more than four objectives . The objectives are the \nspecific approaches to achieving each of the goals. Ob jectives focus on the met hods/activities to be used \nto address the problem; they MUST be clearly stated, realistic, and measurable . Use the statistics from \nthe Problem Statement. The measurements will be used in the evaluation of the project. The \naccomplishment of objectives shoul d result in the achievement of the goals they support. OBJECTIVES \nTHAT ARE NOT MEASUREABLE WILL BE CAUS E FOR REJECTION OF YOUR APPLICATION. \n \n \n \n \n \n \n \n \n Answer these questions in each objective: \nC WHAT you will do? \nC WHO will do the tasks? \nC WHEN will the activity be implemented? \nC HOW will they do it and HOW will they measure it? \nC INCLUDE a timetable; it demonstrates y ou have thought your program through. \nC AVOID the words might, if, could, should, would. \nC AVOID the words “To Provide”. This is always a method to achieve the objective. \nPSN Program Application Page 8 \nObjectives describe: \n• How you will achieve your goal(s)? \n• The activities necessary to accomplish your goals. \n• The objective in terms that can be measured, qualified, quantified and evaluated . \n• A timetable, where applicable, of when each objective will be met. \n \nTo see an example of a measurable objective, click here \n \n \nTip: Your goals and objectives MUST tie into the evalua tion process. Both of these sections will \nconnect with your quarterly progress reports. Don’t have too many objectives, i.e. more than \nfour is too many. Remember you must report on the progress of every objective quarterly. \n \nTo begin writing the Goals & Objectives section of your application, click here \n . \nReturn to Instructions Page \n \n \nPart 5. METHODS OF ACCOMPLISHMENT – (15 points) \n \n You MUST reference your goals and obj ectives and statistics from the Problem \nStatement. This section should describe the activities you will use to accomplish the \nobjectives. Include the performance meas ures required by BJA. Use the following \nguidelines: \n \n• Read your Problem Statement \n• Read the required Performance Measures. \n• How do you intend to solve the problem or improve the situation? \n• Discuss how your approach method will impr ove the situation and explain why this \nactivity is being pursued. \n• Provide a narrative showing how PSN fundi ng will impact or solve the stated \nproblem. \n• A specific need for training must be identified. \n• What activities will you implement to reach an objective? \n• These must tie to each goal and objective . \nPSN Program Application Page 9 \n \nLimit your Methods of Accomplishment to 2 typewritten pages, single spaced, 12 pt. font \n \nTo begin writing the Methods section of your application, click here \n . \n Return to Instructions Page \n \n \n \nPart 6. PROJECT EVALUATION/INTERNAL ASSESSMENT – (15 points) \n \nThe evaluation must tie to the objectives and the BJA established performance measures. \n If you have difficulty in determining what criteria to use in evaluating your program, \nbetter take another look at your objectives and how you plan to measure them. \n \n• How will you know the project is working? \n• How will you determine if you are meeting your objectives? \n \nEvery project design must include an evaluati on plan to determine whether the project is \naccomplishing its objectives. The evaluation s hould be designed to provide an objective \nand independent assessment of the effectiveness or usefulness of the program. \n \nProvide a plan to determine whether the pr oject accomplished the goals and objectives it \nwas designed to meet. The plan should pres ent the qualifications of the evaluator. \nDescribe the criteria used to evaluate the project’s effectiveness. Consider using an \noutside evaluator if at all possible. This will make your results more credible. \n \nWhen submitting a final report, you must also submit your evaluation of the \nproject . Both are due 45 days after the end of the project period. \n \n To begin writing the Evaluation section of your application, click here \n . \n Return to Instructions Page Tip: There should be no surprises in your methods. Objectives fully disclose your intentions \nand your methods are simply an extension of your objectives. \nPSN Program Application Page 10 \nPart 7. SUSTAINMENT (5 points) \n \n How will your project continue operation when gran t funds are no longer available? There is no \nguarantee grant funds will be available for your proj ect in the future. Provide a detailed summary \nof the plan to continue operations when these f unds are not available or are significantly reduced. \n \n \n To begin writing the Sustainment section of your application, click here \n . \n Return to Instructions Page \n \n \nPart 8. STATEMENT OF COORDINATION – (4 points) \n \nWill other agencies be involved or have an inte rest in your program? Who are they and what \nare their roles? \n \nMulti-jurisdictional task forces must provide a Memorandum of Understanding (MOU). MOU \nmust contain details as to the disposition of e quipment purchased with grant funds if the task \nforce is dissolved. MOU must be updated and signed annually. If a State of Nevada agency, \nan Inter-local Agreement must be submitted in lieu of an MOU. \n \nMany programs succeed due to the collaborated effort s of federal, state and/or local criminal \njustice, education, prevention, treatment and law en forcement agencies. Describe your efforts to \ncoordinate, cooperate, or work with other entities to ensure the success of the project activities. \nThis will reflect favorably on your application. \n To begin writing the Coordination section of your application, click here \n . \n Return to Instructions Page \n \n \nPart 9. BUDGET INFORMATION – (15 points) \n \nBUDGET COVER PAGE - All project costs MUST relate directly to and be necessary \nfor the tasks described in the Methods. Th e Budget Cover Page will be a simple line \nitem budget identifying the following categories as they apply to your program: \n \n1. Personnel costs (all costs related to salary, benefits, etc.) \n2. Consultant/Contractual Services (costs must not exceed the federal limitation of \n$450 for an 8-hour day or $56.25 per hour) \nPSN Program Application Page 11 \n3. Travel AND Training Costs (travel, transpor tation, room costs, m eals, parking, etc.) \nNote: State per diem rates will prevail unless local rates are less. \n4. Supplies/Operating Expenses \n5. Equipment \n \nMiscellaneous and Other are not considered costs. If these terms are used in any category , the \ncorresponding cost will be deducted. \n \nRound off budget figures - do not use cents. (Example: $170.57 will be $171.00) All budgets \nare subject to OCJA modifications and approval. Fill out ALL pages completely. Estimate ALL \ncosts to the nearest dollar. \nMAKE SURE THE NUMBERS ADD UP CO RRECTLY AND MATCH THE TITLE PAGE. \n \nThe budget form contains space for the budget justifi cation (use additional sheet if necessary). \nThis justification should include the details of how the amounts presented in the budget were \ndetermined. Specific instructions for comple ting each section of the budget are included on the \nbudget pages. If you have questi ons or concerns related to how to complete the budget pages, \nplease call (775) 687-3700 or an OCJA Program Manager for assistance (contacts) . \n \nWhen reviewing your budget, ask “Is this budget r easonable? Are these items necessary to the \nsuccess of our program?” If you previously had a PSN grant, look at the budget for the last 2 \nyears versus this requested budget. Are you duplicating purchases from previous years? \nEach Budget Category must be a ddressed separately as follows: \n \nCategory A - PERSONNEL COSTS \n \nThis category refers to wages a nd fringe benefits for regular or part-time salaried project \nemployees. Other persons working on the project who are not on the regular payroll must be \nclassified either as contractual or consultant . This category also includes overtime for approved \nprogram activities. \nAVOID SUPPLANTING -- Do not request federa l funding for an employee already on the \npayroll unless he/she will be repl aced by another person who is hired to augment regular agency \nstaff during the time the existing employee spe nds working on project activities. A regular \nemployee, however, may be paid overtime for tim e worked on the project. Salaries may not \nexceed those normally paid for comparable pos itions in the community and/or the unit of \ngovernment associated with the project. \nPSN Program Application Page 12 \nInstructions for Completing Budget Forms \n1. Direct Salaries and Overtime - Write in the title or position of each new employee or each \nexisting employee who will earn overtime for grant-related activities or will be compensated \nwith grant funds during training sessions. Acro ss from each position/job title listed, write in the \nannual salary for employee or the overtime wage (dollar/hour) for the position, percent of time \nto be devoted to the project (for a new employee) or number of overtime hours and the total cost \nfor the position . At the bottom of Section I, write in the total of the funds requested. \n2. Fringe Benefits - All fringe benefits are to be listed on the budget pages and will be included in \nthe total personnel costs. For fringes not listed, add under “other” and describe , i.e. uniform \nallowance, etc. \n3. Total Personnel – The total should auto-calculate; howev er, if it doesn’t, write in the total \nrequested or call OCJA for assistance. \n4. Personnel Budget Narrative - A brief statement explaining the cost basis for each position. \nExplain how each position is relate d to and essential to the project. Explain why the grant should \npay for the personnel requested. Are they essential to the success of the project? \n \nTo begin typing Personnel Budget Narrative, click here \n \n \nCategory B - CONSULTANT/CONTRACTUAL SERVICES \n \n1. Individuals - Complete Section 1 for individuals not on the regular payroll who will be reimbursed \nfor professional services. \na. Consultant Fees - For each individual consultant, ente r the name, if known, service to be \nprovided, hourly fee and estimated time on the proj ect in hours. Fees must not exceed federal \nguidelines ($450 per 8 hr. day or $56.25/hour). \nb. Consultant Expenses - List all expenses to be paid from the grant to individual consultants in \naddition to fees on the line number which corresponds to the line number of each consultant listed \nin subsection (a). List the rates used to calcula te travel, meal and other expenses. Cost may not \nexceed the state rate. \nc. Total Consultant Costs - The total should auto-calculate; however, if it doesn’t, write in the total \nrequested. \nPSN Program Application Page 13 \n2. Consultants and Contractors Budget Narrative A narrative is required explaining the basis or \ncriteria for selection of each consultant and describi ng how the service to be provided is essential to \nthe project. Detail costs and necessity to the project in the budget narrative section. \n \nNote: All procurement transactions, whether negotiate d or competitively bid, and without regard to \ndollar value, shall be conducted in a manner so as to provide maximum open and free competition. Sole \nsource contracts/consultant services must be appro ved by the Office of Criminal Justice Assistance. \n \nTo begin typing Consultant Budget Narrative, click here \n \n \n \nPSN Program Application Page 14 Category C - Travel Expenses \n \n1. In-State Travel - List each anticipated in-state trip out side the local jurisdiction stating the \npurpose of the trip, destination, and total. Breakdown of per diem costs must be included. \n2. Out-of-State Travel - List each anticipated out-of-state trip stating the purpose of the trip, \ndestination, and total cost (e.g. training, intervie w, operations, etc.) A breakdown of per diem \ncosts must be included. Three persons maximum allowed per trip. \n3. Total Travel Budget - The total should auto-calculate; however, if it doesn’t, write in the total \nrequested or call OCJA for assistance. \n4. Travel Budget Narrative - A narrative explaining the purpose of the travel and how it relates to \nthe project. \n Break out the costs of each in-state and out-of-stat e trip separately to s how the specific costs of \ntransportation, food, lodging, and othe r expenses. Remember, costs may not exceed the state rates. \nIndicate how/why the in-state and out-of-state trips are essential to the success of the project. \n \n \nPer diem * \nIn-State Travel \nOut-Of-State Travel \n \nBreakfast - Breakfast may be claimed if travel begins at 6:30 AM or \nbefore. \n$ 5.50 \n$ 5.50 \n \n Lunch - Lunch may be claimed if travel is between 11:30 AM-1:00 \nPM. \n$ 6.50 \n$ 6.50 \n \nDinner - Dinner may be claimed if trav el status is 6:30 PM or later. \n$ 14.00 \n$ 14.00 \n \nIncidental Expense (gratuities, tolls, etc.) \n$ 2.00 per day \n$ 2.00 per day \n \nLodging: \n$ 58.00 \nTraining and/or conference \nhotel rate (Receipt must be \nsubmitted) ** \n \n** Meals included in conference or meeting registration fees, or meals on airlines will not be reimbursed. Employees must be \nat least 15 miles from work station to claim reimbursement. (A copy of the agenda must be attached to claims for \nreimbursement.) \n \n** Excessive lodging rates must be jus tified and have prior OCJA approval. \nCurrent State mileage rates for personal vehicle usage will apply. Check with OCJA for the current rate. \n \nTravel begins from the time a person leaves th eir home/work station (not the time your flight \nleaves/arrives) and ends upon arrival at home/work station. \nTravel/Training not approved in budget will require justification and pre-approval by the OCJA \nprogram manager. \n \n \nPSN Program Application Page 15 \n5. Training must be necessary for the success of the project and be for a project employee. (No more \nthan three persons may attend an out-of-state trai ning without prior approva l.) Reimbursement for \ntraining costs may not be submitted until tr aining has been completed and paid for by the agency. \n \nTo begin typing Training Budget Narrative, click here \n \nCategory D - Supplies and operating expenses \n \n1. Supplies/Operating - This Section includes office supplies, forms, project supplies, repairs or \nmaintenance supplies, and equipment items costing under $500; essentially, material which is expendable or consumed during the course of the project. \n List items such as postage, forms, office supplies, training materials, etc. along with the quantity, unit \ncost, and total cost. Explain how you came up with the amount you are requesting. \n This section includes all operating expenses i nvolving rental/lease arrangements and purchase of non-\nconsultant type services. \n For each item listed, enter the rate or unit cost. \n2. Total Supplies and Operating Expense Budget - The total should auto- calculate; however, if it \ndoesn’t, write in the total requested or call OCJA for assistance. \n3. Supplies and Operating Expenses Budget Narrative - A narrative that describes the basis for \narriving at the cost of items listed is required. If you rent or lease equipment or facilities, explain in \nthe narrative. Include the rate for each rental in the budget. For Maintenance Agreements, detail \neach item covered under the contract. \n Items without narrative will be deducted. \nExample 1: $200/year for computer maintenance agreement for x number of computers. \nExample 2: $1,008/year for Office Supplies = 2 employees @ $42/each per month. \n \nTo begin typing Supplies & Operating Budget Narrative, click here \n \n \nCategory E – Equipment \nList only those items that are to be purchased with PSN funds. Do not include expendable items \ncosting less than $500 per unit . Do not include rental or lease e quipment. Do not list brand names, \nrather, use the generic description of the item you are requesting. \nAfter each item listed enter the quantity to be purchased, unit costs and total cost. OCJA requests equipment purchases go through the 1122 Program. This will be outlined further in the \n“Special Conditions” form attached to your grant award. \n1. Total Equipment Costs - Total should auto-calculate; if not , enter the total cost of equipment \nfor the project. \nPSN Program Application Page 16 2. Equipment Budget Narrative - A narrative describing how the equipment will benefit the \nproject, why it is necessary to the project and consequences of not purchasing the equipment. \nBUDGET NARRATIVE - This is an explanation of the line items iden tified for each category \non the BUDGET COVER PAGE. Briefly define the relationship between the budgeted items \nlisted within each category and the project activities. BUDGET NARRATIVES MUST BE \nINCLUDED FOR EACH BUDGET CATEGORY. FOLLOW INSTRUCTIONS CAREFULLY. \n To begin writing the Budget section of your application, click here \n . \n Return to Instructions Page \n \nNEGOTIATION OF FINAL TERMS INCLUDING BUDGET : Based upon the \nrecommendations of the Review Committee, OCJA personnel may negotiate conditions of \nthe project or the project’s budget with the applicant. \n To begin typing Equipment Budget Narrative, click here \nTip: After preparing the program narrative portion of the Application, it may be \nhelpful to list the major activities/tasks requi red by the project. Note the individual \nexpenses, including personnel time, related to each item. This will help ensure that for all \nactivities/tasks described in the Application th e related costs appear in the budget and are \nexplained correctly in the budget narrative. \nPSN Program Application Page 17 \n \n \nPart 10. CERTIFIED ASSURANCES/SIGNATURE FORMS ( 2 points) \n \nFour mandated forms must be properly signed for the Application to be valid. \n \n1. CERTIFIED ASSURANCES - This two-page form must be signed by the Governmental \nUnit (i.e., Mayor, County Commissioner, City Supervisor) and the Applicant Agency (i.e., \nPolice Chief, Sheriff, District Attorney, State Agency Director) for this Application to be \nvalid . If it is not possible to secure both signatur es, a statement must be included with the \nApplication certifying the signatures will be obtained prior to commencement of grant. If \nthe fully executed form is not received by OCJA by the deadline, the award may be canceled \nor prorated. \n \n2. CERTIFICATIONS REGARDING LOBBY ING; DEBARMENT, SUSPENSION AND \nOTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE \nREQUIREMENT - Read carefully before si gning. Please call this office at (775) 687-3700 \nif you have any questions (contacts) . \n \n3. EQUAL EMPLOYMENT OPPORTUNITY PLAN FORM \n \n4. IMMIGRATION AND NATURALIZATION SERVICE FORM - All applicants must \nsubmit the INS assurance form included with this Application. It is required that all law \nenforcement agencies be in compliance and re port to the INS when a suspected alien is \narrested for a felony or deportable misdemeanor. \n \n \n To begin writing the Assurances section of your application, click here \n . \n Return to Instructions Page \n \nPart 11. Application CHECKLIST \n \nThe Application Checklist is included for your use only and should not be returned with your \napplication forms. This checklist will ensure you have included all pertinent documents with \nyour application form. You must submit an original and four copies to OCJA by the deadline. \n \nTo go to the Checklist, click here \n Return to Instructions Page \n \n \n \nPSN Program Application Page 18 ADDITIONAL INFORMATION \n \nA complete Application addresses each of the sections listed above. If you should have any \nquestions in the preparation of your Applica tion, format or funding please call (775) 687-3700 \nor a program manager shown on the staff listing for assistance (contacts) . \n \n \nAppeals \n \nApplicants whose requests are not funded have th e right to appeal the decision. Any applicant \nwhose Application has been filed according to th e rules governing the grant process, and who is \naggrieved by the awards made pursuant to these rules, may request an appeal based on showing \nthat the rules governing the grant selection process have not been properly applied. \n \nRequests for appeal must be filed with U.S. Attorney, District of Nevada, 333 Las Vegas Blvd \nSouth, Suite 5000, Las Vegas, NV 89101, within se ven working days of the notification of \ndenial. Requests for appeal must be in writi ng and clearly state how the Office of Criminal \nJustice Assistance or the review committee erred in following the administrative rules governing \nthe grant process or the procedure outlined in th e program RFA. The review will be conducted as \nexpeditiously as possible so all funds can be di stributed in a timely fashion. This procedure \nconcludes the review process at the administrative level. \n \nAvoid common pitfalls B \n \n• Ensure budget figures are mathematically correct , and the total of the budget summary matches \nthe total on the title page; \n \n• Observe page limitations; \n \n• Use standard type size (12 point font); \n \n• Respond to all sections of the Application; \n \n• Remember any funds referred to as miscellaneous /other in the budget sec tion will be disallowed; \n \n• Supply the required number of copies ( one original and four (4) copies ), without binding. If all \nrequired copies are not included, your grant cannot be accepted. \n \nPSN Program Application Page 19 HELPFUL HINTS \n \nTo help write a successful proposal, ask yourself the following questions. \n \nHave you: \n1. Read the solicitation carefully? 2. Followed all instructions, including: \na. The recommended format? b. The narrative content and length? c. The required font, spacing, etc? \n3. Provided all required information, i.e. \na. Completed all the forms? b. Filled in all the blanks? c. Obtained all official signatures? \n4. Developed a proper narrative that: \na. Defined the problem? b. Specified proposed actions? c. Stated how actions will solve the problem? d. Described evaluation criteria? e. Included source information for factual citations? \n5. Used clear English, in particular: \na. Avoided acronyms, unless defined? b. Avoided technical jargon? \n6. Developed a budget that contained the costs of the proposal? Are your costs: \na. Reasonable? b. Allowable? c. Cost effective in relation to the proposed activities? d. Accurately calculated? \n7. Have you created measurable objectives? Are they within the specified guidelines? 8. Made all of the required copies? 9. Finished by the deadline? RETURN TO BEGINNING OF GUIDELINES\n \nPSN Program Application Page 20 CHECKLIST \n \nThe following items must be returned as part of the Grant Application. \n \n Title Page \n \n Overview \n \n Problem Statement \n \n Goals & Objectives (Must be measurable) \n \n Methods of Accomplishment \n \n Evaluation/Internal Assessment \n \n Budget Form with narratives \n \n Inter-Agency Agreement or Memorandum of Understanding for current year \n \n Certified Assurances (Must be signed by au thorized official. Please use blue ink) \n \n Certification regarding Lobbying and Deba rment and Drug-Free Workplace Requirements \n \n Equal Employment Opportunity Plan Form \n \n Immigration and Naturalization Service Form \n \n Return Original and Four copies stapled in upper left corner to OCJA by the deadline. \n \n \nTHIS FORM IS FOR CONVENIENCE ONLY \nAND SHOULD NOT BE RETURNED WITH APPLICATION \n \n \nReturn to Beginning of Guidelines \nPSN Program Application Page 21 Office of Criminal Justice Assistance \n1535 Old Hot Springs Rd #10 \nCarson City NV 89706 \n(775) 687-3700 Fax(775) 687-4171 \n \n Sandy Mazy (775) 687-4166 smazy@dps.state.nv.us\n \nAdministrator Michelle Hamilton (775) 687-1289 mhamilton@dps.state.nv.us\n \nManagement Analyst Charise Whitt (775) 687-3700 cwhitt@dps.state.nv.us\n \nGrants & Projects Analyst Michael Lambrecht (775) 687-4170 mlambrecht@dps.state.nv.us\n \nManagement Analyst/1033 Program Carla Wilson (775) 684-8077 \ncwilson@dps.state.nv.us \nGrants and Projects Analyst/1122 Program \n \n \nTo return to a specific location in the Application Guidelines, \n \n• CTRL G \n• Select BOOKMARK \n• Select location from the DROPDOWN MENU \n• Click GOTO \n• Click CLOSE \n \nAnother method is to go to VIEW, DOCUMENT MAP \n \nTo return to TOP of Guidelines, click here \nPSN Program Application Page 1 Part 2. GENERAL OVERVIEW \n \n \n Return to Guidelines\n \n Continue to Problem StatementThis will be a “general” synopsis of your program. No statistics . Tell the reviewer who you are, \nwhat you have achieved and what you hope to accomplish. Begin typing below this box. \nPSN Program Application Page 2 Part 3. PROBLEM STATEMENT \n \n \n Return to Guidelines\n \n Continue to Goals & Objectives\n Be very specific. Tell the reviewer exactly what you want to do. Explain why you believe there is a \nproblem. Use recent statistics and references. You must include the statistics which will drive your \nobjectives. Begin typing below this box. \nPSN Program Application Page 3 Part 4. GOALS & OBJECTIVES \n \n \n \n \n \nGoal 1: \n \n Example of Goal & Objective\n \n Return to Guidelines\n \n Continue to MethodsThis is a critical component of your application process. Read the Guidelines carefully before \ncontinuing with this section. Errors in this section can cause your entire application to be rejected. \n \nUse the statistics collected for the Problem Statement. \nPSN Program Application Page 4 Part 5. METHODS OF ACCOMPLISHMENT \n \n \n Return to Guidelines\n \n Continue to Evaluation\n How will you plan to achieve your goals and objectives. Be specific. \nPSN Program Application Page 5 Part 6. EVALUATION OF PROJECT \n \n \n Return to Guidelines\n \n Continue to Sustainment of Program\n You should consider either hiring an outside evaluator or having someone who is not affiliated with your \nprogram do an evaluation for you. The final evaluation of your program must be submitted within 90 days \nof the grant closing. Begin typing below this box. \nPSN Program Application Page 6 Part 7: Sustainment of Program \n \n \n \n Return to Guidelines\n \n Continue to Coordination of ProjectDescribe how your program will continue when federal funding is no longer available or is \nsignificantly reduced. Begin typing below this box. \nPSN Program Application Page 7 Part 8: Statement of Coordination \n \n \n Return to Guidelines\n \n Be sure to save this document. Describe what other agencies/departments/resources will be involved in your program and how they \nwill assist in your efforts to achieve your goals. Begin typing below this box. This section is for your information only and shoul d not be returned with your grant application. \n \nExample One \n \nGoal: To maximize Court resources and reduce recidivism in each Court jurisdiction. \n \nProblem Statement: The applicant should document the number of recidivists in each Court, then \ncompare that number to existing and meaningful data, i.e., historical recidivism rates for that Court \nor, to statewide and national averages or, averages for similarly sized jurisdictions. If your jurisdiction’s numbers are right-on with others (not notably higher), then you don’t have a problem \nand the use of grant funds here is not advised, since recidivism will always exist and yours is “as good as it gets.” Your goal actually contains two problems: the firs t is recidivism and the second, Court resources. \nWe cannot assume that recidivism by itself is the source of the Court’s overwhelm. So, you’ll also need to measure the impact that recidivists have on the Court. Your problem statement for this element should demonstrate that, of the total man-hours (account for Judges, prosecutors and support staff) per week/month/year the Court expends, xx% is spent dealing with \nrecidivists. Compare that to other Courts’ data as suggested above. \nObjective 1: Now that you’ve measured the number of recidivists, you can measure the impact the \nproposed program will have on that statistical pr oblem. Your measurable objective should answer \nthese five important questions: \n \n1. Who \n2. Will do what 3. When 4. How much 5. As measured by . . . \n So, an objective for this program might look like this: The number of recidivists appearing before the Court [ who] will be reduced [ will do what ] by 8% \n[how much ] in fiscal year 2003 [ when ], as measured by an ongoing analysis of Court records [ as \nmeasured by ]. \n In order for this objective to have merit: \n• The applicant must\n have measured the number of recidivists historically. \n• The applicant must forecast impact (a reduction of recidivism) based on real-world research \nof similar programs’ impacts, (not to be confused with fantasy and “I think I can” assertions.) \n• The applicant must track, on an ongoing basis, incidents of recidivism during the period of \ngrant funding. \n \nThe end result is an objective proposal in which the definition of success is agreed to in advance. \nOversimplified, it reads like this: “The Court sees 1,800 cases per year of which 400 are recidivists. The proposed program will reduce this number to 300 for a total annual recidivist case load of 1,400, \nand we’re going to prove it by counting the number of recidivists seen by the Courts next year.” \n It is important you distinguish between “process objectives” and “outcome objectives.” We MUST have measurable “outcome objectives” to see what progress is being made in your program. Process objectives may be very useful but shoul d only appear in the Methods section of your \nproposal so they are not confused with the results of your proposed. \nExample of a Process Objective (not acceptable in your application ) \n Ten Narcotic officers will complete a 5 week training program by the end of the 2006 academic year, measured by program attendance records. \nExample of an Outcome Objective (acceptable in your application) \n \nTen Narcotic officers [who] will increase their grant writing skills [what] by 20% [how much] by the \nend of the 2006 fiscal year [when] as measured by pre and post program test scores [as measured \nby]. If you can’t answers all of the five questions, then you have a Process Objective which will cause your application to be rejected. Continue to writing Goals & Objectives\n \n Go to Top of Guidelines-\n \n \nINSTRUCTIONS FOR TITLE PAGE OFFICE OF CRIMINAL JUSTICE ASSISTANCE \nPROJECT SAFE NEIGHBORHOOD (PSN) \nANTI-GANG INITIATIVE AND \nCOMMUNITY PROSECUTION/REDUC ING GUN VIOLENCE & CRIME \n \nTab through this document entering requested data. Do not leav e spaces blank. If not applicable, enter N/A. Save the \ndocument with a new name before printing. \nApplicant Agency: Enter the official title of the agency requesting the grant. \nAddress: Enter the mailing address of applicant agency. \nProject Title: Enter a brief descriptive title. A previously funde d application should have the same title it used in \nthe past. Be sure to check with an X, either ANTI-GANG or REDUCING GUN VIOLENCE & CRIME. \nProject Period: Enter the expected starting and completion date s of the project. Unless pre-approval has been \ngiven by OCJA, the dates will be October 1 through September 30. \nProject Director: Enter the name, title, address, phone number, fa x number, and e-mail address of the person who \nwill have direct responsibility for administering the project. \nFiscal Officer: Enter the name, title, address, phone number, fax number, and e-mail address of the person who will \nbe responsible for the fiscal management of the project. The fiscal officer MUST be someone other than the project \ndirect. \nProject Contact Person: Enter the name, title, address, phone number, fax number, and e-mail address of the \nperson we should contact with questions regarding this gran t. This should be the person actually administering the \nproject. \nBudget Summary: When you have completed the budget pages, fill in this budget summary. Double check all \naddition to make certain all numbers match. \n \nThe sheriff, division chief, age ncy head, or other official ultimately responsible for this program must sign this \ndocument. OFFICE OF CRIMINAL JUSTICE ASSISTANCE \nPROJECT SAFE NEIGHBORHOOD (PSN) \nANTI-GANG INITIATIVE OR REDUC ING GUN VIOLENCE & CRIME \n \nTitle Page \nApplicant Agency: \nAddress: \nProject Title: \nPlease Check with an X : ANTI-GANG OR REDUCING GUN VIOLENCE \nProject Period: From: T o : \n \nProject Director: \n N a m e : Title: \n Address: City/Zip: \n Telephone: F a x : \n E-mail: \n \nFiscal Officer: \n N a m e : Title: \n Address: City/Zip: \n Telephone: F a x : \n E-mail: \n \nProject Contact Person : \n N a m e : Title: \n Address: City/Zip: \n Telephone: F a x : \n E-mail: \n \nBudget Summary: \n Federal $ Requested \nPersonnel \nTravel/Training \nSupplies/Operating \nEquipment \nContractor/Consultant \nTOTAL FEDERAL $ REQUESTED \n \n Certification: \nThe signature of the authorized official of the agency ma king application hereby certifies the accuracy of the informatio\nn\napplication and agrees to comply with all provisions of the applicable grant program. \nN a m e : Telephone \nTitle: F a x \n \nSignature Date \n \nYOU MAY COPY OR SCAN THIS DOCUMENT \nBUT YOU MAY NOT ALTER THE FORMAT \n \n \n \n " }

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{ "pdf_file": "2G54QACZZK5MIIKK25USTLNPN66FST63.pdf", "text": "Current Forecast: December 6, 2016; Previous Forecast: November 8, 2016\nQ1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 2014 2015 2016 2017 2014-2015 2015-2016 2016-2017\nU.S. Energy Supply\n U.S. Crude Oil Production (million barrels per day)\n Current 9.49 9.47 9.41 9.30 9.17 8.85 8.67 8.75 8.75 8.74 8.70 8.94 8.76 9.42 8.86 8.78 7.4% -5.9% -0.9%\n Previous 9.49 9.47 9.41 9.30 9.17 8.85 8.68 8.68 8.68 8.71 8.67 8.87 8.76 9.42 8.84 8.73 7.4% -6.1% -1.3%\n Percent Change 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% -0.1% 0.7% 0.7% 0.4% 0.3% 0.8% 0.0% 0.0% 0.2% 0.6%\n U.S. Dry Natural Gas Production (billion cubic feet per day)\n Current 73.44 74.50 74.51 74.08 73.77 72.38 71.89 71.94 73.22 74.48 75.34 76.13 70.93 74.14 72.49 74.80 4.5% -2.2% 3.2%\n Previous 73.44 74.50 74.51 74.08 73.77 72.38 71.73 71.51 73.06 74.41 75.81 76.93 70.93 74.14 72.34 75.06 4.5% -2.4% 3.8%\n Percent Change 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.2% 0.6% 0.2% 0.1% -0.6% -1.0% 0.0% 0.0% 0.2% -0.4%\n U.S. Coal Production (million short tons)\n Current 240.3 212.5 237.0 207.2 173.0 160.5 204.6 220.2 194.4 175.9 200.4 201.5 1000.0 897.0 758.4 772.1 -10.3% -15.5% 1.8%\n Previous 240.3 212.5 237.0 207.2 173.0 160.5 204.6 208.4 198.1 174.8 199.7 195.1 1000.0 897.0 746.5 767.7 -10.3% -16.8% 2.8%\n Percent Change 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 5.7% -1.8% 0.6% 0.3% 3.3% 0.0% 0.0% 1.6% 0.6%\nU.S. Energy Consumption\n U.S. Petroleum and Other Liquid Fuels Consumption (million barrels per day)\n Current 19.41 19.47 19.83 19.42 19.45 19.42 19.90 19.88 19.53 19.69 20.10 20.28 19.11 19.53 19.66 19.90 2.2% 0.7% 1.2%\n Previous 19.41 19.47 19.83 19.42 19.45 19.42 19.79 19.90 19.55 19.73 20.12 20.21 19.11 19.53 19.64 19.90 2.2% 0.6% 1.4%\n Percent Change 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.6% -0.1% -0.1% -0.2% -0.1% 0.3% 0.0% 0.0% 0.1% 0.0%\n U.S. Natural Gas Consumption (billion cubic feet per day)\n Current 95.88 63.40 65.48 74.19 89.30 66.81 69.24 75.57 91.73 65.84 67.89 78.59 72.86 74.65 75.22 75.96 2.5% 0.8% 1.0%\n Previous 95.94 63.57 65.73 74.34 89.38 66.89 69.54 76.90 92.26 65.97 67.85 78.06 72.86 74.81 75.66 75.97 2.7% 1.1% 0.4%\n Percent Change -0.1% -0.3% -0.4% -0.2% -0.1% -0.1% -0.4% -1.7% -0.6% -0.2% 0.1% 0.7% 0.0% -0.2% -0.6% 0.0%\n U.S. Electricity Retail Sales (million kilowatthours per day)\n Current 10,498 9,769 11,488 9,438 9,805 9,583 11,692 9,681 10,058 9,726 11,494 9,761 10,314 10,299 10,193 10,262 -0.2% -1.0% 0.7%\n Previous 10,374 9,685 11,402 9,354 9,829 9,589 11,774 9,682 10,221 9,766 11,490 9,620 10,314 10,204 10,221 10,276 -1.1% 0.2% 0.5%\n Percent Change 1.2% 0.9% 0.8% 0.9% -0.2% -0.1% -0.7% 0.0% -1.6% -0.4% 0.0% 1.5% 0.0% 0.9% -0.3% -0.1%\n U.S. Total Energy Consumption (quadrillion Btu)\n Current 26.34 23.04 24.47 23.70 25.32 23.02 24.73 24.17 25.26 22.95 24.31 24.67 98.32 97.55 97.24 97.19 -0.8% -0.3% 0.0%\n Previous 26.30 23.01 24.44 23.67 25.28 22.99 24.56 24.18 25.33 22.91 24.27 24.47 98.30 97.42 97.01 96.97 -0.9% -0.4% 0.0%\n Percent Change 0.2% 0.1% 0.1% 0.1% 0.2% 0.1% 0.7% 0.0% -0.3% 0.2% 0.2% 0.8% 0.0% 0.1% 0.2% 0.2%\nU.S. Macroeconomic and Weather\n U.S. Real Gross Domestic Product (billion chained 2009 dollars) \n Current 16,269 16,374 16,455 16,491 16,525 16,583 16,702 16,786 16,880 16,968 17,060 17,142 15,982 16,397 16,649 17,013 2.6% 1.5% 2.2%\n Previous 16,269 16,374 16,455 16,491 16,525 16,583 16,657 16,738 16,834 16,931 17,031 17,116 15,982 16,397 16,626 16,978 2.6% 1.4% 2.1%\n Percent Change 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.3% 0.3% 0.3% 0.2% 0.2% 0.1% 0.0% 0.0% 0.1% 0.2%\n U.S. Manufacturing Production Index (index 2012 = 100) \n Current 103.2 103.4 103.9 103.7 103.9 103.6 103.9 103.9 104.3 104.5 105.1 106.0 102.5 103.6 103.8 105.0 1.1% 0.3% 1.1%\n Previous 103.2 103.4 103.9 103.7 103.9 103.6 103.9 104.2 104.6 105.0 106.0 106.9 102.5 103.6 103.9 105.6 1.1% 0.3% 1.7%\n Percent Change 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% -0.3% -0.4% -0.5% -0.9% -0.8% 0.0% 0.0% -0.1% -0.6%\n U.S. Heating Degree Days\n Current 2,340 442 49 1,252 1,946 480 51 1,379 2,087 455 68 1,495 4,549 4,084 3,856 4,106 -10.2% -5.6% 6.5%\n Previous 2,340 443 49 1,253 1,947 481 50 1,426 2,090 462 70 1,495 4,549 4,085 3,903 4,117 -10.2% -4.4% 5.5%\n Percent Change 0.0% 0.0% 0.0% 0.0% 0.0% -0.2% 1.8% -3.3% -0.1% -1.5% -2.8% 0.1% 0.0% 0.0% -1.2% -0.3%\n U.S. Cooling Degree Days\n Current 46 435 875 134 54 411 966 125 45 417 871 97 1,299 1,490 1,556 1,429 14.7% 4.4% -8.1%\n Previous 46 434 875 133 54 410 969 128 45 413 863 97 1,299 1,489 1,562 1,417 14.7% 4.9% -9.2%\n Percent Change 0.0% 0.1% 0.0% 0.1% 0.3% 0.3% -0.4% -3.0% 0.2% 1.0% 0.9% -0.1% 0.0% 0.1% -0.4% 0.9%\nSource: Energy Information Administration, Short-Term Energy Outlook (http://www.eia/doe.gov/emeu/steo/pub/contents.html)STEO Current/Previous Forecast Comparisons: U.S. Energy Supply and Demand Summary\nYear Growth Rate 2015 2016 2017 Current Forecast: December 6, 2016; Previous Forecast: November 8, 2016\nQ1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 2014 2015 2016 2017 2014-2015 2015-2016 2016-2017\nU.S. Petroleum\n WTI spot ($/barrel)\n Current 48.48 57.85 46.55 41.94 33.35 45.46 44.85 48.18 49.00 49.00 51.00 53.65 93.17 48.67 43.07 50.66 -47.8% -11.5% 17.6%\n Previous 48.48 57.85 46.55 41.94 33.35 45.46 44.85 47.24 47.00 48.03 51.00 53.65 93.17 48.67 42.84 49.91 -47.8% -12.0% 16.5%\n Percent Change 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 2.0% 4.3% 2.0% 0.0% 0.0% 0.0% 0.0% 0.6% 1.5%\n Refiner composite crude oil acquisition cost ($/barrel)\n Current 47.94 57.47 47.67 40.48 30.84 42.23 43.18 47.17 48.00 48.00 49.98 52.67 92.05 48.40 40.92 49.70 -47.4% -15.5% 21.5%\n Previous 47.94 57.47 47.67 40.48 30.84 42.23 43.53 46.22 46.00 47.01 49.98 52.67 92.05 48.40 40.78 48.98 -47.4% -15.8% 20.1%\n Percent Change 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% -0.8% 2.1% 4.3% 2.1% 0.0% 0.0% 0.0% 0.0% 0.4% 1.5%\n Brent spot average ($/barrel)\n Current 53.91 61.65 50.43 43.55 33.89 45.57 45.80 48.11 50.00 50.00 52.00 54.65 98.89 52.32 43.46 51.66 -47.1% -16.9% 18.9%\n Previous 53.91 61.65 50.43 43.55 33.89 45.57 45.80 47.50 48.00 49.03 52.00 54.65 98.89 52.32 43.30 50.91 -47.1% -17.2% 17.6%\n Percent Change 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 1.3% 4.2% 2.0% 0.0% 0.0% 0.0% 0.0% 0.4% 1.5%\n Gasoline, regular-grade retail including taxes ($/gallon)\n Current 2.27 2.66 2.60 2.16 1.90 2.25 2.21 2.21 2.15 2.38 2.40 2.26 3.36 2.43 2.14 2.30 -27.8% -11.7% 7.3%\n Previous 2.27 2.66 2.60 2.16 1.90 2.25 2.21 2.15 2.05 2.35 2.40 2.25 3.36 2.43 2.13 2.27 -27.8% -12.3% 6.4%\n Percent Change 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 2.7% 4.9% 1.3% 0.1% 0.7% 0.0% 0.0% 0.7% 1.6%\n Diesel, retail including taxes ($/gallon)\n Current 2.92 2.85 2.63 2.43 2.08 2.30 2.38 2.48 2.64 2.65 2.70 2.81 3.83 2.71 2.31 2.70 -29.3% -14.5% 16.6%\n Previous 2.92 2.85 2.63 2.43 2.08 2.30 2.38 2.50 2.60 2.63 2.70 2.82 3.83 2.71 2.32 2.69 -29.3% -14.4% 15.9%\n Percent Change 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% -0.8% 1.4% 0.8% -0.2% -0.3% 0.0% 0.0% -0.2% 0.4%\n Heating Oil, residential retail including taxes ($/gallon)\n Current 2.88 2.76 2.47 2.24 1.95 2.05 2.11 2.39 2.58 2.53 2.57 2.71 3.71 2.65 2.12 2.62 -28.7% -20.0% 23.3%\n Previous 2.88 2.76 2.47 2.24 1.95 2.05 2.11 2.38 2.55 2.50 2.57 2.72 3.71 2.65 2.12 2.60 -28.7% -20.1% 22.7%\n Percent Change 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.4% 1.4% 1.1% -0.1% -0.2% 0.0% 0.0% 0.1% 0.7%\nU.S. Natural Gas\n Henry Hub spot ($ per million Btu)\n Current 2.90 2.75 2.76 2.12 2.00 2.14 2.88 2.93 3.36 3.21 3.19 3.32 4.39 2.63 2.49 3.27 -40.1% -5.5% 31.4%\n Previous 2.90 2.75 2.76 2.12 2.00 2.14 2.88 2.99 3.25 3.00 3.02 3.20 4.39 2.63 2.50 3.12 -40.1% -4.8% 24.5%\n Percent Change 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% -2.3% 3.4% 7.0% 5.5% 3.8% 0.0% 0.0% -0.7% 4.9%\n Residential Retail ($ per thousand cubic feet)\n Current 9.29 12.02 16.52 10.08 8.53 11.16 16.99 10.80 9.84 12.45 16.68 10.89 10.94 10.36 10.24 11.02 -5.3% -1.2% 7.6%\n Previous 9.29 12.02 16.52 10.08 8.53 11.16 16.82 10.51 9.68 12.27 16.45 10.71 10.94 10.36 10.15 10.85 -5.3% -2.0% 6.9%\n Percent Change 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 1.0% 2.7% 1.6% 1.4% 1.4% 1.7% 0.0% 0.0% 0.9% 1.6%\nU.S. Electric Utilities Fuel Costs ($ per million Btu)\n Coal \n Current 2.27 2.25 2.22 2.15 2.13 2.14 2.12 2.19 2.17 2.20 2.23 2.21 2.36 2.23 2.14 2.21 -5.8% -3.7% 2.9%\n Previous 2.27 2.25 2.22 2.15 2.13 2.13 2.14 2.20 2.19 2.22 2.25 2.22 2.36 2.23 2.15 2.22 -5.9% -3.3% 3.2%\n Percent Change -0.1% 0.1% -0.1% 0.1% 0.0% 0.1% -1.2% -0.1% -0.8% -0.7% -0.6% -0.2% 0.0% 0.0% -0.4% -0.6%\n Natural Gas \n Current 4.10 3.12 3.10 2.72 2.65 2.51 3.00 3.62 4.25 3.71 3.52 4.00 4.98 3.23 2.94 3.83 -35.2% -9.1% 30.5%\n Previous 4.09 3.12 3.09 2.72 2.65 2.51 3.01 3.59 4.12 3.49 3.34 3.87 4.98 3.22 2.94 3.67 -35.3% -8.8% 24.8%\n Percent Change 0.2% 0.2% 0.1% 0.1% 0.0% -0.1% -0.6% 0.9% 3.2% 6.4% 5.4% 3.2% 0.0% 0.2% -0.1% 4.5%\n Residual Fuel Oil\n Current 10.82 11.64 10.49 7.76 6.15 8.51 9.85 8.98 9.29 10.07 9.82 10.03 19.19 10.36 8.44 9.80 -46.0% -18.6% 16.1%\n Previous 10.82 11.64 10.48 7.76 6.15 8.51 10.78 9.36 9.11 9.80 9.73 10.01 19.19 10.36 8.82 9.65 -46.0% -14.9% 9.5%\n Percent Change 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% -8.7% -4.0% 2.0% 2.8% 0.8% 0.2% 0.0% 0.0% -4.3% 1.5%\nU.S. Residential Retail Electricity (cents per kilowatthour)\n Current 12.23 12.83 12.96 12.57 12.20 12.66 12.81 12.36 12.33 12.93 13.32 12.84 12.52 12.65 12.53 12.87 1.1% -1.0% 2.7%\n Previous 12.24 12.85 12.99 12.59 12.21 12.67 12.82 12.43 12.41 13.00 13.34 12.93 12.52 12.67 12.55 12.93 1.2% -1.0% 3.0%\n Percent Change 0.0% -0.1% -0.3% -0.2% -0.1% -0.1% 0.0% -0.5% -0.6% -0.6% -0.1% -0.7% 0.0% -0.2% -0.2% -0.5%\nSource: Energy Information Administration, Short-Term Energy Outlook (http://www.eia/doe.gov/emeu/steo/pub/contents.html)STEO Current/Previous Forecast Comparisons: Energy Prices\n2015 2016 2017 Year Growth Rate\nPrices are not adjusted for inflation. Current Forecast: December 6, 2016; Previous Forecast: November 8, 2016\nQ1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 2014 2015 2016 2017 2014-2015 2015-2016 2016-2017\nWorld Crude Oil and Liquid Fuels Supply (million barrels per day)\n OECD (Organization for Economic Cooperation and Development) Supply\n Current 26.76 26.51 26.89 27.12 26.97 25.92 26.25 26.53 26.43 26.56 26.55 27.14 25.81 26.82 26.41 26.67 3.9% -1.5% 1.0%\n Previous 26.76 26.51 26.89 27.12 26.97 25.91 26.21 26.48 26.47 26.52 26.52 27.07 25.81 26.82 26.39 26.65 3.9% -1.6% 1.0%\n Percent Change 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.2% 0.2% -0.1% 0.2% 0.1% 0.3% 0.0% 0.0% 0.1% 0.1%\n OPEC (Organization of the Petroleum Exporting Countries) Supply\n Current 37.59 38.30 38.76 38.56 38.38 39.07 39.68 40.02 39.87 40.18 40.42 40.42 37.45 38.31 39.29 40.22 2.3% 2.6% 2.4%\n Previous 37.59 38.30 38.76 38.56 38.38 39.08 39.66 39.97 39.90 40.17 40.42 40.42 37.45 38.31 39.28 40.23 2.3% 2.5% 2.4%\n Percent Change 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.1% -0.1% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0%\n Non-OPEC Supply\n Current 57.13 57.16 57.68 57.92 57.14 56.42 56.63 57.19 56.54 57.29 57.32 57.63 55.88 57.48 56.85 57.20 2.8% -1.1% 0.6%\n Previous 57.14 57.18 57.70 57.94 57.16 56.43 56.60 57.34 56.58 57.25 57.28 57.68 55.90 57.49 56.88 57.20 2.8% -1.1% 0.6%\n Percent Change 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.1% -0.3% -0.1% 0.1% 0.1% -0.1% 0.0% 0.0% -0.1% 0.0%\n Total World Supply\n Current 94.72 95.46 96.44 96.49 95.52 95.50 96.31 97.21 96.41 97.47 97.75 98.05 93.34 95.78 96.14 97.42 2.6% 0.4% 1.3%\n Previous 94.73 95.48 96.46 96.50 95.53 95.51 96.26 97.31 96.49 97.42 97.70 98.10 93.35 95.80 96.16 97.43 2.6% 0.4% 1.3%\n Percent Change 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% -0.1% -0.1% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0%\nWorld Crude Oil and Liquid Fuels Consumption (million barrels per day)\n OECD (Organization for Economic Cooperation and Development) Consumption\n Current 46.63 45.64 46.92 46.46 46.72 45.97 46.64 47.13 47.02 45.95 46.90 47.58 45.86 46.41 46.62 46.87 1.2% 0.4% 0.5%\n Previous 46.63 45.64 46.92 46.46 46.72 45.98 46.52 47.15 46.97 45.91 46.84 47.44 45.86 46.41 46.59 46.79 1.2% 0.4% 0.4%\n Percent Change 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.3% 0.0% 0.1% 0.1% 0.1% 0.3% 0.0% 0.0% 0.1% 0.2%\n Non-OECD Consumption\n Current 46.71 47.82 48.28 47.81 47.46 49.31 49.52 48.93 48.79 50.57 50.88 50.24 46.72 47.66 48.81 50.13 2.0% 2.4% 2.7%\n Previous 46.44 48.03 48.35 47.80 47.46 49.31 49.52 48.93 48.79 50.57 50.88 50.24 46.72 47.66 48.81 50.13 2.0% 2.4% 2.7%\n Percent Change 0.6% -0.4% -0.1% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0%\n China Consumption\n Current 11.13 11.26 11.35 11.38 11.25 11.87 11.72 11.77 11.56 12.20 12.15 12.09 10.85 11.28 11.65 12.00 4.0% 3.3% 3.0%\n Previous 10.87 11.46 11.42 11.37 11.25 11.87 11.72 11.77 11.56 12.20 12.15 12.09 10.85 11.28 11.65 12.00 4.0% 3.3% 3.0%\n Percent Change 2.4% -1.8% -0.6% 0.1% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0%\n Total World Consumption\n Current 93.34 93.46 95.19 94.26 94.18 95.29 96.16 96.06 95.81 96.52 97.78 97.83 92.58 94.07 95.43 96.99 1.6% 1.4% 1.6%\n Previous 93.08 93.66 95.26 94.26 94.18 95.29 96.04 96.08 95.75 96.48 97.73 97.69 92.58 94.07 95.40 96.92 1.6% 1.4% 1.6%\n Percent Change 0.3% -0.2% -0.1% 0.0% 0.0% 0.0% 0.1% 0.0% 0.1% 0.0% 0.1% 0.1% 0.0% 0.0% 0.0% 0.1%\nClosing Stocks (million barrels)\n OECD Commercial Inventory \n Current 2,772 2,859 2,934 2,967 2,997 3,041 3,046 3,057 3,059 3,105 3,106 3,077 2,688 2,967 3,057 3,077 10.4% 3.0% 0.6%\n Previous 2,772 2,859 2,934 2,967 2,997 3,041 3,049 3,054 3,064 3,111 3,112 3,088 2,688 2,967 3,054 3,088 10.4% 2.9% 1.1%\n Percent Change 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% -0.1% 0.1% -0.2% -0.2% -0.2% -0.4% 0.0% 0.0% 0.1% -0.4%\nOPEC Surplus Production Capacity and World Macroeconomic \n OPEC Surplus Crude OIl Production Capacity (million barrels per day)\n Current 1.94 1.56 1.34 1.56 1.85 1.26 0.96 1.14 1.42 1.18 1.00 1.17 2.08 1.60 1.30 1.19 -23.3% -18.6% -8.5%\n Previous 1.94 1.56 1.34 1.56 1.84 1.27 0.96 1.15 1.38 1.17 0.98 1.17 2.08 1.60 1.30 1.17 -23.3% -18.4% -9.9%\n Percent Change 0.0% 0.0% 0.0% 0.0% 0.4% -0.6% 0.0% -0.8% 2.2% 1.1% 2.4% 0.0% 0.0% 0.0% -0.2% 1.4%\n World Oil-Consumption-Weighted GDP Growth (annualized percent change)\n Current 2.82 2.65 2.48 2.23 2.10 2.16 2.21 2.41 2.54 2.63 2.75 2.72 2.81 2.54 2.22 2.66\n Previous 2.80 2.63 2.45 2.20 2.07 2.13 2.13 2.32 2.46 2.56 2.75 2.73 2.78 2.52 2.16 2.63\nSource: Energy Information Administration, Short-Term Energy Outlook (http://www.eia/doe.gov/emeu/steo/pub/contents.html)STEO Current/Previous Forecast Comparisons: International Crude Oil and Liquid Fuels\n2015 2016 2017 Year Growth Rate Current Forecast: December 6, 2016; Previous Forecast: November 8, 2016\nQ1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 2014 2015 2016 2017 2014-2015 2015-2016 2016-2017\nU.S. Supply (million barrels per day)\n U.S. Crude Oil Production \n Current 9.49 9.47 9.41 9.30 9.17 8.85 8.67 8.75 8.75 8.74 8.70 8.94 8.76 9.42 8.86 8.78 7.4% -5.9% -0.9%\n Previous 9.49 9.47 9.41 9.30 9.17 8.85 8.68 8.68 8.68 8.71 8.67 8.87 8.76 9.42 8.84 8.73 7.4% -6.1% -1.3%\n Percent Change 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% -0.1% 0.7% 0.7% 0.4% 0.3% 0.8% 0.0% 0.0% 0.2% 0.6%\n U.S. Natural Gas Plant Liquids Production\n Current 3.15 3.34 3.40 3.47 3.38 3.57 3.46 3.49 3.46 3.71 3.91 4.03 3.01 3.34 3.48 3.78 10.9% 4.1% 8.7%\n Previous 3.15 3.34 3.40 3.47 3.38 3.57 3.48 3.51 3.53 3.70 3.93 4.06 3.01 3.34 3.48 3.81 10.9% 4.3% 9.2%\n Percent Change 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% -0.4% -0.4% -2.1% 0.4% -0.5% -0.7% 0.0% 0.0% -0.2% -0.7%\n U.S. Ethanol Production\n Current 0.96 0.96 0.96 0.99 0.99 0.97 1.01 1.00 1.00 1.00 1.00 1.01 0.93 0.97 0.99 1.00 3.5% 2.8% 0.8%\n Previous 0.96 0.96 0.96 0.99 0.99 0.97 1.01 0.99 1.00 1.00 0.99 0.98 0.93 0.97 0.99 0.99 3.5% 2.4% 0.3%\n Percent Change 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.3% 1.0% 0.0% 0.0% 1.1% 2.5% 0.0% 0.0% 0.3% 0.9%\n U.S. Total Petroleum and Other Liquid Fuel Net Imports \n Current 5.03 4.68 4.83 4.32 4.97 4.68 5.15 4.59 4.45 4.91 4.83 4.04 5.07 4.71 4.85 4.56 -7.0% 2.9% -6.0%\n Previous 5.03 4.68 4.83 4.32 4.97 4.68 5.07 4.56 4.53 5.01 4.89 4.03 5.07 4.71 4.82 4.62 -7.0% 2.3% -4.2%\n Percent Change 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 1.6% 0.7% -1.9% -2.1% -1.2% 0.1% 0.0% 0.0% 0.6% -1.3%\nU.S. Consumption (million barrels per day)\n U.S. Gasoline \n Current 8.84 9.29 9.41 9.17 9.09 9.44 9.56 9.16 9.07 9.52 9.54 9.37 8.92 9.18 9.31 9.37 2.9% 1.5% 0.6%\n Previous 8.84 9.29 9.41 9.17 9.09 9.44 9.51 9.25 9.08 9.51 9.53 9.36 8.92 9.18 9.32 9.37 2.9% 1.6% 0.6%\n Percent Change 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.6% -1.0% -0.1% 0.0% 0.1% 0.0% 0.0% 0.0% -0.1% 0.0%\n U.S. Distillate \n Current 4.26 3.90 3.96 3.86 3.90 3.80 3.79 4.02 4.01 3.88 3.85 4.02 4.04 4.00 3.88 3.94 -1.0% -3.0% 1.7%\n Previous 4.26 3.90 3.96 3.86 3.90 3.80 3.71 3.98 4.03 3.88 3.80 3.98 4.04 4.00 3.85 3.92 -1.0% -3.7% 2.0%\n Percent Change 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 2.1% 1.0% -0.5% -0.1% 1.3% 1.2% 0.0% 0.0% 0.8% 0.5%\n U.S. Jet Fuel \n Current 1.46 1.57 1.60 1.57 1.50 1.61 1.68 1.65 1.52 1.58 1.64 1.64 1.47 1.55 1.61 1.60 5.3% 4.1% -0.9%\n Previous 1.46 1.57 1.60 1.57 1.50 1.61 1.68 1.58 1.48 1.58 1.64 1.57 1.47 1.55 1.59 1.57 5.3% 3.0% -1.7%\n Percent Change 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% -0.1% 4.5% 2.5% 0.3% 0.2% 4.5% 0.0% 0.0% 1.1% 1.8%\n U.S. Hydrocarbon Gas Liquids\n Current 2.78 2.37 2.39 2.66 2.73 2.25 2.40 2.68 2.73 2.35 2.54 2.93 2.45 2.55 2.51 2.64 4.1% -1.4% 5.0%\n Previous 2.78 2.37 2.39 2.66 2.73 2.25 2.32 2.71 2.75 2.37 2.62 2.99 2.45 2.55 2.50 2.68 4.1% -1.7% 7.1%\n Percent Change 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 3.2% -1.4% -0.7% -0.9% -2.9% -1.8% 0.0% 0.0% 0.4% -1.6%\n U.S. Total Petroleum and Other Liquid Fuels\n Current 19.41 19.47 19.83 19.42 19.45 19.42 19.90 19.88 19.53 19.69 20.10 20.28 19.11 19.53 19.66 19.90 2.2% 0.7% 1.2%\n Previous 19.41 19.47 19.83 19.42 19.45 19.42 19.79 19.90 19.55 19.73 20.12 20.21 19.11 19.53 19.64 19.90 2.2% 0.6% 1.4%\n Percent Change 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.6% -0.1% -0.1% -0.2% -0.1% 0.3% 0.0% 0.0% 0.1% 0.0%\nU.S. Closing Stocks (million barrels)\n U.S. Crude Oil \n Current 443.2 438.8 429.1 449.2 501.5 498.0 469.1 474.5 491.4 474.8 452.7 439.8 360.9 449.2 474.5 439.8 24.5% 5.6% -7.3%\n Previous 443.2 438.8 429.1 449.2 501.5 498.0 469.8 467.9 486.8 471.5 450.4 438.0 360.9 449.2 467.9 438.0 24.5% 4.2% -6.4%\n Percent Change 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% -0.2% 1.4% 1.0% 0.7% 0.5% 0.4% 0.0% 0.0% 1.4% 0.4%\n U.S. Total Gasoline \n Current 232.9 221.1 225.2 235.5 243.3 242.1 227.0 237.7 233.7 229.5 228.8 240.5 240.4 235.5 237.7 240.5 -2.0% 1.0% 1.1%\n Previous 232.9 221.1 225.2 235.5 243.3 242.1 227.1 239.5 233.6 229.8 228.9 240.8 240.4 235.5 239.5 240.8 -2.0% 1.7% 0.5%\n Percent Change 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% -0.1% -0.7% 0.0% -0.1% 0.0% -0.1% 0.0% 0.0% -0.7% -0.1%\n U.S. Distillate Fuel Oil\n Current 128.7 139.6 149.4 161.3 160.6 149.2 160.4 160.1 141.9 144.7 151.6 151.5 136.3 161.3 160.1 151.5 18.4% -0.7% -5.4%\n Previous 128.7 139.6 149.4 161.3 160.6 149.2 160.2 157.5 138.7 141.4 148.3 148.5 136.3 161.3 157.5 148.5 18.4% -2.4% -5.7%\n Percent Change 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.1% 1.7% 2.3% 2.3% 2.2% 2.0% 0.0% 0.0% 1.7% 2.0%\nSource: Energy Information Administration, Short-Term Energy Outlook (http://www.eia/doe.gov/emeu/steo/pub/contents.html)STEO Current/Previous Forecast Comparisons: U.S. Petroleum and Other Liquid Fuels\n2015 2016 2017 Year Growth Rate Current Forecast: December 6, 2016; Previous Forecast: November 8, 2016\nQ1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 2014 2015 2016 2017 2014-2015 2015-2016 2016-2017\nU.S. Supply (billion cubic feet per day)\n U.S. Total Marketed Production \n Current 78.03 79.17 79.17 78.72 78.66 77.52 76.88 76.89 78.25 79.60 80.52 81.36 75.34 78.78 77.48 79.94 4.6% -1.6% 3.2%\n Previous 78.03 79.17 79.17 78.72 78.66 77.52 76.70 76.44 78.11 79.55 81.04 82.25 75.34 78.78 77.33 80.25 4.6% -1.8% 3.8%\n Percent Change 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.2% 0.6% 0.2% 0.1% -0.7% -1.1% 0.0% 0.0% 0.2% -0.4%\n U.S. Federal GOM Marketed Production\n Current 3.27 3.54 3.81 3.49 3.48 3.34 3.23 3.31 3.35 3.33 3.21 3.22 3.43 3.53 3.34 3.28 2.8% -5.4% -1.8%\n Previous 3.27 3.54 3.81 3.49 3.48 3.34 3.27 3.31 3.35 3.33 3.21 3.22 3.43 3.53 3.35 3.28 2.8% -5.1% -2.1%\n Percent Change 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% -1.2% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% -0.3% 0.0%\n U.S. Lower 48 ex GOM Marketed Production\n Current 73.77 74.70 74.49 74.25 74.20 73.32 72.77 72.63 73.93 75.44 76.54 77.22 70.96 74.30 73.23 75.79 4.7% -1.4% 3.5%\n Previous 73.77 74.70 74.49 74.25 74.20 73.32 72.61 72.21 73.78 75.40 77.07 78.10 70.96 74.30 73.08 76.10 4.7% -1.6% 4.1%\n Percent Change 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.2% 0.6% 0.2% 0.1% -0.7% -1.1% 0.0% 0.0% 0.2% -0.4%\n U.S. Pipeline Gross Imports \n Current 8.4 6.7 6.7 7.1 8.1 7.8 8.1 7.6 8.5 7.2 7.3 7.5 7.2 7.2 7.9 7.6 -0.4% 9.9% -3.9%\n Previous 8.4 6.7 6.7 7.1 8.1 7.8 8.1 8.0 8.5 7.2 7.3 7.5 7.2 7.2 8.0 7.6 -0.4% 11.3% -5.1%\n Percent Change 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% -0.1% -5.0% -0.1% -0.1% 0.0% 0.0% 0.0% 0.0% -1.3% 0.0%\n U.S. LNG Gross Imports \n Current 0.43 0.08 0.26 0.24 0.33 0.19 0.18 0.19 0.27 0.17 0.18 0.22 0.16 0.25 0.23 0.21 54.4% -10.0% -8.0%\n Previous 0.43 0.08 0.26 0.24 0.33 0.19 0.21 0.19 0.27 0.17 0.18 0.22 0.16 0.25 0.23 0.21 54.4% -7.2% -10.7%\n Percent Change 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% -13.1% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% -3.0% 0.0%\n U.S. Gross Exports\n Current 5.04 4.43 4.91 5.17 5.78 5.96 6.52 6.74 7.47 7.33 7.46 7.77 4.15 4.89 6.25 7.51 17.8% 27.9% 20.1%\n Previous 5.04 4.43 4.91 5.17 5.78 5.96 6.45 6.28 7.31 7.25 7.41 7.75 4.15 4.89 6.12 7.43 17.8% 25.2% 21.5%\n Percent Change 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 1.1% 7.3% 2.2% 1.1% 0.6% 0.3% 0.0% 0.0% 2.2% 1.0%\nU.S. Consumption (billion cubic feet per day)\n U.S. Residential \n Current 27.46 6.82 3.47 13.02 22.46 7.13 3.48 14.41 24.34 7.07 3.55 15.28 13.94 12.63 11.86 12.51 -9.4% -6.1% 5.5%\n Previous 27.46 6.82 3.47 13.02 22.46 7.13 3.54 14.85 24.38 7.05 3.57 15.33 13.94 12.63 11.98 12.53 -9.4% -5.1% 4.6%\n Percent Change 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% -1.7% -3.0% -0.2% 0.3% -0.5% -0.3% 0.0% 0.0% -1.0% -0.2%\n U.S. Commercial \n Current 15.93 5.80 4.42 9.02 13.43 5.99 4.59 9.96 14.60 6.10 4.56 10.48 9.50 8.76 8.48 8.91 -7.7% -3.2% 5.1%\n Previous 15.93 5.80 4.42 9.02 13.43 5.98 4.60 9.99 14.61 6.13 4.54 10.20 9.50 8.76 8.49 8.85 -7.7% -3.1% 4.1%\n Percent Change 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% -0.4% -0.3% -0.1% -0.5% 0.4% 2.8% 0.0% 0.0% -0.1% 0.7%\n U.S. Industrial \n Current 22.71 19.66 19.27 20.97 22.59 20.18 20.21 21.18 23.04 20.54 20.00 21.69 20.95 20.64 21.04 21.31 -1.5% 1.9% 1.3%\n Previous 22.71 19.66 19.27 20.97 22.59 20.17 20.13 21.26 22.74 20.29 19.97 21.73 20.95 20.64 21.04 21.18 -1.5% 1.9% 0.7%\n Percent Change 0.0% 0.0% 0.0% 0.0% 0.0% 0.1% 0.4% -0.4% 1.4% 1.2% 0.1% -0.2% 0.0% 0.0% 0.0% 0.6%\n U.S. Electric Power Sector\n Current 22.98 25.11 32.25 24.92 24.19 27.50 34.91 23.78 22.99 25.95 33.46 24.50 22.32 26.34 27.60 26.75 18.0% 4.8% -3.1%\n Previous 23.05 25.28 32.50 25.07 24.27 27.58 35.21 24.57 23.83 26.41 33.52 24.23 22.32 26.50 27.92 27.02 18.7% 5.4% -3.2%\n Percent Change -0.3% -0.7% -0.8% -0.6% -0.3% -0.3% -0.9% -3.2% -3.5% -1.7% -0.2% 1.1% 0.0% -0.6% -1.1% -1.0%\n U.S. Total Consumption \n Current 95.88 63.40 65.48 74.19 89.30 66.81 69.24 75.57 91.73 65.84 67.89 78.59 72.86 74.65 75.22 75.96 2.5% 0.8% 1.0%\n Previous 95.94 63.57 65.73 74.34 89.38 66.89 69.54 76.90 92.26 65.97 67.85 78.06 72.86 74.81 75.66 75.97 2.7% 1.1% 0.4%\n Percent Change -0.1% -0.3% -0.4% -0.2% -0.1% -0.1% -0.4% -1.7% -0.6% -0.2% 0.1% 0.7% 0.0% -0.2% -0.6% 0.0%\nU.S. Working Gas in Storage (billion cubic feet)\n Current 1,480 2,656 3,622 3,675 2,496 3,197 3,717 3,477 1,946 2,804 3,590 3,372 3,141 3,675 3,477 3,372 17.0% -5.4% -3.0%\n Previous 1,480 2,656 3,622 3,675 2,496 3,197 3,714 3,377 1,869 2,742 3,547 3,341 3,141 3,675 3,377 3,341 17.0% -8.1% -1.0%\n Percent Change 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.1% 3.0% 4.1% 2.2% 1.2% 0.9% 0.0% 0.0% 3.0% 0.9%\nU.S. Balancing Item (billion cubic feet per day) (Consumption - Supply)\n Current 0.03 -0.62 -0.75 -1.62 -0.35 0.01 1.06 -0.17 0.04 0.62 0.95 0.01 -0.78 -0.75 0.14 0.41\n Previous 0.09 -0.45 -0.50 -1.47 -0.27 0.08 1.40 -0.34 0.83 0.91 0.59 -1.21 -0.78 -0.59 0.22 0.28\nSource: Energy Information Administration, Short-Term Energy Outlook (http://www.eia/doe.gov/emeu/steo/pub/contents.html)STEO Current/Previous Forecast Comparisons: U.S. Natural Gas\n2015 2016 2017 Year Growth Rate Current Forecast: December 6, 2016; Previous Forecast: November 8, 2016\nQ1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 2014 2015 2016 2017 2014-2015 2015-2016 2016-2017\nU.S. Electricity Generation, All Sectors (thousand megawatthours per day)\n U.S. Total Generation\n Current 11,324 10,754 12,420 10,187 10,663 10,753 12,760 10,570 10,904 10,882 12,515 10,739 11,215 11,172 11,189 11,263 -0.4% 0.2% 0.7%\n Previous 11,355 10,770 12,460 10,207 10,671 10,772 12,820 10,608 11,074 10,918 12,513 10,590 11,215 11,198 11,221 11,276 -0.2% 0.2% 0.5%\n Percent Change -0.3% -0.1% -0.3% -0.2% -0.1% -0.2% -0.5% -0.4% -1.5% -0.3% 0.0% 1.4% 0.0% -0.2% -0.3% -0.1%\n U.S. Coal\n Current 4,088 3,508 4,258 2,973 3,058 2,965 4,203 3,384 3,554 3,216 3,940 3,413 4,333 3,705 3,405 3,532 -14.5% -8.1% 3.7%\n Previous 4,091 3,512 4,276 2,988 3,066 2,972 4,228 3,332 3,622 3,193 3,921 3,284 4,333 3,715 3,402 3,505 -14.3% -8.4% 3.1%\n Percent Change -0.1% -0.1% -0.4% -0.5% -0.2% -0.2% -0.6% 1.6% -1.9% 0.7% 0.5% 3.9% 0.0% -0.3% 0.1% 0.7%\n U.S. Natural gas\n Current 3,249 3,470 4,383 3,500 3,429 3,767 4,700 3,360 3,245 3,556 4,515 3,438 3,087 3,653 3,815 3,691 18.4% 4.4% -3.2%\n Previous 3,248 3,477 4,392 3,503 3,427 3,777 4,738 3,463 3,346 3,601 4,519 3,409 3,087 3,658 3,852 3,721 18.5% 5.3% -3.4%\n Percent Change 0.0% -0.2% -0.2% -0.1% 0.1% -0.2% -0.8% -3.0% -3.0% -1.2% -0.1% 0.8% 0.0% -0.1% -1.0% -0.8%\n U.S. Petroleum\n Current 123 61 70 56 68 63 72 63 75 68 76 67 83 77 66 72 -6.6% -14.3% 8.0%\n Previous 124 61 72 57 69 63 75 64 78 69 77 66 83 78 68 72 -5.9% -13.1% 7.0%\n Percent Change -0.4% 0.4% -1.8% -1.0% -1.0% -0.8% -3.7% -2.7% -3.5% -1.4% -0.8% 1.5% 0.0% -0.7% -2.1% -1.1%\n U.S. Nuclear\n Current 2,248 2,133 2,286 2,070 2,245 2,155 2,253 2,065 2,232 2,053 2,272 2,129 2,184 2,184 2,180 2,172 0.0% -0.2% -0.4%\n Previous 2,248 2,133 2,286 2,070 2,245 2,155 2,260 2,065 2,232 2,053 2,272 2,129 2,184 2,184 2,181 2,172 0.0% -0.1% -0.4%\n Percent Change 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% -0.3% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% -0.1% 0.0%\n U.S. Conventional Hydroelectric\n Current 786 692 611 643 841 810 618 698 732 818 723 614 711 682 742 722 -4.0% 8.7% -2.7%\n Previous 803 691 617 644 846 814 618 697 726 826 729 621 711 688 743 725 -3.2% 8.0% -2.4%\n Percent Change -2.2% 0.2% -1.0% -0.2% -0.5% -0.5% 0.0% 0.2% 0.9% -1.0% -0.9% -1.0% 0.0% -0.8% -0.2% -0.5%\n U.S. Other Renewables\n Current 774 827 749 885 958 933 866 946 1,001 1,108 930 1,019 765 809 925 1,014 5.7% 14.4% 9.6%\n Previous 787 837 756 889 957 933 852 937 1,006 1,115 937 1,028 765 817 919 1,021 6.9% 12.5% 11.1%\n Percent Change -1.7% -1.2% -0.9% -0.5% 0.2% 0.0% 1.6% 0.9% -0.5% -0.7% -0.8% -0.9% 0.0% -1.1% 0.6% -0.7%\nU.S. Electricity Sales (million kilowatthours per day)\n U.S. Residential \n Current 4,209 3,359 4,521 3,301 3,810 3,373 4,771 3,433 3,970 3,418 4,560 3,463 3,855 3,847 3,848 3,853 -0.2% 0.0% 0.1%\n Previous 4,202 3,349 4,505 3,288 3,811 3,368 4,803 3,484 4,056 3,380 4,555 3,475 3,855 3,835 3,868 3,867 -0.5% 0.9% 0.0%\n Percent Change 0.2% 0.3% 0.4% 0.4% 0.0% 0.2% -0.7% -1.5% -2.1% 1.1% 0.1% -0.3% 0.0% 0.3% -0.5% -0.4%\n U.S. Commercial\n Current 3,644 3,647 4,111 3,508 3,494 3,616 4,201 3,589 3,535 3,639 4,133 3,592 3,705 3,728 3,726 3,726 0.6% -0.1% 0.0%\n Previous 3,603 3,651 4,119 3,511 3,505 3,627 4,227 3,591 3,592 3,707 4,169 3,568 3,705 3,722 3,738 3,760 0.5% 0.5% 0.6%\n Percent Change 1.1% -0.1% -0.2% -0.1% -0.3% -0.3% -0.6% -0.1% -1.6% -1.8% -0.9% 0.7% 0.0% 0.2% -0.3% -0.9%\n U.S. Industrial\n Current 2,623 2,743 2,835 2,608 2,480 2,574 2,699 2,638 2,530 2,647 2,779 2,685 2,733 2,703 2598.36 2,661 -1.1% -3.9% 2.4%\n Previous 2,546 2,666 2,757 2,535 2,492 2,574 2,723 2,585 2,550 2,657 2,744 2,556 2,733 2,626 2,594 2,627 -3.9% -1.2% 1.3%\n Percent Change 3.0% 2.9% 2.8% 2.9% -0.5% 0.0% -0.9% 2.1% -0.8% -0.4% 1.3% 5.0% 0.0% 2.9% 0.2% 1.3%\n U.S. Total \n Current 10,498 9,769 11,488 9,438 9,805 9,583 11,692 9,681 10,058 9,726 11,494 9,761 10,314 10,299 10,193 10,262 -0.2% -1.0% 0.7%\n Previous 10,374 9,685 11,402 9,354 9,829 9,589 11,774 9,682 10,221 9,766 11,490 9,620 10,314 10,204 10,221 10,276 -1.1% 0.2% 0.5%\n Percent Change 1.2% 0.9% 0.8% 0.9% -0.2% -0.1% -0.7% 0.0% -1.6% -0.4% 0.0% 1.5% 0.0% 0.9% -0.3% -0.1%\nSource: Energy Information Administration, Short-Term Energy Outlook (http://www.eia/doe.gov/emeu/steo/pub/contents.html)STEO Current/Previous Forecast Comparisons: U.S. Electricity\n2015 2016 2017 Year Growth Rate Current Forecast: December 6, 2016; Previous Forecast: November 8, 2016\nQ1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 2014 2015 2016 2017 2014-2015 2015-2016 2016-2017\nU.S. Coal (million short tons)\n U.S. Production \n Current 240.3 212.5 237.0 207.2 173.0 160.5 204.6 220.2 194.4 175.9 200.4 201.5 1,000 897 758 772 -10.3% -15.5% 1.8%\n Previous 240.3 212.5 237.0 207.2 173.0 160.5 204.6 208.4 198.1 174.8 199.7 195.1 1,000 897 747 768 -10.3% -16.8% 2.8%\n Percent Change 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 5.7% -1.8% 0.6% 0.3% 3.3% 0.0% 0.0% 1.6% 0.6%\n U.S. Exports\n Current 22.0 19.8 16.9 15.3 14.2 14.2 12.6 15.8 13.6 15.0 14.6 15.2 97.3 74.0 56.8 58.5 -24.0% -23.3% 3.0%\n Previous 22.0 19.8 16.9 15.3 14.2 14.2 13.3 16.3 13.2 14.4 14.0 14.6 97.3 74.0 57.9 56.2 -24.0% -21.7% -3.0%\n Percent Change 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% -5.6% -2.7% 3.2% 4.1% 4.4% 4.3% 0.0% 0.0% -2.0% 4.0%\n U.S. Imports\n Current 3.0 2.6 3.0 2.7 2.7 2.3 2.7 2.5 2.1 2.4 3.3 2.9 11.3 11.3 10.2 10.6 -0.3% -9.6% 4.1%\n Previous 3.0 2.6 3.0 2.7 2.7 2.3 3.0 2.8 2.2 2.4 3.3 2.9 11.3 11.3 10.8 10.8 -0.3% -4.5% -0.5%\n Percent Change 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% -8.4% -11.6% -3.7% -0.8% -0.2% 0.0% 0.0% 0.0% -5.4% -1.0%\n U.S. Electric Power Demand \n Current 196.7 174.4 214.8 152.6 152.2 147.1 210.3 171.2 172.3 158.2 197.5 172.9 852 738 681 701 -13.3% -7.8% 2.9%\n Previous 196.3 174.6 215.5 153.3 152.4 147.4 212.0 168.7 175.8 157.0 196.6 166.4 852 740 681 696 -13.1% -8.0% 2.2%\n Percent Change 0.2% -0.1% -0.3% -0.5% -0.1% -0.2% -0.8% 1.5% -1.9% 0.8% 0.5% 3.9% 0.0% -0.2% 0.0% 0.7%\n U.S. Secondary Stocks \n Current 160.6 173.4 169.9 202.9 199.1 190.7 166.2 181.6 180.2 175.7 158.8 162.8 158.8 202.9 181.6 162.8 27.8% -10.5% -10.3%\n Previous 161.2 174.0 170.4 204.2 201.1 192.9 165.6 174.9 173.9 170.0 153.7 158.2 158.8 204.2 174.9 158.2 28.6% -14.4% -9.5%\n Percent Change -0.4% -0.3% -0.3% -0.6% -1.0% -1.1% 0.3% 3.9% 3.6% 3.4% 3.3% 2.9% 0.0% -0.6% 3.9% 2.9%\nU.S. Carbon Dioxide Emissions\n Petroleum \n Current 563.9 572.9 586.5 571.5 571.3 571.4 585.9 586.0 566.4 577.7 588.4 591.8 2,252 2,295 2,315 2,324 1.9% 0.9% 0.4%\n Previous 563.8 572.7 586.3 571.3 571.1 571.3 581.2 582.1 565.7 578.0 587.2 588.0 2,252 2,294 2,306 2,319 1.9% 0.5% 0.6%\n Percent Change 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.8% 0.7% 0.1% -0.1% 0.2% 0.6% 0.0% 0.0% 0.4% 0.2%\n Coal\n Current 394.1 350.9 426.2 311.4 311.5 298.6 421.7 349.8 344.4 316.2 391.8 353.1 1713.5 1482.5 1381.6 1405.5 -13.5% -6.8% 1.7%\n Previous 394.1 350.9 426.2 311.5 311.5 298.6 424.8 339.6 351.9 315.8 390.6 335.4 1713.5 1482.6 1374.6 1393.7 -13.5% -7.3% 1.4%\n Percent Change 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% -0.7% 3.0% -2.1% 0.1% 0.3% 5.3% 0.0% 0.0% 0.5% 0.8%\n Natural Gas\n Current 467.8 311.9 326.4 369.5 440.2 328.5 344.1 376.4 447.2 323.8 338.4 391.4 1429.5 1475.5 1489.2 1500.9 3.2% 0.9% 0.8%\n Previous 466.1 311.0 325.6 368.3 438.7 327.7 342.5 381.0 447.9 323.1 336.3 386.7 1428.6 1471.0 1490.0 1494.0 3.0% 1.3% 0.3%\n Percent Change 0.4% 0.3% 0.2% 0.3% 0.4% 0.2% 0.4% -1.2% -0.1% 0.2% 0.6% 1.2% 0.1% 0.3% -0.1% 0.5%\n Total Fossil Fuel \n Current 1425.8 1235.6 1339.0 1252.4 1323.0 1198.6 1351.7 1312.1 1358.0 1217.7 1318.6 1336.3 5,395 5,253 5,185 5,231 -2.6% -1.3% 0.9%\n Previous 1423.9 1234.5 1338.0 1251.1 1321.3 1197.6 1348.6 1302.7 1365.5 1216.9 1314.0 1310.1 5,394 5,248 5,170 5,207 -2.7% -1.5% 0.7%\n Percent Change 0.1% 0.1% 0.1% 0.1% 0.1% 0.1% 0.2% 0.7% -0.5% 0.1% 0.3% 2.0% 0.0% 0.1% 0.3% 0.5%\nSource: Energy Information Administration, Short-Term Energy Outlook (http://www.eia/doe.gov/emeu/steo/pub/contents.html)STEO Current/Previous Forecast Comparisons: U.S. Coal and Carbon Dioxide Emissions\n2015 2016 2017 Year Growth Rate Current Forecast: December 6, 2016; Previous Forecast: November 8, 2016\nQ1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 2014 2015 2016 2017 2014-2015 2015-2016 2016-2017\nU.S. Renewable Energy Consumption, All Sectors (quadrillion btu)\n U.S. Wind Power\n Current 0.431 0.460 0.387 0.534 0.575 0.529 0.452 0.548 0.572 0.616 0.457 0.598 1.726 1.812 2.103 2.244 5.0% 16.1% 6.7%\n Previous 0.433 0.462 0.386 0.533 0.575 0.530 0.436 0.542 0.578 0.623 0.462 0.604 1.726 1.814 2.082 2.267 5.1% 14.8% 8.9%\n Percent Change -0.4% -0.3% 0.1% 0.1% 0.0% -0.1% 3.7% 1.1% -0.9% -1.0% -1.1% -1.1% 0.0% -0.1% 1.0% -1.0%\n U.S. Wood Biomass\n Current 0.512 0.503 0.518 0.508 0.492 0.473 0.497 0.502 0.497 0.487 0.512 0.507 2.230 2.040 1.963 2.004 -8.5% -3.8% 2.1%\n Previous 0.512 0.503 0.518 0.508 0.492 0.473 0.500 0.502 0.497 0.487 0.512 0.507 2.230 2.040 1.966 2.003 -8.5% -3.6% 1.9%\n Percent Change 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% -0.5% -0.1% 0.1% 0.1% 0.0% 0.0% 0.0% 0.0% -0.2% 0.0%\n U.S. Solar Power\n Current 0.086 0.132 0.136 0.096 0.112 0.169 0.185 0.127 0.136 0.229 0.229 0.150 0.337 0.450 0.594 0.744 33.4% 32.0% 25.2%\n Previous 0.083 0.127 0.130 0.092 0.106 0.160 0.187 0.151 0.112 0.195 0.220 0.179 0.321 0.431 0.604 0.706 34.2% 40.3% 16.8%\n Percent Change 4.2% 4.0% 4.5% 5.0% 6.1% 5.7% -1.0% -15.9% 21.3% 17.5% 3.9% -15.9% 5.0% 4.4% -1.7% 5.4%\n U.S. Ethanol\n Current 0.272 0.289 0.298 0.289 0.287 0.295 0.305 0.301 0.282 0.300 0.304 0.299 1.107 1.148 1.188 1.184 3.7% 3.5% -0.3%\n Previous 0.272 0.289 0.298 0.289 0.287 0.295 0.309 0.299 0.282 0.300 0.303 0.299 1.107 1.148 1.189 1.183 3.7% 3.6% -0.5%\n Percent Change 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% -1.3% 0.9% 0.0% 0.0% 0.3% 0.0% 0.0% 0.0% -0.1% 0.1%\n U.S. Biodiesel\n Current 0.034 0.059 0.065 0.057 0.051 0.066 0.088 0.076 0.059 0.071 0.086 0.087 0.198 0.215 0.281 0.303 8.7% 30.5% 8.1%\n Previous 0.034 0.059 0.065 0.057 0.051 0.066 0.085 0.076 0.065 0.069 0.075 0.076 0.198 0.215 0.278 0.286 8.7% 29.2% 2.7%\n Percent Change 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 3.0% 0.2% -9.0% 2.4% 14.4% 14.9% 0.0% 0.0% 1.0% 6.3%\nU.S. Renewable Electric Power Sector Generation Capacity (MW)\n Wind Power \n Current 65,228 66,799 69,003 72,486 73,303 74,183 74,735 79,622 80,270 81,072 81,755 88,686 64,694 72,486 79,622 88,686 12.0% 9.8% 11.4%\n Previous 65,228 66,799 69,005 72,488 73,305 74,185 74,958 80,405 81,051 81,853 82,716 89,497 64,694 72,488 80,405 89,497 12.0% 10.9% 11.3%\n Percent Change 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% -0.3% -1.0% -1.0% -1.0% -1.2% -0.9% 0.0% 0.0% -1.0% -0.9%\n Wood Biomass\n Current 3,278 3,278 3,235 3,185 3,185 3,187 3,169 3,177 3,177 3,177 3,219 3,219 3,278 3,185 3,177 3,219 -2.8% -0.3% 1.3%\n Previous 3,278 3,278 3,235 3,185 3,185 3,187 3,169 3,199 3,199 3,199 3,241 3,241 3,278 3,185 3,199 3,241 -2.8% 0.4% 1.3%\n Percent Change 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% -0.7% -0.7% -0.7% -0.7% -0.7% 0.0% 0.0% -0.7% -0.7%\n Solar Power\n Current 10,524 11,055 11,465 13,396 13,945 14,688 17,056 21,131 21,708 22,746 23,173 26,830 10,172 13,396 21,131 26,830 31.7% 57.7% 27.0%\n Previous 10,529 11,060 11,471 13,412 13,966 14,726 17,388 21,497 22,059 23,167 23,599 27,615 10,172 13,412 21,497 27,615 31.8% 60.3% 28.5%\n Percent Change -0.1% 0.0% 0.0% -0.1% -0.2% -0.3% -1.9% -1.7% -1.6% -1.8% -1.8% -2.8% 0.0% -0.1% -1.7% -2.8%\nSource: Energy Information Administration, Short-Term Energy Outlook (http://www.eia.gov/forecasts/steo/)STEO Current/Previous Forecast Comparisons: U.S. Renewable Energy Consumption and Capacity\n2015 2016 2017 Year Growth Rate" }

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{ "pdf_file": "SE6VNMZC7SS4KLSVUOXM3QR4FK2WJHWZ.pdf", "text": "Trust and\nAgency\nFunds —\nFederal Administration\nAccount\n(0625)\nASSETS\nCash in State Treasury and Agency Accounts .................................................................................... ........................\nDeposits in Surplus Money Investment Fund ..................................................................................... .........................\nAmount on Deposit with U.S. Treasury .......................................................................................... ............................. .\nReceivables ................................................................................................................... ..............................................\nDue from Other Funds .......................................................................................................... .......................................\nDue from Other Governments .................................................................................................... ................................. .$ 37 \n–––\n––––––854–––\nPrepaid Expenses .............................................................................................................. .........................................\n.\nAdvances and Loans Receivable ................................................................................................. ............................... .\nFixed Assets .................................................................................................................. ..............................................\nInvestment in General Fixed Assets ............................................................................................ ................................\nLIABILITIES––––––––––––\nTotal Assets .................................................................................................................. .................................... $ 891 \nAccounts Payable .............................................................................................................. ..........................................\nDue to Other Funds ............................................................................................................ .........................................\nDue to Other Governments ...................................................................................................... ...................................\n.\nAdvance Collections ........................................................................................................... .........................................\nAdvances from Other Funds ..................................................................................................... ...................................\nOther Liabilities ............................................................................................................. ...............................................$ 480 \n411–––\nTotal Liabilities ............................................................................................................. ....................................–––––––––\n891\nFUND BALANCE\nUnreserved-Undesignated ....................................................................................................... .................................... ––– \nTotal Fund Balance (Deficit ) ........................................................................................................................... .\nTotal Liabilities and Fund Balance ............................................................................................ ..................... $–––\n891Nongovernmental Cost Funds\nTrust and Agency Funds – FederalBalance Sheet\nJune 30, 2001\n(Amounts in thousands)State of California  Budgetary/Legal Basis Annual Report\n268* Amounts exist for this fund in the Balance Sheet but do not appear because of rounding. Trust and Agency Funds – Federal\nConsolidated\nWorkFederal\nStudent Loan\nProgram\nFund\n(0869)Reserve\nFund\n(0783)Federal Trust Fund\nFederal\nTrust\nFund\n(0890)\n$ 18,991 \n–––$\n–––\n–––\n509,369\n––––––\n93,331$ 238,385 \n–––\n–––\n10,272\n3,034\n54,572–––\n110,498261,787\n10,364,344\n––––––630\n(630)\n$ 528,360 $––––––\n7,896\n(7,896)47,827\n–––\n2,171\n(2,171)\n161,209 $ 11,022,841 \n$ 512,754 \n15,319\n–––$\n–––––––––\n528,07316,717\n614\n20,874$ 4,827,534 \n4,834,0871,358,658\n–––\n–––\n–––\n38,2051,046\n–––\n1,035\n11,022,360\n287\n$287\n528,360 $123,004 481 \n123,004\n161,209 $481\n11,022,841High\nTechnology\nTheft\nPetroleum\nViolation\nEscrow\nAccount\n(0853)State\nLegalization\nImpactApprehension\nand\nProsecution\nProgram\nAssistance\nFund *\n(0888)Trust\nFund\n(0597)Katz\nSchoolbus\nFund\n(0854)\n$ 207 \n41,896\n–––\n62\n1,739\n–––$ –––\n–––$\n––––––––––––\n–––200––––––\n$ 44,104 ––––––––––––\n$ ––– $4,081\n–––$ 31 \n2,221\n––––––––––––––––––\n46\n–––\n––––––––––––––––––––––––\n4,081 $ 2,298 \n$ 18,346 \n1,049\n3\n15\n–––\n40\n19,453$ –––––––––$\n––––––\n–––\n–––\n24,651\n$24,651\n44,104–––\n$–––––– $4,029\n–––\n–––$ 87 24\n–––\n–––––––––\n4,029–––––––––\n111\n52 2,187 \n52\n4,081 $2,187\n2,298\n(Continued)\n269 ASSETS\nCash in State Treasury and Agency Accounts .................................................................................... ..........................................................\nDeposits in Surplus Money Investment Fund ..................................................................................... ...........................................................\nAmount on Deposit with U.S. Treasury .......................................................................................... ............................................................... .\nReceivables ................................................................................................................... ................................................................................\nDue from Other Funds .......................................................................................................... .........................................................................\nDue from Other Governments .................................................................................................... ................................................................... .\nPrepaid Expenses .............................................................................................................. ........................................................................... .\nAdvances and Loans Receivable ................................................................................................. ................................................................. .\nFixed Assets .................................................................................................................. ................................................................................\nInvestment in General Fixed Assets ............................................................................................ ..................................................................\nLIABILITIESTotal Assets .................................................................................................................. ......................................................................\nAccounts Payable .............................................................................................................. ............................................................................\nDue to Other Funds ............................................................................................................ ...........................................................................\nDue to Other Governments ...................................................................................................... ..................................................................... .\nAdvance Collections ........................................................................................................... ...........................................................................\nAdvances from Other Funds ..................................................................................................... .....................................................................\nOther Liabilities ............................................................................................................. .................................................................................\nTotal Liabilities ............................................................................................................. ......................................................................\nFUND BALANCE\nUnreserved-Undesignated ....................................................................................................... ......................................................................\nTotal Fund Balance (Deficit) .................................................................................................. ........................................................... .\nTotal Liabilities and Fund Balance ............................................................................................ .......................................................State of California  Budgetary/Legal Basis Annual Report\n270Lake Tahoe\nAssistance\nFund\n(0864)\n$ 87 \n–––\n––––––––––––––––––––––––\n$ 87 \n$ ––––––––––––––––––\n–––\n87\n$87\n87Nongovernmental Cost Funds\nTrust and Agency Funds – FederalBalance Sheet\nJune 30, 2001\n(Amounts in thousands) Trust and Agency Funds – Federal\nOffshore\nEnergy\nAssistance\nFund\n(0893)\n$\n$\n$\n$Recreational\nTrails\nFund\n(0858)Small\nSystem\nTechnical\nAssistance\nAccount\n(0628)SourceState\nChild Care\nProtection\nAccount\n(0627)Capital Outlay\nFund\n(0863)Temporary\nAssistance For\nNeedy Families\nFund\n(0551)\n74\n–––$ 437 \n–––\n–––\n––––––\n––––––\n––––––\n4,597$ 18 \n–––––––––288–––\n––––––\n–––\n––––––––––––\n–––\n74 $ 5,034 –––\n––––––\n–––\n$ 306 $ 165 \n–––$\n–––\n–––920–––390–––$ ––––––\n–––––––––––––––––––––\n7,302\n––––––––––––\n$ 1,085 $––––––––––––––––––––––––\n390 $ 7,302 Unemployment\nAdministration\nFund\n(0870)\n$ 10,674 \n––––––\n1,110\n75,510\n812\n8,760\n–––––––––\n$ 96,866 \n–––––––––$ 4,508 \n526–––\n–––––––––\n––––––\n––––––\n5,034$ 148 \n158––––––––––––\n306\n74 –––74\n74 $–––\n5,034–––\n$–––306$ 980 \n72\n33$\n–––––––––\n1,085304–––\n–––$ –––\n7,302\n–––\n–––\n––––––\n304–––\n––––––\n7,302\n–––\n$–––\n1,085 $86 –––\n86\n390 $–––\n7,302$ 84,858 \n1,480\n–––\n–––\n8,179\n129\n94,646\n2,220\n$2,220\n96,866\n(Continued)\n271 ASSETS\nCash in State Treasury and Agency Accounts .................................................................................... ..........................................................\nDeposits in Surplus Money Investment Fund ..................................................................................... ...........................................................\nAmount on Deposit with U.S. Treasury .......................................................................................... ............................................................... .\nReceivables ................................................................................................................... ................................................................................\nDue from Other Funds .......................................................................................................... .........................................................................\nDue from Other Governments .................................................................................................... ................................................................... .\nPrepaid Expenses .............................................................................................................. ........................................................................... .\nAdvances and Loans Receivable ................................................................................................. ................................................................. .\nFixed Assets .................................................................................................................. ................................................................................\nInvestment in General Fixed Assets ............................................................................................ ..................................................................\nLIABILITIESTotal Assets .................................................................................................................. ......................................................................\nAccounts Payable .............................................................................................................. ............................................................................\nDue to Other Funds ............................................................................................................ ...........................................................................\nDue to Other Governments ...................................................................................................... ..................................................................... .\nAdvance Collections ........................................................................................................... ...........................................................................\nAdvances from Other Funds ..................................................................................................... .....................................................................\nOther Liabilities ............................................................................................................. .................................................................................\nTotal Liabilities ............................................................................................................. ......................................................................\nFUND BALANCE\nUnreserved-Undesignated ....................................................................................................... ......................................................................\nTotal Fund Balance (Deficit) .................................................................................................. ........................................................... .\nTotal Liabilities and Fund Balance ............................................................................................ .......................................................State of California  Budgetary/Legal Basis Annual Report\n272Unemployment\nFund\n(0871)\n$ 4,868 \n–––\n6,412,589\n48,545\n18,161\n7,079\n––––––\n1,328\n(1,328)\n$ 6,491,242 \n$ 1,432 \n58,504\n114––––––\n88,845\n148,895\n6,342,347\n$6,342,347\n6,491,242Nongovernmental Cost Funds\nTrust and Agency Funds – FederalBalance Sheet\nJune 30, 2001\n(Amounts in thousands)\n* This fund has no activity to report in the Balance Sheet; however, activity is reported in the Statement of Operations. Trust and Agency Funds – Federal\nUnited States\nFlood Control\nReceipts\nFund *\n(0874)United States\nForest\nReserve\nFund *\n(0878)United States\nGrazing\nFees\nFund *\n(0882)\n$\n$–––\n–––$ ––––––\n–––\n––––––––––––\n–––\n––––––$ –––––––––––––––\n–––\n–––\n–––––––––––––––––––––\n––– $ ––––––\n–––\n––––––\n$ –––\n$\n$–––\n––––––$ –––––––––\n–––––––––\n––––––\n––––––\n–––$ –––\n–––––––––––––––\n–––\n––– –––\n–––\n––– $–––––––––\n$––––––Water\nSystem Welfare-to-\nReliability\nAccount\n(0626)Work\nFund\n(0579) Total\n$ 27 \n–––$\n–––\n–––\n35\n–––2,578\n–––$ 281,050 \n137,448\n––––––\n163,545\n–––6,412,589\n170,487\n1,035,288\n10,438,706\n––––––––––––\n$ 62 $––––––––––––56,587\n200\n12,025\n(12,025)\n166,123 $ 18,532,355 \n$ 57 \n5\n–––$\n–––––––––\n62165,284\n839–––$ 5,637,518 \n4,920,3901,379,682\n–––––––––\n166,1231,0618,179\n90,049\n12,036,879\n–––\n$–––\n62 $––– 6,495,476\n–––\n166,123 $6,495,476\n18,532,355\n(Concluded)\n273 Administration\nAccount\n(0625)\nFUND BALANCE (DEFICIT ), JULY 1 , 2000 ............................................................................................\nADDITIONS\nOperating Income .............................................................................................................. ........................................\nReceipts from Federal Government .............................................................................................. ............................ .\nIncome from Investments ....................................................................................................... ................................... .\nTransfers from Other Funds .................................................................................................... .................................. .$ ––– \n–––\n––––––\n2,872\nPrior Year Revenue Adjustments ................................................................................................ ..............................\n.\nPrior Year Surplus Adjustments ................................................................................................ ................................ .\nOther Additions ............................................................................................................... ...........................................\nDEDUCTIONS\nOperating Expenditures ........................................................................................................ .....................................Total Additions ............................................................................................................... ................................(280)\n––––––\n2,592\n2,592\nTransfers to Other Funds ...................................................................................................... ....................................\n.\nAdjustments to Prior Year Appropriation Expenditures .......................................................................... ................... .\nPrior Year Surplus Adjustments ................................................................................................ ................................ .\nOther Deductions .............................................................................................................. .........................................\nFUND BALANCE (DEFICIT ), JUNE 30 , 2001 ......................................................................................... .–––\n–––––––––\nTotal Deductions .............................................................................................................. .............................. 2,592\n$ ––– Nongovernmental Cost Funds\nTrust and Agency Funds – FederalStatement of Operations\nYear Ended June 30, 2001\n(Amounts in thousands)State of California  Budgetary/Legal Basis Annual Report\n274 Trust and Agency Funds – Federal\nConsolidated\nWorkFederal\nStudent Loan\nProgram\nFund\n(0869)Reserve\nFund\n(0783)Federal Trust Fund\nFederal\nTrust\nFund\n(0890)\n$ 331 $\n–––\n––––––\n728,904160,805 $ 6,976 \n376,412\n–––\n–––123(1)\n32,841,554\n–––\n3,105,255\n–––––––––\n728,904\n803,981–––\n––––––\n376,535(2,250)\n157\n97\n35,944,812\n381,313 30,364,172 \n–––\n(75,033)\n––––––\n728,948\n$ 287 $33,023\n–––––––––5,584,943\n1,919\n–––273\n414,336\n123,00435,951,307\n$ 481 High\nTechnology\nTheft\nPetroleum\nViolation\nEscrow\nAccount\n(0853)State\nLegalization\nImpactApprehension\nand\nProsecution\nProgram\nAssistance\nFund\n(0888)Trust\nFund\n(0597)Katz\nSchoolbus\nFund\n(0854)\n$ 17,387 \n5,405\n–––\n–––\n28,120$ ––– $\n753\n–––––––––\n–––177114\n33,816\n26,507–––\n––––––\n753\n75351 $ 1,633 \n3,535\n–––\n––––––101––––––645\n–––––––––\n3,535–––––––––\n746\n3,534 192 \n–––\n––––––\n45\n$26,552\n24,651–––\n–––\n––––––\n753\n$ ––– $–––\n–––\n––––––––––––\n–––\n–––\n3,534\n52192\n$ 2,187 \n(Continued)\n275 FUND BALANCE (DEFICIT), JULY 1, 2000 .......................................................................................... ................................. .\nADDITIONS\nOperating Income .............................................................................................................. ............................................................................\nReceipts from Federal Government .............................................................................................. ................................................................ .\nIncome from Investments ....................................................................................................... ....................................................................... .\nTransfers from Other Funds .................................................................................................... ...................................................................... .\nPrior Year Revenue Adjustments ................................................................................................ .................................................................. .\nPrior Year Surplus Adjustments ................................................................................................ .................................................................... .\nOther Additions ............................................................................................................... ...............................................................................\nDEDUCTIONS\nOperating Expenditures ........................................................................................................ .........................................................................Total Additions ............................................................................................................... ....................................................................\nTransfers to Other Funds ...................................................................................................... ........................................................................ .\nAdjustments to Prior Year Appropriation Expenditures .......................................................................... ....................................................... .\nPrior Year Surplus Adjustments ................................................................................................ .................................................................... .\nOther Deductions .............................................................................................................. .............................................................................\nFUND BALANCE (DEFICIT), JUNE 30, 2001 ......................................................................................... ................................ .Total Deductions .............................................................................................................. ..................................................................State of California  Budgetary/Legal Basis Annual Report\n276Nongovernmental Cost Funds\nTrust and Agency Funds – FederalStatement of Operations\nYear Ended June 30, 2001\n(Amounts in thousands)\nLake Tahoe\nAssistance\nFund\n(0864)\n$ 87 \n–––\n––––––––––––––––––\n–––\n–––\n––––––––––––\n$–––\n87 Trust and Agency Funds – Federal\nOffshore\nEnergy\nAssistance\nFund\n(0893)\n$\n$Recreational\nTrails\nFund\n(0858)Small\nSystem\nTechnical\nAssistance\nAccount\n(0628)SourceState\nChild Care\nProtection\nAccount\n(0627)Capital Outlay\nFund\n(0863)Temporary\nAssistance For\nNeedy Families\nFund\n(0551)\n74 $ –––\n–––\n–––––––––4,930\n–––––––––$ –––\n26\n––––––\n1,416\n–––––––––\n––––––\n––––––\n4,930\n––– 4,930 –––––––––\n1,442\n1,442$ ––– $\n(1)\n–––\n–––\n1,77586 $ –––\n––––––––––––––––––––––––\n(293)\n––––––\n1,481\n1,481–––\n––––––\n–––27,067\n–––\n–––\n27,067\n––– –––Unemployment\nAdministration\nFund\n(0870)\n$ 2,516 \n612––––––\n458,613\n(21)\n––––––\n459,204\n459,890\n–––\n–––––––––––––––––––––\n–––\n744,930\n$ ––––––\n–––\n––––––\n$1,442\n––––––\n–––\n––––––\n1,481\n$ ––– $–––\n–––\n––––––27,067\n–––\n–––\n–––\n–––\n8627,067\n$ ––––––\n(390)\n––––––\n$459,500\n2,220\n(Continued)\n277 FUND BALANCE (DEFICIT), JULY 1, 2000 .......................................................................................... ................................. .\nADDITIONS\nOperating Income .............................................................................................................. ............................................................................\nReceipts from Federal Government .............................................................................................. ................................................................ .\nIncome from Investments ....................................................................................................... ....................................................................... .\nTransfers from Other Funds .................................................................................................... ...................................................................... .\nPrior Year Revenue Adjustments ................................................................................................ .................................................................. .\nPrior Year Surplus Adjustments ................................................................................................ .................................................................... .\nOther Additions ............................................................................................................... ...............................................................................\nDEDUCTIONS\nOperating Expenditures ........................................................................................................ .........................................................................Total Additions ............................................................................................................... ....................................................................\nTransfers to Other Funds ...................................................................................................... ........................................................................ .\nAdjustments to Prior Year Appropriation Expenditures .......................................................................... ....................................................... .\nPrior Year Surplus Adjustments ................................................................................................ .................................................................... .\nOther Deductions .............................................................................................................. .............................................................................\nFUND BALANCE (DEFICIT), JUNE 30, 2001 ......................................................................................... ................................ .Total Deductions .............................................................................................................. ..................................................................State of California  Budgetary/Legal Basis Annual Report\n278Unemployment\nFund\n(0871)\n$ 5,636,710 \n2,980,070\n–––\n385,381\n2,757,627\n1,697\n–––\n–––\n6,124,775\n2,722,256\n2,696,013\n869––––––\n5,419,138\n$ 6,342,347 Nongovernmental Cost Funds\nTrust and Agency Funds – FederalStatement of Operations\nYear Ended June 30, 2001\n(Amounts in thousands) Trust and Agency Funds – Federal\nUnited States\nFlood Control\nReceipts\nFund\n(0874)United States\nForest\nReserve\nFund\n(0878)United States\nGrazing\nFees\nFund\n(0882)\n$ ––– $ –––\n333\n–––––––––26,422\n–––––––––$ –––\n83\n––––––\n–––\n–––\n––––––\n333–––\n––––––\n26,422\n333 26,422 –––––––––\n83\n83\n$–––\n–––––––––––––––––––––\n333\n–––26,422\n$ ––––––\n–––––––––\n$83\n–––Water\nSystem Welfare-to-\nReliability\nAccount\n(0626)Work\nFund\n(0579) Total\n$ ––– $\n16\n––––––190––– $ 5,826,656 \n–––––––––\n5,4003,398,696\n32,841,554\n385,381\n7,090,940\n–––––––––\n206\n206–––\n––––––\n5,40025,920\n334211\n43,743,036\n6,562 34,806,649\n––––––––––––\n206\n$ ––– $–––\n(1,162)\n–––\n–––8,341,046\n(73,797)\n–––318\n5,400\n–––43,074,216\n$ 6,495,476 \n(Concluded)\n279" }

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{ "pdf_file": "QQ3PAME5WNXC55BB7PSNV3NRG375VYE4.pdf", "text": "42.062 Repealed, 1982. \nCatchline at repeal: Definition for KRS 42.064 and 42.066. \nHistory: Repealed 1982 Ky. Acts ch. 393, sec. 51, effective July 15, 1982. -- Created \n1962 Ky. Acts ch. 106, Art. V, sec. 5 " }

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{ "pdf_file": "MATLAIUSZNV6ECCAMZDMMLBOVYOJ7LEX.pdf", "text": "Every Idaho distributor, winery, and wine direct shipper must file \na monthly wine tax return. This return is due on the 15th of the \nmonth immediately following the tax period. Round figures to \nthe nearest whole gallon on all forms. \nYou must file a return even if you don't owe any tax for \nthe period. You must sign your return to make it valid. \nUnsigned returns may result in penalty or interest, or both. \nInclude your title, the date, and phone number of your business.\nVerify your identification information on the form. Draw a line \nthrough any errors and write in the correct information. If you've \nmade changes, mark the \"Address Change\" box. Check the \n\"Cancel Permit\" box if you want to cancel your Idaho wine tax \npermit. \nDISTRIBUTORS - Complete Form 1752 and all schedules that \napply. \nWINERIES - Complete Form 1752 (lines 8 - 19b). Also complete \nForms WI 1722, WI 1723, WI 1724, and (if used)\nWI 1725.\nDIRECT SHIPPERS - Complete Form 1752 (lines 8 and\n14 - 19b). No schedules are required if you are a direct shipper \nonly. \nREPORTING PERMIT NUMBERS - Forms WI 1721 and\nWI 1722 require that you use \"reporting permit numbers.\" If you \ndon't list the reporting permit number of the vendors you have \npurchased from, you are acting as your own importer. List the \nvendor name and vendor invoice date and number, but insert \nyour own reporting permit numer.\nEXTRA SCHEDULES - If you need extra schedules, you can \nprint copies from our Web site at tax.idaho.gov (click on \n\"Forms,\" then \"Miscellaneous Idaho Forms\"), or call us at \n334-7660 in the Boise area or (800) 972-7660 toll free.\nFORM 1752 WINE TAX RETURN\nAccountable Gallons\nDistributors complete lines 1-7. Wineries and direct shippers \nbegin on line 8.\nLine 1 . Beginning inventory. This should be the ending inven -\ntory from the previous tax month.\nLine 2. Total purchases. Complete Form WI 1721 and enter \nthe amount from the last page, line 20.\nLine 3. Add lines 1 and 2.\nLine 4. Ending inventory. Take a physical count of your wine \ninventory at the end of the last working day of the tax \nperiod. Enter the total gallons on hand on this line. EIN00021\n09-04-09\nFORM 1752 INSTRUCTIONS\nIdaho Wine Distributors, Wineries, and Wine Direct Shippers Tax Return\nLine 5. Spoilage. You can deduct up to .75% (.0075) of total \npurchases (line 2) without attaching documenta -\ntion. Claim actual spoilage only. If your spoilage \nexceeds .75% of line 2, you must attach proof such \nas copies of insurance claims, police reports, or forms \nconfirming destruction witnessed by a Tax Commis -\nsion employee. \nLine 6. Total deductions. Add lines 4 and 5. \nLine 7. Total taxable gallons. Subtract line 6 from line 3.\n \nLine 8. WINERIES AND DIRECT SHIPPERS. Begin here. \nCheck the box and enter total gallons sold. Distribu -\ntors do not use this line.\n Breweries manufacturing strong beer are defined as \nwineries (Strong beer is beer with alcohol content \nover 4% by weight.)\nExemptions - Distributors And Wineries Only \nLine 9. Sales/Transfers to Idaho distributors. Complete Form WI \n1722 and enter the total from the last page, line 20. \nLine 10. Sales/Transfers to out-of-state distributors. Complete \nForm WI 1723 and enter the total from the last page, \nline 20.\nLine 11. Sales to military or liquor dispensaries. Complete \nForm WI 1724 and enter the total from the last page, \nline 20.\nLine 12. Other exempt sales or transactions. If you enter an \namount here, you must attach copies of your invoices \nand a complete explanation.\nLine 13 . Total exemptions. Add lines 9, 10, 11, and 12.\nTax Computation \nLine 14. Total taxable gallons. Follow the instructions provided \non the return.\nLine 15 . Tax due or [refund]. Multiply line 14 by the tax rate \n($.45). If the amount reflects a refund, insert the \nfigure in [brackets].\nLine 16. Credit from previous periods. If you've received a let -\nter from the Tax Commission telling you that you have \na credit due from a previous tax period and you want \nto use that credit on this return, attach the letter to this \nreturn and enter the amount to be applied.\nLine 17. Total tax due or [refund]. Subtract line 16 from \nline 15. Line 18. Penalty. You must file and pay by the due date listed \non the tax return. If you don't, the following penalties \napply:\n If you file on time but your payment is late, the \npenalty is 0.5% of the tax due (see line 17) for each \nlate month. This penalty begins the first day you are \nlate and continues until you pay the tax.\n If you file late, the penalty is 5% of the tax due \n(see line 17) for each late month. This penalty begins \nthe first day you are late and continues until you file \nyour return or pay the tax. \n If you file late and don't pay the tax when you \nfile, there is an additional late penalty of 0.5% of the \ntax due (see line 17) for each late month. This pen -\nalty begins the day after you file the late return until \nyou pay the tax.\nNote: No penalty is due if no tax is due. The mini -\nmum penalty amount is $10, and the maximum \npenalty is 25%. Even if your payment is only one day \nlate, you still owe the entire monthly penalty.\n Interest. Interest accrues on late payments from the \ndue date until paid. Rates are as follows:\n \n 1/1/2010 - 12/31/2010, 5% per year\n 1/1/2009 - 12/31/2009, 5% per year\n 1/1/2008 - 12/31/2008, 7% per year \n 1/1/2007 - 12/31/2007, 7% per year \n \n \nLine 19a. Total due - Add lines 17 and 18. ATTACH PAYMENT \nFOR AMOUNT DUE. \n \nLine 19b. Total refund - If the amount on line 17 is a refund, we'll \nsend you a check.\n \nFORM WI 1721 WINE PURCHASES\nOnly distributors complete this form. Wineries do not use this \nform. \nEnter the purchases you've made during the month from manu -\nfacturers, importers, and other distributors. \nFor each vendor invoice, you must enter the vendor name, re -\nporting permit number (see instructions), the invoice date on the \nvendor's invoice, the vendor invoice number (don't use your own \npurchase order or check number), and the amount purchased. \n(Remember - if you are your own importer , insert your reporting \npermit number.)\nSee specific instructions on Form WI 1721.\nFORM WI 1722 SALES/TRANSFERS TO IDAHO \nDISTRIBUTORS\nDistributors and wineries complete this form. \nEnter the sales or transfers you've made during the month to distributors located in Idaho . For each sales invoice, enter the \ncustomer's name and reporting permit number, your invoice date, \nand your invoice number. Use as many pages as you need to \nreport all sales and transfers. \nSee the specific instructions on Form WI 1722.\nFORM WI 1723 SALES/TRANSFERS TO OUT-OF-STATE\nDISTRIBUTORS\nTORS\nDistributors and wineries complete this form. \nEnter the sales or transfers you've made during the month to \ndistributors located in states other than Idaho . For each sales \ninvoice, enter the customer's name, city and state, and your \ninvoice date and number. Use as many pages as you need to \nreport all sales and transfers. \nSee the specific instructions on Form WI 1723.\nFORM WI 1724 SALES TO MILITARY AND LIQUOR\nDISPENSARIES\nDistributors and wineries complete this form. \nFORM WI 1725 ODD SIZED PACKAGES - \nCONVERSION\nUse this form only if you're reporting by packages in columns \n2 through 18 on the previous forms discussed, and there's no \ncolumn provided for one of the package sizes on the invoice. \nAfter converting the item to gallons, carry the total gallons of the \nodd-sized packages for that invoice back to the appropriate line \nof the form for which you were required to make the conversion.\nAmended returns. Use this form to amend a wine return. \nCheck the \"AMENDED RETURN\" box at the top of the form. \nIf you didn't keep a copy of the original return, contact the Tax \nCommission for one. Complete the entire form using the correct \namounts. Don't enter the net change.\nTaxes to be paid by electronic funds transfer. All taxes due \nto the State of Idaho must be paid by electronic funds transfer \nwhenever the amount due is $100,000 or greater. You must file \nyour written tax return on or before the due date indicating pay -\nment by Electronic Funds Transfer. \nIf you are not required to pay by electronic funds transfer, the total \npayment for tax due must accompany your return. Make your \ncheck or money order payable to the State Tax Commission. Do \nnot staple your check to your return or send a check stub.\nPayment by credit/debit card and e-check. You can use a \ncredit/debit card or e-check to make payments under $100,000 \nto the state of Idaho. You can pay through our web site at \ntax.idaho.gov . We accept American Express, Discover, \nMasterCard, and Visa for credit card payments. A convenience \nfee is added to all credit/debit card and e-check payments \n(effective January 1, 2009).\nMail return to: Idaho State Tax Commission, PO Box 76, Boise ID 83707-0076FORM 1752 INSTRUCTIONS -- continuedEIN00021-p2\n09-04-09" }

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{ "pdf_file": "AMUVMXBOGLM4XL5MLD7IPQDEPKAQB63X.pdf", "text": "HOUSE PASSES DEFAZIO LANGUAGE TO LOWER HEALTH CARE COSTS\nWashington, DC – Rep. Peter DeFazio (Springfield) fought to make health care more affordable\ntoday when his language to revoke the health insurance industry’s federal antitrust exemption\npassed the House of Representatives. The language was included in H.R. 4626, Health\nInsurance Industry Fair Competition Act. This legislation, which has bipartisan support, is a\nhuge step in the fight to address the rapidly escalating cost of health insurance premiums. The\nbill passed by a vote of 406 to 19. \n“Last summer, I held 15 town hall meetings. They were attended by almost 8,000 people. At\nthose meetings there was one item of agreement between the extreme view points in the\ndebate – the single payer advocates to the tea party activists – and that was that the health\ninsurance industry should not enjoy a special exemption from anti-trust law. They should not be\nable to collude to drive up prices, limit competition, conspire to underpay doctors and hospitals,\nand price gouge consumers. They should play by the same rules as every other industry in the\nUnited States. It is long past time for this archaic exemption from anti-trust law, passed in the\n1940’s, to go in the dust bin of history. Passage of this legislation is a huge victory for\nconsumers,” DeFazio said.\n \nThe insurance industry has operated beyond the reach of America's anti-trust laws since the\nMcCarran-Ferguson Act was passed by Congress in 1945. This exemption was intended to be\ntemporary, but it has not turned out that way. The exemption leaves regulation to the states,\nmany of which have inadequate resources and inconsistent enforcement. A recent study shows\nthat in six of the seven most concentrated markets for health insurance—no significant\nconsumer protection actions have been taken against health insurers in the past five years. This\nessentially means that insurance companies are free to collude amongst themselves. H.R. 4626\nwill end this practice by subjecting the health insurance industry to all federal anti-trust laws and\nby giving the Department of Justice the authority to go after anticompetitive practices of health\ninsurers if the states are unable or unwilling to do it themselves. The Consumer Federation of\nAmerica has said that this action alone could save consumers billions of dollars.\n \nH.R. 4626 is supported by numerous groups including the American Hospital Association,\nAmerican Nurses Association, American Academy of Pediatrics, Consumers Union, Consumer\nFederation of America, Center for Justice and Democracy, and U.S. PIRG.\n \nIn light of the report released last week by Secretary of Health and Human Services, Kathleen\nSebelius, this legislation could not come at a better time. The report reveals that in Oregon, one\nof the state’s biggest insurance companies, Regency Blue Cross Blue Shield, requested an\nincrease in premiums by 20 percent in 2009. They were granted a 16 percent increase. \nRegency Blue Cross Blue Shield has almost 80 thousand members in Oregon. Other smaller\ncompanies in the state requested, and were granted increases by as much as 23 percent. Over\nthe last decade, many people have seen their premiums doubled. Leading experts have\n 1 / 3 HOUSE PASSES DEFAZIO LANGUAGE TO LOWER HEALTH CARE COSTS\npredicted that, without reform, these increases will continue, and the federal government and\nmost states don’t have the legal authority to block or reduce health insurance rate increases.\n \n“This is an essential step in the fight to lower health care costs for all Americans and bring much\nneeded reform to the health insurance industry,” DeFazio continued.\n \nTo access the radio actuality:\n \nFor Internet Explorer users:\n \n1. Go to the following website: www.defazio.house.gov\n \n2. Select “radio actualities” from the “press” drop down menu on the top right hand side.\n \n3. Right click on the file entitled \"02.24.10 DeFazio speaks about the passage of his language to\nrepeal the antitrust immunity of the health insurance industry\"\n \n4. Choose \"Save Target As…\" from the menu to save the file on your computer.\n \nFor Mozilla Firefox users:\n \n1. Go to the following website: www.defazio.house.gov\n \n2. Select “radio actualities” from the “press” drop down menu on the top right hand side.\n \n 2 / 3 HOUSE PASSES DEFAZIO LANGUAGE TO LOWER HEALTH CARE COSTS\n3. Right click on the file entitled \"02.24.10 DeFazio speaks about the passage of his language to\nrepeal the antitrust immunity of the health insurance industry\"\n \n4. Choose \"Save Link as…\" from the menu to save the file on your computer.\n \n \n \n \n \n 3 / 3" }

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{ "pdf_file": "POX3CR2EUHMC7IPGDNEHNTQOAV2ZQLHR.pdf", "text": "Vehicle Rental Frequently Asked Questions \n \nHow does the Car Rental Program work? Through a joint agreement with the Western States \nContracting Alliance, the State has s ecured discounted, contract rates with Enterprise Rent a Car, National \nCar Rental (Price Agreement No 9950) and Hertz Rent a Car (Price Agreement No. 9949). The Price \nAgreement’s contains the account code that must be give n to the reservation clerks in order to guarantee the \nstate rates. Enterprise, Hertz and National has provided our employees a variety of payment options. \nNote: When renting a car from Enterprise, Hertz or Natio nal, be sure to inform them of the State’s \nCorporate Number. This number will give the Enterprise, Hertz or National location you are renting from all of the information related to the States contract pertaining to rental rates, insurance requirements and \nother information. No non-state employees may rent vehicles using these agreements. \n \nWho can rent and operate vehicles under the Stat e Price Agreements for vehicle rental services? \nAny State Employee or Agent of the State may operate the vehicles. There is sometimes confusion whether \nor not non-state employees can operate the vehicles provided under the Enterprise/National and Hertz Price \nAgreements. When ever a vehicle is rented by the st ate, that rental vehicle fa lls under the same rules and \nstatutes that apply to state owne d vehicles. They are as follows: \n \nAgent means: A person or legal entity appointed in writing by a State agency to perform specific work. An \nagent is not an independent contractor. Agents, paid or unpaid, are subject to the direction and control of the agency. An agency may not call people “agents” for the primary purpose of justifying their \ntransportation in a State vehicle. \n Employee means: A person employed by the State of Oregon to do St ate business for whom the State \nwithholds income tax, provides workers compensation coverage, and pays the workers’ compensation \nhour-tax. Under this definition, workers provided by a temporary employment services agency and \nDepartment of Corrections inmates are not employees. \n \nVehicle use and storage: No person shall drive, operate or use, authorize or permit any person to drive, operate or use any motor vehicle as defined in ORS 283.305 for any purpose except for Official State \nbusiness as defined in ORS 283.305 and by the rules of the Oregon Department of Administrative Services. \n \n \nIn other words, when reserving a vehicle that is to be operated by a non-state employee, you need to ask the \nquestion whether that person would be allowed to oper ate a state owned vehicle as an agent or employee as \ndefined above. If the answer is no, then that person should NOT be driving a vehicle under these price \nagreements. The Price Ag reements state that the \"traveler\" is a person who is authorized to travel by a \nparticipant , however, per ORS 283.305, the Traveler must fall into either the Agent or Employee \ndefinition. No other individuals are authorized to operate the vehicles under our Price Agr eements with \nEnterprise/National and Hertz. \nThe primary reason is the lia bility involved for the person driving the vehicle, the Contractor and the State. \nOur Price Agreements include full damage and liability in surance coverage and if a person was involved in \nan accident operating a rental vehicle, and it was disc overed that the person was not a state employee or \nagent of the state, the state could ultimately end up being responsible for a non-state employee or non-state \nagent accident. \nIs it mandatory that I use the Car rental program? Yes. If you are in one of Enterprise, Hertz or \nNational cities, you must use the program. If you are in a city and there is no Enterprise, Hertz or National location there, you may use another provider; just remember to purchase the insurance when renting from \nanother car rental company. \n \nWhy do I need a credit card when renting a car? The car rental companies, nationwide, require this of \nALL customers. This is for their protection when re nting a car to an individual. However, Enterprise, \nHertz or National will provide agencies that have a documented need with agency direct billing accounts. All charges are accumulated and billed to the agency’s account. In this case, a credit card will not be \nrequired as Enterprise, Hertz or National has the agency’s account information on file. \n \n Do I need to buy the extra in surance when renting a car? NO. Enterprise, Hertz or National contract \ncovers ALL damage occurred while using the car rental contract. Also, the State’s insurance will cover any \nleased or rented vehicle operated by Stat e Employees while on official business. \n \n \nWhat is the insurance coverage for re nting cars in Foreign Countries? The Insurance coverage the \nState of Oregon provides for car re ntals in foreign countries varies from country to country. Please call \nDAS Risk Management at (503) 378-5515 to verify the type of coverage's that are available for the \ncountries you are traveling to and to determine if you will need to purchase additional insurance from the \ncar rental company. \n \nWhat is the mileage limit under the Car rental program? Unlimited miles although you must pickup \nand drop off the car at the same locati on. Usually the airport you flew into. \n \n \nWhat if I need to drop the car off at a di fferent location? You can do a one way rental program, but \nyou will be charged a per mileage charge from the orig in point to the destination. There are select cities \nwhere no one-way charges are provided, please review the contract for these cities. A 7 day advanced \nreservation is required to do this. It is critical that you get the 7 day reservation in, it will reduce the per mileage fee between the two locations. \n \n Do I need to be over 25 to rent a Car? NO The State contact allows drivers 18 and older to rent a \nvehicle. \n \nCar Rental Confirmation Numbers. It is recommended that you take the Car Rental Confirmation \nNumber with you when you are going to pick up th e rental. This will expedite the rental process. \n \n Please walk around vehicle befo re departing from rental location . If there are any \nmarks/scratches/damage on vehicle please bring to the counters attention and have them sign off on it. \n \nI need to rent a car, who do I call to make a reservation? You can either call Enterprise, Hertz or \nNational or the States Travel Contractor to make the reservation. \n \nUpdated 04/06/2010 " }

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{ "pdf_file": "OE6BMOWZLGKSJUHP5BN2KHW6DEYTYGUZ.pdf", "text": "Schakowsky Commemorates Memorial Day\n \n \n \nWASHINGTON, DC (May 31, 2010) – Rep. Jan Schakowsky (D-IL) delivered the following\nremarks today at a ceremony to commemorate Memorial Day.  Schakowsky participated in the\nNorwood Park Memorial Day Parade.\n \n \n\"Today, on Memorial Day, we pause to recognize those men and women who gave their lives in\ndefense of our country.  We should also redouble our commitment to caring for and serving our\nveterans and military families who make enormous sacrifices to keep our nation safe and\nsecure. \n \n \n\"Last week, together with other members of the Congressional Caucus on Women’s Issues, I\nlaid a wreath at Arlington Cemetery to honor all servicewomen who gave their lives for their\ncountry.  Like their male colleagues, they often leave behind families, young children, and loved\nones.  Today, we recognize and honor their sacrifice, and the sacrifice of their families.\n \n \n\"We must pay tribute to them both through our words and through our actions.  We have a\nresponsibility to provide for the men and women currently serving in our military, as well as to\nensure that our veterans receive the benefits and services they deserve.\n \n 1 / 6 Schakowsky Commemorates Memorial Day\n \n\"On Friday, the House passed the American Jobs and Closing Tax Loopholes Act.  This bill\nbegins to phase out the Disabled Veterans Tax, which unfairly forces disabled military retirees\nto give up one dollar of their pension for every dollar they receive in disability pay.  Veterans\nforced to retire early because of severe service-connected injuries deserve full disability and\nretirement pay, and, under this legislation, they will finally be able to receive these benefits.\n \n \n\"We also passed the National Defense Authorization Act, legislation which will provide our\ntroops with the resources they need to defend the United States.  This bill provides a pay\nincrease for service members, contains critical benefits for the families of soldiers, strengthens\nmilitary readiness by providing essential equipment, and helps protect our troops both at home\nand abroad.\n \n \n\"We are also working to provide the benefits that our veterans have earned.  President\nObama’s fiscal year 2011 budget includes $125 billion for the Department of Veterans Affairs for\nfiscal year 2011.  This is an $11 billion increase over the previous year and will help the VA\nmodernize and better assist our veterans in meeting the challenges of today. \n \n \n\"The VA continues to face a rapidly expanding caseload, and resources have not kept pace with\nthat demand.  Over a million claims were received last year, and that number will continue to\nclimb.   I have heard countless heartbreaking stories of claims taking years to process, and I\nknow the devastating impact those delays can have on families, particularly in today’s economic\nclimate.\n \n 2 / 6 Schakowsky Commemorates Memorial Day\n \n\"My office continues to work with veterans to help them access their benefits, but this is a much\nbroader problem.  In order to meet this ever-growing demand, I strongly support President\nObama’s proposal to devote an additional $460 million to cutting the backlog.  This funding will\nallow the VA to hire over 4000 additional claims processors.\n \n \n\"Last fall, we celebrated the opening of a new location for the Community Based Outpatient\nClinic (CBOC) in Evanston.  The new CBOC has the capacity to serve more veterans than ever\nbefore, helping us provide quality care for our ever-growing veteran population. \n \n \n\"On a national level, on May 5th President Obama signed the Caregivers and Veterans\nOmnibus Health Services Act of 2010 into law.  This legislation, which passed both Houses of\nCongress unanimously, creates a support system for veteran caregivers that includes training,\neducation, and financial assistance.  This legislation also provided major improvements in\nmental health services, health care services for America’s women veterans, services for\nhomeless veterans, and programs to assist rural veterans.\n \n \n\"We also continue to work to ensure that all eligible veterans can access the benefits of the\n2008 Post 9/11 GI bill, which expanded the promise of a full, four-year education to veterans of\nthe wars in Iraq and Afghanistan.  This landmark legislation authorized the largest educational\nassistance program in over fifty years; now, we have to take further steps to ensure that the VA\nis able to cope with those new demands.  To do that, Secretary Shinseki has proposed a plan to\nautomate the processing of applications for benefits under the Post 9/11 GI Bill.  This effort will\nhelp bring the VA into the 21st century, allowing the agency to process an ever-growing number\nof claims. \n \n 3 / 6 Schakowsky Commemorates Memorial Day\n \n\"President Obama’s FY 2011 budget also includes $4.2 billion to tackle homelessness among\nour veterans.  The VA has estimated that at least 131,000 veterans are homeless on any given\nnight.  Though the agency already operates the largest system of assistance programs for the\nhomeless in the United States, too many veterans still do not know where they will sleep each\nnight.  The proposed increase will allow the VA to greatly expand its services for the homeless. \n \n \n\"I met last week with Labor Secretary Hilda Solis and she told us about a new joint effort\nbetween her Department and the Department of Housing and Urban Development to address\nthe health, housing, and employment needs of homeless veterans- men and women and their\nfamilies.\n \n \n\"Further, President Obama’s budget includes $5.2 billion for mental health, which will fund the\ndiagnosis and treatment of depression, substance abuse, post-traumatic stress disorder, all of\nwhich can be debilitating to veterans and their families.  A study published last year found that\nnearly 40% of Iraq and Afghanistan veterans enrolled in the veterans health system had been\nreceived mental health diagnoses.  Of these, 22% were for post-traumatic stress disorder, and\n17% were for depression.  As the number of veterans experiencing mental health difficulties\ncontinues to rise, it is vital that we increase our efforts to help these men and women.\n \n \n\"As co-chair of the Congressional Women’s Caucus, I would particularly like to highlight the\nprogress we are making toward meeting the specific needs of female veterans.  There are\napproximately 1.8 million female veterans in the United States right now.  With more and more\nwomen breaking down barriers and serving our country in the armed forces, we need to do\nmore to ensure that female veterans can access a full range of services and benefits. \n \n 4 / 6 Schakowsky Commemorates Memorial Day\n \n\"It has been estimated that the number of female veterans enrolled in VA medical care could\nincrease by another 30% in the next five years, so it is critical that we act quickly to ensure that\nthe VA is able to meet their needs.  The proposed FY 2011 budget includes $217.6 to meet\ngender-specific health care needs of female veterans, money that will enable the VA to improve\nthe quality of care, as well as improvements in privacy and security.\n \n \n\"We’ve also started planning for the future.  In October, President Obama signed H.R. 1016, the\nVeterans Health Care Budget Reform and Transparency Act, into law.  This landmark\nlegislation, which I strongly support, will guarantee timely and predictable funding for the VA by\nallowing Congress to fund veterans’ health care a year in advance of the regular appropriations\nprocess.  This will help to ensure that veterans’ medical care is not held up by political delays. \nIn keeping with this legislation, the administration has requested $54.3 billion in advance\nappropriations for 2012 for health care. \n \n \n\"Finally, I want to highlight the American Recovery and Reinvestment Act, which funded critical\ninfrastructure improvements while also creating jobs for American workers.  In particular, this bill\nfunds many much-needed improvements for the Department of Veterans Affairs, including\nhospital renovations, new troop and family housing, and facilities to help returning soldiers\ntransition to civilian life. The ARRA also helps fight unemployment among veterans by providing\na tax credit to businesses that hire recently discharged veterans.\n \n \n\"In Washington, we remain committed to supporting members of our armed forces and their\nfamilies, as well as providing our veterans with the benefits and services they have earned.  As\nthe wars in Iraq and Afghanistan stretch on, and more young men and women elect to serve\ntheir nation overseas, it becomes increasingly critical to improve and expand the range of\nbenefits they receive when they return home.\" \n 5 / 6 Schakowsky Commemorates Memorial Day\n \n 6 / 6" }

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{ "pdf_file": "H65TKD4D2Z32SZHRLYLOHIMM25T4C5S3.pdf", "text": "Fact Sheets \nRevised October 2010 \nDisease Investigation Branch \n \n \nPlague \n(bubonic plague, pneumonic plague) \nWhat is plague? \nPlague is a serious illness caused by bacteria called \nYersinia pestis. The disease is carried by rodents \n(rats and mice) and their fleas, which can then \nspread the disease to humans as well as to other animals. Plague is very rare in the United States, but cases are sometimes reported in the southwestern states. The most common form of plague is bubonic \nplague which affects the body's lymph glands. When \nthe infection involves the lungs, the disease is called pneumonic plague. Plague could be used as a bioterrorist weapon. \nHow do you get it? \nBubonic plague is spread to humans from the bite of \ninfected fleas, or by bein g scratched or bitten by \ninfected animals. Bubonic plague is not directly spread from person to person. Pneumonic plaque can be spread through the air (through coughing or sneezing) and through direct and close contact with \nan infected person or animal. \nWhat are the symptoms of plague? \nThe first symptoms of bubonic plague include the \nsudden onset of fever with painful swelling of the lymph glands, called buboes, in the areas closest to the flea bite (typically, in the groin, armpit, or neck). \nChills, muscle aches, weakness, fatigue, nausea, and \nheadache may also occur. If the infection spreads to \nthe lungs, it causes pneumonia that is highly contagious and often fatal. \nPneumonic plague is causes fever, swelling of the \nlymph glands, cough, and ch est pain. Persons with \nthis form of plague may cough up blood. \nWhen do symptoms start? \nThe symptoms of bubonic plague begin 1 to 7 days \nfollowing the bite of an infected flea. For pneumonic plague, symptoms begin 1 to 4 days after contact \nwith an infected person or animal. What is the treatment for plague? \nAntibiotics can be prescribed by a doctor to treat \nplague. It is very important to detect and treat the \ndisease early in its course. If not treated, about half \nof those with bubonic plague will die. Prompt treatment can greatly reduce the chance of dying from plague. Persons who are infected with pneumonic plague should be isolated from well \npeople for 3 full days after the start of antibiotic \ntreatment. \nHow do you keep from getting it? \nAvoid rat-infested areas if possible. If you go to \nareas where plague occurs, take care to protect yourself against rodents and their fleas. \nAvoid contact with sick or dead animals found on \nthe roadside or in the woods. The risk of being bitten \nby infected fleas is high when plague infection kills large numbers of rodents. The infected and starving fleas aggressively look for new hosts. \nCarefully watch over all ch ildren and household pets \nwhen outdoors in forest/picnic areas where rodents make their nests. \nInternational travelers to areas where plague is \ncommon are generally at low risk for infection with Y. pestis . If you are traveling to such an area call \nyour doctor or the Health Department for advice. \nReport all suspected plague cases as soon as possible \nto your doctor or to the Department of Health. \nFor more information, see the CDC’s website at \nhttp://www.cdc.gov/ncidod/dvbid/plague/qa.htm Hawaii State Department of Health \nDisease Investigation Branch \nOahu 586-4586, Maui 984-8213, Hilo 933-0912, \nKona 322-4877, Kauai 241-3563 " }

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{ "pdf_file": "4LRW52I7I5ZTB2VO2BGAW4YQUNGJXAP2.pdf", "text": " \n \n \nSTATE OF WASHINGTON \n \nDEPARTMENT OF HEALTH \n \nOlympia, Washington 98504 \n \nBOARD OF DENTURISTS \nMEETING MINUTES \n \nFriday, September 18, 2009 \n \nBest Western Park Plaza Hotel \n620 South Hill Park Drive \nCarlton Room \nPuyallup, WA 98373 -1423 \n(253) 848-1500 – phone \n \n \nOn September 18 , 200 9, the Board of Denturists met at the Best Western Park Plaza Hotel, 620 \nSouth Hill Park Drive, Carlton Room, Puyallup, WA 98373 -1423 . In accordance with the Open \nPublic Meetings Act, notices were sent to individuals requ esting not ification of meetings. \n \n \nBOARD MEMBERS PRESENT \nRobert Fettig, Vice -Chair \nRobert Ford \nEric Hansen , Chair \nJames Henderson, Public Member \nBernie Kopfer, DDS \nSamuel Whisenant \nBlake Perry, DDS Pro -tem Member \nMike Gillispie, Pro -tem member \nSteven Peters, Pro -tem Member \nClayton Sule k, Pro -tem Member \n \nSTAFF PRESENT \nVicki Brown, Program Manager \nSandie Pearson, Program Support \nBlake Maresh, Executive Director \nRichard McCarta n, AAG \nKaren Jensen, Assistant Secretary \nMike Tribble, AAG Division Chief \nOTHERS PRESENT \nCarolyn Logue, Lobbyist – Washington \nDenturist Association \nKen Kais – Bates Technical College \nTom Hauser \nJosh Brooks \nVicki Gillispie \n \n Board of Denturist \nSeptember 18 , 200 9 Meeting Minutes \nPage 2 of 5 \n \n \n \n \n OPEN SESSION – Friday , September 18, 2009 \n \n 1. CALL TO ORDER \n \nThe meeting was called to order at 3:36 p.m. by Eric Hansen , Chair . \n \n1.1 Introduction of Audience \n \nThe audience introduced themselves to the board . \n \n1.2 Approval of Agenda \n \nThe agenda was approved as amended. Item 16 was moved to after Item 2. Item \n11.4 was deferred to the next meeting. \n \n1.3 Approval of the July 10, 2009 Conference Call Meeting Minutes \n \nThe conference call meeting m inutes of July 1 0, 200 9 were approved as \npresented. \n \n2. HEALTH SYSTEMS QUALITY ASSURANCE (HSQA) UPDATE \n \nKaren Jensen, HSQA Assistant Secretary provided an update on the division t o the board. \n \n3. EXECUTIVE SESSION 4:05 p.m. to 4:35 p.m. \n \n4. 2009 LEADRESHIP FORUM \n \nEric Hansen, Chair updated the board on the Board and Commission leadership forum he \nattended on June 3, 2009 in Seattle. \n \n5. DELEGATION OF SIGNATURE AUTHORITY \n \nVicki Bro wn, Program Manager provided the board with an updated signature delegation \nform for approval or denial. The board reviewed, discussed, and approved the signature \ndelegation as it was presented. \n \n6. NOVEMBER 6, 2009 MEETING DATE \n \nThe board discussed the N ovember 6, 2009 meeting date and whether or not to \nhold an in-person meeting or change the meeting to a conference call meeting. \nThe board decided to have an in-person meeting only if a clinical exam is being \nheld. There needs to be a minimum of five can didates for a clinical exam to be \nadministered. Board of Denturist \nSeptember 18 , 200 9 Meeting Minutes \nPage 3 of 5 \n \n \n \n \n \n7. SET MEETING AND EXAMINATION DATES AND LOCATIONS FOR 2010 \n \nThe following are the adopted meeting and examination dates for 20 10. \n \nDATE MEETING/EXAMINATION LOCATION \nJanuary 8, 2010 Conference Call – 9:00 a.m. \n(tentative) N/A \nJanuary 29, 2010 Written Exam – a.m. Tumwater \nApril 2, 2010 Written Exam – a.m. Tumwater \nApril 2, 2010 Meeting – 1: 00 p.m.. \nCalibration to follow the \nmeeting Tumwater \nApril 3 - 4, 2010 Practical Exam Pierce College, Fort \nSteilaco om \nMay 7, 2010 Conference Call – 9:00 a.m. \n(tentative) N/A \nJune 11, 2010 Written Exam Tumwater \nJuly 16, 2010 Conference Call – 9:00 a.m. \n(tentative) Tumwater \nAugust 6, 2010 Written Exam – a.m. Tumwater \nSeptember 2010 Meeting in conjunction with \nWA. D enturist Association TBD \nNovember 5, 2010 Written Exam a.m. Tumwater \nNovember 5, 2010 Meeting – 1: 00 p.m. \nCalibration to follow the \nmeeting . Tumwater \nNovember 6 – 7, 2010 Practical Exam Pierce College, Fort \nSteilacoom \n \n8. ELECTION OF OFFICERS \n \nEric Ha nsen was nominated and unanimously re-elected as Chair. Robert Fettig was \nnominated and unanimously re-elected as Vice -Chair. \n \n9. REVIEW OF DENTURIST LAW REGARDING INTERNSHIPS AND \nEXTERNSHIPS \n \nThe board reviewed and discussed the laws as they relate to b oard approved schools and \ninternships/externships. The board will continue to discuss internships/externships at the \nnext board meeting. \n Board of Denturist \nSeptember 18 , 200 9 Meeting Minutes \nPage 4 of 5 \n \n \n \n \n 10. OCCUPATIONAL THERAPY PRACTICE BOARD DRAFT INTERPRETIVE \nSTATEMENT ON WOUND CARE AND SHARP DEBRIDEMENT \n \nMs. Brown provi ded the board a draft copy of the interpretive statement on wound care \nissued by the Occupational Therapy Practice Board. The board reviewed the draft \ninterpretive statement and chose not to issue a response. \n \n11. EXECUTIVE DIRECTOR REPORT \n \n10.1 Operating Agr eement update and review \n \nBlake Maresh, Executive Director provided the board a draft version of the new \noperating agreement and updated them on its status. Board members will have an \nopportunity to review the draft operating agreement prior to being fina lized. \n \n10.2 Budget update for 20 09 – 2011 \n \nThe board was provided an update on the budget. The 2009 – 2011 biennium \nbudget is currently being finalized. An update will be provided at the next \nmeeting. \n \n10.3 Uniform Disciplinary Act Report \n \nBlake Maresh provided the board an update on the Uniform Disciplinary Act \nReport. This report details the number of complaints made, investigated, and \nadjudicated. The report had been sent to board member s for comment and Mr. \nMaresh invited the board to provide feedback. \n \n12. PROGRAM MANAGEMENT REPORT \n \n11.1 Budget update \n \nMs. Brown provide d the board with handouts that detail the denturis t program \nbudget. The 2009 – 2011 budget is being finalized. An updated budget will be \nprovided at the next meeting. \n \n11.2 Statistics regarding lice nsure \n \nLicensing statistics were presented to the board. \n \n11.3 Development of a jurisprudence examination \n \nThis item was deferred to a future meeting. \n Board of Denturist \nSeptember 18 , 200 9 Meeting Minutes \nPage 5 of 5 \n \n \n \n \n 11.4 Other \n \nThere was no other business to discuss at this time. \n \n13. CORRESPONDENCE \n \n There was no correspondence for the board to review. \n \n14. CONSENT AGENDA \n \n15. FUTURE AGEN DA ITEMS AND PLANNING FOR FUTURE MEETINGS \n \n Rules review \n Continuing education/competency credit for board meetings and exams \n Joint Operating Agreement \n Barriers and sterilization techniques \n Guide lines for examination re-take applicants \n \n16. OPEN FORUM FOR PUBLIC COMMENT \n \n There was no public present for comment at this time. \n \nCLOSED SESSION \n \n17. CLINICAL EXAAMINATON CRITERIA AND CANDIDATE INFORMATION \nPACKET \n \nThis item was deferred to a future mee ting. \n \nOPEN SESSION \n \n18. ADJOURNMENT \n \nThere being no furth er business before the board , the meeting was adjourned at 6:55 p.m. \non Friday , September 18 , 200 9. \n \nRespectfully Submitted By: Approved By: \n \n \n _______________________ ___ ________________________ _ \n Vicki Brown , Program Manager Eric Hansen , Chair " }

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{ "pdf_file": "MFDBEUJHJSM7EYXX7SA6GULFWNIDHE5Q.pdf", "text": "Y-12 and Oak Ridge National LaboratoryMedical Surveillance ProgramPhase I: Needs Assessment\nQueens College, City University of New YorkAtomic Trades & Labor CouncilPACE International UnionCreative Pollution Solutions, Inc.\nFebruary 12, 2004\nWork performed under DOE Contract No. DE-FCO3-96SF21260\n 1-12 and Oak Ridge National LaboratoryMedical Surveillance ProgramPhase I: Needs Assessment\nSteven Markowitz, MDQueens College, City University of New YorkCarl ScarbroughAtomic Trades & Labor CouncilSylvia KiedingPACE International UnionMark Griffon, MSCreative Pollution Solutions, Inc.\n TABLE OF CONTENTS\nPage NumberExecutive Summary\nPart I: OVERVIEWSection I. Introduction 1Section II. Methods 3Section ifi. Principal Findings 6Section IV. Need for Medical Surveillance and Risk Communication 19Part H: METHODOLOGY AND RESULTSSection V. Exposure Assessment V 1-58Section VI. Focus Groups VI 1-11Section VII. Epidemiologic and Health Studies Review VIE 1-11\nAttachments and Appendices: Exposure Assessment\nAttachment 1: Job Exposure Information SheetAttachment 2: Descriptive Building ReportAppendix Al: X-lO Risk Mapping ResultsAppendix A2: Y-12 Risk Mapping ResultsAppendix B1:Y-12 External DoseAppendix B2:Y-12 Urinalysis DataAppendix B3:X-1O External DoseAppendix B4:X-1O Urinalysis DataAppendix B5:X-1O In Vivo DataAppendix Cl: Y-12 Job TitlesAppendix C2: X-lO Job TitlesAppendix C3: Y-12 and X-lO Department Names and Numbers\n TABLE OF CONTENTS (cont.)\nAttachments and Appendices: Exposure Assessment\nAppendix C4: X-lO Department Names and Numbers and DivisionTitlesAppendix C5:X-1O BuildingNames and Building NumbersAppendix Dl: Y-12 H&S Report Air Sampling SummaryAppendix D2: Y-12 H&S Report Urine Data SummaryAppendix D3: X-lO Health Physics Report Urine Data SummaryAppendix D4: X-lO Health Physics Report Occurrence DataSummaryAppendix El: X-lO Questionnaire Results SummaryAppendix E2: Y-12 Questionnaire Results SummaryAppendix F: External Dose Summary Results\n EXECUTIVE SUMMARY\nPurposeWe report the results and analysis of a one year needs assessment studyevaluating whether a medical monitoring and risk communication program is justified for formerand current workers at the Y-12 and Oak Ridge National Laboratory (ORNL).MethodsTo complete this study, we used available exposure assessment data from paperrecords and electronic databases and reviewed all studies that have been completed at the plants.We also gathered \"expert\" former and current workers to conduct risk mapping sessions andfocus groups to obtain in-depth information about the plants. We collected and analyzedresponses to a questionnaire that was sent to a stratified random sample of 500 former Y-12 andORNL workers. We obtained employee rosters and basic employment data, to the extentavailable, from the contractors and other institutions.FindingsFormer and current Y-12 and ORNL workers have had significant exposure topulmonary toxins (nickel, asbestos, beryllium, and acids), carcinogens (external and internalradiation, asbestos, beryllium, and cadmium), renal toxins (chlorinated solvents and lead),neurotoxins (mercury, solvents and lead), hepatotoxins (carbon tetrachloride and other solvents)and noise. Epidemiologic studies at Y-12 and ORNL show excess rates of selected diseases,including cancer and selected neurologic effects. Workers are concerned about the effects ofprevious exposures on their health and are very interested in a medical screening and educationprogram. Former workers have good access to health care and engage in periodic healthexaminations. However, most do not believe that their primary care providers know much aboutthe exposures that they had at Y-12 and ORNL. The focus groups and questionnaire responsesalso provided useful guidance about how to establish effective risk communication and medicalsurveillance programs.The target population for a medical screening program among former and currentY-12 and ORNL workers is conservatively estimated to range from 12,000 to 20,000. This rangerequires refinement, but the roster with names and addresses that would allow initiation ofscreening is currently available.ConclusionThe findings of this needs assessment study support a targeted medical andcancer surveillance and education program. This conclusion is based on 1) the evidence thatlarge numbers of workers have had significant exposures to detrimental agents, 2) thedemonstration among Y-12 and ORNL workers of excess risk of cancer, selected neurologiceffects and beryllium-related outcomes in epidemiologic studies, and 3) the need and desireexpressed by former and current workers for a credible targeted program of medical surveillanceand education. A health protection and risk communication program should center on workers atrisk for 1) cancer, 2) chronic respiratory disease, including chronic obstructive lung disease andthe pneumoconioses, 3) kidney, liver and neurologic disease, and 4) hearing loss. Theseconditions are amenable to early intervention, amelioration, and/or primary prevention. A riskcommunication delivered by a credible source will reduce uncertainty and distrust. Afterparticipation in the proposed screening program, former and current Y- 12 and ORNL workerswill have increased real knowledge about their personal health status, what is known about theirrisks, and how they can promote their own health. We believe that mounting such a program inPhase II will make a tangible contribution to the health of former and current Y- 12 and ORNLworkers.\n PART I: OVERVIEWI INTRODUCTIONIn January 2003, a consortium led by the Queens College of the City University of NewYork, the Atomic Trades & Labor Council, the Paper Allied-Industrial Chemical and Energy(PACE) Workers International Union, and CPS, Inc. initiated a needs assessment study toevaluate whether former Department of Energy (DOE) workers at the Y-12 and Oak RidgeNational Laboratory (ORNL) would benefit from the establishment of a program of medicalsurveillance under Section 3162 of the 1993 Defense Re-Authorization Act. This assessment wasconducted under a contract from and with the guidance of the Department of Energy The needsassessment at the Y-12 and ORNL facilities benefited from the experience that PACE, QueensCollege, and CPS, Inc. gained by conducted similar needs assessments at the three DOE gaseousdiffusion plants in 1996-1997 and at INEEL in 1998, and by the conduct of medical surveillanceby this consortium at these four facilities from 1997 to the present.To conduct this needs assessment, the Queens College/ATLCIPACE/CPS, Inc.consortium identified the need for four domains of information. These include:•Exposure characterization for the workforce at Y- 12 and ORNL•Epidemiologic and other health studies, to the extent available• Educational and health care needs and expressed interest in medicalsurveillance program• Demographic profile of target populationThese domains corréspoñd to the criteria established by the DOE in its document, Guidance forPhase I Reports and Phase II Applications.Through a focused 12 month effort organized in these domains, we have addressed thespecific issues raised by the Department of Energy in determining whether a medical surveillanceprogram is needed and would benefit the targeted populations. These specific issues includecharacterizing the type and degree of relevant detrimental exposures; defining essential healthimpacts; defining the size of the target populations, and finally, documenting the need forestablishing a program that will combine medical monitoring with risk communication.To provide answers to these questions was an ambitious task. Y-12 and ORNL are largecomplex facilities that have been in operation and evolution for 60 years. Much of the currentwork at Y-12 is classified. Information on exposures, both radiologic and chemical, are diverseand inexactly related to known information on health outcomes in the Y-12 and ORNLworkforces. The limited period of the needs assessment required that we use secondary datasources and published studies. Nonetheless, given the goals of the expected medical surveillanceprogram, sufficient information was available to allow a description of the rationale for suchscreening and to provide the information that is needed to conduct such medical surveillance.The study team had the great advantage of having excellent access to and high credibilitywith many members of the workforce that have operated and continue to operate Y-12 and ORNLand excellent cooperation of the DOE, NNSA, and BWXT personnel at the sites. The needsassessment has also benefited from previous in-depth epidemiologic and exposure assessmentstudies. Our challenge during the past 12 months has been to combine current study-basedknowledge of these sites with the collective knowledge possessed by the Y-12 and ORNL\n1\n workforce in order to gain a sufficient understanding of cumulative exposures at these facilitiesand how they might impact current health This report provides a snapshot of this combinedknowledge. It is anticipated that understanding how exposures impact workers' health at thesefacilities will be an ongoing task during the medical surveillance phase.Throughout the needs assessment process, the Queens College/ATLC/PACE/CPSconsortium has abided by a central principle of the project: to maximize involvement of workersand scientists from Y-12 and ORNL in all aspects of the conduct of the needs assessment processand the planning of the medical surveillance and risk communication program. We have usedthis method for several essential reasons. The most obvious is that the workforce of thesefacilities represents an excellent source of information for identifying the hazards that haveexisted at Y-12 and ORNL over the past 60 years. This knowledge complements and vivifies theknowledge that we have gained from the many reports and studies that have been conducted atthese facilities over the past decades. Second, the study consortium understands that theeffectiveness of a program planning process will be enormously enhanced if all participants in theprogram are involved. Finally, health protection, the ultimate goal of the DOE Worker MedicalSurveillance Program, requires workers acting on their own behalf. Beginning to overcome themany years of uncertainty, distrust and ignorance that some workers at DOE facilities haverequires an open and participatory process from the inception of a medical surveillance program.This report does not contain an exhaustive list of all of the medical needs that workers atY-12 and ORNL might have as a result of their occupational exposures. Creating such acomplete inventory of all health risks that Y-12 and ORNL workers have or might have wasbeyond thescope,the mandate and the resources available to the Queens___College/ATLCIPACE/CPSconsortium in the past 12 months. We recognize that the DOE formerworker medical surveillance program is limited in nature and will have limited resources over thenext several years.Hence, we concentrated on exposures and possible health outcomes that best meet thecriteria that DOE has established for this program as reflected in Section 3162 that created theprogram. Specifically, we have attempted to identify significant exposures, as supported byavailable qualitative and quantitative data, that have or are likely to produce health impacts thatmight be alleviated by early detection and/or by communication with the potentially affectedworkers. There are likely to be other exposure-disease relationships of relevance to Y-12 andORNL workers that deserve the attention of the Department of Energy. This would includepossible health impacts that have not yet been fully investigated in the workforce; exposures forwhich data are insufficient to allow judgment about the likelihood of their significance, healthimpacts that had been demonstrated to exist but may or may not be occupational in etiology; andhealth outcomes that are not amenable to screening or for which early detection does not lead tofruitful intervention. Pursuing these possibilities, however important, was not part of the mandatethat we received from the Department of Energy. Nor could we take responsibility for followingup these potential occupational risks, given the limited time and resources available to us duringthis 12 month needs assessment.This report is organized into two parts to satisfy the competing goals of being succinctand of being substantive. Part I (Introduction, Methods, and Principal Findings) is intended as anoverview in order to communicate the principal methods used and the results thereby obtained.This overview distills the more detailed collections and summaries of data which are presented in—PartII (Sections 5through8). Section 5providesdetails about the type and levels of exposuresexperienced by former workers at Y-12 and ORNL as identified in available industrial hygieneand health physics data and through risk-mapping sessions. Section 6 presents the results of focus\n2\n ___groupsof former and current Y-12 and ORNL workers in assessing health concerns, evaluatingrthe level of knowledge and perceived risks and eliciting opinions about how to conduct a medicalsurveillance program. Section 7 provides a summary of available epidemiologic studies that havebeen conducted at Y-12 and ORNL. Section 8 provides the results of a questionnaire sent to 500former Y-12 and ORNL workers to collect information on exposures and current health care.Readers are encouraged to read Part II in detail to gain a full understanding of study methodologyand the types of information that underlie the summaries presented in Part I.II. METHODOLOGYWe employed a number of methods of study during this 12 month needs assessment.These methods were chosen based on the ability to obtain reliable data within a limited timeperiod, the desire to include rank and file workers in the data-gathering process, and the need toacquire information that would allow us to plan the risk communication and health servicecomponent of a medical surveillance program.Descriptions included in this report that derive from project activities that addressexposures, work processes, and site activities have been reviewed and cleared by the DOEsecurity office in Oak Ridge. This includes the information that was collected through directdiscussions with Y-12 and ORNL workers during the risk mapping and focus groups.A. Review of Existing Exposure RecordsThe primary focus of this component of the exposure assessment was to determine, to theextent possible, the nature and intensity of major exposures as a function of building, area,department, and/or job classification. Another primary need was to determine whether we couldestablish an approach for linking the building, department and exposure data to individuals withinthe worker cohortA full listing of the major sources of health physics and industrial hygiene data that weused from Y-12 and ORNL is provided in Section 5.B.Risk mappingRisk Mapping is an approach that has been used extensively at industrial facilities as atool to assist workers and/or joint health and safety committees in detennining high risk areaswithin their facilities. Traditionally, the technique is used to identify current problem areas with afacility and to assist in developing an intervention strategy for resolving the problem areas. CPS,Inc. and PACE performed extensive risk mapping as part of the DOE-supported medicalsurveillance program at the gaseous diffusion plants and INEEL. In the current project, CPS, Inc.worked closely with ATLC, using the risk mapping approach to map past exposure conditions atY-12 and ORNL.In addition to using the mapping process for locating past exposure conditions within thebuildings of interest, the method was modified to allow the field researchers to collect semi-quantitative exposure data for each identified exposure of concern. Field researchers alsocollected data regarding other building and process characteristics (i.e., description of majorprocesses, number of workers in the building of interest, and years of operation).Several steps were necessary to develop the risk mapping activity at Y-12 and ORNL.We customized the risk mapping method for use in retrospective exposure assessment. We used\n3\n the following tools, which we had previously developed at the DOE gaseous diffusion plants andINEEL, for field use:• Job Exposure Information Sheet to collect job/process/exposure information for eachchemical agent identified on the risk map.• Building Characteristics Report Form to allow field researchers to collect descriptiveinformation on the buildings of interest over time (i.e., description of major process,number of workers, and years of operation).• Risk Mapping Training Guidebook to train the field researchers in the risk-mappingtechnique.The risk mapping study group, led by Mark Griffon of CPS, Inc., conducted a one daytrain-the-trainer session for the field researchers. The field researchers included ATLC unionhealth and safety representatives, and an experienced PACE risk map leader from thePACE/Queens College/CPS, Inc project participated as well.\"Experts\" were then selected for the initial risk mapping session from each of the twosites. The ATLC, CPS, mc, and PACE worked together to identify and to assemble an \"expert\"team of former workers for the initial risk mapping sessions The \"experts' selected for the initialsessions consisted primarily of hourly workers with extensive experience at the sites. Several linesupervisors were also included in these sessions. \"Experts\" were not selected at random, butbased on their vast amount of site experience and the broad array of job classifications andprocess buildings where they worked.The initial risk mapping session focused on the entire Y-12 and ORNL facilities and wasconducted to assist in determining priority areas for future, more specific, risk mapping sessions.As a product of this session, the expert group produced a list of primary facilities of highestconcern regarding retrospective exposures. This list, along with information obtained throughreview of other monitoring data, was used to identify areas for subsequent risk mapping sessions.The second round of risk-mapping sessions were conducted to learn more about thepriority buildings at each of the facilities that were identified in the initial session Informationwas systematically collected utilizing the tools noted above, including the Job ExposureInformation Sheet and the Building Characteristics Report Form.All of the information obtained for risk-mapping sessions was compiled into a databaseto allow for assessment of the data.To date, a total of 20 risk mapping sessions have been conducted These risk-mappingactivities have included approximately 60-70 retirees. In each session, an attempt was made toobtain the participation of representatives from a variety of job titles who worked in the buildingin question. We succeeded in that we were able to include representatives from supervision,scientists/engineers, liPs, operators, and maintenance crafts.The findings of the risk mapping sessions are summarized within Section ifi of Part I ofthis report and the database report of the data collected from the individual sessions is included inSection V. A breakdown of exposures by building is included within an appendix of Section V.\n4\n C. Focus groupsFocus groups of former workers were conducted in order to obtain in-depth informationabout a variety of issues, including exposures, perceptions of risk, health concerns, health care,and receptivity to a health screening program. The overall design, recruitment strategy, training,and analysis were led by Sylvia Kieding of PACE International Union in consultation with CarlScarbrough, ATLC President, and health and safety representatives of ATLC. The actualimplementation of the focus groups was led by former or current workers from Y-12 and ORNLwithassistance of Tom Moser of PACE.Established ATLC health and safety representatives at Y-12 and ORNL were recruited toserve as moderators for the focus group sessions. They were trained using a Moderator Guidespecifically developed for this project (available upon request). To prepare, moderatorsparticipated in a day long training seminar and role-play. Another OCAW member was recruitedand trained to serve as the scribe for each focus group session.Two focus groups were held at Y-12 and ORNL on July 8 and August 5, 2003(four intotal). A total of 33 people participated in the four focus groups. The sessions were held in asecured room in the Y-12 Security Building. All participants received a participant informationsheet and signed informed consent forms that had been read aloud to the group before the session.The sessions were audiotaped with the full knowledge and unanimous consent of participants.All focus groups at both sites were comprised of \"experts,\" both retirees and activeworkers, who were selected by the local union officers and ATLC health and safety staff due totheir knowledge of the plant and familiarity with plant operations.In a preliminary analysis of the transcripts of focus group sessions, an initial codingscheme of important themes was developed. Ms. Kieding undertook a basic coding and sortingof themes and provided illustrative quotes from the transcriptions. These are presented in detailin Part II, Section 6 of this report.D. Questionnaire SurveyIn order to obtain exposure and limited health information from a broad cross-section ofthe former workforce at Y- 12 and ORNL, a questionnaire was developed and sent to a randomsample of 500 retired and terminated Y-12 and ORNL workers. The base population from whichthis sample was drawn includes a total of 7,118 workers, consisting of 3,891 Y-12 retirees and3,227 ORNL retirees. This group of 7,118 workers represents the total number of living retireesreceiving a pension through BWXT. We randomly selected 250 employees from each facility toobtain the total of 500. Note that the questionnaire was returned anonymously. We requested thatthe responder's name not be written on the returned questionnaire to avoid any potential problemswith confidentiality.A six page questionnaire was developed (Part II: Section VIII, Appendix A) thatrequested information on demographic status; history of job title, exposures, and plants ofemployment; health concerns; current health care; and interest in screening and education. Acheck list of 63 specific exposures was included in the questionnaire for Y-12 and ORNLemploymentseparately. The questionnaire was approved by the Institutional Review Boards ofOak Ridge Associated Universities and Queens College of the City University of New York. Acopy of the questionnaire was sent to the selected 500 individuals with a cover letter co-signed byCarl Scarbrough, ATLC President; and Steven Markowitz, MD, project director. The\n5\n questionnaires were sent by first class U.S. mail in order that the letters with incorrect addresseswould be returned to the project office. We report here the findings from the returned completedquestionnairesE. Review of Epidemiologic StudiesWe obtained all published epidemiologic and health studies that are available for Y-12and ORNL.G. Demographic Profile of Target PopulationRosters of Y-12 and ORNL employeeswho currently receive pensions were obtainedfrom BWXT. Available data on these retirees include name, current address, home telephonenumber, date of birth, date first employed by the company, and last date of employment.III. PRINCIPAL FINDINGSA. Hazards and Exposure Levels of Former Y-12 and ORNL Workers: Results ofRecords Review and Risk-MappingFor the purposes of planning a medical surveillance program, it is most useful to organizethe large numbers of diverse exposures encountered at the Y- 12 and ORNL facilitiesby principal human organ or organ systems affected. In cases where a health effect has been identified by joboperation (e g -welding) rather than by single exposure then job title or operation becomes thetool used to organize health effects Employing this means of considering hazardous exposuresyields Table I-I.Our knowledge about the magnitude of the exposures cited above derives from severalsources: external radiation monitoring, industrial hygiene data, risk mapping sessions, focusgroups, and questionnaire results. All of these methods have limitations, as detailed in Part II ofthis report. A brief summary of data for the most important exposures is provided in the section:the reader is urged to see the additional description in Part II.\n6\n Table I-IImportant Classes of Exposures at Y-12 and ORNL by Target Organ\nIrritants Hydrofluoric acidHydrochloric acidSulfuric acidNitric acidCadmiumWelding fumes\nA.1 RadiationA.1.1 Monitoring Policies at the FacilitiesHistorically, the main purpose of the radiation monitoring programs was to assure thateach worker's exposure to radiation was kept below the current annual prescribed occupationalexposure limit. In view of this aim, data collection in the early years was very limited for workerswho were considered to have low potential for exposure. Also, at the time of this report, limited\n7LungChronic obstructivelung diseaseTarget Organ/Disease Exposure ClassImportant Examples\nPneumoconioses Fibrogenic dusts AsbestosBerylliumLung cancer Carcinogens AsbestosChromiumWeldingRadiationGenitourinary systemRenal toxicity Renal toxins LeadChlorinated solventsEndocrineThyroid cancer Ionizing radiation Ionizing radiationHematopoietic systemLeukemiaIonizing radiationBenzeneIonizing radiationBenzeneNervous SystemCognitive dysfunctionPeripheral neuropathyNervous system toxins MercuryLeadChlorinated solventse.g.-trichloroethyleneGastrointestinal systemHepatitisHepatoxicity Chlorinated Solventse.g.-carbon tetrachlorideHearing Noise NoiseCardiovascular system Hypertension Lead\n information is available concerning the rationale used to decide which workers to monitorimplementation of these decisions, and the methods used for assessing reliability, variability, andlower limits of detection. At each facility, the radiation safety personnel were responsible for themonitoring program, making the programs essentially independent of each other.Because internal monitoring programs were begun at ORNL in 1951 and at Y-12 in 1950,the definition of \"not monitored\" varies by plant and by year. By the early 1950s, a worker whowas not monitored for internal exposure was judged to have low potential for exposure. Becauseof policies in effect, external monitoring data are available for most workers from Y-12 onlybeginning in 1961. ORNL began monitoring for external radiation in 1943 (Watkins, 1993).A.1.2 External Radiation ExposureBefore November 1951, only those workers entering areas of potential external radiationexposure were monitored for external dose. In 1947, all workers entering a radiation area morethan three times a week were assigned permanent film badges. By 1949, permanent film badgeswere issued to all workers who entered these restricted areas at least once a week. In November1951, all workers entering the main X- 10 area were required to have a film badge, and bySeptember 1953, the film badge and security badge needed for entry were combined into onebadge (Watkins, 1993). Risk mapping participants reported that they often worked using a selfreading dosimeter (SRD) and not wearing a film badge. They mentioned that the SRD readingswere recorded in HP logs but they were uncertain if this information was included in theirpersonal dose record. (Risk Mapping Interviews, 2003)According to site records, X-10 only used daily SRDs from 1943 until about 1945. In1945, they began to use weekly film badges and continued until the late 1950s, when theychanged to quarterly film badges. In 1975, they began to use either quarterly or annual TLDs. Atthe Y-12 facility, they also started with SRDs, progressing to weekly film badges in 1950,monthly film badges in 1959-1960, and quarterly film badges from 1960 until 1980. After 1980,they used either quarterly or annual TLDs. From 1961-1974, badges used by workers in areas oflow potential exposure were not always read. Rather, a sample of the badges issued was read toverify that the areas were being properly defined. For early film badges, the minimum detectabledose was approximately 25 mrem. The sensitivity of film badges in later years was improved(Watkins, 1993).After extensive error checking procedures, annual external doses were calculated bysumming all credible gamma and neutron film badge readings taken during the year. Because ofthe variability in dosimeter types, reading frequencies, and monitoring policies over time andfacilities, annual doses obtained from the simple summation of readings during the year may notbe comparable at all times, and a recorded dose may not always accurately represent the trueamount of a worker's radiation exposure. A summary of the recorded annual doses by year and bydepartment is included in Appendix F. This appendix contains a compilation of dose data fromthree sources: H&S reports, CEDR CER data files, and CEDR Mortality study data files. Themortality study data files included some extrapolation of doses for times when data were missingand, therefore, the results are different than the other data sets. A summary of the external dosedata (annual doses greater than 500 mrem) versus department is included in Appendix B.\n8\n A.1.3 Internal Radiation Exposure\nFilm badges measure external exposure over a given period of time. In contrast,monitoring for internal exposure is performed at specific points in time and, hence, yield resultsthat are estimates of the body or organ burden at the time of measurement. The primary methodsof internal monitoring used were urinalysis and in vivo gamma spectrometry, but fecal analysiswas also performed in some instances. The dosimetry associated with analysis of urine forradioisotopes of concern depends on relating the amount of an isotope in a reference volume ofurine to the amount contained in the body or in specific organs. The relationship between thesetwo amounts is affected by many variables, such as the radioisotope, time since exposure, thechemical and physical form of the isotope, and biological variation among individuals.In general, workers were monitored only if they worked in locations or administrativegroups that were judged by supervisors or radiation safety organizations to have had potential forinternal exposure. Periodically after 1950, individual samples from usually unmonitored workerswere randomly selected and monitored by ORNL to confirm that such workers were indeedunexposed to internal radiation The policy at Y-12 was to increase monitoring frequency as thepotential for internal exposure increased. (Watkins, 1993, Patterson, 1957, West, 1977)Workers at TEC had a high potential for internal contamination due to the processesperformed at the facility. However, personal monitoring data were not available because nobioassay or whole body counting programs were established during the years when it was inoperation.A.1.4 Review of External and Internal Data from Databases and HP ReportsThere is an increasing trend in external doses at ORNL until the late 1950s and a steadydecrease afterwards, while there is greater variability in the total recorded annual external dosesat Y-12. A Y-12 peak in 1958 was due to a criticality accident involving eight workers and didnot represent a general increase in external dose (Appendix F).The percentage of individuals monitored for external exposures at X-10 remained atabout 85% to 90% from 1950-1985 while the percentage at Y-12 was at about 20% until 1960when it was raised to 85% to 90%. Generally, the percentage of workers monitored for internalexposures was between 20% and 40% each year with the highest percentages for both plantsoccurring around 1963 to 1965.A summary of the annual radiation dose ranges for the X-10 site is included in AppendixF. It is interesting to note that in 1960 there is a sharp drop off in the number of individuals withannual doses in excess of 2 rem and also a sharp increase in the number of individuals beingmonitored.A 1958 HP report indicated that, among the ten highest cumulative doses due topenetrating radiation, nine individuals were from the Radioisotope Production Division. Thecumulative doses were received over 7 to 15 years and ranged from 42.5 — 64.8rem. (Hart, 1958)HP risk mapping participants thought that the worst areas for internal exposures wereBuildings 3038 3517 and 3019\n9\n Recorded external doses at Y-12 were generally lower than doses at X-10 Theonly significant internal monitoring was uranium urinalysis and in vivo testing (uranium-235 andthorium). Over the years it was assumed that monitoring for uranium would be satisfactory as asurrogate measure of other contaminants in the uranium (i.e., transuranics, such as neptunium andplutonium, or fission products in recycled fuel). Data were unavailable to determine whetherthere were processes or areas where these transuranic materials may have concentrated andtherefore represented a greater potential hazard. Additionally, a recent report discussing thecUrrent Y-12 internal dose program (Eckerman, 1999) stated that \"following the recent re-start ofoperations at the Y-12 Plant, the Radiological Control Organization (RCO) observed thatenriched uranium exposures appeared to involve insoluble rather than soluble uranium thatpresumably characterized most earlier Y-12 operations.\" Based on this finding, the bioassayprogram was modified, particularly specifying the need for routine fecal sampling. This raisesquestions with regard to potential missed doses.A.2 BerylliumData from the Y-12 Beryllium Worker Enhanced Medical Surveillance Program, fundedby DOE, indicated that the buildings associated with CBD cases or sensitized workers included:Alpha-5, 9202, Butler Building, Beta-4, Beta-2, 9212, 9766, 9995 and 9998. (Bingham, 1997)Additionally, a 1973 Y-12 document (DOE, 1973) identified Alpha-5, Alpha-3, 9202,and 9995 as \"Beryllium Control Areas.\" H&S summary reports from 1953-1960 indicate thatberyllium air sampling was frequently conducted in Building 9766 and, to a lesser extent, inBuilding 9212 (Appendix D).A broad-based approach to defining groups potentially exposed to beryllium isrecommended since published data demonstrate that individuals with low-level exposure can beaffected (Newman 1989, Kreiss 1996). For this reason, a two-tiered approach is recommendedbased on exposure groupsA.3 MercuryThe mercury concentration in the workplace air was monitored frequently at the Y-12facility. For example, in 1956, over 200,000 air mercury readings were taken (Appendix D). Inthe 1955 cascade start-up, many readings of mercury concentrations in the workplace air werehigher than the 0.1 mg/rn3 then recommended. (The current recommended permissible exposurelevel for mercury is 0.05 mg/rn3). A urinalysis program started in 1953 was expanded to providea check on the worker mercury exposures. During 1955 and into 1956, approximately 200 to 300workers had readings that exceeded the recommended limit of 0.3 mg/liter of urine. When aworker's urinary mercury remained elevated for several specimens the workers were re-assignedApproximately 70 workers were involved in temporary re-assignments of this nature. In additionto the air sampling and urine program, there was a special medical surveillance programinvolving clinical examinations of mercury workers being performed every six months. Personswith a history of albuminuria, kidney problems, or hypertension were screened out and notallowed to work with mercury. (Mercury Task Force, 1983(a), 1983(b))During the latter part of the Colex start-up during 1955, ABC and Y-12 managementundertook a crash program to bring the workplace mercury vapor levels down to acceptablelevels. Air sampling results seem to suggest that airborne concentrations were reduced after1955, as indicated by the drop in the percentage of air samples in excess of the 0 1 mg/rn3 limit(see Appendix D).\n10\n According to a 1977 report, Mercury Inventory at Y-12 Plant, 1950 through 1977, 2.4million pounds of mercury at Y-12 had been 'lost' or 'unaccounted for' (Mercury Task Force,1983(a), 1983(b)).A Emory University study conducted in 2000 as a follow-up to University of Michiganstudy of the mercury workers at Y-12 showed that 'neurological effects of relatively heavyexposure were still detectable more than 30 years after cessation of that exposure'. The studyconcluded that the exposure measure with the strongest association with the outcome wascumulative exposure (cases were selected by cumulative exposure of \u0012 2000 ug of Hg/liter-quarter, or a one-time urine value of greater than 600 ug of Hg/liter). The department numbersidentified as \"High Exposure Potential\" in the Emory report included: 2025, 2026, 2681, 2682,2683, 2685, and 2690. (Emory University)Priority buildings (buildings where frequent sampling for mercury was conducted and/ora high percentage of samples were identified in excess of the site MPC levels), based on companyIII records (Appendix D), included: Beta-4, Alpha-2, 9202, Alpha-5 and Alpha-4. According toa 1957 Health Physics Program Report (Y- 1186) (Patterson, 1957) \"a routine mercury vaporsampling program is maintained in Buildings 9201-2, 9201-4, 9201-5, 8 1-10, and 9204-2;buildings in which a potentially serious mercury vapor problem may exist\". During 1955through 1956, the percentage of mercury urine samples which exceeded the MPC (0.3mg/mA3)ranged from 10% to 30%. A further breakdown of these data indicates that machinists wereexposed to the highest levels while chemical operators were lower and electricians still lower.The machinists reported concentrations ranged from 0.5 to 0.3 mg Hg/liter, the chemicaloperators ranged from 0.46 to 0.3, and reported concentrations for electricians exposures rangedfrom 0.12 to 0.2 ug Hg/liter (Mercury Task Force, 1983(a), 1983(b).)At X-lO, Building 4501 housed the Orex pilot project, which was reported to have had alot of mercury during risk mapping sessions. Other uses of mercury at the X-10 site appear to beon a smaller scale (instruments, labs, etc.). It should however, be pointed out that many X-10workers began working at the Y-12 site (as X-10 employees) after the calutron operations wereshut down.A.4 CausticsNitric acid and hydrofluoric acid were used extensively in isotope separation andpurification operations. Specifically, Buildings 3019, 9212, 9215, 3505, Alpha-5, 9203, 9206,9929, and 9401-2 were involved in uranium or other isotope recovery, processing, separation orpurification. Steps within these processes involved many caustic materials including two of theprimary acids used, hydrofluoric acid and nitric acid (in some cases, fuming nitric acid).H&S summary reports indicate that air sampling for lithium was conducted at the Y-12site. Risk mapping participants mentioned that lithium at the site caused strong lung irritation andsometimes frequent sneezing. Also, there were frequent skin bums from working with thismaterial.Additionally, tetramethyl ammonium borohydrate (TMAB) was present at the Y-12 siteand is a strong irritant, similar in toxic properties to other boron compounds.\n11\n A.5 SolventsChlorinated solvents were used extensively at both the Y-12 and X-10 facilities over thehistory of the sites. Generally, the use of carbon tetrachioride was only prevalent during the earlyyears of operation. TCE and perchioroethylene were used extensively throughout the history ofthe sites. The areas with maximal potential exposures included the pilot separation or processingbuildings and the machine shops. Participants in the risk mapping sessions indicated that themachinists would \"use perc to put out chip fires while machining uranium' They indicated theywould 'use it for everything'.In addition to the common chlorinated solvents mentioned above and used for cleaningand degreasing, acetonitrile was used at the Y-12 site.A.6 NoiseNoise exposure was reported as a problem associated with production operations at boththe X-1O and Y-12 sites. The type of operations conducted at the sites over the history (e.g.separations operations, calutrons, lithium separation operations, machining) would be consistentwith elevated noise exposures. Risk mapping participants also indicated that hearing protectionrequirements, or the adherence to the requirements, was fairly lax in the early years.A.7 AsbestosAs in many of the DOE facilities, asbestos use was prevalent at both X-10 and Y-12.Asbestos was common in all building materials, other reported uses included asbestos blanketsasbestos covering on piping, and asbestos gloves. Highest exposures to asbestos would likelyhave occurred among maintenance workers.B. Questionnaire ResultsThe above-cited agent-specific analysis is principally the results of the risk-mappingsessions in combination with limited industrial hygiene and radiation monitoring data. We alsosent a questionnaire to a broad cross-section of retirees and terminated workers (n = 500)andhave, to date, received nearly a 50% response rate.A six page questionnaire was developed that requested information on demographicstatus; history of job title, exposures, and job locations at Y-12 and ORNL; health concerns;current health care; and interest in screening and education. A check list of 63 specific exposureswas included in the questionnaire. A copy of the questionnaire was sent to the 500 individualsthat represented a random sample of retirees and terminated workers from Y-12 and ORNLOf the 500 questionnaires sent, we received 247 (49.4%) completed questionnaires. Wereceived this response after a single mailing, which is an excellent result. We did not sendreminders, because we did not know who responded and did not want to send reminders to peoplewho had responded.Most respondents first worked for DOE in the 1940's (15%), 1950's (40%) or 1960's(22%). Most retired from DOE work in the 1980's (32%) or 1990's (52%). The mean age was 73(s d =86) years with 44% being age 75 or older Only 1% was less than the age of 55 years\n,12\n A majority of respondents (136, or 55%) did not list union membership, probablybecause they were not members of unions. Among the unions most commonly mentioned werelAM Local 480— machinists (n=30, 12.1% of total), JBEW Local 760— electrical workers (n=24,9.7% of total), ATLC (n=15, 6.1% of total) or Plumbers/Pipefitters Local 718 (n=10, 4.0% oftotal). Other unions cited were boilermakers, guards, chemical workers, laborers, sheet metalworkers, services employees, and Teamsters. There were 87 job titles represented among the firstjob cited by respondents. The most common jobs were engineer, machinist, electrician, chemicaloperator, secretary, and technician. Job titles listed as the second job showed a similar pattern.Table 1-2 lists the exposures and their reported frequencies on the completedquestionnaires at X-l0. The number of people responding to this question varied; percentagesreported include only affirmative or negative responses For all but a few exposures, over one-half of respondents reported exposure. Especially common was reported exposure to metals(>60%); solvents (>60%); external and internal radiation (>95%); irritants (>60%); and asbestosdust (>90%). Beryllium exposure was reported by 88% of respondents.Table 1-3 lists the exposures and their reported frequencies on the completedquestionnaires at Y-12. The number of people responding to this question varied; percentagesreported include only affirmative or negative responses For all but a few exposures, mostlyradioactive species, over one-half of respondents reported exposure. Exposures among Y-12workers were reported more commonly than among X-10 workers. Especially common wasreported exposure to metals (>60%); solvents (>70%); external and internal radiation (>95%);irritants (>80%); and asbestos dust (>95%). Beryllium exposure was reported by 96% ofrespondents.We also obtained information about job titles that respondents had over their careers atY-12 AND ORNL). Over 300 job titles have been cited. We are currently aggregating these jobtitles in order to better characterize common exposures among similar job titles.\n13\n Table 1-2Prevalence of Reported Exposures at X-1O\nChemical or A2ent% (No.) ReportingExposureChemical or Agent% (No.)ReportingExposure Metals Thorium87.5%(35) Aluminum 93.7%(59)Californium63.6%(21) Arsenic 63 .O%( 17)Protactinium 45 .O%(9)Beryllium 87.7%(50)Lanthanum 58.3%( 14) Cadmium 85.7%(42)Cobalt88.1%(37) Chromium 81.4%(35)Cesium85.4%(35)Copper 93. 8%(60)Strontium 89. 5%(34)Lead 93 .9%(6 1)Technetium 79.2%( 19) Lithium or LithiumCompounds79.4%(27)Iodine77.1%(27)Mercury 93.6%(58)Xenon63.3%(19)Nickel 86.O%(43)Tritium89.2%(33)Solvents Acids / CausticsAcetone 97.2%(70)Ammonium Hydroxide93.5%(43) Acetonitrile 52.2%( 12)Chlorine88.9%(40)Benzene 85.1%(40)Chromic Acid86.1%(31) Carbon Tetrachloride 93. 1%(54)Fluorine or HydrofluoricAcid (HF)90.2%(46)Chlorinated Solvents 85.4%(35)Hydrochloric Acid (HC1)94.8%(55)Cutting Fluids(\"Trimsol\", Dag, etc.)75.6%(31)Nitric Acid95.3%(61)Freon 85.O%(34)Perchloric Acid72% (18)Hexone (Methyl IsobtuylKetone)60.9%(14)Sodium Hydroxide90.5%(38)Kerosene 87.8%(36)Sulfuric Acid95.1%(58)Methyl Ethyl Ketone (MEK) 76.3%(29)TetramethylammoniumBorohydride (TMAB)33.3%(6)Paint or Paint Thinners 75.8%(25)Other AgentsPerchioroethylene (PERC) 76.7%(23)Asbestos95.2%(60)Tributylphosphate (TBP) 55 .O%( 11)Cyanide Compounds 59.1 %( 13)Trichioroethylene (TCE) 93.62%(44)Dusts (wood, coal, fibers)89.3%(50)Polychlorinated Biphenyls(PCBs)75.O%(2 1)Fiberglass89.6%(43)Radioactive Materials Heat85.7%(42) External Radiation(Gamma, Neutron, X-ray)96.3%(78)Herbicides / Pesticides47.8%(1 1)Internal Radiation Exposure 81.8%(27)Noise95.8%(68) Uranium 93.7%(59)Phosgene38.9%(7)Neptunium 57.1 %( 16)Repetitive Motion73.7%(28) Plutonium 90.7%(39)Silica 61 .5%( 16) Curium 65.5%(19)Welding Fumes85.2%(46)\n14\n Table 1-3Prevalence of Reported Exposures at Y-12\nChemical or Agent% (No.)ReportingExposureChemical or Agent% (No.)ReportingExposure Metals Thorium87.5%(42)Aluminum 95.7%(89)Californium 46.4%( 13)Arsenic 64.1 %(25)Protactinium 39.1 %(9)Beryllium 95.6%(109)Lanthanum 45.5%( 10)Cadmium 89.1%(49)Cobalt82.1%(32)Chromium 88.1%(52)Cesium73.5%(25)Copper 96.3 %(79)Strontium 75 .0%(21)Lead 96.6%(85)Technetium 47.6%( 10)Lithium or Lithium Compounds 93.3%(70)Iodine75.8%(25)Mercury 96.3 %( 104)Xenon40.0%(8)Nickel 92.3% (72)Tritium 78. 8%(26)Solvents Acids / CausticsAcetone 97.9%(92)Ammonium Hydroxide94.0%(47)Acetonitrile 77.4%(24)Chlorine93.1%(54)Benzene 93.6%(58)Chromic Acid83.8%(31)Carbon Tetrachioride 97.5%(78)Fluorine or HydrofluoricAcid (HF)92.7%(5 1)Chlorinated Solvents 90.4%(47)Hydrochloric Acid (HC1) 92.3 %(60)Cutting Fluids(\"Trimsol\", Dag, etc.)92.3%(72)Nitric Acid94.3%(66)Freon 92.8%(64)Perchioric Acid69.0%(20)Hexone (Methyl IsobtuylKetone)73.3%(22)Sodium Hydroxide 91 .7%(44)Kerosene 85.1%(40)Sulfuric Acid92.1%(58)Methyl Ethyl Ketone (MEK) 83.3%(35)TetramethylammoniumBorohydride (TMAB)60.0%(15)Paint or Paint Thinners 90.7%(49)Other AgentsPerchioroethylene (PERC) 93.9%(77)Asbestos97.6%(82)Tributylphosphate (TBP) 60.0%( 15)Cyanide Compounds72.2%(26)Trichloroethylene (TCE) 95.2%(60)Dusts (wood, coal, fibers)95.2%(79)Polychiorinated Biphenyls(PCBs)84.8%(39)Fiberglass94.l%(64)Radioactive materials Heat94.2%(65)External Radiation(Gamma, Neutron, X-ray)96.1%(73)Herbicides / Pesticides63.2%(24)Internal radiation exposure 87.8%(43)Noise96.9%(95) Uranium 99.2%(1 16)Phosgene45.5%(10)Neptunium 44.4%( 12)Repetitive Motion 87.5 %(35)Plutonium 93 .0%(39)Silica75.0%(24) Curium 43.5%(10)Welding Fumes91.9%(68)\n15\n C. Nature and Extent of Health Impacts Experienced by Y-12 and ORNL WorkersThe review of epidemiological studies is succinct, and the reader is referred to Part II:Section 7. Epidemiologic studies at Y-12 and ORNL show excess rates of selected diseases,including cancer, especially lung cancer, beryllium-related sensitivity and disease, asbestos-related disease, and selected neurologic effects.D. Educational Needs and Health Concerns of Former WorkersWe have two sources of information on the health concerns, health care, and educationalneeds of former Y-12 and ORNL workers: the focus groups and the questionnaire results.D.1 Focus Group ResultsThe focus groups were invaluable in providing insight about how former workers viewedthe \"significance\" of their prior exposures, and their current state of knowledge, health concerns,and health care. Inclusion of 23 workers, most of whom had more than 25 to30 years ofemployment at Y-12 and ORNL), provided a broad spectrum of opinion. A wide range of jobtitles were represented in the groups.The following themes and recommendations arose during the focus group sessions:1. The need exists for an occupational medical surveillance program.Focus group participants felt that an occupational medical program wasnecessary because of their primary care physicians' lack of knowledge of theimpact of occupational exposures.2. Independent physicians without any ties to DOE or the contractors should administerthe medical testing program in cooperation with ATLC.Participants cited trust and credibility as the most important components of anymedical testing program or there would be lack of interest and participation.They discouraged Oak Ridge as a testing site because of its close ties with DOEand the contractors. Local clinics should be used but they should be withindriving distance.3. The testing program should incorporate plant medical records.Participants stressed their desire to include plant medical records, if feasible, in theevaluation.4. Participants favored directly mailed invitations to inform workers of the program.The workers felt that the best way to reach X-10 and Y-12 workers is throughdirect mail, perhaps having the contractors send a notice with the pension andpay checks.5.Thetesting program should be ongoing rather than a one-time evaluation.\n16\n Participants repeatedly stressed the need for periodic testing because a clean billof health at one time is no guarantee against future disease6. Current as well as former workers should participate in the testing program.The focus group members felt that the program should begin with the retirees butshould include current workers because of the mistrust of the site clinic.7. All of the participants expressed a desire that early detection of lung cancer throughthe CT scan should be implemented as part of their program.Additional detail regarding these issues is provided the complete analysis by SylviaKieding in Section VI of Part II of this report.D.2 Questionnaire ResultsOver three-quarters of the respondents reported that they had seen a physician during the12 months prior to completing the questionnaire (87%). Nearly all (98%) of respondents reportedhaving a personal physician. Over three-quarters of respondents (n= 199, 83%) reported that theyhave periodic checkups when they are not ill. The vast majority of respondents have healthinsurance (n=235, or 97%).When asked whether they were concerned that their health might have been affected byworking at Y- 12 and ORNL, 62% (n= 144) reported that they believed that their current or futurehealth might be so affected. On the other hand, the majority of the respondents were interested inEparticipating in a medical screening if offered Nearly 60% of respondents (n=242, or 59%)stated that they were somewhat to very interested in participating in a screening.The majority of respondents (176, or 76%) reported that their personal physician knewthat they had worked at Y- 12 and ORNL. However, when asked if their personal physicians wereaware of their specific exposures that they had had at Y- 12 and ORNL, the vast majority (156, or67%) reported that they did not believe that their physician was aware of the specific exposuresthat they had had at Y-12 and ORNL.E. Size of the Target PopulationEstimating the size of the target population naturally requires defining what the targetpopulation is.In the following section, we provide the rationale for a targeted medicalsurveillance program that meets the criteria established by the Department of Energy. We willsubmit a full plan for Phase II, which will describe in detail the rationale and design of a medicalsurveillance and risk communication program.To fulfill the mandate for medical surveillance established by the DOE, we will propose amedical monitoring program designed to detect and to reduce the burden of chronic lung djsease,cancer, kidney and liver disease, and hearing loss.• Preventive Pulmonary Health Workers at Y-12 and ORNL are likely to be atincreased risk of a variety of lung diseases, including chronic obstructive lungdisease, pneumoconioses, and lung cancer. They worked with a variety of irritants,ffibrogenic dusts and lung carcinogens (asbestos and beryllium at a minimum) It isjustified to include all workers with significant exposures to lung irritants, asbestos\n17\n and other lung carcinogens, mercury and beryllium in a medical screening and riskcommunication program. Since these agents were in widespread use at Y-12 andORNL, large numbers of Y- 12 and ORNL workers were likely to have experiencedthese exposures.• Cancer Detection program Significant exposure to a variety of carcinogensoccurred at Y-12 and ORNL over the life of these facilities. Former and current X-l0andY- 12 workers would benefit from a targeted cancer detection and educationprogram. Lung cancer is the single most important cancer among Y- 12 and ORNL,because it is common and has been found to occur in excessive rates among workersat these facilities.• Hearing Loss Excessive noise exposure likely occurred at selected parts of the Y-12 and ORNL complex, leaving nearby workers at risk for hearing loss. For workerswho were in those areas, a hearing testing program would be justified and beneficial.•Diseases of Other Organs Exposure to metals and solvents was common at Y-12and ORNL. Screening for kidney, liver, and relevant neurologic disease would beappropriate for such workers.\nThese screening program elements and targeted conditions are entirely consistent withthe currently-funded DOE former worker medical surveillance programs at other sites and withthe national medical screening protocol established by DOE for this program.Results of the risk-mapping exercises yield observation on which facilities, buildings andjob titles appear to be associated with the greatest likelihood of significant levels of specificexposures. The details were provided in a previous section and also in Section V of Part II of thisreport.Estimation of the numbers of workers who are alive and at risk for occupational diseasemust be approximate. The roster of currently pensioned alive workers from Y-12 and ORNLincludes a total of 7,118 workers, consisting of 3,891 Y-12 retirees and 3,227 ORNL retirees.This group of retirees currently receive a pension through BWXT, and we have current addressesfor them.Terminated workers who did not work long enough to receive a pension are moredifficult to estimate. In the mortality studies at Y-12 (Loomis and Wolf) and ORNL (Richardsonand Wing), mortality follow-up of workers who were first hired between 1947 and 1972 (ORNL)or 1974 (Y-12) was completed through 1990. Of the 14,095 ORNL workers in the study, 3,269(23%) had died through 1990. Of the 10,620 Y-12 workers in the study, 8,119 had only worked atY-12 and 1,861 (23%) of these workers had died through 1990. A minimum of 16,000 Y-12 andORNL workers first employed between 1947 and 1974 were alive in 1990. Assuming andadditional 25% have died since 1990, approximately 11,550 workers first hired between 1947 and1974 at Y-12 and ORNL should still be alive. This figure doesn't include ex-workers first hiredafter 1974 but not employed long enough to be pensioned. This number is not known.Given these data, a reasonable provisional range of the numbers of living ex-workersfrom Y- 12 and X- 10 is 12,000 to 20,000. Given the incompleteness of information available atpresent, the estimate of the size of the population at risk must be regarded as approximate. It is,however, sufficient for planning purposes.\n18\n IV. NEED FOR MEDICAL SURVEILLANCE AND RISK COMMUNICATIONThe results of the 12 month needs assessment study support the need for a medicalmonitoring and risk communication program. This conclusion is based on the evidence that largenumbers of workers had exposures to detrimental agents, the strong need expressed by formerworkers for a credible targeted program of medical surveillance and education, and specificepidemiologic studies at Y-12 and ORNL that document excess risk of selected diseases.In Phase II, we propose to develop and implement a health protection and riskcommunication program for Y- 12 and ORNL workerscentered on the workers at risk for 1)chronic respiratory disease, including chronic obstructive lung disease (COPD) and thepneumoconioses, 2) cancer, including lung cancer 3) kidney, liver and neurologic disease, and 4)hearing loss. We select these conditions, because they meet the criteria established by the DOEfor medical monitoring and risk communication. Our logic is two-fold. First, these diseases arecaused by exposures that have occurred at Y-12 and ORNL. Second, a medical monitoringprogram framed around these conditions can provide tangible benefits. It can lead to earlydetection of cancer, which can increase survival and quality of life. A well-designed program canidentify COPD and the pneumoconioses for which advice about proper treatment (COPD),vaccinations, and prompt treatment of superimposed infections will be highly beneficial. Lungcancer is amenable to early detection through rational screening, and can be complemented bysmoking cessation programs, thereby reducing both occupational and non-occupational risks. Theseverity of kidney, liver, and neurologic disease can be reduced by control of other risk factors(e.g. —hypertensionand alcohol consumption).The risk communication will be a centerpiece of a health protection/medical monitoringprogram. While there remains considerable uncertainty about the health risks experienced as aresult of working at Y-12 and ORNL, this uncertainty must be openly communicated by crediblesources. In combination with a medical surveillance program designed to protect health, accurateinformation about risks will be itself health promoting. We propose the hard outcomes notedabove for medical monitoring, in part, because they can be identified with certainty. The healthoutcomes that we seek to include a monitoring program are highly amenable to screening on apopulation basis. After participation in the screening program, former and current Y-12 andORNL workers will have increased real knowledge about their personal health status, what isknown about their risks, and how they can promote their own health. In conclusion, mountingsuch a program in Phase II should make a tangible improvement in people's lives.\n19\n Section V. Exposure Assessment\n 1.0 IntroductionThe purpose of this one-year study was to identify primary worker exposures thatoccurred over time at the X-1O and Y-12 facilities in Oak Ridge. These exposures werecharacterized, to the extent possible, to allow for a means of determination of workerpopulations at greatest risk. A central part of the exposure assessment included the use ofbuilding specific risk mapping. This approach allowed for input directly from thoseinvolved historically at each building or area of interest. This risk mapping process alsoallowed the researchers to gain a great deal of insight on day-to-day operations andexposures that took place at these sites through time.2.0 Description of the Sitesx-10\nThe original X- 10 facility consisted of the air-cooled graphite pile or reactor forproducing plutonium, a pilot plant for isolating plutonium, and some support facilities.The chemical separations pilot plant construction started in March, and the reactor wentcritical and began operation November 4,1943. The site was initially challenged withseveral major goals including:1. Conduct the necessary studies and develop a workable and dependable method forchemically separating and isolating plutonium from uranium metal and fromfission products.2. Develop a process for recovering the partially depleted uranium metal that hadbeen irradiated and used in the development work at the pilot plant.3. Develop methods for producing certain other radioisotopes such as barium andlanthanum for use at other Manhattan project sites.The first major facility constructed at Clinton Laboratories, X-10 site, was the graphitereactor for irradiating uranium and producing plutonium. The second major facilityconstructed was the pilot plant (now Building 3019 but formerly Building 205) where theprocess for separating and purifying plutonium was to be testedAfter the original mission X-10 continued to do research, pilot plant work and productionwork in the areas of isotope production, isotope separation and purification, and reactorresearch. Detailed descriptions of the primary buildings and operations for the X- 10 siteare outlined in Section 5.0 of this report.Y-12 SiteThe Oak Ridge Y-12 Plant was built for the US Army Corps of Engineers in 1943 as partof the Manhattan Project under the name Clinton Engineer Works. Tennessee Eastman, asubsidiary of the Eastman Kodak Company, was the original Y-12 site contractor underthe agreement with the Army Corps of Engineers. In 1947 the oversight of the operationswere turned over to the Atomic Energy Commission (AEC) and Tennessee Eastmanv-i\n Company was replaced as the primary contractor by Carbide and Carbon ChemicalCorporation Union Carbide took over in 1957 and Martin Manetta Energy Systems(MMES) and Lockheed Martin took over in 1984 until 1999. The current contractorBWXT took over in 1999.The Y-12 plant had five principal responsibilities: 1) Development of theelectromagnetic separation process for uranium, 2) Production of nuclear weaponcomponents, 3) Fabrication support to nuclear weapon design agencies, 4) Support for theORNL, and 5) Support to other government agencies and facilities. The major programsand activities at the Y-12 site are listed in Table 1Table 1. Major Programs at the Y-12 SiteElectromagnetic Separation of U-235 1943-1948Electromagnetic Separation of Stable Isotopes 1947 —1990Production of Uranium Weapon Components 1948 —1992ELEX Separation of Lithium Isotopes 1950— 1956Production of Thorium Weapons Components 1950s —1975Waste Disposal in S-3 Ponds 1951 —1990Production of Lithium and Beryllium Weapon Components 1950s —1992COLEX Separation of Lithium Isotopes 1956 —1963Waste Disposal in New Hope Pond 1963 —1990\\Detailed descriptions of the primary buildings and operations for the X-10 site are outlined inSection 6.0 of this report.\nV-2\n 3.0 METHODOLOGYTo best summarize the exposures at the X-1O and Y-12 facilities three basic approacheswere initiated: 1) Risk Mapping of Priority Facilities and Buildings, 2) ExposuresRecords Review and Assessment, and 3) Development and Dissemination of aQuestionnaire to former workers. The approach to each of these items is detailed withinthis section.3.1 Risk MappingRisk Mapping is an approach that has been used extensively at industrial facilities as atool to assist workers and/or joint health and safety committees in determining high-riskareas within their facilities. Traditionally the technique is used to identify currentproblem areas within a facility and to assist in developing an intervention strategy forresolving the problem areas. (Parker-Brown, 1995, LOSH, 1996) For this project the riskmapping approach was used to map past exposure conditions at the identified priorityfacilities and the priority buildings within those facilities.In addition to using the mapping process for mapping past exposure conditions within thebuildings of interest, the method was also modified to allow the field researchers tocollect semi-quantitative exposure data for each identified exposure of concern. Inaddition, the field researchers were also tasked with collecting data regardingbuilding/process characteristics (i.e., description of major processes, number of workersin the building of interest, years of operation, etc.).Several steps were necessary in developing and running the risk mapping sessions. Thesteps were as follows:1) CPS, Inc. customized the risk mapping method for use in retrospective exposureassessment. Part of customizing the risk-mapping tool included the development of a\"job exposure information sheet\" which was used to collect job/process/exposureinformation for each chemical / agent identified on the risk map. (see Attachment 1)In addition, a \"Building Characteristics Report Form\" was developed to allow thefield researchers to collect descriptive information on the building of interest (i.e.,description of major processes, number of workers, years of operation, etc.). (seeAttachment 2)2) CPS, Inc. in conjunction with the PACE International Union staff developed atraining guidebook for use in training the field researchers in the technique. Theguidebook was constructed to include baseline information regarding the project aswell as basic information regarding medical surveillance.3) CPS, Inc. in conjunction with the PACE International Union conducted a train thetrainer for the field researchers. The field researchers for this project included ATLCHealth and Safety representatives. The train the trainer session was a four hour\nV-3\n session to familiarize the field research team with the risk mapping methodology andfocus group techniques.4) Selection of \"experts\" for initial risk mapping session for the X-1O and Y-12facilities was done by CPS, Inc. in coordination with the PACE International alongwith the ATLC Local Union research teams. The \"experts\" selected for the initialsession consisted of hourly workers as well as salary workers (including linesupervisors) with extensive experience at the site. While the group did not consist ofa typical expert panel which might be assembled by researchers in order tocharacterize past exposures at an industrial site, the group had a vast amount of siteexperience and was selected to encompass a broad array of job classifications,facilities, and process buildings of interest.5)Theinitial risk mapping session focused on the entire site (X-1O and Y-12 separately)and was conducted to assist in determining priority areas for future, more specific,risk mapping sessions. As a product from each of these sessions, the expert groupproduced a listing of the primary facilities of concern with respect to occupationalexposures at Y-12 and X-1O. These lists, along with information obtained throughreview of previous research studies, were used to identify areas for future riskmapping sessions.6) Building specific risk mapping sessions were conducted for priority buildings at eachof the facilities. These risk mapping sessions allowed for the collection of theaforementioned data sheets: Job Exposure Information Sheet and the BuildingCharacteristics Report.7) The Job Exposure Information Sheet data along with information from the BuildingCharacteristics Reports were compiled into a database to allow for assessment of thedata. Appendix A includes a summary of the results collected during the riskmapping sessions. The data sheets indicate exposures by building and by job title.3.2 Exposure Records Review and AssessmentThe primary focus of this preliminary exposure assessment was to determine majorexposures as a function of building / area, department, or job classification. Anotherprimary need is to establish an approach for linking the building / exposure data to anindividual within the former worker roster.The major types of information used in the development of this report include:\n1.X-1O andY-12 External and Internal Radiation Databases (requested from thesites; not yet received)2. X-1O and Y-12 lET Air Sampling Data (requested; not yet received); includingY12 Beryllium, Thorium, Mercury and Uranium data3. X-1O and Y-12 External and Internal Radiation CEDR Databases (Cragle, 1996)\nV-4\n a. Y-12 Film Data (1950 —1988)b. Y-12 Uranium Urinalysis Data (1960 — 1985)c. Y-12 Whole Body Counting Data (1960 — 1985)d. X-10ExternalExposure Data (1943 —1985)e, X-10 Urinalysis Data (1950 — 1985)f. X-10 Whole Body Counting Data (1950 — 1985)4. CEDR Multiple Site Study — X-10databases regarding building history,department history, and IH exposures by division (Wolf, 1998)5. X-10 University of North Carolina Health Study analytical files (Richardson,1998)a. X-10 Adjusted External Radiation Data6. X-10 Health Physics Quarterly / Annual Reports (Davis, Hart, Snyder, andTurner, 1958—1983)7. Y-12 Health and Safety Quarterly Reports (1952 — 1962)(Y-12, 1952-1962)8. Oak Ridge Health Studies Phase I/il Reports -- Off-SiteDose ReconstructionProject and cited documents related to Buildings and Operations (ChemRisk,1993)9. University of Cincinnati Medical Surveillance Phase I Report and supportingdatabase (with building exposure information and process information) (Bingham,1997)10. Oak Ridge Y-12 Mercury Task Force Documentation (Mercury Task Force,1983a,b)11. Site and Division History Documents12. Environmental Remediation reports13. Site Audit References (e.g. Tiger Team Report, Recycled Uranium Mass BalanceStudy Report, etc.)For the two sites there is a fair amount of information regarding the radiation exposuresthat allowed for at least a preliminary assessment of priority departments. The availabledatabases related to external and internal exposures were analyzed to determine thosedepartments with a greater potential for external and internal radiation exposures.Generally, the data was reviewed to determine the departments with the greatest\nv-S\n percentage of positive values. This analysis is detailed in Appendix B. Also included inthis appendix are the query files used to make the assessments.There are several notable limitations of the radiation data available including: there is noexternal data available for Y-12 workers prior to 1960, available data is based on sitepolicy of who was potentially exposed which therefore greatly limits this analysis, thedata in the database is annual summary data for individuals (not individual film badgeexposure period readings and no hard copy records were reviewed), the data usually didnot indicate building (only listing department or division), department numbers may notnecessarily be associated with a work location therefore complicating the analysis, etc.Other data files which were reviewed preliminarily to assist in the interpretation of theradiation dose records and H&S report references include: Site Specific JobClassification database, X-10 Building Number and Building Names Database, and X-10Department Number, Department Name, and Division Names (see Appendix C).Another key source that was used to supplement the risk mapping data with regard toexposures other than radiation was the H&S summary reports. These reports, whilevarying in usefulness over time, included very useful summary information with regardto the following: IH monitoring data, occurrence frequency (sometimes by building), andradiation dose summary information which was to some extent used to validate thedatabase records, A summary of some of the data (air sampling, urine, and occurrencereport data) from the available H&S reports is included in Appendix D.3.3 Questionnaire for Former WorkersA questionnaire was developed by CPS, Inc. and Queens College to survey formerworkers regarding health status, health care needs, work history, and exposureinformation A pilot questionnaire regarding the exposure information was used duringthe risk mapping activities Approximately 70 individuals completed a questionnaire(which did not include any personal identifiers — name,SSN, badge number). Analysis of the preliminary data is included in Appendix E The individuals represented thefollowing job titles for Y-12: Machinists (12), Outside Machinists (2), ChemicalOperators (5),Electroplaters(3), Pipefitters (2), Boiler Maker (2), Painter (2), Insulator(2), Welder (1), Electrician (3), Utility Operator (3), Carpenter (1), Supervisors (2), andno job title (1). The individuals represented the following job titles for X-1O: ChemicalTechnicians (7), Machinists (5), LaboratoryTechnicians (3), Laboratory Supervisors (2),Electroplater (1), Health Physicist (1), Tank Farm Operator (1), Group Leader (1),Pipefitter (1), Electrician (1), Millwright (2), Welder (1) and no job title (1).4.0 ResultsThe primary objective of this investigation was to identify the primary exposures thattook place over the site history at the two sites. The results of the risk mapping work areincorporated into the following section which outlines both the major operations at thesites, and where possible, at the buildings along with the primary exposures. The listing\nV-6\n of the primary exposures is based primarily on the risk mapping results but issupplemented with information from database, past study results or document reviews.The CEDR database files for the Oak Ridge site (the Center for EpidemiologicalResearch —CERdata files (Cragle, 1996) were used to assess the relationship of externaland internal exposures as a function of time and department number. The assessment ofpriority departments with regard to various types of radiation exposure described is, forthe most part, based on the CER data files. In some cases, and where data was available,other sources were referenced to verify the prioritization approach. These other datasources include the Annual Health Physics Reports (available for X-10 for years from1952 —1983and for Y-12 for the years from 1950 — 1962(Davis, Hart, Snyder, andTurner and Y-12 (50-62), and the CEDR Mortality study data files (Richardson, 1998).For X-10 departments with greater potential for internal radiation exposure were assessedbased on the urinalysis data along with the in-vivo monitoring records. Selectedradionuclides included in the urinalysis data were assessed to determine areas(departments) most likely to be monitored for the selected radionuclide of interest.Again, it must be stressed that this analysis is limited since it does not address thoseindividuals that were not monitored and assumes that the site selection of those most atrisk for potential internal exposures was appropriate throughout the site history.Departments with greater than approximately 10% of the total samples of selectedradionuclides of interest are noted in the table below.Radionuclide Department NumberStrontium-90 3370, 3078, 3390Plutonium-239 (PuO and Pu9) 3370, 3390, 3602Gross Alpha 3370, 3290Uranium-234 3370, 3470, 3290Curium-244 3370, 3602Tritium 3602, 3369Aggregate of selected radionuclides 3604, 3079, 3193, 3405, 3325, 3675, 3078,3390, 3003, 3470, 3650\nReviewing the In-vivo records, which are associated with type of in-vivo monitoring,division, and HP Area (Building). The priority divisions and buildings based on thereview of this data are as follows: Buildings: 2016, 3001, 3019, 3038, 3517, 3550, 4500,5500, 7900, and 7920 and Divisions: Analytical Chemistry, Chemical Technology,Health Physics, Isotopes, Operations, and Plant and Equipment.\nv-7\n Reviewing the External dose records for X-10 to determine departments with greaterpotential for exposure was done by determining the departments with more than 10% oftotal records for annual doses greater than 500 mrem. Using this approach the followingdepartments were identified: 3650, 3390, 3370, 3363, 3360, 3193, 3078, 3X, and 3CFor Y-12 the greater potential for radiation exposure was based on External Dose(including analysis of gamma, beta and neutron dose summary data) greater than 500mrem and analysis of the urinalysis data to determine the departments with greater than10% of total samples The priority departments based on review of the external dose data(penetrating, skin, and neutron) include: 2018, 2617, 2619, 2703, 2618, and 2702.For Y-12 urine data the highest 5% of all samples were reviewed and departments withgreater than 10% of the total were selected as high potential for internal exposures.Based on this criteria the following departments were identified: 2014, 2015, 2077,2158, 2230, 2301, 2617, 2618, 2619, 2638, 2687, 2702, 2776, 2791, 2793, and 5001. Ofthese departments it appears that 2617, 2618 and 2619 are the departments with thehighest potential This was deduced by reviewing the top 2% of all samples and noticingthat these three departments accounted for 35%, 17% and 9% of the samples respectively.Other exposures of interest that were used to prioritize locations, departments, divisions,or jobs to be prioritized for screening included: Beryllium, Mercury, Caustics (NitricAcid, FIF, Lithium compounds), Solvents (Carbon Tetrachloride, perchloroethylene,Acetonitrile, TCE), Asbestos, and Noise. Each of these chemicals or classes is discussedin detail in Section 7 0 The table below summarizes the departments, divisionsbuildings or job classifications that likely had high potential for exposure to each of theseagents.Chemical I Agent or Class Department, Building, Division, or jobBeryllium Machinists, Buildings (Alpha-5, 9202, Alpha-3,9995, 9766, 9998, Beta-4, 9733, and 9215 and 3019,ORNL Reactor Buildings, and 3012?)Mercury Buildings (Alpha-2,4,5, Beta-4, 9202, 4501, 8 1-10)and Departments (2025, 2026, 2681, 2682, 2683,2685, and 2690)Caustics (Nitric Acid, HF, Lithium Compounds) Buildings (3019, 9212, 9215, 3505, Beta-2,4,Alpha-5, 9292, 9203, 9206, and 940 1-2)Solvents (Carbon Tetrachioride, TCE, Acetonitrile,Perchloroethylene)Buildings (9202, 9203, Beta-2, 9205, 9212, 9215,3019, 3505, 3508 and all machine shops)Asbestos Maintenance departmentsNoise Maintenance and Operations departments\nV-8\n 5.0 X-10 Buildings5.1 2026 Radioactive Materials Analytical Labs (RMAL) (1964 -BuildingDescriptionThe Radioactive Materials Analytical Laboratory (RMAL) receives, stores, assaysand disposes of a wide variety of radioactive materials. Assay operations includeddissolutions, dilutions, separations, followed by physical, chemical and radiochemicalexaminations of individual samples.The RMAL facility was constructed in 1964 (with additions in 1966 and 1985) for thepurpose of providing a laboratory for general analytical chemistry for radioactivematerials and specifically to support the processing and examination of spent reactorfuel.This building housed general radioactive material analytical laboratories and six hotcells with an unloading cell in the center of the building. The building also had twolabs with glovebox operations for high level alpha work. (ORNL, 1997(a))Primary ExposuresThe primary exposures reported during risk mapping sessions included: fissionproducts, tritium. Other potential exposures of interest include: Carbon-14, Cobolt-60, Nickel-63, Srontium-90, Cesium- 134,137, Europium- 152,154,155, Thorium-228,229,232, Uranium-233 ,234,23 5,238, Neptunium-237, Plutonium-238,239,240,241,242, Americium-24 1,243, Curium-243,244,245,246 andCalifornium-249,25 1.5.2 2525 Research Shops (\"Green Door Machine Shop\") (1957)Building DescriptionUltrasonic Machining, Electrical Discharge Machining, Metal Evaporation, Grinding,Plastics and Rubber work, a Welding Shop and a Plating shop. Also machinedtransite.Primary ExposuresPrimary exposures reported include: Beryllium, asbestos, welding fumes, and acids.5.3 3001 Pile Building (including Graphite Reactor) (1943 — 1963)\nV-9\n Building DescriptionThe Clinton Pile has been known by various names, including the X-Pile and theORNL Graphite Reactor. The term 'pile' was used to describe the reactor because itwas assembled by piling up blocks of graphite with pieces of uranium interspersed.In the pile the graphite served as the neutron moderator, slowing the neutrons to allowfurther reaction with the fissionable Uranium-235 to produce a chain reaction. Thepile was a 24 foot graphite block with holes or channels for the fuel or for experimentports. The entire cube was surrounded by a 7 foot thick concrete shield. The reactorwas air cooled and originally the exhaust was not filtered. The reactor first wentcritical in the fall of 1943. (ChemRisk, 1993)Primary ExposuresPrimary exposures reported during risk mapping sessions included: Plutonium,Internal radiation, External Radiation, Iodine-131, Strontium-90, Colbalt-60, Curium-244, and asbestos. It was mentioned that the Building 3019 1959 Plutonium incidentcontaminated building 3001 (which is situated across the road from building 3019).5.4 3005 LITR (1952 —1968)Building DescriptionThe LITR was originally built to be a small mock-up or training facility to test thedesign of the controls and hydraulics of the MTR reactor. This facility served as atraining ground for the operators of the full scale facility (Phillips Petroleumpersonnel from MTR in INEL were trained in this facility). This facility was used asan experimental reactor until 1968. (ChemRisk, 1997) (Stapleton, 1993)Primary ExposuresThe primary exposures noted for this building during risk mapping sessions included:External radiation, internal radiation, and neutron exposures.5.5 MTR Materials Test Reactor (1946 — 1948)The MTR was a high flux reactor that had the chief function of intense neutronbombardment for testing materials to be used in future reactors. The main features ofthe reactor were parallel uranium fuel plates between aluminum plates, with waterused as the moderator and the coolant and with beryllium used as a reflector. Aftera short testing period the MTR design and function was moved to Idaho (INEL).5.6 Daniels Pile (1946 —1948)A reactor designed with a bed of enriched uranium 'pebbles' moderated by berylliumoxide and cooled by helium gas. This experimental 'pebble bed' reactor was only in\nv-b\n operation until 1948. Further research in this area was shifted to Argonne NationalLabs.5.7 3010 Bulk Shielding Building (1950 — 1991)Building DescriptionThe Bulk Shielding Reactor was originally built to support the Aircraft NuclearPropulsion (ANP) project. Much of the focus of the project was to develop effectivebut lightweight shielding which would protect both the flight crew and the equipment.The BSR was a swimming pooi reactor in which the enriched uranium core wassubmerged in water for both cooling and neutron moderation, and could be movedaround in the concrete pool to test bulk shielding materials in various configurations.The BSR was upgraded (BSF-ll reactor — 1960-1991) to include a forced coolingsystem and took over the function of the general purpose research reactor for thefacility (replaced the graphite reactor which was shut down at the same time).(Stapleton, 1993)Primary ExposuresThe primary exposures noted for this building during risk mapping sessions included:External radiation, internal radiation, and neutron exposures.5.8 3Ol2Rolling Mill (1947 —late70s)Building DescriptionThis was the primary production plant for the fuel elements for all reactors. Thefacility also performed work for SRS and the Navy as well as fuel tubes for the HFIRin the late 70s.Primary ExposuresPrimary exposures reported included: Uranium, beryllium, aluminum, zirconium,solvents, External Radiation, and Internal Radiation.5.9 3019 Separations Building (1943 - 1991)(originally Building 205)Building DescriptionThe original purpose of Building 3019 (the Pilot Plant) was to test processes forplutonium separation, determine needs for full scale production level separation, andprovide plutonium for other sites to use for evaluation purposes. When it wasconstructed it included 6 large underground cells. (Brooksbank, 1994) One of themost significant incidents involving an explosion in an evaporator cell in Buildingv-il\n 3019 occurred in 1959. The explosion resulted in a release of plutonium out of thebuilding and into building 3001 (across the street) Risk mapping participantsreported that subsequent to this accident health physics practices were improved.(Parrot, 1961, and Morgan, 1959)Significant Processes or Pilot Operations in the 3019 ComplexBismuth Phosphate Process (1943 — 1945)The first process selected for separation was the Bismuth phosphate co-precipitationprocess. The fuel slugs came directly from the Graphite reactor (3001) through acanal that ran between the buildings. The fuel was allowed to cool (decay of the shortlived fission products) prior to being brought into the Pilot plant. The process wasconducted in six hot cells within Building 205 (later Building 3019) The slugs werefirst dissolved in a solution of nitric acid with a mercury catalyst (to remove thealuminum casing) The uranium was dissolved in a heated mtnc acid bath By theend of January 1944, 113 ton per day of irradiated fuel from the reactor was goingthrough the pilot plant, although the low pile power level and short operating timehad not allowed the plutonium concentration to build up to the planned levels.(Genung, 1993) Eventually the plutonium was separated by adding bismuth nitrateand phosphoric acid creating bismuth phosphate which carried the plutonium out ofsolution The fission product decontamination factors for the plutonium separationswere terrible resulting in high levels of fission products in the product.Redox 25 Process (1946 —1948)The Redox process was a solvent extraction process for separation and purification ofplutonium and uranium. Solvent extraction methods take advantage of the fact thatnitrates of plutonium and uranium are readily soluble in certain organic liquids, whilethe nitrates of fission products are generally insoluble in these liquids. The Redoxprocess, which used methyl isobutyl ketone (hexone) as the organic solvent andaluminum nitrate in the aqueous phase to improve separation, was anticipated to besimpler and more economical than the bismuth phosphate precipitation process, but atfirst it yielded uranium of insufficient purity.The \"25\" Process was designed to recover the highly enriched uranium from useduranium aluminum alloy fuel elements from the MTR in Idaho. This process was thepredecessor to the Idaho chemical plant process.Purex Process (1949 —1960)The PUREX process (Plutonium Uranium Reduction Extraction Process) wasdeveloped on a pilot scale starting in 1949. The Purex process used solventextraction with tributyl phosphate (TBP) in Varsol (organic diluent) and nitric acid asa salting agent. They also experimented with TBP in Amsco 123-15 hydrocarbondiluent (kerosene) The uranium was isolated as UNH andafter an ion exchangeprocess the Plutonium was isolated as Plutonium nitrate (Pu(N03)4). In addition to\nV-12\n isolating plutonium and uranium, the Purex process also isolated fission productisotopes of zirconium, niobium, and ruthenium (by distilling off the nitric acid for re-use).In addition to the purex process ORNL also developed an ion-exchange plutoniumisolation method and a process for recovering plutonium from metallurgical wastes.In 195 1-1953 the Purex process was conducted on a continuous process (rather thanbatch processing) with a total of 34 runs being conducted (each run withapproximately 140 slugs (—250 kg)). The Purex process was subsequently run in full-scale operation at the Hanford facilityFrom 1950 through 1960 the Purex process was used on varying feed materialsincluding Uranium slugs, NRX reactor fuel, SRP fuel, BNL reactorfuel, SRPUranium slugs, and CP-2 reactor fuel The materials recovered included Uranium-233, Uranium-235, Plutonium-239, and Plutonium-240 Among the fission products,cerium, zirconium, niobium, ruthenium, and iodine tend to be extracted along withthe products and are most difficult to separate from uranium, plutonium and thorium.(Bruce, 1956)Prior to using the TBP based solvent extraction processes other solvents had beeninvestigated including: pentaether, diisopropyl ether, tertiary alcohols, dibutylcellosolve, theonyl trifluoroacetone, and dibutyl carbitol. (Genung, 1993)Thorex Process (1954 —1960and 1969 —1976)Thorex process is similar to the Purex process and is used for separating thorium anduranium Used diethylbenzene instead of kerosene and a different solvent replacingTBP. The early runs were performed on Thorium slugs and later the process wasused to recover U-233 from U-23302-Th02 hard scrap Significant forms ofradioactive material encountered in the Thorex processing were Protactinium-233 andRuthenium Ruthenium was observed to be a limiting fission product contaminant inthe Thorex process, with levels higher during short decay runs. The separation ofProtactinium-233, while unsuccessful, was a significant contributor to radiation levelsand particulate releases. Because of concerns with personnel exposures in thefacility, the short-decay runs were terminated (around 1957) (Genung, 1993,ChemRisk, 1997) A 1958 Health and Safety report indicated airborne levels up to1 .7E-8 microcuries per cubic centimeter beta and gamma radioactivity was measuredat a laboratory area air monitoring station during a short decay run. This value wasapproximately 2000 times higher than the annual average of weekly data from theperimeter monitors during 1957. (Hart, 1958)Intenm-23 Process (1954 —1958)The Interim-23 Process (INT-23) was developed to isolate Uranium-233 alone fromthorium and associated fission products INT-23 was used to isolate kilogram\nV-13\n quantities of Uranium-233 for weapons applications from Hanford irradiated slugs.The goal of the process was to recover U-233 with very little U-232 (<5ppm)(ChemRisk, 1997)Fluoride Volatility Process (1958 — 1968)The fluoride volatility process was developed to take advantage of the high volatilityof UF6toseparate uranium from less volatile fluoride salts. The process wasdeveloped to recover Uranium-235 from molten salt reactor fuels and from other fuelssoluble in molten salt. The process was used from 1949 — 1968in Building 3019,including the reprocessing of molten salt reactor experiment fuel and uranium-zirconium alloy fuels containing highly enriched uranium.Kilorod Process (1960 —1964)The Kilorod facility was constructed within Building 3019 in the early 1960s to dodevelopment work on the reprocessing and fabrication of fuels containing Thoriumand Uranium-233. This process development work was performed in Cell 4 ofBuilding 3019. The processing of the fuel in the Kilorod facility involved twodistinct phases —bulkoxide preparation by the sol-gel process and fuel rodfabrication The fuel rod fabncation included the following steps 1) sizing the bulkU02-Th02 into an optimum particle size distribution (using crushing operations, ballmill operations and classifiers) for vibratory compaction, 2) vibratory compaction, 3)welding of the final end closure, 4) fuel rod decontamination, and 5) fuel rodinspection. Mockups of various parts of the process were designed in Building 4508.Cold runs using depleted Uranium were conducted to determine the adequacy of theprocess. A total of 37 kilograms of Uranium-233 was recovered during the Kilorodprogram. 1100 fuels rods charged with 3% Uranium-23302- 97% Th02. (Sease,1964)Head End Processes (1955 — 1976)(ChemRisk, 1997)Shear Leach ProcessThe Shear Leach Process consistsof shearing stainless steel or Zircaloy clad tubularU02 bearing fuel elements and leaching the U02 from the sheared fuel tube withnitric acid in preparation for solvent extraction.Darex ProcessThe Darex process was developed for stainless steel-jacketed fuels and used a mixtureof boiling hydrochloric and nitric acid (aqua regia) to dissolve the stainless steeljacket.\nV-14\n Sulfex ProcessAn alternate process for stainless steel-jacketed fuels was the Sulfex process thatdissolved the stainless steel jacket in sulfuric acid and the fuel materials in nitric acid.This was only run on a pilot scale at ORNL.Zirfiex ProcessZirfiex was a similar process as Sulfex for Zirconium jacketed fuel using ammoniumfluorideammonium nitrate solution to dissolve the zirconium jacket followed by nitricacid dissolution of the core. Such procedures were especially applicable to fuels withuranium and thorium oxide cores.Feed Materials Processing (1953 — 1959)Excer ProcessThe uranyl nitrate product of solvent extraction processes (Redox, Purex) is convertedto UF4 in preparation for gaseous diffusion recycle as UF6. This was usuallyaccomplished by costly reduction with hydrogen and HF. The Excer processinvolved aqueous phase hydrofluorination of uranium to UF4. A modification, theExcer Moving Bed Process, for converting uranyl nitrate to IJF4 consisted ofdenitration of the uranyl nitrate to U03, reduction to U02, and hydrofluorination toUF4.Fluorox ProcessThe Fluorox process involved reaction of UF4 with oxygen to produce UF6 anduranyl fluoride.Metallex ProcessThe Metallex process for conversion of thorium tetrachloride to thorium metal ingotsinvolves dissolving thorium tetrachloride in anhydrous propylene diamine (PDA) andreducing the thorium by contact with sodium or lithium amalgam. A button ofthorium metal is formed by filtering, cold pressing, and melting the metallic product.Raw materials ProcessingThe discovery that certain solvents and reagents could extract uranium from thesulfate solutions that were used to leach uranium from ores was an importanttechnological achievement. The Dapex process used dialkyl phosphoric acid for bothuranium and vanadium recovery. The Amex process uses a long-chain alkyl aminefor uranium recovery. The Monex process used TBP to extract thorium from processsludge and leach. The Slurrex process was developed in 1950 when the AECrequested ORNL to make a preliminary evaluation of various solvents for recovery\nV-15\n and purification of uranium from ore concentrates. Ethyl ether had been used for thisprocess in the past. The Slurrex process using TBP was developed by ORNL incollaboration with Mallinckrodt Chemical Works and the Catalytic ConstructionCompany. The process consisted of extraction of nitric acid slurries of uranium orewith 30% TBP, scrubbing with hot water, and stripping the uranium with equalvolumes of hot water. This process was used on a production level at Fernald.3019 Primary ExposuresThe primary exposures for this building included: Hydraulic fluids, Internalradiation, External Radiation, Fluorides, IJF6, HF, Beryllium, Heat, Asbestos, PCBs,Nitric Acid, Aluminum Nitrate, TBP, Amsco (Kerosene), Plutonium, Thorium, liEU,and Uranium-233.According to risk mapping participants in 1959 three of the worst accidents at ORNLwere in 3019: explosion, Ruthenium exposure, and explosion resulting in release ofplutonium. Additionally, H&S reports reviewed indicate that Building 3019 had themajority of the reported occurrences on the X-10 site for the years from 1960 — 1964(see Appendix D).5.10 Central Machine Shop (\"Bee Bee Shop\") (1947 — 1961)Building DescriptionBuilding 3024 was the general machine shop before building 2525 was built. Thebuilding was intended to be a clean shop but reportedly got more and morecontaminated over the years. It was nicknamed the \"Bee Bee\" shop because of thework done with lead shot. At the height of operations the shop had about 50 peopleworking there.Primary ExposuresPrimary exposures reported for the building included: Lead, internal radiation,external radiation, Noise, welding fumes, mercury, solvents, and beryllium (smallamount). (Risk Mapping and Bingham, 1997)5.11 3026 C By-product Process Building and Chemistry Separation Lab (1943Building DescriptionOne primary process that was conducted in Building 3026 was the separation ofradioactive lanthanum from irradiated fuel. Radioactive Lanthanum-140 was used inweapons test devices in order to characterize the movements of parts after theexplosion through the monitoring of the very intense gamma radiation from theLanthanum. The Radioactive Lanthanum (RaLa) process involved large quantities ofirradiated fuel in which radioactive fission products had been allowed to decay for\nV-16\n only a short period of time. The processing also initially took place at a time whenradioactive gases that were released were not efficiently trapped.The irradiated uranium slugs would be transferred to the 706-D (later 3026) dissolverapproximately 1-5 days after irradiation. Based on 150 pounds of slugs in adissolving batch, one reference indicates that 2500 curies of Xenon-133, 1300 curiesof Iodine-131, and less than 1 curie of Krypton-85 were released within the dissolver.RaLa runs typically involved batches of approximately 50 slugs at a time withproduction runs up to 1500 slugs. A production process was developed and put intoplace in Building 706-C where existing lab facilities were converted to the RaLaproduction process. In all, nine shipments to Los Alamos were made by 1945,totaling 3852 curies produced with the 706-C equipment which was designed for onlysmall-scale (1-10 curies) separation. (Thompson, 1949)Building 706-D was expanded to allow for increased production requirements.Separation operations in 706-D started in May of 1945 and by 1949 shipment to LosAlamos included over 62,000 curies of Barium-140. Production levels steadilyincreased from 1949 to 1954 with batch runs in 1954 resulting in as high as 64,000curies of Barium-140. Over the approximate 12 years of operation ONRL workersdissolved at least 30,000 slugs in the process of separating over 500,000 curies ofradioactive barium-lanthanum for Los Alamos weapons development and researchprojects. In 1954, after an incident at ORNL resulted in an airborne release, the RaLaoperation was re-established in Idaho Falls, Idaho.The RaLa process was very unpredictable. Because of inherent uncertainties in theoperating procedure it was impossible to maintain a fixed production schedule oreven to determine in advance exactly what materials would be required in theprocessing of a run. (Thompson, 1949)In addition to the RaLa process this building was the primary building for fissionproduct separation work.Primary ExposuresThe primary exposures identified for this building include: short decay fissionproducts, external radiation, internal radiation, coolant, NaK, Sodium Hydroxide, andasbestos.5.12 3028 Alpha Powder Facility (Curium Source Fabrication Facility) (3028E)and Short Lived Fission Product Facility (3028W)Building 3028 was constructed in 1950 to separate the short-lived fission productsfrom irradiated uranium-aluminum targets, using a concrete shielded manipulator cellon the ground floor. Labs were provided on the 2nd 3rd and 4th floors. The buildingwas later expanded by the addition of a single-story wing on the east side to house thealpha powder handling operations. The building was used to process curie quantities\nV-17\n of short lived fission products and to package and distribute gram quantities of alphamaterials such as oxides of Americium-241 and 243, Curium-244, Neptunium-237and Plutonium-238. 3028-B Hot Cells (1-4) were highly contaminated with alphacontamination with levels reported to be 1E6 -> 1E7dpmIlOO cm2 (Schaich, 1964).Primary exposuresPrimary exposures reported during risk mapping sessions included: Curium-244,Strontium-90, Cesium-137, and Cobalt-60 Other radionuclides of interest includeShort Lived Fission Products (Xenon-133, Iodine-131, Molybdenum-99, Zirconium-95, Tellurium-132, Ruthenium-103), Amencium-241,243, Curium-242, Neptunium-237, Plutonium-238, 239 240, 241, 242, Uranium-232, 233, 235 236 (Schaich,1964, 1970)5.13 3029-3038 Radioisotope Area (1951) (Goldsmith, 1987, 1988)3029 Source Development LaboratoryBuilding 3029 was constructed to perform the chemical and mechanical processing ofnumerous radioisotopes into radiation sources. The SDL was used to prepare sourcesof Strontium-90, Cesium- 137, Promethium- 147, Cobalt-60, Iridium- 192, Iodine- 131,Technetium-99, Calcium-47 and short lived radioisotopes. A subterranean Cobalt-60storage and irradiation facility (Cobalt-60 Garden) is used to store Cobalt-60 and toirradiate specimens with high gamma fluxes. Chemical, physical, and mechanicalprocessing of radioactive materials is conducted in four manipulator hot cells, twolaboratory hoods used as glove boxes and small glove boxes.3030, 3031, 3032 Radioisotope Development LabThe RDL are located in three separate single-story buildings (3030, 3031, 3032). Thelabs were constructed to perform limited production and development work withradioisotope materials used for industrial, medical and research applications.The hot cell in Building 3030 is used to process irradiated cyclotron and reactortargets to produce numerous unique radioisotopes, such as: 1) Cobalt-56 recoveryfrom an iron target, 2) Cobalt-57 from a Nickel cyclotron target, 3) preparation ofpurified Gold-198 solution, 4) separation of Neptunium-234 from a uranium target,5) preparation of purified Strontium-90 nitrate, and purification of Uranium-237.The hot cell in Building 3031 is used in the final separation of gadolinium fromcontaminated Europium targets. The Gadolinium-153 is used for nuclear medicine.Building 3032 was a hooded laboratory operation where only low-level radioisotopeproduction technology research and development activities were conducted.\nv-i 8\n Building 3033A Actinide Fabrication Laboratory (AFL)Building 3033 Annex was constructed in 1960 by bridging the space betweenBuildings 3033 and 3034. Until 1973 a portion of the building was used in theproduction of Carbon-14. The facility was later used to produce, load, weld, anddecontaminate neutron dosimeters and to weigh and package milligram to gramquantities of actinide materials. The facility was also used to fabricate ceramic oxidewire.3036 Decontamination Building (1951)Building DescriptionOne of the primary tasks performed in this building was the decontamination of leadwhich was subsequently sent it to lead shop (building 7005). Decontaminated leadbricks by dipping in nitric acid. Risk mapping participants mentioned that the \"HPswere coming up with high lead levels in their medical montirong\".Primary ExposuresPrimary exposures reported include: Lead, Nitric Acid, external radiation, internalradiation.3038 Alpha Handling Facility (AHF) and Isotope Research Materials Lab(IRML)The Isotopes Alpha Handling Facility was used for studying the physical andchemical characteristics of transuranium elements, fabrication of alpha and neutronemitting targets and sources, and fabrication of beta and low-energy gamma sources.Building 3038 was constructed in 1948 to house all the radioisotope shippingactivities for ORNL In the original configuration, the entire facility was dedicated topackaging, testing, shipping and receiving of all radioactive materials handled atORNL The east portion of the building was used as an analytical lab to performlocal analysis of short-lived radioisotopes prior to shipment. The central portion ofthe building contained the concrete barricade for the storage of liquid and solidradioactive materials, a pipetting station for the transfer of liquids, the canningstation, a material transfer system, a remote manipulator, and overhead mirrors toprovide observation behind the barricade. The west area was used for packaging,labeling, and inspection.By the late 1960s the volume of isotope shipping had decreased and the west portionwas converted to the Alpha Handling Facility. The AHF used five water shielded,manipulator cells to handle alpha and neutron emitters and three glove boxes used tofabricate alpha targets and sources. A separate glove box room (AHF annex) wasused to weigh, package and weld capsules of actinide materials. (Schaich, 1970)\nv-i 9\n • Primary ExposuresPrimary exposures of concern for the Isotope Circle facilities reported during riskmapping sessions included: Internal radiation, External radiation, Iodine-131,Technetium-99rn, Strontium-90, Cesium- 137, Molybdenum, Rutheni urn- 106, andtritium. Other sources indicated other radionuclidçs of interest including:Califomium-252, Curium-242, 244, Plutronium-238, Americium-241, 243, Uranium-232.5.14 3042 ORR (1958 —1987)Building DescriptionThe Oak Ridge Research Reactor (ORRR) combined the features of the MTR and theswimming pool reactor. It was cooled and moderated by water, with beryllium andwater providing the necessary neutron reflection. It used uranium aluminum alloyfuel in a core that was cooled with high velocity water. The entire core tank wasimmersed in a water pooi. The ORRR had beam ports extending through the concretepooi and also had the ability to do experiments in the water in close proximity to thecore to attain high neutron fluxes. In addition to mteria1 and solid state physicsexperiments the ORRR was used for radionuclide production to produceradionuclides for use in research or medical applications. (ChemRisk, 1997)Primary ExposuresPrimary exposures reported included: External radiation, internal radiation, fissionproducts, and beryllium.5.15 3044 Special Materials Machine Shop (\"Hot\" Machine Shop) (1955)Building DescriptionMade fuel elements at this facility. Worked with uranium, beryllium, thorium,fiberglass and lots of graphite. This building reportedly had more restrictive PPErequirements than the 2525 machine shop. Risk mapping participants reported thatthey did \"time controlled\" machining to control doses. Helpers were part of theregular workforce and did the cleaning of the machines The workforce consisted ofapproximately 25-30 machinists and helpers.Primary ExposuresPrimary exposures reported during risk mapping included: External radiation,skin/hand radiation exposures, internal radiation, beryllium, thorium, uranium, andfiberglass.\nV-20\n 5.16 3047 Radioisotope Development Laboratory (RDL)Building DescriptionBuilding 3047 was constructed in 1962 to conduct research and development and toproduce radioisotope materials. The facility had the following entities: severalgeneral-purpose labs for the handling of low-level radioactive materials, four shieldedmanipulator hot cells for high-level beta-gamma activity processing, three alpha-handling labs with one decontamination room, ten offices, a change room and storageand service areas.The four manipulator cells (Cells A, B, C, and D) located in the center of the firstfloor were used for high-level beta/gamma activities processing. These hot cells areequipped with dual, parallel HEPA filters in the rear of each cell. Access to changethese filters exposed personnel to about 600 mr/hour fields (with filter changes takingapproximately 20-30 minutes). (Goldsmith, 1987) It should be noted that for themost part manipulators used in hot cells throughout the ORNL were worked on in theManipulator shop (Building 3074).Primary ExposuresPrimary exposures reported during risk mapping sessions included: Irridium,Strontium, Cesium, Cobalt, Tritium, Curium, External Radiation, and InternalRadiation.5.17 3503 High Radiation Level Chemical Laboratory (1948 (originally 706-HB,-HD)In the 1950s this lab was used for chemical engineering studies of radiochemicalprocesses involving evaporation, solvent extraction and ion-exchange and continuedunit operation scale studies of the TBP process and the RaLa process.Research work on the Interim-23 Process (INT-23), developed to isolate Uranium-233 alone from thorium and associated fission products, was also performed in thisbuilding. INT-23 was used to isolate kilogram quantities of Uranium-233 forweapons applications from Hanford irradiated slugs.Primary ExposuresPrimary exposures reported include: Mercury (support work for Y-12 operations),TBP, Thorium, chlorinated solvents, Uranium-233, Plutonium, Strontium-90,Cesium-137, and Cobalt-60.\nV-21\n 5.18 3505ReactorFuels. Processing Plant, Metals Plant (1951)Process DescriptionThe facility consists of seven process cells (A thru G), a canal, a dissolver room, adissolver pit, an office, locker room, storage area, control room, electrical gallery,shop, and makeup area.The Tributyl phosphate (TBP) process was developed in 1949 for the recovery andpurification of uranium from the metal-bearing wastes that had accumulated in theORNL tank farm from wartime processing efforts. The process used TBP as asolvent for extracting uranium and was later modified to also recover plutonium. AMetal Recovery Facility (Building 3505) wasconstructed at ORNL to use the TBPprocess to recover uranium and plutonium from fission product waste solutionscollected in the tank farm system at the ORNL. In operation since 1953 the MetalsRecovery Facility also recovered uranium and plutonium from fuel from the ChalkRiver reactor, Hanford metallurgical waste, the Brookhaven National Laboratoryreactor, Argonne Labs CP-2 and CP-3 reactors, and 7.8 tons of sand contaminated byweapons tests in Nevada. (Thompson, 1963, ChemRisk, 1997)Metal recovery processing of Hanford metallurgical wastes for recovery of plutoniumand americium began in 1954. In the first quarter of operation the process yieldedover 18 kg of plutonium. (Brooksbank)Metal recovery also recovered 127 grams of Neptunium-237 and 6.7 tons of uraniumfrom 11.2 tons of the nonvolatile fluoride 'ash' resulting from fluorination of U03 toUF6 at Paducah. (Brooksbank)In 1958 the Metal Recovery Plant was linked by underground piping to the Pilot Plant(Building 3019) to form what became known as the Power Reactor Fuel Processing(PRFP) complex.The PUREX process (Plutonium Uranium Reduction Extraction Process) wasdeveloped on a pilot scale starting in 1949. The Purex process used solventextraction with tributyl phosphate (TBP) in Varsol (organic diluent) and nitric acid asa salting agent. They also experimented with TBP in Amsco 123-15 hydrocarbondiluent (kerosene). The uranium was isolated as UNH and after an ion exchangeprocess the Plutonium was isolated as Plutonium nitrate (Pu(N03)4). In addition toisolating plutonium and uranium, the Purex process also isolated fission productisotopes of zirconium, niobium, and ruthenium (by distilling off the nitric acid for re-use).In addition to the purex process ORNL also developed an ian-exchange plutoniumisolation method and a process for recovering plutonium from metallurgical wastes.\nV-22\n In 195 1-1953 the Purex process was conducted on a continuous process (rather thanbatch processing) with a total of 34 runs being conducted (each run withapproximately 140 slugs (—250 kg)). The Purex process was subsequently run in full-scale operation at the Hanford facility.Risk mapping participants indicated that building 3505 and 3019 were 'directmaintenance' facilities indicating that the cells were not designed to be maintainedremotely. This was also discussed in a technical presentation. (Bruce, 1960)According to health and safety reports the exposure of maintenance men toradioactivity in 7 years of operation averaged 60 mremlweek (approximately 3Rem/year). (Genung, 1993, ORNL-6846)Primary ExposuresPrimary exposures reported included: Uranium-23 8, Plutonium-239, Neptunium-237,Americium-241, Internal radiation, External radiation, heat, Nitric acid, AluminumNitrate, TBP, Amsco (kerosene), U-233, and U-235.5.19 3508 Chemical Technology Alpha LabBuilding DescriptionThe building was designed for high level alpha materials and low level beta andgamma materials and acted as both a development and service lab. First floorfacilities included: Lab 1 Low level alpha development lab, Lab 2 — Highlevelalpha development lab, Lab 3 —Lowlevel analytical lab, and Lab 4 —Highlevelalpha lab. One process performed in the labs was the purification of different alpha-emitting radioactive materials including: Americium-24 1, Neptunium-237, andPlutonium.Primary ExposuresPrimary exposures reported included: Americium-241, Neptunium-237, Plutonium,Uranium-233, Curium-242, solvents and chlorinated solvents.5.20 3515 Fission Product Pilot PlantBuilding DescriptionThis building was built in 1948 and was modified throughout its operational life. Theoriginal facility consisted of a concrete pad with tanks and a tent surrounding theshield blocks. In 1950 a hot cell was added. Lean-to buildings contained theoperating areas and a small valve pit was on the north side of the building. Thisbuilding was used to extract radioisotopes of ruthenium, strontium, cesium, cerium,and other elements from the ORNL liquid wastes and the Chalk River Canada clean-\nV-23\n up wastes. Past operations in this facility resulted in severe contamination of theinterior surfaces due primarily to a practice of intentionally overflowing the pipingand vessels with purge liquids for decontamination to allow entry for work Thisbuilding was shut down in 1976 but required continued surveillance and maintenanceuntil eventual D&D in 2003. (ORNL 1995)According to risk mapping participants management had tried to decontaminate thisbuilding in the past and the result was \"burning out a bunch of people just trying tostart the cleanup operations\".Primary ExposuresPrimary exposures reported include: External Radiation, fission products, andInternal radiation.5.21 3517 Fission Product Development Laboratory (1958 — 1988)Building DescriptionBuilding 3517 is a concrete block and corrugated aluminum sided structure. Thebuilding includes 15 cells shielded with concrete walls. In addition, there are fourcells, outside the main cell block, shielded with steel or concrete.Aqueous feed materials containing mixed fission products is concentrated byevaporation, and the fission products are then separated into groups of chemicallyrelated elements by inorganic precipitation. These purified fission products areconverted to a dried powder, which is pressed into pellets for insertion intocontainers The containers are sealed by welding and shipped to the customer for useas a source of radiation or heat.This lab worked primarily on the concentration, isolation and separation of fissionproducts from aqueous waste streams. The building houses large quantities of Sr-90and Cs-137. Risk mapping participants reported that there was an accident resultingin a severe hand dose from Strontiurn-90. The workforce consisted of four shiftsthrough the 1970s and then cut back to 3 shifts in the 80'sPrimary ExposuresPrimary exposures reported included: Transuranics, Cesium-137, Cerium-144, andStrontium-90. Other sources indicated other exposures of interest including: FissionProducts, Cerium- 144, Strontium-90 (200,000 Ci/campaign), Promithium- 147,Cesium- 137 (200,000 Ci/campaign), Ruthenium- 106, Zirconium-95, Niobium-95,Plutonium-239, Uranium-23 5,238, and Americium-24 1. (Schaich, 1964)\nV-24\n 5.22 3525 High Radiation Level Examination Laboratory (1963 —BuildingDescriptionThis facility contained both Hot cells and radiation laboratories.Primary ExposuresPrimary exposures reported include: Strontium-90, Cesium-137, Cobalt-60, HEU,Uranium-233 and asbestos.5.23 3550 Chemistry Laboratory (1943) (originally 706-A)Building DescriptionThis building housed some of the early research and bench scale work on fluoridevolatility process (40s to early 50s). In addition to bench scale and pilot levelresearch activities the facility all had a small machine shop.Primary ExposuresThe primary exposures reported include: External radiation, Internal radiation,Plutonium, Curium, beryllium, HF, acids and solvents.5.24 4500N & S Central Research Building (North 1951) (South 1962)Building DescriptionThese facilities performed general research including radiation research, fuelreprocessing work, research for the Molten salt reactor, research work on fluoridevolatility process, etc.Primary ExposuresPrimary exposures reported include: Uranium, Transuranics, fission products, acids,solvents5.25 4501 High Level Radiochemical Laboratory (1951)Building DescriptionResearch in this facility included: early fission product release test work and OREXresearch. Building 4501 had unpleasant odor in late 50's and early 60's related to theuse of propylene diamine (PDA) used in the OREX process. According to a groupinterview with Division Safety Officers \"Mercury was used in large quantities in thisbuilding\". Similar work was reported in building 3592.\nV-25\n Primary ExposuresPrimary exposures reported include: Mercury, Propylene Diamine (PDA), Iodine,Cesium, HEU, Uranium-233, plutonium, and transuranics.5.264507 HighRadiation Level Chemical Development Lab (1958Building DescriptionProcessed irradiated pellets of Americium Oxide and aluminum to recover a purifiedsolution of americium and curium. U-232 was prepared by irradiating Pa-23 1. Theirradiated material was processed in Building 4507 toproduce various productscontaining known amounts of U-232, U-233, and U-235.The building was also named the Curium Recovery Facility recovering both Cm-244and Cm-242. Other research in the lab included: pilot studies of the fluoridevolatility process (4507 cell 4), Head End unit level studies on several processesincluding: Darex, Zircex, Zirfiex, and Sulfex.The Building closed down operations in the 70s and was decontaminated in the 80s.According to risk mapping attendees \"over the years had several good sizedcontamination accidents\".Primary ExposuresPrimary exposures reported included: Plutonium, Americium, Uranium, Curium,Thorium, Tramax, Krypton, Iodine, Nitric acid, and Sulfuric acid.5.27 7012 Central Machine Shop (1953)This machine shop was reportedly a \"clean\" shop (not receiving contaminated partsor radioactive metals). In addition to machining the building housed sheet metalwork, and pipefitters. This was a High Bay facility that allowed for fairly large- scalefabrication for mock-up pilot equipment.5.28 7500 Homogeneous Reactor Experiment Building (1951)Building DescriptionHomogenous Reactor Experiment (1951 — 1954)The homogeneous reactor was called such because it combined fuel, moderator, andcoolant in one water-based solution. Homogeneous reactors had been tried earlier buthad been stopped due to technical problems including problems with corrosion. TheHRE building was completed in 1951 and achieved a one megawatt power level in\nV-26\n 1953. High-pressure steam from the reactor was fed to a turbine/generator togenerate electricity. (Genung, 1993)Homogenous Reactor Test (HRE-II) (1954 — 1961)The HRE-ll reactor was designed as a two-region homogenous reactor core. The aimwas not only to produce electrical power but also to irradiate thorium surrounding thecore to produce fissionable Uranium-233. The reactor had many technical problemsduring its short pilot period with the longest continuous running period ofapproximately 100 days achieved in 1958.Primary ExposuresPrimary exposures reported include: External radiation, neutron exposure,5.29 7503 Reactor Experiments Building (ARE) (1952 — 1957)Building DescriptionMolten Salt Reactor (1960)Based on the success of the molten-salt ANP reactor(which was a small, hightemperature reactor engine that used circulating molten uranium salts as fuel) theORNL began to further investigate the usefulness of the technology The Molten SaltReactor (MSR) was built as a thermal breeder reactor with a molten salt Uranium-235reactor surrounded with a blanket of 'fertile' (materials that can be transformed byneutron absorption to fissionable materials) Thorium-232 contained in a moltenmixture. The Thorium-232 was transformed by neutron absorption to fissionableUranium-233. The fuel for this type of reactor was Uranium-233F4 dissolved in amolten mixture (solution) of Lithium Fluoride (Li-7) and Beryllium Fluoride (BeF2).The fertile material was ThF4 dissolved in the same salt or in a separate salt of similarcomposition. (Genung, 1993, Stapleton, 1993)Primary ExposuresPrimary exposures reported include: Beryllium, uranium, thorium, external radiation,and internal radiation.5.30 7702 Tower Shielding Facility (includes TSR-i and TSR-I! reactor (1954-1993)Building DescriptionThe Tower Shielding Facility was designed to allow operating reactors to be hoistednearly 200 feet in the air to enable studies of the behavior of radiations from airborne\nV-27\n reactors without the scattering that took place on the ground. The facility had fourdifferent reactor assemblies over its period of operation.5.31 7709 Health Physics Research Reactor (HPRR) (1960 — 1987)Building DescriptionThe IIPPR was designed to be a fast burst reactor. It was a small, unmoderated,unshielded reactor that released short bursts of neutrons ideal for health physics andbiomedical research. The small HPPR, housed in the Dosimetry ApplicationsResearch Facility (DOSAR), was contained in a steel structure, aluminum sidedbuilding which is supported by a large, track mounted positioning device. Thereactor building is located in a hollow and is surrounded by hills at least 50 feet highto provide natural shielding and to prevent 'line of sight' viewing of the reactor in anydirection, The support building was located behind the hill approximately 900 feetfrom the reactor. The reactor had been operated 3000 times in the steady state modeand 1000 times in the pulse mode.5.327852Hydrofracture FacilityBuilding DescriptionThis facility was constructed as a pilot plant to demonstrate the feasibility ofpermanent disposal of liquid radioactive waste in impermeable shale formations byhydrofracture methods. This facility was used from 1964 to 1979 with a total of 26waste injections made during that time period.Primary ExposuresPrimary exposures reported included: External radiation and Internal radiation.5.33 7860 New Hydrofracture FacilityBuilding DescriptionThis facility began operations in 1982. It was designed to inject 140,000 gallons ofgrout per injection. Injections were terminated in 1984 when questions arose aboutpossible leaching to deep groundwater.5.347900High Flux Isotope Reactor (HFIR) (1961)Building DescriptionThe HFIR was a 100 megawatt flux-trap type reactor in which neutrons are 'trapped'in a five inch diameter hole in the center of the highly-enriched Uranium-235 hEIRfuel region. Targets, including Curium-244 and other transuranic radionuclides, were\nV-28\n placed in the trap region for intense thermal (moderated) neutron bombardment inorder to form transurnaic radionuclides including Berkehum-249, Californium-252,Einsteinium-253, and Fermium-257. In addition to production of transuranicradionculides, the HFIR has been used for many irradiation experiments usingfacilities that allow insertion of samples into the flux trap region, into the region ofthe beryllium reflector, and using beam tubes that allow neutrons to be beamed out toexperimental facilities outside the reactor shielding. (Genung, 1993, Stapelton, 1993)Primary ExposuresPrimary exposures reported included: External radiation, neutron exposure,transuranics,5.35 7920 Transuranium Processing Plant (TRU)Building DescriptionCame about due to the need for transuranic isotopes such as berkelium, californium,and einsteinium. The first hot processing was completed in the TRU facility (nowREDC) in November 1966. 10's to 100's or milligrams of Californium-252 wererecovered during each campaign (this material was sent to ANt andSRS). Thebuilding included 12 hot cells and 12 laboratories. The facility fabricated targets forthe HFIR and processed targets after irradiation in BIFIR to recover the isotope ofinterest Also did research on the Purex process to help determine the effectivenessof this process on very high burnup fuels. The Solvent Extraction Test facility (Purextesting) was located in Cell 5 and Tank pit 5.Primary ExposuresPrimary exposures reported included: Pu-240, Pu-242, Am-243, Cm-244 ,245,246,248, Cf-252, Bk-249, Es-253, and Fm-257, external radiation, andinternal radiation.5.367930Thorium-Uranium Recycle Facility (TURF)Building DescriptionDesigned to process fuels from advanced reactors. One process which was designedto take graphite coated microshperes from pebble bed reactors and recover fuelhowever, the process was never built. Eventually used for some transuranic work(Plutonium, Curium, and Americium). Risk mapping participants incidcated that thecells were \"generally clean\" because the facility had limited use.There was a tunnel between 7920 and 7930 with a conveyor system which the riskmapping participants indicated was highly contaminated with Curium.\nV-29\n Primary ExposuresPrimary exposures reported included: Plutonium, Curium, and Americium.5.37 ORNL Buildings at Y-12Several Y-12 Buildings were transferred to ORNL after the original work on Uraniumseparation. Some of the primary work conducted in these facilities included stableisotope production work. The ORNL buildings at Y-12 of interest with regard toworker exposure included: 9201-2 Thermonuclear (from Y-12 1951), 9201-3Reactor Design and Engineer Development (from Y-12 1950), 9204-1 ReactorExperimental Engineering (from Y-12 1950), 9204-3 Electronuclear Building (fromY-12 in 1951), 9213 Criticality Lab, 9207,9210 Biology Research Facilities (fromY-12 in 1947), 9731 Stable Isotope Separation (from Y-12 in 1951), and the 9995Lab (risk mapping participants felt that this facility had high chemical exposures).5.38 Other X-10 BuildingsOther buildings on the site which were not included in the Risk Mapping activitiesbut which may be of interest with regard to potential exposures include: Interim LowLevel Facility (907), Metallurgy Labs (2000), Health Physics Labs (2003), PhysicsLaboratory (2005), Health Physics Test Building (2007), Health Physics Low LevelAnalysis Lab (2008), Medical and Biological Building (2013), MetallurgyLaboratory Annex (2024), Instrument Shop (2506), Decontamination Laundry(2523),6.0 Y-12 Major Operations and Buildings6.1 Primary Processes in Alpha and Beta BuildingsThe Electromagnetic Separation ProcessThe initial mission of the Y-12 facility was the separation and enrichment of Uranium-235. This was done in cyclotron like equipment that operated much like a massspectrometer, using electromagnetic separation to isolate isotopes of interest. The unitswere called calutrons. The calutrons operating principals are basically as follows: atomsor groups of atoms are ionized and accelerated to a given electrical potential, theacceleration is stopped and then introduced into a magnetic field through which theymove at a velocity which is a function of their mass and charge. Ions are then collectedat locations that can be predicted on the basis of their size and charge.The calutron separation operation was done in two primary type of calutrons: Alphacalutrons and Beta calutrons. The alpha calutrons were the larger units and used for theinitital enrichment and the beta calutrons were the units used for \"topping\" or bringing aslightly enriched feed material to an enrichment suitable for the end use.\nV-30\n The electromagnetic plant itself was a major instillation. At its peak it employed 24,000(50,000 indicated in abstract of same reference) workers Eventually the plant came tocontain five alpha enrichment buildings (20% U-235) and four Beta buildings (90+% U-235). Calutrons were generally arranged in continuous, oval or rectangular,arrangements, called \"racetracks\" Each alpha track consisted of 96 calutron tanks withelectromagnets between, arranged in an oval (alpha-i) or rectangle (alpha-2). The centerarea of the alpha-i racetracks was large enough to be used as office space by a number ofstaff members The beta tracks consisted of 36 units each, in the form of an rectanglewith a large metal \"magnet keeper\" across the ends The beta units were considerablysmaller than the alpha units since they were designed as a second stage to utilize thesmaller amount of product from the alpha units as a pre-enriched feed.Each group of calutrons was used as a pilot plant for succeeding generations. The alphacalutrons were primarily in two models, the alpha-i units and alpha-2 units. The alpha-iunit had two ion sources, and the alpha-2 unit, four ion sources, permitting much greaterthroughput. These are also referred to as two and four arc machines. The beta calutronshad two ion sources.The 24,000 employees consisted of the following job groups: administrative staff,support staff, calutron operators, calutron chemical recycle operators, machinists,construction staff, and scientific research staff. It was noted that \"a small fraction ofElectromagnetic Plant staff, mostly restricted to the scientific staff, knew that the ClintonEngineer Works was producing material for use in weapons until after the actualHiroshima explosion\" (Compere, 199i)The Electromagnetic Plant Uranium-235 operations were very short lived. In late 1944the Thermal Diffusion Plant (S-SO) began supplying low level enriched feed for alphacalutron enrichment. By the summer of 1945, the Gaseous Diffusion process began to beeffective enough to gradually replace the alpha separations, resulting in the closure of thealpha stage separation in September 1945. Thermal diffusion, like alpha separations, wasalso discontinued. The Beta stage of the Electromagnetic Plant was operated as a toppingoperation for the Gaseous Diffusion Plant through the end of 1946. In December of 1946all enrichment was moved to the Gaseous jn P1ant and all the calutron operationswere closed with the exception of one track of 36 beta calutrons and the two experimentalcalutrons (XAX and XBX in Building 9731). (Compere, 1991)Uranium recovery from CalutronsEnriched uranium salvage and recycle chemistry was essentially a small batch operation,for reasons of criticality. Operations were divided into several phases, which includedcalutron dismantling and washing, calutron component salvage, housekeeping salvage,uranium purification, chlorination, and hexafluoride conversion.In alpha recycle, peroxide precipitation, followed by filtration, was the major method ofpurification In the calutron process for uranium enrichment, at best only 20% of thecharge material reached the receiver; the rest of the ionized uranium halide vapor had to\nV-31\n be recovered from wherever it settled and condensed in whatever chemical form iteventually took.The calutron liner (\"L\" unit), ion source (\"M\" unit), and receiver (\"E\" unit) contained avariety of uranium compounds, including tetrachloride, oxychloride, carbides and oxides,as well as the metal. These materials were in the forms of loose powder, hard surfacedeposits, and deposits in relatively inaccessible areas, such as filament holders andporous graphite surfaces. Operations to recover uranium from the liner included vacuumcleaning and concentrated nitric acid leaching along with physical methods (brushing,grinding, scraping, etc.) and high velocity high volume spray washing. The nitratesolutions generated from these collection operations together with salvage andreclamation from laundry, plant cleanup operations, and floor drains, were a significanturanium stream. Compere, et al note that \"Laundry pre-washing was an importanturanium salvage operation\". (Compere, 1991)Uranium Concentration and PurificationA variety of processes were used to purify and concentrate the material recovered fromthe calutron process so that it could be oxidized, chlorinated, and returned to thecalutrons. Almost all operations were batch or semi-batch due to concerns overcriticality. This did, however, allow continuous modification of the chemical purificationmethods. Generally the methods were as follows: evaporation, extraction preparation,solvent extraction (solvents included ether and dibutoxy-diethylene glycol — 'carbitol'),peroxide precipitation, calcinations, reduction to the U+4 valence state using alcoholvapor, and chlorination with carbon tetrachloride. At the end of the chlorination stage thecarbon tetrachioride was turned off and nitrogen was passed through the reaction vesselto purge the phosgene. The workforce and primary chemical exposures for variousprocesses are identified within the table below. (Compere, 1991)\nV-32\n Workforce for Uranium Concentration and PurificationProcessAvg. # ofWorkersPrimary Chemical Exposures\nUF6 Feed7Ammonium Hydroxide, Aluminum Nitrate, HydrogenPeroxide, Aerosol OT, UraniumRecycle OxidePreparation20Lime, Nitric Acid, Hydrogen Peroxide\nChlorination38Alcohol, Carbon Tetrachioride, Sodium HydroxideCleaningOperationsNitric Acid, Steam\nSolutionProcessing56Hydrogen Peroxide, Lime, Nitric Acid\nCarbon Burningand Furnacing15Heat\nUraniumLeaching30Nitric Acid\nHF Treatment9HF, Aluminum Nitrate, Nitric Acid,Laundry7Sodium Carbonate, Hydrogen Peroxide,Evaporation6Extraction23Lime, Nitric Acid, Aluminum Nitrate, Carbitol,IsotopeSeparation34\nNitratePreparation18Nitric Acid\nOxidePreparation54Ammonium Hydroxide, Aluminum Nitrate, Nitric Acid,Hydrogen Peroxide,SalvageProcessing13Nitric Acid\nHydrofluorination18HF, Hydrogen,\nV-33\n Lithium Separation OperationsThe separation of lithium isotopes on an industrial scale is based on the fact that, undercertain conditions, the Li-6 isotope will dissolve more readily in mercury than will the Li-7 isotope Lithium dissolved in mercury solvent is referred to as the lithium amalgamand will remain in a stable state in contact with an aqueous solution only if an electriccurrent is applied to the mixture If this current is removed, the amalgam will decomposeand the lithium will react with the water.If lithium amalgam is allowed to flow in contact with a fluid containing another lithiumcompound, the Li-6 atoms will migrate to the amalgam and the Li-7 atoms to the lithiumcompound in the fluid. This is \"two phase, countercurrent, liquid-liquid exchange\". Themost productive compound and fluid used in this isotope separation process is lithiumhydroxide dissolved in water.In the lithium separation plant, the cascade section provided for countercurrent flow andintimate contact between the aqueous lithium hydroxide and lithium amalgam. Twodistinct types of cascade systems were used at the Y-12 plant, the Elex process and theColex process. The Elex process was the first lithium separation process used on aproduction scale (Building 9204-4 — Beta4). This was followed by the Colex processwhich was conducted in 9201-4 (Alpha-4) and 9201-5 (Alpha-5). The production periodtook place between August 1953 and May 1963.The Alpha 5 Colex process incorporated vertical columns, replacing the horizontal traysof the Elex system. The Li-6 isotope migrated in the direction of the amalgam flow, andthe Li-7 isotope migrated with the aqueous flow. The Alpha-4 Colex plant was broughton-line in June 1955, soon after the Alpha-S Colex plant.Some work was done by the ORNL in 195 1-1952 on an organic solvent (DPA) to takethe place of water. This was known as the organic exchange (OREX) process. This wasnot pursued past the pilot phase. The Orex pilot plant, Building 9733-1 was located at Y-12 but operated by ORNL during 1951 and 1952. Building 9202 was also used as a pilotplant for the Orex process in 1953 — 1954.(Reference: Mercury at Y-12: A study ofMercury use at the Y-12 Plant, Accountability, and Impacts on Y-12 Workers and theEnvironment —1950to 1983, The 1983 Mercury Task Force, August, 18, 1983, Y/EX-24.)Subsequent to separation the lithium was taken through several fabrication steps toproduce the desired product.Primary buildings for lithium separation included: Beta-4 (Elex process, 1955-1956),Alpha-S (Colex, 1955-1959), Alpha-4 (Colex, 1955-1962), 9733-1 (Orex, 1951-1952),9733-2 (Elex, 1950-195 1), 9202 (Orex Pilot Plant, 1953-1954), Alpha-2 (Elex and ColexPilot plants, 195 1-1955) Two other important support buildings were 9720-26 (MercuryWharehouse) and 8 1-10 (Roasting Furnace — forrecovery of mercury). (Mercury TaskForce, 1983(a), 1983(b)\nV-34\n Beryllium OperationsBeryllium machining took place in several buildings over time at the Y-12 facility. Twoof the primary buildings that included a great deal of beryllium machining were Alpha-Sand building 9766. Other buildings which have been identified as either being berylliumcontrolled areas or areas with beryllium storage or contamination include: Alpha-i,Alpha-3, 9202, 9733-2, 9215 Third Mill, Beta-4, 9995, and 9998. (DOE, 1973)According to a 1952 trade journal, 'the material ordinarily processed was hot-pressedQMV beryllium. Castings were received rough machined with excess stock on planesurfaces. Operations included surfacing, grooving, deep-hole drilling, facing, andboring.' (Case, 1955)The 1952 trade journal also indicated that the IH monitoring included 'twelve permanentair samplers were installed, one in the locker room, seven in the machining area, one inthe room housing the work-pieces, one in the tool-grinding area, and two in the filterhouse on the influent and effluent sides of the finishing filter.' (Case, 1955) An annualHP program report (Patterson, 1957) also outlines the air sampling and wipe samplingperformed on a routine basis in Building 9766.6.2 9201-1 Alpha 1Building DescriptionThe primary processes conducted in the Alpha 1 Building included Track 1 and 2, Alpha-1 Calutron operations. Calutron operations are detailed in the above section. After thecalutron operations were terminated the building was converted into a machine and tooldesign shop.Primary ExposuresPrimary exposures reported included: Enriched uranium, EIVIF, graphite, beryllium,external radiation, chlorinated solvents, machining fluids, mercury, and welding fumes.6.3 9201-2 Alpha 2Building DescriptionThe primary processes conducted in the Alpha 2 Building included Track 3 and 4, Alpha-1 Calutron operations. Calutron operations are detailed in the above section. The Alpha-2 building housed the pilot plant facilities for the Colex and Elex processes between 1951to 1955.\nV-35\n Primary ExposuresPrimary exposures reported included: EU, EMF, external radiation, mercury, HF,alcohol, and PCBs.Participants reported that sulfur was used in the basement to keep down the mercury.6.4 9201-3 Alpha 3Building DescriptionThe primary processes conducted in the Alpha-3 Building included Track 5, Alpha-i/SCalutron operations. This building also was used for research on the Aircraft NuclearPropulsion (ANP) program.Primary ExposuresPrimary exposures reported included: EU, EMF, mercury and beryllium.6.59201-4Alpha 4Building DescriptionThe primary processes conducted in the Alpha-4 Building included Track 6 and 7, Alpha-2 Calutron operations. The Alpha-4 building also housed the Colex production processfrom 1955 through 1962.Primary ExposuresThe primary exposures reported included: EU, EMF, Mercury, Alcohol, asbestos, andexternal radiation.Risk mapping participants reported that this building was among the worst areas formercury exposures indicating that \"you would even see it on the roof'.6.69201-5Alpha 5(E,N, W wings)Building DescriptionThe primary processes conducted in the Alpha-S Building included Track 8 and 9, Alpha-2 Calutron operations. This facility later housed enriched uranium processing andweapons parts fabrication (including beryllium, lithium, and thorium parts).The enriched uranium operations included: 1) reduction of UF6 to UF4, 2) reduction ofUF4 to metal, 3) casting or forging, 4) rolling and forming in mill operations, 5)machining of metals, 6) wet chemistry purification, recycle, and salvage, and 7) UF4\nV-36\n extraction. Enriched uranium from retired weapons was recovered, usually remelted inan induction furnace, made into a casted part and sent to machining Sometimes,however, the material was cast into long semi-cylindrical or cylindrical shapes and sent toa rolling/pressing mill and then on to a machining shop to be turned and cut to the desireddesign specifications.The 920 1-5 Machine Shop among other materials machined DU, EU, and Beryllium.This building also had a plating shop. The machine shop had four bays (A-D) andparticipants estimated that there were more than 100 machining toolsAccording to Risk mapping participants, 9201-SN had an incinerator in which much ofthe cyanide waste from plating operations was burned.Primary ExposuresPrimary exposures reported included: Beryllium, Thorium, Mercury, Lithium, EU, EMF,cyanide, copper, nickel, cadmium, chrome, NaK, alcohol, mineral oil, heat, uranium,plutonium, freon, perchioroethylene, TCE, noise, lead, Nitric Acid, Sulfuric Acid, AquaRegia, and asbestos.Participants mentioned that machinists were required to eat at their machines through the1980s. They also mentioned that it was very common to have 'chip' fires frommachining uranium and they would just put the fire out (some mentioned usingperchloroethylene to extinguish the fire) and continue to work. The A-wing wasmentioned as the worst area because the low ceilings would not allow for as effectiveventilation.Participants also mentioned that several people in the plating shop had \"cyanidepoisoning\" and that operators would often have their \"eyes swell shut\" from workingover the plating tanks.6.7 9202 Chemical Building or Development LabBuilding DescriptionThe starting material for the uranium enrichment process was natural uranium in the formof U03. The U03 was converted to UC14 which was then loaded into charge bottles andsent to the calutrons for electromagnetic separation. These buildings (9202, 9203, and9205) were also used for processing the recycled material. This initial processing usedlarge quantities of carbon tetrachlonde and tons of natural uranium Building 9202 alsoworked on development of the Orex process and included other beryllium operations(machining and processing).\nV-37\n Primary ExposuresThe primary exposures reported included: uranium, carbon tetrachioride, mercury,beryllium, and perchioroethylene.6.8 9203 LaboratoryBuilding DescriptionThe starting material for the uranium enrichment process was natural uranium in the formof U03. The U03 was converted to UCI4 which was then loaded into charge bottles andsent to the calutrons for electromagnetic separation These buildings (9202, 9203, and9205) were also used for processing the recycled material. This initial processing usedlarge quantities of carbon tetrachioride and tons of natural uranium. Other operationsincluded: Uranium-235 analysis (mass spec), control analyses, and initial productprocessing.Primary ExposuresThe primary exposures reported included: Uranium, Carbon Tetrachloride, mercury,beryllium, and Perchloroethylene.6.9 9204-1 Beta 1Building DescriptionThe primary processes conducted in the Beta-i Building included Track 1 and 2, BetaCalutron operations.Primary ExposuresPrimary Exposures reported included: external radiation, internal radiation and beryllium.6.10 9204-2 Beta 2Building DescriptionThe primary processes conducted in the Beta-2 Building included Track 3 and 4, BetaCalutron operations This facility also housed enriched uranium processing and weaponsparts fabrication (including beryllium, lithium, and thorium parts).The enriched uranium operations included: 1) reduction of UF6 to UF4, 2) reduction ofUF4 to metal, 3) casting or forging, 4) rolling and forming in mill operations, 5)machining of metals, 6) wet chemistry purification, recycle, and salvage, and 7) UF4extraction.Enriched uranium from retired weapons was recovered, usually remelted inan induction furnace, made into a casted part and sent to machining. Sometimes,\nV-38\n however, the material was cast into long semi-cylindrical or cylindrical shapes and sent toa rolling/pressing mill and then on to a machining shop to be turned and cut to the desireddesign specifications.Primary ExposuresPrimary exposures reported included external radiation, internal radiation, berylliumalloy, HEU, Nitric Acid, Mercury, alcohol, and PCBs.A 1955 air sampling memorandum for the Beta-2 building indicates elevated levels ofalloy with the maximum values of 2,000 — 6,000ug A1loy/m''3 in the Evaporator area,the Bird Bath area, and the Knock Out area. The plant maximum permissible level wasset at 35ug/mA3 basedreportedly on 'comfort level' rather than toxicity.Risk mapping participants mentioned this building as an area that caused strong lungirritation and sometimes frequent sneezing. Also, frequently had skin bums fromworking in this building.6.11 9204-2E Beta 2 EastBuilding DescriptionThis facility housed enriched uranium processing and weapons parts fabrication(including beryllium, lithium, and thorium parts) and assembly and disassembly work.The enriched uranium operations included: 1) reduction of UF6 toTJF4,2)reduction ofUF4tometal, 3) casting or forging, 4) rolling and forming in mill operations, 5)machining of metals, 6) wet chemistry purification, recycle, and salvage, and 7) UF4extraction.Enriched uranium from retired weapons was recovered, usually remelted inan induction furnace, made into a casted part and sent to machining. Sometimes,however, the material was cast into long semi-cylindrical or cylindrical shapes and sent toa rolling/pressing mill and then on to a machining shop to be turned and cut to the desireddesign specifications.Primary ExposuresPrimary exposures reported included: beryllium and HEU.6.12 9204-3 Beta 3Building DescriptionThe primary processes conducted in the Beta-3 uilding included Track 5 and6, BetaCalutron operations. The building also conducted laboratory operations and plutoniumseparation work.\nV-39\n Primary ExposuresPrimary exposures reported included: EU, external radiation, polonium and plutonium.6.13 9204-4 Beta 4Building DescriptionThe primary processes conducted in the Beta-4 Building included Track 7 and 8, BetaCalutron operations. Beta 4 housed the Elex pilot plant in 1955-1956. Other operationsconducted in this building included: Depleted Uranium Forming, Thorium operations,plating, lead arc melting, forging, rolling, and milling and machining.Primary ExposuresPrimary exposures reported included: external radiation, internal radiation, EU, Mercury,lithium, beryllium, lead, boric acid, stainless steel, Nitric Acid, Sulfuric acid, SodiumHydroxide, Nickel Sulfamate, Cadmium, and copper.6.14 9205 LabBuilding DescriptionThe starting material for the uranium enrichment process was natural uranium in the formof U03. The U03 was converted to UC14 which was then loaded into charge bottles andsent to the calutrons for electromagnetic separation. These buildings (9202, 9203, and9205) were also used for processing the recycled material. This initial processing usedlarge quantities of carbon tetrachloride and tons of natural uranium. This facility alsoconducted Uranium isotope analysis and Beryllium oxide machining.Primary ExposuresPrimary exposures reported included: Uranium, Carbon Tetrachioride, mercury,beryllium, and Perchioroethylene.6.15 9206 HEU Chemical OperationsBuilding DescriptionThis facility was used for Beta chemical recycle and product processing in support of thecalutron operations. This facility housed enriched uranium processing and weapons partsfabrication (including beryllium, lithium, and thorium parts).The enriched uranium operations included: 1) reduction of UF6 to UF4, 2)reduction ofUF4 to metal, 3) casting or forging, 4) rolling and forming in mill operations, 5)machiningof metals, 6) wet chemistry purification, recycle, and salvage, and 7) UF4\nV-40\n extraction. Enriched uranium from retired weapons was recovered, usually remelted inan induction furnace, made into a casted part and sent to machining. Sometimes,however, the material was cast into long semi-cylindrical or cylindrical shapes and sent toa rolling/pressing mill and then on to a machining shop to be turned and cut to the desireddesign specifications.Enriched Uranium recovery, purification and recycle operations were performedprimarily in buildings 9206 and 9212. These operations consisted of the following: 1)burning combustibles, 2) dissolving and leaching solids, and 3) purifying the uraniumbearing solutions by chemical extraction. Generally, purified uranyl nitrate hexahydrate(UNH) solutions were produced from these operations and then denitrated to uraniumtrioxide (U03), which was then reduced to uranium dioxide (U02). The U02 was thenconverted to uranium tetrafluoride (UF4) by reaction with gaseous anhydrous hydrogenfluoride. The UF4 was then reduced under high temperatures to yield uranium metal,which was cast into the desired form.Recycled highly enriched uranium (contaminated with fission products and transuranics)was received from Savannah River, INEEL ICPP and Hanford and processed in buildings9212 and 9206. Receipt of this material occurred as early as 1953. (DOE, 2001)Primary ExposuresPrimary exposures reported included: external radiation, beryllium, EU, and uraniummetal alloys6.16 9207 Shops, 9208 Maintenance, 9210, 9211, 9220, 9224, and 9769Building DescriptionAll of these buildings were former ORNL Biology lab buildings.Primary ExposuresPrimary exposures reported included: Radiation, lead, PCBs, beryllium and asbestos.6.17 9212 HEU Chemical and Metallurgical BuildingBuilding DescriptionThis building was used for the calutron operations Beta Product Processing. This facilityhoused enriched uranium processing and weapons parts fabrication (including beryllium,lithium, and thorium parts).The enriched uranium operations included: 1) reduction of UF6 to 1JF4, 2) reduction ofUF4 to metal, 3) casting or forging, 4) rolling and forming in mill operations, 5)machiningof metals, 6) wet chemistry punfication, recycle, and salvage, and 7) UF4\nV-41\n extraction. Enriched uranium from retired weapons was recovered, usually remelted inan induction furnace, made into a casted part and sent to machining Sometimes,however, the material was cast into long semi-cylindrical or cylindrical shapes and sent toa rolling/pressing mill and then on to a machining shop to be turned and cut to the desireddesign specifications.Enriched Uranium recovery, purification and recycle operations were performedprimarily in buildings 9206 and 9212. These operations consisted of the following: 1)burning combustibles, 2) dissolving and leaching solids, and 3) purifying the uraniumbearing solutions by chemical extraction. Generally, purified uranyl nitrate hexahydrate(UNH) solutions were produced from these operations and then denitrated to uraniumtrioxide (U03), which was then reduced to uranium dioxide (U02). The U02 was thenconverted to uranium tetrafluoride (UF4) byreaction with gaseous anhydrous hydrogenfluoride. The TJF4wasthen reduced under high temperatures to yield uranium metal,which was cast into the desired form.Recycled highly enriched uranium (contaminated with fission products and transuranics)was received from Savannah River, INEEL ICPP and Hanford and processed in buildings9212 and 9206. Receipt of this material occurred as early as 1953. (ref: Y-12 MassBalance Report)In 1958 an accidental nuclear fission excursion occurred in Building 9212 due to a 93%enriched uranium solution being pumped into a nuclear \"un-safe\" container. (ChemRisk,196) This incident resulted in a spike in the external radiation data for that year dueprimarily to exposures of approximately 300 rad to 5 individuals and less than 100 rad to3 individuals. (Dixon, 1959, McLendon, 1959, Hurst, 1959, Andrews, 1959)Primary ExposuresPrimary exposures reported included: Uranium, U-238, EU, HEU, UF4, Externalradiation, internal radiation, perchloroethylene, graphite, cadmium, tungsten, magnesium,alcohol, trimsol, noise, fuming nitric acid, sodium hydroxide, lithium, neutron exposures,freon and DAG.6.18 9215 HEU Metal Forming and Machine ShopsBuilding DescriptionThis facility housed enriched uranium processing and weapons parts fabrication(including beryllium, lithium, and thorium parts).The enriched uranium operations included: 1) reduction of UF6 to UF4, 2) reduction ofUF4 to metal, 3) casting or forging, 4) rolling and forming in mill operations, 5)machining of metals, 6) wet chemistry purification, recycle, and salvage, and 7) UF4extraction. Enriched uranium from retired weapons was recovered, usually remelted inan induction furnace, made into a casted part and sent to machining. Sometimes,\nV-42\n however, the material was cast into long semi-cylindrical or cylindrical shapes and sent toa rolling/pressing mill and then on to a machining shop to be turned and cut to the desireddesign specifications.Building 9215 had the following primary operational areas: M-Wing, 0-Wing, P-Wing,M-Wing Blister Area, H2 Machine Shop (Building 9998 — connectedwith 9215),Metallurgical Lab, and the Third Mill.The 0-Wing included Salt Baths, Oil Baths and Lead Baths that were used to heat upuranium materials so that they could be rolled. The Salt Baths contained PotassiumCarbonate, Lithium, and Sodium Hydroxide and were operated at high temperatures. TheOil Baths used DAG, Perchloroethylene, and Freon as lubricants and the process wasused for hydroforming. The Lead Baths (80% Lead and 20% Bismuth) were used forslow heat-treating (\"aging\"). The material came to the 0-Wing out of the casting furnace(9212 E Wing Furnace) and at the 0-Wing that would form into a billet (using the baths)and roll into a plate. Risk Mapping participants identified the 0-Wing as the most highlycontaminated are within 9215.Primary ExposuresPrimary exposures reported included: Uranium (enriched and depleted), uranium alloys,black oxide (U308), plutonium, perchloroethylene, ethylene glycol, beryllium, TCE,Lead, asbestos, heat, noise, PCBs, lithium, DAG, freon, acetone, alcohol, dykam, carbontetrachloride, lead, aluminum, fiberglass, and noise.Risk Mapping participants mentioned that there were a lot of skin rash problems in M-Wing and 0-Wing and that prior to 1990 there was \"no industrial hygiene or healthphysics\". They also mentioned that uranium \"chip\" fires were very common and that youwould just \"hold your breath and put them out\".6.19 9401-2 Plating ShopBuilding DescriptionThis building was reportedly a plate shop that was formerly the steam plant. Thebuilding became a plating shop in the late SOs or early 60s. Risk mapping participantsalso indicated that they did a fair amount of \"Work for Others\" in this building includingwork from University of California, X-10, K-25 Barrier Plant.Primary ExposuresPrimary exposures reported included: Uranium, Black Oxide (U02),Nickel, Cyanide,copper, gold, chromium, sulfuric acid, HF, Nitric acid, Sulfuric acid, HC1, Allodine, heatand coal dust, fly ash and phosphates during steam plant operations.\nV-43\n 6.20 9766 Machine ShopBuilding DescriptionMachining operations including beryllium machining.Primary ExposuresPrimary exposures reported included: Beryllium, thorium, radiation and asbestos.Health and Safety quarterly reports from 1953-1956 indicate that building 9766 wasregularly sampled for airborne beryllium.6.21 9733 Stable Isotope Production Facility (1945 — 1990)Building DescriptionOriginally this building housed both alpha and beta calutron operations. After thedecision was made to abandon use of most of the early calutron tracks in 1945, theremaining staff turned their focus on using a pilot facility with both alpha and betacalutrons for stable isotope separation and enrichment research. By 1950, 173 isotopes of43 elements had been collected. Each year the range and purity of isotopes separated wasincreased as chemical techniques and equipment improved. (Compere, 1991)Stable isotope runs were primarily on the XAX and the XBX calutrons. Other unitswhich were used included TR-1 thru TR-6 and SG-1 thru SG-4 which we believe werethe beta calutrons in building 9204-3.This building also was used for the Orex pilot process development (9733-1 in 195 1-1952) and the Elex process (9733-2 in 1950-1951).Primary ExposuresPrimary exposures reported included: External radiation, internal radiation, mercury,uranium, lithium, and various stable isotopes.6.22 9996 ManufacturingBuilding DescriptionThis building had crucible machining operations which by the mid 60s were moved to theAlpha-i facility.\nV-44\n Primary ExposuresPrimary exposures reported included: Uranium, U-2386.23 9998 DU Metal OperationsBuilding DescriptionThis building was connected to the building 9212. It included the H-2 Machine Shop, theH-i Foundry and Maintenance shops. The building provided maintenance and machiningsupport for building 9212. The H-2 Machine shop and M-Wing Shop were renovated in1988. The facility also did carbon foam and epoxy production operations.Primary ExposuresPrimary exposures reported included: Black Oxide (UO2), DU, Stainless steel, andUranium with metal alloys, beryllium, and epoxy.7.0 DISCUSSION OF PRIMARY EXPOSURES7.1 RadiationMonitoring Policies at the FacilitiesHistorically, the main purpose of the radiation monitoring programs has been to assurethat each worker's exposure to radiation was kept below the current annual prescribedoccupational exposure limit. Because of this aim, data collection in the early years wasvery limited for workers who were considered to have low potential for exposure. Also,at the time of this report, limited information is available concerning the rationale used todecide which workers to monitor, implementation of these decisions, and the methodsused for assessing reliability, variability, and lower limits of detection. At each facilitythe radiation safety personnel were responsible for the monitoring program, making theprograms essentially independent of each other.Because internal monitoring programs were begun in 1951 by ORNL and in 1950 by Y-12 the definition of \"not monitored\" varies by plant and by year. By the early 1950s aworker who was not monitored for internal exposure was judged to have low potential forexposure. Because of policies in effect, external monitoring data are available for mostworkers from Y-12 only since 1961. ORNL began monitoring for external radiation in1943. (Watkins, 1993)External Radiation ExposureBefore November 1951 only those workers entering areas of potential external radiationexposure were monitored for external dose. In 1947 all workers entering a radiation areamore than three times a week were assigned permanent film badges, but by 1949\nV-45\n permanent film badges were issued to all workers entering these restricted areas at leastonce a week In November of 1951 all workers entering the main X-10 areawererequired to have a film badge, and by September of 1953 the film badge and securitybadge needed for entry were combined into one (Watkins, 1993). Risk mappingparticipants reported that they would often do work using a self reading dosimeter (SRD)and would not wear their film badge They mentioned that the SRD readings wererecorded in HP logs but they were not sure if this information was included in theirpersonal dose record. (Risk Mapping Interviews, 2003)According to site records X-10 used only daily SRDs from 1943 until about 1945, in1945 they began to use weekly film badges until the late SOs when they changed toquarterly film badges and in about 1975 they began to use either quarterly or annualTLDs. At the Y-12 facility they also started with SRDs and in about 1950 they began touse weekly film badges, in about 1959-1960 they used monthly film badges and after1960 until about 1980 they used quarterly film badges. After 1980 they used eitherquarterly or annual TLDs. From 1961-1974 badges for low potential exposure work werenot always read, rather a sample of the badges issued would be read to verify that theareas were being properly defined. For early film badges the minimum detectable dosewas approximately 25 mrem. The sensitivity of film badges in later years was improvedover that of earlier years. (Watkins, 1993)After extensive error checking procedures, annual external doses were calculated bysumming all credible gamma and neutron film badge readings taken during the year.Because of the variability in dosimeter types, reading frequencies, and monitoringpolicies over time and facilities, annual doses obtained from the simple summing ofreadings during the year may not be comparable at all times, and a recorded dose may notalways accurately represent the true amount of a worker's radiation exposure. A summaryof the recorded annual doses by year and by department is included in Appendix F. Thisappendix contains a compilation of dose data from three sources: H&S reports, CEDRCER data files, and CEDR Mortality study data files. The mortality study data filesincluded some extrapolation of doses for times when data was missing and therefore theresults are different than the other data sets. A summary of the external dose data (annualdoses greater than 500 mrem) versus department is included in Appendix B.\nInternal Radiation Exposure\nFilm badges measure external exposure over a given period of time; monitoring forinternal exposure is performed at specific points in time; therefore, the results areestimates of the body or organ burden at the time of measurement. The primary methodsof internal monitoring used were urinalysis and in vivo gamma spectrometry, but fecalanalysis was also performed in some instances. The dosimetry associated with analysis ofurine for radioisotopes of concern depends on relating the amount of an isotope in areference volume of urine to the amount contained in the body or in specific organs. Therelationship between these two amounts is affected by many variables, such as the\nV-46\n radioisotope, time since exposure, the chemical and physical form of the isotope, andbiological variation among individuals.In general, workers were monitored only if they worked in locations or administrativegroups that were judged by supervisors or radiation safety organizations to have internalexposure potential. Periodically, after about 1950 individuals from the unmonitoredworkers were randomly selected and monitored by ORNL to confirm that unmonitoredworkers were indeed unexposed to internal radiation. The policy at Y-12 was to increasemonitonng frequency as internal exposure potential increased (Watkins, 1993, Patterson,1957, West, 1977)Workers at TEC had a high potential for internal contamination because of the processperformed at the facility. However, personal monitoring data were not available becauseno bioassay or whole body counting programs were established when it was in operation.Review of External and Internal Data from Databases and HP ReportsThere is an increasing trend in external doses at ORNL until the late 1950s and a steadydecrease afterwards, while at Y-12 there is greater variability in the total recorded annualexternal dose. The Y-12 peak in 1958 is due to a criticality accident involving eightworkers and does not represent a general increase in external dose. (Appendix F)The percentage of individuals monitored for external exposures at X-10 remained atabout 85-90% from 1950-1985 while the percentage at Y-12 was at about 20% until 1960when it was raised to 85-90% Generally the percentage of workers monitored forinternal exposures was between 20- 40% each year with the highest percentages for bothplants occurring around 1963-1965.A summary of the annual radiation dose ranges for the X-10 site is included in AppendixF. It is interesting to note that in 1960 there is a sharp drop off in the number ofindividuals with annual doses in excess of 2 rem and also a sharp increase in the numberof individuals being monitored.A 1958 HP report indicated that of the 10 highest cumulative dose due to penetratingradiation 9 individuals were from the Radioisotope Production Division The cumulativedoses were received over 7 — 15years and ranged from 42.5 — 64.8rem. (Hart, 1958)HP risk mapping participants thought that the worst areas for internal exposures wouldhave been Buildings 3038, 3517 and 3019.Recorded external doses at Y-12 were generally lower than doses at X-10. The onlysignificant internal monitoring was uranium urinalysis and in-vivo testing (uranium-235and thorium). Over the years it was assumed that monitoring for uranium would besatisfactory as a surrogate measure of other contaminants in the uranium (i.e.,transuranics (such as neptunium and plutonium) or fission products in recycled fuel).Data was unavailable to determine whether there were processes or areas where these\nV-47\n transuranics may have concentrated and therefore been a greater potential hazard.Additionally, a recent report discussing the current Y-12 Internal dose program(Eckerman, 1999) stated that \"following the recent restart of operations at the Y-12 Plant,the Radiological Control Organization (RCO) observed that the enriched uraniumexposures appeared to involve insoluble rather than soluble uranium that presumablycharacterized most earlier Y-12 operations.\" Based on this finding the bioassay programwas modified, particularly specifying the need for routine fecal sampling. This raisesquestions with regard to potential missed doses.7.2 BerylliumData from the Y-12 Beryllium Worker Enhanced Medical Surveillance Program, fundedby DOE, indicated that the buildings associated with CBD cases or sensitized workersincluded: Alpha-5, 9202, Butler Building, Beta-4, Beta-2, 9212, 9766, 9995 and 9998.(Bingham, 1997)Additionally, a 1973 Y-12 document (DOE, 1973) identified Alpha-5, Alpha-3, 9202,and 9995 as \"Beryllium Control Areas\". Additionally, H&S summary reports from 1953-1960 indicate that Beryllium air sampling was frequently conducted in Building 9766 andto a less extent in Building 9212 (Appendix D).A broad based approach to defining the group potentially exposed to beryllium isrecommended since published data (Newman 1989, Kreiss 1996) demonstrate that whilethere are job related and exposure related elevated risks for chronic beryllium disease(CBD), individuals with low-level exposure can be affected For this reason a two-tieredapproach is recommended based on exposure groupings.7.3 MercuryThe mercury concentration in the workplace air was monitored frequently at the Y-12facility (In 1956, over 200,000 air readings were taken — seeAppendix D). In the 1955cascade start-up, many readings of mercury concentrations in the workplace air werehigher than the 0.1 mg/m\"3 then recommended (current recommendation is 0.05mg/mt3). A urinalysis program started in 1953 was expanded to provide a check on theworker mercury exposures. During 1955 and into 1956 approximately 200 — 300workershad readings that exceeded the 0.3 mg/liter of urine recommended limit. When aworkers' urinary mercury remained elevated for several specimens the workers were re-assigned. Approximately 70 workers were involved in temporary re-assignments of thisnature. In addition to the air sampling and urine program, there was a special medicalsurveillance program involving clinical examinations of mercury workers beingperformed every six months, Persons with a history of albumin uria, kidney problems, orhypertension were screened out and not allowed to work with mercury. (Mercury TaskForce, 1983(a), 1983(b))During the latter part of the Colex start-up during 1955, AEC and Y-12 managementundertook a crash program to bring the workplace mercury vapor levels down toacceptable levels. Air sampling results seem to suggest that airborne concentrations were\nV-48\n reduced after 1955 as is indicated by the drop in the percentage of air samples in excessof the 0.1 mglm\"3limit(see Appendix D).A Y-12 1977 report, Mercury Inventory at Y-12 Plant, 1950 through 1977, indicated that2.4 million pounds of mercury has been 'lost' or 'unaccounted for'. (Mercury TaskForce, 1983(a), 1983(b))A Emory University study conducted in 199x as a follow-up to University of Michiganstudy of the mercury workers at Y-12 showed that 'neurological effects of relativelyheavy exposure were still detectable more than 30 years after cessation of that exposure'.The study concluded that the exposure measure with the strongest association with theoutcome was cumulative exposure (cases were selected by cumulative exposure of >=2000ugHg/liter-quareter or a one time urine value of greater than 600 ugHg/liter). Thedepartment numbers identified as \"High Exposure Potential\" in the NIOSH reportincluded: 2025, 2026, 2681, 2682, 2683, 2685, and 2690. (Emory University)Priority buildings (buildings where frequent sampling for mercury was conducted and/ora high percentage of samples were identified in excess of the site MPC levels), based oncompany lB records (Appendix D), include: Beta-4, Alpha-2, 9202, Alpha-5 and Alpha-4. According to a 1957 Health Physics Program Report (Y-1186) (Patterson, 1957) \"aroutine mercury vapor sampling program is maintained in buildings 9201-2, 9201-4,9201-5, 81-10, and 9204-2; buildings in which a potentially serious mercury vaporproblem may exist\". During 1955 through 1956 the percent of mercury urine sampleswhich exceeded the MPC (0 3mg/m\"3) rangedfrom 10% to 30% A further breakdownof this data indicates that Machinists were exposed to the highest levels while chemicaloperators were lower and electrician still lower than that. TheMachinists reportedconcentrations ranged from 0.5 to0.3 mgHg/liter, the chemical operators ranged from0.46 to 0.3, and fially the reported concentrations related to Electricians exposures rangedfrom 0.12 to 0.2 ugHg/liter. (Mercury Task Force, 1983(a), 1983(b)At X-10, Building 4501 housed the Orex pilot project and during risk mapping sessionswas reported to have had a lot of mercury. Other uses of mercury at the X-10 site appearto be on a smaller scale (instruments, labs, etc.). It should however, be pointed out thatmany X-10 workersbegan working at the Y-12 site (as X-10 employees) after thecalutron operations were shut down.7.4 CausticsNitric acid and Hydrofluoric acid were used extensively in isotope separation andpurification operations. Specifically buildings 3019, 9212, 9215, 3505, Alpha-5, 9203,9206, 9929, and 9401-2 were involved in uranium or other isotope recovery, processing,separation or purification. Steps within these processes involved many caustic materialsincluding two of the primary acids used, Hydrofluoric acid and Nitric acid (in some casesfuming nitric acid).\nV-49\n H&S summary reports indicate that air sampling for lithium was conducted at the Y-12site Risk mapping participants mentioned that lithium at the site caused strong lungimtation and sometimes frequent sneezing Also, frequently had skin burns fromworking with this material.Additionally, Tetramethyl ammonium borohydrate (TMAB) was present at the Y-12 siteand is, according to toxicology references (Holland) a strong irritant and is considered tohave similar toxic properties as other boron compounds.7.5SolventsChlorinated solvents were used extensively at both the Y-12 and X-1O facilities over thehistory of the sites. Generally the use of carbon tetrachloride was only prevalent duringthe early years of operation. TCE and perchloroethylene were used extensivelythroughout the history of the sites. The areas where potential exposures were thegreatest included the pilot separation or processing buildings and the machine shops.Participants in the nsk mapping sessions indicated that the machinists would \"use perc toput out chip fires while machining uranium\". They indicated they would 'use it foreverything'.In addition to the common chlorinated solvents mentioned above and used for cleaningand degreasing, acetonitrile was used at the Y-12 site.7.6 NoiseNoise exposure was reported as a problem associated with production operations at boththe X-1O and Y-12 sites. The type of operations conducted at the sites over the history(e.g. separations operations, calutrons, lithium separation operations, machining) wouldbe consistent with elevated noise exposures. Risk mapping participants also indicatedthat hearing protection requirements, or the adherence to the requirements, was fairly laxin the early years.7.7AsbestosAs in many of the DOE facilities, asbestos use was prevalent at both X-1O and Y-12.Asbestos was common in all building materials and additionally other uses includingasbestos blankets, asbestos covering on piping, and asbestos gloves were reported;Highest exposures to asbestos would likely have been maintenance workers due to themore intrusive nature of their jobs.\nV-50\n 8.0 ReferencesAndrews, GA, Sitterson, BW, Kretchmar, AL, and Bruger, M, 1959. Accidentalradiation Excursions at the Oak Ridge Y-12 Plant, IV Preliminary Report on Clinical andLaboratory Effects in the frradiated Employees, HP, 1959, Volume 2, 134-138.Bingham, E, 1997. Surveillance of Former Construction Workers at Oak RidgeReservation: A Revised Needs Assessment, University of Cincinnati, December, 1997.Breslin, A.J. and Harris, W.B. Health Protection in Beryllium Facilities Summary of TenYears of Experience. OROO 14820. US Atomic Energy Commission. May 1, 1958Burch, W.D. Organization of the Interventions on 'Hot' Facilities mishaps, maintenance,and dismantling .AEA-SM-125/44.Brooksbank,Sr. R.E., Patton, B.D., and Krichinsky, A. M. Historical ProgrammaticOverview of Building 3019. ORNL/TM-12720. August 1994.Bruce, F. 1956. Behavior of Fission Products in Solvent Extraction Processes, Progressin Nuclear Energy, Series III, Process Chemistry, McGraw Hill, 1956.Bruce, F, and Ferguson, D. 1960. Two directly maintained pilot plants\", GenevaConference, 1960.Caplan, Knowlton J., Edwards Richard M., Fellows John A., Harrington Charles D.,Kuhiman Carl W., Philoon Wallace C., Ruehle Archie E., and Shepardson John U.Uranium Production Technology. 1959.Case, J.M. and Watkins, E.R. How Oak Ridge Machines Beryllium. American Machinist.Y-FC-50. December 22, 1955.Checkoway, H, Mathew, RM, Watson, JE, Tankersley, WG, Wolf, SH, Sith, JC, and Fry,SA. 1985. Radiation work experience and cause specific mortality among workers at anenergy research laboratory. British Journal of Industrial Medicine, 42: 525-533, 1985.Checkoway, H, Pearce, N, Crawford-Brown, DJ, and Cragle, DL. 1988. Radiation dosesand cause-specific mortality among workers at a nuclear materials fabrication plant.American Journal of Epidemiology, 127 (2): 255-266, 1988.ChemRisk. 1993. Bruce, GM, Buddenbaum, JE, Lamb, JK, and Widner, TE. Oak RidgeHealth Study, Phase I and II Reports, 1993.ChemRisk. 1993(a), Y-12 Enriched Uranium Process flow diagrams, report excerpts,Accession No. 466.\nv-Si\n Compere, A.L. and Griffith, W.L. The U.S. Calutron Program for Uranium Enrichment:History, Technology, Operations, and Production ORNL-5928 October 1991Cragle, DL, McLain, R, Qualters, J, Hickey, JLS, Wilkinson, G, Tankersley, WG,Lushbaugh, CC. 1988. Mortality among workers at a nuclear fuels production facility.American Journal of Industrial Medicine, 14: 379-40 1, 1988.Cragle, DL, 1996. CEDR ORISE Working Data File Set, CER ORISE, 1996.Davis, D.M., and Morgan, K.Z. Health Physics Division Applied Health Physics AnnualReport for 1964. ORNL-3 820.Davis, D.M., and Auxier, J.A. Applied Health Physics And Safety Annual Report for1976, ORNL-5310.Davis, D.M., and Auxier, J.A. Industrial Safety Applied Health Physics Annual Reportfor 1977. ORNL-5420.Davis, D.M., and Auxier, J.A. Industrial Safety Applied Health Physics Annual Reportfor 1978. ORNL-5543.Davis, D.M., and Auxier, J.A. Industrial Safety Applied Health Physics Annual Reportfor 1979. ORNL-5663.Davis, D.M., and Auxier, J.A. Industrial Safety Applied Health Physics Annual Reportfor 1980. ORNL-5821.Dean, O.C., Messing, A.F., and Forsberg, H.C. The Use of mercury in ReprocessingNuclear Fuels. February, 1960.Dixon, C and Thomas, J. 1959. Accidental Radiation Excursion at the Oak Ridge Y-12Plant —IDescription and Physics of the Accident, HP, 1959, 363-372.DOE, 1973. Beryllium Control Areas (Y-12 facility), Be-USA02571, OR0007705.DOE, 2001, DOE Recycled Fuel Mass Balance Report for the Y-12 Complex, 2001.Dupree, EA, Watkins, JP, JN Ingle, Wallace, PW, West, CM, and Tankersley, WG.1995. Uranium Dust Exposure and Lung Cancer Risk in Four Uranium ProcessingOperations. Journal of Epidemiology.Eckerman, K.F. and Kerr, G.D. Y-12 Uranium Exposure Study. ORNL/TM-1999-1 14.August 5, 1999.Emory University and Center for Epidemiological Research division of Oak RidgeAssociated Universities, Final Report for A Study of the Health Effects of Exposure to\nV-52\n Elemental Mercury: A Follow-up of Mercury Exposed Workers at the Y-12 Plant in OakRidge. HE#94-181, l9xx.Frome, EL, Cragle, DL, Watkins, JP, Wing, SB, Shy, CM, Tankersley, WG and West,CM. 1997. Oak Ridge Mortality Study, ORNL-6785, 1997.Frome, EL, Cragle, DL, and McLain, RW, 1990. Poisson regression of the mortalityamong a cohort of World War II nuclear industry workers (TEC workers). RadiationResearch 123: 138-152, 1990.Genung, Richard, Jolley, Robert, and Mrochek, John. A Brief History of the ChemicalTechnology Division. ORNL/M-2733. May 1993.Goldsmith, W.A., Ellis, W.B., Rhyne, W.R., and Ragan, C.C. Isotopes White Paper:Assessment of Selected Isotopes Circle Facilities, Evaluation of Isotope ProcessingAlternatives, and Funding Justification for LLW-CAT System for Isotopes Area. LeeWan & Associates, Inc. December 1987.Goldsmith, W.A., Ellis, W.B., Rhyne, W.R., and Ragan, C.C. Isotopes White Paper:Volume II: Appendices Lee Wan & Associates, Inc. January 1988.Harris, William B The Industrial Hygiene of Uranium Fabncation U S Atomic EnergyCommission. June 6, 1958.Hart, J.C. Health Physics Division Applied Health Physics Annual Report for 1958.ORNL-2777.Hart, J.C. Health Physics Division Applied Health Physics Annual Report for 1959.ORNL-3073.Hart, J.C., and Morgan, K.Z. Health Physics Division Applied Health Physics AnnualReport for 1960. ORNL-3 159.Hart, J.C., and Morgan, K.Z. Health Physics Division Applied Health Physics AnnualReport for 1961. ORNL-3284.Hart, J.C., Davis, D.M., and Morgan, K.Z. Health Physics Division Applied HealthPhysics Annual Report for 1962. ORNL-3490Hart, J.C., Davis, D.M., and Morgan, K.Z.. Health Physics Division Applied HealthPhysics Annual Report for 1963. ORNL-3665,Holland, J.M. and Epler, J.L. Toxicity and Mutagenic Evaluation:Tetramethylammonium B orohydride (TMAB) ORNL—5 576.\nV-53\n Hurst, GS, Ritchie, RH, and Emerson, LC, 1959. Accidental radiation Excursions at theOak Ridge Y-12 Plant, ifi Determination of Radiation Doses, HP, 1959, Volume 2, 121-133.Kreiss, K, Mroz, MM, Newman, LS, Martyny, J and Zhen, B, 1996. Machining risk ofberyllium disease and sensitizatin with median exposures below 2 mglm\"3. AmericanJournal of Industrial Medicine. 30: 16-25, 1996.Lincoln, Thomas, MD. Health Division Annual Report Covering Period: July 1955- June1956. ORNL-2190. February 13, 1957.Lippman, M., Ong, L.D.Y., and Harris, W.B.. The Significance of Urine UraniumExcretion Data. Health and Safety Laboratory. HASL-120. June 15, 1962.Labor Occupational Safety and Health Program (LOSH) of the UCLA Center forOccupational and Environmental Health, Risk Mapping: A Group Method for ImprovingWorkplace Health and Safety, UCLA, 1996.McLendon, JD, 1959. Accidental radiation Excursions at the Oak Ridge Y-12 Plant, IIHealth Physics Aspects of the Accident, HP, 1959, volume 2, 2 1-29.McMillan, Edwin M. The Transuranium Elements: Early History. Nobel Lecture,December 12, 1951.McRee, P.C., West, C.M., and Mclendon, J.D. Y-12 Radiation Safety Manuel. Y-1401.March 24, 1965.Mercury Task Force, 1983(a). A Study of Mercury at the Y-12 Plant, Accountability, andImpacts on Y-12 Workers and the Environment-1950 to 1983. Y/X-24.Mercury Task Force, 1983(b), Mercury at the Y-12 Plant. Y/EX-23. November 1983.Morgan, KZ. 1959. Preliminary Report of Action Taken by the Health Physics Divisionfollowing the Explosion at ORNL on November, 20, 1959, December, 1959.Morgan, KZ. 1961. Health Physics Problems Associatedwith Recent Accidents atORNL. August 11, 1961.Newman, LS, Kreiss, K, Mroz, MM, and Campbell, PA, 1989. Screening blood testidentifies subclinical beryllium disease. Journal of Occupational Medicine. 31: 603-608,1989.ORNL, 1982. Industrial Safety Applied Health Physics Annual Report for 1982. ORNL-5962.\nV-54\n ORNL, 1989. ORNL Releases During 1948 and 1949. ORNL/FPO-89/121. December15, 1989.ORNL, 1997. ORNL Isotopes Facilities Deactivation Project. Final Deactivation PorjestReport on the Alpha Powder Facility, Building 3028, at ORNIL, Oak Ridge, Tn.ORNLJER-399. April 1997.ORNL, 1995, Level 3 Baseline Risk Assessments for Building 3515 at ORNL,ORNIJER-311. September 13, 1995ORNL, 1997(a), ORNL Safety Analysis Report for the Radioactive Materials AnalyticalLaboratory (RMAL) (Building 2026), ORNLICASDI2O26ISAR/R0, 1997.Owings, Edward. Historical Review of Accountable Nuclear Materials at the Y-12 Plant.Y/EXT-00 153/DEL Rev. July 28, 1995.Parker-Brown, Marianne, 1995. Worker Risk Mapping: An Education for ActionApproach, New Solutions, 1995.Parrott, J.R. Decontamination of Cells 6 and 7, Building 3019, Following Plutonium —ReleaseIncident. ORNL-3100. August 25, 1961Patterson, G.R., West, C.M., and McLendon, J.D. The Y-12 Health Physics Program. Y-1186. November 1, 1957Quist, Arvin S. OSCA (Oak Ridge Classificaton Associates). A History of ClassifiedActivities At Oak Ridge National Laboratory. ORCA-7. September 29, 2000.Richardson, David, 1998. Expanded ORNL Cohort Study (CEDR, orxlOaO5).Rimshaw, S.J., and Ketchen, E.E. Curium Data Sheets. ORNL-4357. January 1969.Rimshaw, S.J., and Ketchen, E.E. Compatibility Data Sheets for Cesium-144, Cesium-137, Curium, and Strontium-90. ORNL-4189. November 1967.Risk Mapping, Risk Mapping Interviews with former Y-12 and X-10 workers, CPS, Inc.June —August,2003.Rupp, A.F. A Description of the Isotopes Development Center. September 30, 1963.Schaich, R.W. Isotopes Development Center. Hazards Report For Building 3028-E.ORNL-TM-768. March 1964Schaich, R.W. Safety Analysis of Building 3028. ORNL-TM-3 192. December 1970.\nV-55\n Schaich, R.W. Isotopes Development Center. Hazards Report for Building 3028-B.ORNL-TM-768. March 1964.Schaich, R.W., Hunter, H.G., and Setaro, J.A. Safety Analysis of Isotopes AlphaHandling Facility. ORNL-TM-2845. March 1970.Schaich, R.W., Butler, T.A., Beauchamp, E.E., and Lamb, B. Hazard Report for Building3517. ORNL-TM-852. May 4, 1964.Sease, J.D., Lotts, A.L., and Davis, F.C. Thorium-Uranium-233 Oxide (kilorod) Facility-Rod Fabrication Process and Equipment. ORNL-3539. April 1964.Sims, T.M. Personnel-Exposure and Containment Control in the Routine Operation of theORNL Research Reactors. ORNL-TM-278.Snyder, W.S., Davis, D.M., and Morgan, K.Z. Health Physics And Safety Annual Reportfor 1965. ORNL-3969.Snyder, W.S., Davis, D.M., and Morgan, K.Z. Health Physics And Safety Annual Reportfor 1966. ORNL-4146.Snyder, W.S., Davis, D.M., and Morgan, K.Z. Health Physics And Safety Annual Reportfor 1967. ORNL-4286.Snyder, W S ,Davis,D M, and Morgan, K Z Applied Health Physics And SafetyAnnual Report for 1968. ORNL-4423.Snyder, W.S., Davis, D.M., and Morgan, K.Z. Applied Health Physics And SafetyAnnual Report for 1969. ORNL-4563.Snyder, W.S., Davis, D.M., and Morgan, K.Z. Applied Health Physics And SafetyAnnual Report for 1970. ORNL-4690.Snyder, W.S., Davis, D.M., and Morgan, K.Z. Applied Health Physics And SafetyAnnual Report for 1971. ORNL-4795.Snyder, W.S., Davis, D.M., and Auxier, LA. Applied Health Physics And Safety AnnualReport for 1972. ORNL-4894.Soman, S.D. Personnel Protection in Hot Facilities. IAEA-SM-125/3Stapleton, D.R. A Brief History of the Research Reactors Division of ORNL, ORNUM-2342, 1993.Thompson, W.E. History of the Oak Ridge National Laboratory 1943-1963. August 23,1963\nV-56\n Thompson, W.E. A History of the Radioactive Barium-Lanthanum Process andProduction. ORNL-246 Special. June 22, 1949.Turner, J.E., Davis, D.M., and Auxier, J.A. Applied Health Physics And Safety AnnualReport for 1973. ORNL-4974.Turner, J.E., Davis, D.M., and Auxier, J.A. Applied Health Physics And Safety AnnualReport for 1974. ORNL-5055.Turner, J.E., Davis, D.M., and Auxier, J.A. Applied Health Physics And Safety AnnualReport for 1975. ORNL-5 169.Turner, R.R. Review of Available Information for Mercury at Building 920 1-2. Y/TS-626. February 1990.USAEC (US Atomic Energy Commission). Symposium on Occupational HealthExperience and Practices in the Uranium Industry. HASL-58. October 15-17, 1958U.S. Atomic Energy Commission. Historical Regulations. Chapter 0524 PermissibleLevels of Radiation Exposure. AEC 0524-01. January 9, 1958.Vance, J E and Warner, J C Uranium Technology General Survey 1951Watkins, JP, Reagan, JL, Cragle, DL, Frome, EL, West, CM, Crawford-Brown, D, andTankersley, WG, 1993. Collection, Validation, and Description of Data for Oak RidgeNuclear Facility Mortality Study, Technical Report J42, ORISE, 1993.Watkins, JP, Cragle, DL, Frome, EL, West, CM, Crawford-Brown, D, and Tankersley,WG, Adjusting External Doses from ORNL and Y-12 facilities for the Oak RidgeNuclear Facility Mortality Study, Technical Report G-34, ORISE, 1994.West, C.M., Scott, L.M., and Schultz, N.B. Sixteen Years of Uranium PersonnelMonitoring Experience in Retrospect. Y/DD-225. July 3-8, 1977.Wing, S, Shy, CM, Wood, J, Wolf, S, Cragle, DL, and Frome, EL. 1991. Mortalityamong workers at Oak Ridge National Laboratory. JAMA 265 (11): 1397-1402, 1991.Wing, S, Shy, CM, Wood, J, Wolf, 5, Cragle, DL, Tankersley, WG, and Frome, EL.1993. Job factors, radiation and cancer mortality at Oak Ridge National Laboratory:follow-up through 1984. American Journal of Industrial Medicine, 23: 265-279, 1993.Wolf, B.S. M.D. Progress Report of Field Investigations Pertinent to the Problem ofMaximum Acceptable Levels for Uranium Exposure. U.S. Atomic Energy Commission.September 26, 1949.\nV-57\n Wolf, Susanne, 1996. Oak Ridge Y-12 Mortality Study, (CEDR-oryl2aO5).Wolf, Susanne, 1998, CIEDR Chemical and Physical Hazard Assessment Working DataFiles Set, 1998.Wolf, Sussane, 1998(a) CEDR Detailed External Radiation Mortality working data fileset, 1998.Wolf, Sussane, 1998(b). CEDR Detailed Internal Raddiation Mortality working data fileset, 1998.Y-12, 1952-1962. Y-12 Quarterly Reports Health and Safety Section.\nV-58\n Section VI. Focus Groups(Th\n IntroductionDescription of Focus GroupsIn conducting the Needs Assessment of the X-1O and Y-12 workers at Oak Ridge, it wasnecessary to find out directly from the workers what they would like in an occupational medicalscreening program. While his was partially accomplished through questionnaires, talking toworkers in person in an organized setting was essential to developing the program mostresponsive to their needs. Thus, four focus group sessions with former and current workers wereconducted to gauge their occupational health concerns, how they perceive their occupationalhealth risks, their desire for and expectations of medical surveillance and high risk notification,their current access to health care, and potential issues concerning outreach.Two focus groups were held on July 8, one for X-10 and one for Y-12. On August 5, twoadditional sessions took place with different participants from the two facilities.Because of classification issues, the four sessions were held in a secured room in theSecurity Building at the site and were restricted to those workers with L or Qclearances(for Y-12). Temporary clearances were granted for retired workers. The Focus Group Moderator for allfour sessions was Tom Moser, local coordinator for the WHPP program at K-25, a current workerat K-25 and a long-time health and safety training coordinator for the local. Mr. Moser has a Qclearance.The health and safety representatives for the respective plants assisted him in thesessions: Jeff Hill, David Barncord and Jim Blankenship for X-l0, and Larry Jones, HaroldLawson and Carl Johnson for Y- 12. Carl \"Bubba\" Scarbrough, ATLC president, worked with thehealth and safety representatives to plan and set up the sessions. He also welcomed each groupand provided a brief overview of how ATLC was able to get the program initiated.The session was taped with a tape recorder supplied by DOE. The tapes and thedemographic data sheets were submitted to the DOE security office for clearance prior to release.Once cleared, a professional transcribed the tapes; this report is based on that transcription andreports from the health and safety representatives and Tom Moser. Due to a technical probleminvolving the tape, some of the comments from the participants were inaudible.The Moderator Guide used for the sessions was modeled on the one originally used at theK-25 focus groups, which was modified by the X-10 and Y-12 health and safety representativesafter group discussions on May 20, 2003 (See Appendix _). Atthat time, Sylvia Kieding gavean instructional presentation on focus groups and made recommendations to Tom Moser on howthe X-10 and Y-12 sessions should be conducted.The presence of knowledgeable and trusted health and safety representatives from X-10and Y-12, as well as the experience of the moderator, Tom Moser, provided an indispensablecontribution to the discussions.Focus Group FormatAll participants were assured that their names would remain confidential and were askedpermission to audiotape the session. As decided previously by the ATLC health and safetyrepresentatives, the agreement had to be unanimous. The participants were asked to fill outdemographic information sheets, which are summarized in the tables preceding each set of focusgroups.The participants consisted of former and current workers, both salaried and hourly. TheATLC health and safety representatives attempted to make the groups representative of the sites,selecting participants on the basis of their experience and job category at the plant.vI-1\n Table 1. Demographic Characteristics of X-iO Focus Group Participants,by Date of Focus Group\nGenderMaleFemale\nAverage age, years\nDuration of employment at X-1O, yearsEmployee typeHourlySalariedReason for leaving X-1ORetirementEarly retirementVoluntary separation packageOther (i.e., off-the-job injury/illness)RaceWhiteBlackMarital statusMarriedSingleEducationSome high school or less 102High school graduate 145Some college or advanced 325vocational trainingCollege degreeSome post-collegeGraduate degree011101101\nIncome$i0,001-20,000$20,001-30,000$30,001-40,000$40,001 -50,000$50, 001-70,000$70, 000+No answer01101300123210\nReligionProtestantOtherNo answer0233340\nVI-2\n Report of X-1O Focus Group Findings, by TpjcThe following is a breakdown of responses to the questions posed by the Moderatorfollowing the Moderator's Guide for the X-10 sessionsthe mornings of July 8 and August 5 Theresults from the two X-l0 focus groups have been condensed into the most salient findings fromboth sessions.Topic I: Health Concerns —Perceptionof Occupational Health Risks\nQuestions:Participants were asked if they think that they or their co-workers are at risk fromoccupationally related health problems and, if so, what they are.\nSummary of responses:• The primary hazards named by the participants included radiation, mercury, asbestos,beryllium and chemical exposures in general.• The workers said that management told them that radiation didn't bother you. Workerswere sent into radiation areas repeatedly regardless of whether or not they were hot.• Participants said that they would go on a job and not know what they were working withand that their exposures dated back to a time when monitoring was inadequate or non-existent. There was really no program to address the various hazards.\n• Most of them stated that cancer and lung disease are their major concerns from jobexposures A few mentioned heart disease The cancers of concern were prostrate andleukemia and one area reproduction was cited as an area where \"everyone got cancer\"• The workers felt that the cancer rate was higher at X- 10 than in the general populationBecause of lack of ventilation, they felt that secretaries could have high or higherexposures than other workers to such substances as mercury. Every day they walked pasta building with a mercury pit without any protection.Sample responses:\"In a steam pit below a particular building, there was a mercury pit. They literally shoveled themercury out of the pit.\"We worked at a time when asbestos was not viewed as a problem you d have to shower in theafternoon to get the asbestos out of your hair.\"\"I was a laborer finally assigned to the burial ground collecting and transporting and disposingof radioactive waste.\"\"in a 1995 regular (every two year) screening, 1 had a PSA reading of 51.85 but was not toldabout it until June of 1999. 1 had prostrate surgery eventually followed up by 35 radiationtreatments. Hand I been told in 1995 that I had the 51.85 reading, in all probability the cancerwould not have spread outside the prostrate\nVI-3\n \"I have had vein problems, heart problems and I got lung problems. I was never informed by thecompany but I have had asbestosis.\"\"My mother worked in rep roduction for years and she died with leukemia. Everybody in thereproduction area had some form of cancer.\"Topic II: Health Care/Delivery Utilization IssuesQuestions:1. Participants were asked about their current medical needs and current medical programs.2. Participants were also asked if they would be interested in and participate in a medical andhealth information program for their occupational health concerns.3. The workers were asked what they would like in an occupational health program andwhere/how they would like the program administered.4. Are there any roadblocks or impediments to participation, and how can they be resolved?Summary of responses:• Participants generally had periodic physicals from their primary care physicians butadmitted that the primary care physician never discussed their work nor was he/shequalified to look at occupational disease.• The workers were unanimously in favor of an occupational medical screening program,under certain conditions. They were emphatic that none of the testing take place atclinics in Oak Ridge because they felt there were no physicians that could be trusted inOak Ridge.•They would like a complete physical with special attention paid to the exposures at thesite. They felt that plant medical records should be incorporated into the testing program.Two of the most important components of the program should be trust and credibility,which should be reflected in the clinics chosen Clinics should be within driving distanceand the program should be continuous as opposed to consisting of a single exam. Itshould also include current workers. They are hoping to get the CT scan unit because oftheir exposures to beryllium, asbestos and possible other lung carcinogens. They feel thatthe CT scan unit can save lives, as it has done at K-25.• The three biggest impediments to a successful program would be lack of trust,inconvenience, and the absence of physicians independent of the DOE. Also cited wasthe difficulty of getting plant medical records for use in the program.Sample responses:\"I would like to see a program that would just monitor our health, just a good overall physicallooking for things that might be particular to exposures that we might have had in the workplace,either chemicals, radiation paints, or whatever.\"\"I think the perception is that Oak Ridge physicians may be biased... they're not going to step onanybody's toes.\"\nVI-4\n Topic III: Outreach/Access and Health Education/Information ResourcesQuestions:1. Participants were asked the best ways to notify people of a medical testing program and toinvite them to participate.2. What are their current sources of health information?3. How do participants like to get health information?Summary of responses:• There was general agreement among the workers that direct mailings to their houses arethe best form of notification and invitation. Other methods included the TV news, retireenewsletters, and a notice in the checks paid out to retirees. Participants also cited word-of-mouth.• Current sources of health information include the AARP magazine, a retirement paper,brochures in doctor's offices and the Internet. They like to get health informationthrough direct mailings.Sample responses:\"You get a retirement newsletter, they've got addresses.\"Most everyone watches the news. If you had it on, like channel 10.\"\"We're retirees, benefit plans will have, will know where we're at because they mail our checksout.\"\"I'm involved in the sale of health insurance and life insurance and those kinds of thins and I'mbombarded with all that information. I tend to try to read it as much as I can and I am one that,fIsee a brochure laying around somewhere, I tend to pick it up.\"\nObservations, X-10 Focus GroupsThe use of focus groups in this needs assessment has yielded information that will beinvaluable in structuring a medical testing program and providing health hazard education at X-10.The impressions captured here are based on a review of the transcript of the sessions aswell as demographic sheets, both of which were reviewed by DOE for clearance. The focusgroup moderator, Tom Moser, and the X-10 health and safety representatives were, of course,responsible for the quality of the data gathered and for keeping the discussions focused.There was a lack of trust in DOE and local clinics, which they believed were too closelytied to DOE. The lack of past exposure data prompted the recommendation that any medicaltesting program consist of a comprehensive physical supplemented by testing targeted to thespecific exposures at X-10.\nVI-5\n There was repeated insistence that medical data from the plant medical clinics beincluded and reviewed as part of the medical testing program.All of the participants felt that the program should be ongoing rather than consist of aone-time exam. They felt that the latency period for many diseases demanded periodicmonitoring.Recommendations, X-1O•The need exists for an occupational medical surveillance program.Focus group participants felt that an occupational medical program wasnecessary because of the lack of knowledge of their primary care physicians ofthe impact of occupational exposures.• Independent physicians without any ties should administer the medical testingprogram to DOE or the contractors and in cooperation with ATLC.Participants cited trust and credibility as the most important components of anymedical testing program or there would be lack of interest and participation.They ruled out Oak Ridge as a testing site because of its close ties with DOE andthe contractors, for instance. Local clinics should be used but they should bewithin driving distance.• The testing program should incorporate plant medical records.Participants stressed their desire to include plant medical records if this wereat all feasible.• Participants favored direct mailings to inform workers of the program andinvite them to participate.The workers felt that the best way to reach X- 10 workers is through direct mail,perhaps through a notice included in pension and pay checks.• The testing program should be on going rather than a one-time occurrence.Participants repeatedly stressed the need for periodic testing because of the longlatency periods common to many of the diseases of concern.• Current as well as former workers should participate in the testing program.The focus group members felt that the program should begin with the retirees butshould go on to include current workers because of the mistrust of the site clinic.\nVI-6\n Table 1. Demographic Characteristics of Y-12 Focus Group Participants,by Date of Focus Group\nJuly 8August 5TotalGenderMaleFemale11070-180\nAverage age, years 59.867.263.5\nDuration of employment at X-1O, years31.031.531.2\nEmployee typeHourlySalaried10170171\nReason for leaving X-1ORetirementEarly retirementVoluntary separation packageOther (i.e., off-the-job injury/illness)130030024302RaceWhiteBlack10170171Marital statusMarriedSingleDivorced9117001611EducationSome high school or lessHigh school graduateSome college or advancedvocational trainingCollege degreeSome post-collegeGraduate degreeNo answer0830000042\n1001255\n1001Income$10,001-20,000$20,001-30,000$30,001 -40,000$40, 001-50,000$50,001-70,000$70,000+No answer111251003012101413720\nReligionProtestantOtherNoanswer11006101710\nvI-7\n Report of Y-12 Focus Group Findings, By TopicThe following is a breakdown of responses posed by the Moderator using theModerator's Guide for the Y-12 sessions that took place on July 8 and August 5. Questions 3-5of Topic I are included in Topic II for continuity. The findings from the two groups arecombined here to give an overall picture.Topic I: Health Concerns —Perceptionof Occupational Health RisksQuestions:Participants were asked if they think that they or their co-workers are at risk fromoccupationally related health problems and, if so, what they are.Summary of responses:• Workers cited concerns about exposures to uranium smoke (from uranium fires),asbestos, mercury, solvents, acids, and beryllium, as well as heavy metals.• Health concerns included mesothelioma and cancers of the lung, prostrate, stomach, andbrain as well as hearing loss, chronic beryllium disease, heart problems and neurologicalproblems from mercury exposure.• The participants attributed many of the health problems today to unsafe work practices inthe past as well as threats of job loss if workers complained about working conditions.For instance, in the past, workers would eat, drink and smoke around the equipment;painters would work in an area with no ventilation; and personal protective equipmentsuch as respirators were not available The contractor failed to warn workers of the jobhazards, telling them that \"they could eat all of it [they] want, not worry about it.\"Sample responses:\"I had a brother-in-law work out there and he had cancer of the brain and passed away and itwas related back to the plant.\"\"I left Y- 12 when I was 59, 1 had heart problems, I had hearing problems, where we went throughso many noisy compressors, areas that we had to go in.\"\"Some of my fellow workers got berylliosis. We lost one last year, he had lung cancer and we'velost a lot of our group, the painters.\"\"Well, I've got one out there (machinist) that's got cancer of the bladder. I know another onewho's got cancer of the bladder.\"Topic II: Health Care/Delivery Utilization IssuesQuestions:1. Participants were asked about their current medical needs and current medical programs.\nVI-8\n 2. Are the workers interested in a program for their occupational health concerns? How would itbe structured? Would you and your fellow workers participate and do you receive yearly (orperiodic) physicals?3. Where do the workers go for current medical services? Are there specific clinics or hospitalsthat people feel most comfortable with?4. Are there any impediments to participation in an occupational medical program and how canthese be resolved?Summary of responses:• The current workers now get a physical from the site clinic every five years instead ofevery two years, as in the past.• The retired workers generally get physicals every year from their primary care physician.One current worker expressed a concern about taking the BeLPT because if sensitivity isconfirmed, it could have job repercussions.• Workers are skeptical of local primary care physicians' ability to be attentive to theirneeds.• Those with health problems not only have a primary care physician but a specialist aswell.• In general, the workers want a well-structured physical examination by physiciansindependent of the DOE and its contractors. They want to be screened for hearing loss,cancers and stomach problems.• They want the CT scan like the one the K-25 screening program has. They also want toinclude neurological testing for mercury.• They would like for plant medical records to be included in the program and expressedconcern about the difficulty of getting and using those records.• They want physicians and a program outside of the Oak Ridge area because of its tieswith DOE and its contractors.• They are concerned with cost and credibility because of their past experience with anyprogram funded by DOE. They cited transportation as another impediment toparticipation.Sample responses:\"A big problem right now is... some doctor's offices just herd you in and herd you out. They workfor these big outfits and they just have to see so many patients in a day. It makes you feel like youain't getting taken care\"This is a company town where (sic) they won't admit it or not. When it comes to push andshove, I'd rather have an independent somebody that's not tied to this area.\nVI-9\n \"A lot of people who are weekly and monthly who did not take the BeLPT are afraid f theygetconfirmed that they're sensitive to it, it could affect their job.\"I think one of the roadblocks if they do this is getting this screening out to the entire workers, Ithink it's hard to find them. That would be a real roadblock.\"Topic III: Outreach/Access and Health Education/Information Resources\nQuestions:1.Participants were asked the best way to notify people of an occupational medical testingprogram and to invite them to participate.2. What are their current sources of health information?3. How do participants like to get health information?Summary of responses:• Some of the suggestions for contacting people for participation included gettingaddresses and telephone numbers from the union, word-of-mouth, brochures mailed totheir house advertising a \"Y-12 health screening or ATLC health screening,\" theretirement newsletter, posters at local retail stores like Wal-Mart, telephone and rallies forsick workers.• Their principal (and preferred) sources of medical information are television, the doctors'office, or publications —suchas the AARP's —sentto their homes.\nSample responses:\"Workers, if they make a list of people they work with .. . especiallyfyouknow them or knowtheir address, phone number, just write it down and when this comes about, we'll be callingthem.\"\"What you were talking about like telling a buddy when we start it, ask about other people. Doyou know anybody else that would be interested\"\"Anything that's got Y-12, even the paper, I check it.\"\nObservations, Y-12 Focus GroupsThe two focus group sessions withcurrent and former Y-12 workers on July 8 and August5, 2003, were yielded valuable information that will assist in structuring the medical testingprogram. Of particular value was the information gathered regarding the workers' healthconcerns and current medical care, types of tests desired, the preferred clinics for testing, andsuggestions for outreach.Participants in the two sessions included both current and former Y-12 workers (bothhourly and salaried), all of whom were male, with an average age of 63.5 and an average of 31.2years working the plant.\nVT-lU\n Because of the classified nature of much of the work at Y-12, the focus group was held in asecure room in the security building at the site. Because the author of this report had noclearance, the final report is based on the reports of the moderator and health and safetyrepresentatives, and the transcripts created from the tape recordings of the two sessions.The participants expressed a distrust of both DOE and the contractors, emphasizing thatthey did not want to use clinics in Oak Ridge because of its \"company town\" nature.They stated a desire for an independent occupational medical testing program that wouldnot only provide a thorough physical examination, but one tailored to the various exposuresincurred at the facility (i.e., radiation, asbestos, beryllium, mercury, solvents, acids and noise).Both groups of participants wanted plant medical records to be incorporated into theprogram if at all possible. They also felt strongly that, because of their exposures, they wouldbenefit from having the CT scan unit that the K-25 screening program has.Recommendations, Y-12•There is a need for an occupational medical testing programParticipants clearly felt that their personal physicians did not address theiroccupational health concerns, nor were they qualified to do so.•The participants prefer local clinics in a convenient, easily accessible locationwith oversight from occupational medical physician. They do not want theclinics in Oak Ridge.Access, cost, and transportation are some of the concerns expressed by theparticipants. They did not want to use Oak Ridge clinics because of theirproximity to and influence by DOE and the contractors.•Participants want to include current as well as former workers.While they feel the first priority should be the former workers, they also want toinclude the current workers in the program.• Word of mouth and direct mailings are the preferred methods forcommunication.Participants recommended, as a means of outreach, that workers write down thenames and addresses of other potential participants. They suggested that mailingsmarked \"Y-12\" would attract the attention of recipients.•All of the participants expressed a desire that the CT scan unit used at K-25 bepart of their program.\nVT-il\n Section VII. Epidemiologic and Health Studies Review\n Epidemiologic Studies of Y-12 and ORNL WorkersWorkers at Y-12 and ORNL have been the subject of numerous epidemiologic studies.With a few exceptions, these studies have examined the mortality experience of theseworkers. While they suffer some important limitations, these studies provide data usefulin understanding the effects of exposure to radiation and a small number of chemicalhazards at these facilities.As a rule, however, mortality studies done on DOE cohorts have certain importantlimitations:• Most mortality studies involve comparing the mortality experience of employedworkers (in this case employed at Y- 12 and ORNL) with that of the generalpopulation. This comparison population includes many individuals to sick ordisabled to work, individuals also more likely to die prematurely than people inthe workforce. This bias, known as the \"healthy worker effect,\" results in theunderestimation of the effects of toxic exposure in the population under study. Astrong \"healthy worker effect exists in studies of Oak Ridge workers.• Most studies at Oak Ridge were undertaken long after the exposures of interestoccurred. While there are limited exposure data available (either through actualrecords or retrospective dose reconstruction) for radiation exposure, there are fewrecords available to quantify exposure to any of the toxic chemicals to which Y-12 and ORNL workers were exposed.• The potential for confounding and selection bias is significant in these studies.The oldest facilities began employing workers in the early 1940s; these workershave been followed the longest and constitute a sizable proportion of all workersstudied. The exposures that occurred during World War II were likely somewhatdifferent than subsequent exposures, since production processes changedsignificantly after the war in many facilities. At the same time, employmentselection factors are likely to be of some importance. Workers who were firstemployed during World War II (and who were not in the armed services duringthe war) are likely to be different than those who came to work in later years inmany respects, beyond the obvious difference in birth cohort, exposure historyand years of follow-up. As a result, for example, examination of the effect ofradiation exposure on the mortality experience of workers first employed after age45mayactually be detecting a birth cohort effect, or the effect of some type ofselection bias in employment, rather or in addition to a radiation effect.These limitations must be considered in reviewing the findings discussed in this needsassessment.In the section below, we attempt to review what can be learned from the epidemiologicstudies on Oak Ridge workers. Since different versions of most of these studies havebeen published several times, we attempt to cite the most recent report, except in those\nVll-1\n cases where earlier versions provide additional useful data. Negative results are notsummarized, except where they are necessary to explain a choice made in the design ofthe screening program.1. Overall and Radiation-Related MortalityThe largest study of the mortality experience of Oak Ridge workers involved 28,00deaths among 106,000 persons employed at one Y-12, ORNL or K-25 between 1943 and1985 (Frome et a! 1997), expanding upon an earlier study that included only white maleswho worked before 1947 (Frome, Cragle, McLain 1990). The objective of the study wasto examine the effects of radiation exposure on mortality, since the type of radiationexposure was different at each facility, the facility was the primary surrogate measureemployed for radiation exposure. However, many of these workers worked at more thanone of the Oak Ridge facilities, posing a methodologic challenge to the authors. Ratherthan exclude workers who had worked at more than one facility, as had been done insome previous studies, the investigators employed a Poisson regression analysis tocontrol facility as well as for age, birth cohort, length of employment, socio-economicstatus and a rough surrogate for internal radiation exposure.Overall, the all cause (SMR=l.00, based on 27,982 deaths) and all cancer (SM.R=0.98,6,114 deaths) mortality of the cohort were not different than those expected based onnational comparison rates. There were substantial differences in the mortality patternsassociated with each facility. Workers at K-25 had higher risk of mortality from non-malignant causes than workers at Y-12 or ORNL Lung cancer was the only specificcancer associated with external radiation (SMR=1.18, based on 1,849 lung cancer deaths,no 95% CI provided; among white males employed at Y-12 or ORNL, there was a doseeffect relationship between external radiation exposure and risk of death for all causesand for cancer. External radiation dose with a ten-year lag was found to increase overallrisk of death by 0.31 per Sv (95% CI = 0.16,1.01) and cancer mortality by 1.45 per Sv(95% CI =015, 3 48) Interestingly, no relationship between external radiation exposureand leukemia was seen, perhaps suggesting that some or all of the radiation effect seenfor lung cancer may the result of an unidentified bias or the incomplete control ofconfounders.Wilkinson (2000) conducted a mortality study among female workers throughout theDOE complex; reported that the relative risk for all cause mortality was increased amongwomen not monitored for radiation, in comparison to those who were monitored, at bothY-12 (RR =1.20,95% CI=1.03, 1,39) and ORNL (RR = 1.30,95% CI =1.07,1.57). Thiswas also true for cancer mortality at ORNL (RR = 1.4,95% CI=1.O, 2.0). This is likelyan artifact of the health worker effect, with women in more stable, higher paying jobsmore likely to be monitored. For all DOE sites combined, Wilkinson reported thatleukemia risk increased with cumulative exposure (RRIrem = 1.13,95% CI =1.02,1.25),as well as associations on the edge of statistical significance between cumulative externalradiation exposure and all cancers (RRIrem = 1.03,95% CI =.99,1.16), breast cancer(RR/rem =1.05,95% CI =.99,1.12) and hematologic (RR/rem = 1.08,95% CI =.99,1.17). However, no excess breast cancer risk was seen among women employed at\nVll-2\n either Y-12 (SMR=73 ,354 observeddeaths, no 95% CI provided) or X-1O (SMR= 82,48 observed deaths, no 95% CI provided). A non-significantly elevated SMR for mouthand buccal cancer was seen among women at X-1O, although based on small number(SMR=148, based on 5 observed deaths), no 95% CIprovided.) Increased SMRs werealso seen among X-1O workers for cancer of the esophagus (SMR=207, 95%CI=67-484),cancer of the kidney (SMR=151, 95% CI=55-328), and mental disorders (SMR=161,95%CI=59-350).Among Y-12 female workers, elevated mortality risk was seen for chronic andunspecified bronchitis (SMR= 149, 95% CI=94-226)and diseases of the genitourinarysystem other than nephritis, kidney infections, female genital organs (SMR= 156, 95%CI=120- 199).a. Y-12Workers employed at the Y-12 plant manufacture nuclear weapons components;historically, the primary route of exposure to radiation at the facility was inhalation ofuranium compounds. Although no film badges were worn in the early years, it wasassumed that external (gamma) exposure was low, and that most exposure was thoughinhaled uranium alpha particles and, to a lesser extent, dermal exposure to beta-emittinguranium daughters. Airborne uranium dust levels were thought to be highest throughSeptember 1945.Mortality among almost 19,000 workers employed at Y-12 during 1943-1947 (followedthrough 1977) was examined by Polednak and Frome (1981). This represents about halfof the workers employed during those years; women, who made up 47% of theworkforce, were not included in this study. Replicating the findings in the overall OakRidge cohort study (see above), Polednak and Frome found an SMR of 1.22 for lungcancer (95% =CI1.10, 1.36). The population was divided into four subgroups, Alphaand Beta Chemistry, all Alpha and Beta Departments, electrical workers and all other.Among these subgroups examined, the highest lung cancer SMR (1.42, 26 deathsobserved) was seen among electrical workers who did maintenance work. No excess lungcancer was seen among the chemical workers \"in Alpha and Beta Chemistry\" who hadhigher uranium dust exposures, or those who worked in all Alpha and Beta Departments.The fourth group examined \"all others\" had a small excess risk (SMR=1.13, based on 182lung cancer deaths.White male workers employed at Y-12 between 1947 and 1974 (followed through 1979)are the subject of another series of mortality analyses. Checkoway et al (1988) reportedthat among these workers, there were elevated risks of mortality from cancers of the lung(SMR=1.36, 95% CI 1.09, 1.67, 89 observed deaths) and central nervous system(SMR= 1.80, 95% CI 0.96,3.02, 14 observed deaths). In contrast with earlier studies,individual radiation monitoring data were available for slightly more than half of theworkers in the cohort, and the investigators constructed models to examine therelationship of dose (alpha or gamma, and cumulative level), latency and risk. Dependingupon the model used, the risk of lung cancer among those whose cumulative dose was 5\nVll-3\n or more rem, was more than 4 times higher that of those receiving less than 1 rem. Nocomparable dose-effect trend was seen for cancers of the brain and central nervoussystem Of the 6,781 white male workers who were employed at least 30 days at Y-12,2,222 (33%) has external radiation (gamma) exposure >0-.49 rem, 1,264 (19%) hadbetween .5 and .99 rem, 1504 (22%) had between 1 and 4.99 rem, and 132 (2%) had 5 ormore rem. No analyses by job tityle or department were reported.Although the Checkoway study was relatively large (6,781 cohort members, of whom862 were known to have died), the increases in lung cancer risks associated with thehighest radiation exposure were based on a small number of lung cancer deaths. In spiteoff this, the authors on the study concluded \"the observed dose-response trends indicatepotential carcinogenic effects to the lung of relatively low-dose radiation.\"Loomis and Wolf (1994) extended the follow-up period of this study through 1990.Mortality from lung and brain cancer remained elevated, and the authors report increasedrisk of some lymphatic cancers, as well as cancer of the pancreas, prostate and kidney.An excess in lung cancer mortality was seen (SMR=1.17, 95% CI 1.01-1.34, 202 deathsobserved) Further analysis of the lung cancer mortality patterns found that much of thelung cancer excess appeared to be limited to workers who were first employed at Y-12between 1947 and 1954 (SMR=1.27, 161 deaths observed, no 95% CI provided). Theexcess lung cancer mortality first manifested in the 1955-1964 time period, and decreasedafter 1979. The SMIR for lung cancer among female workers was 0.78, based on 5 deaths.\nLoomis and Wolf conclude: \"Lung cancer mortality among these workers warrantscontinued surveillance because of the link between internal alpha radiation exposure andthis disease, but other agents, notably beryllium, also merit consideration as potentialcauses of lung cancer.\" (p. 131, Loomis and Wolf, 1996)Lung cancer risk at Y-12 has also been examined using a nested case control method,with many of the cases coming from the studies discussed above. Dupree et al (1993;1995) identified 787 lung cancer cases among workers at Y-12 or two other uraniumprocessing facilities (Mallinckrodt Chemical Works and Fernald Feed MaterialsProduction Center) for at least 183 days. Controls were matched to cases on race, gender,date of birth and date of hire (± 3 years), and facility. It was not an uncommon practicefor workers to move from one ABC facility to another. Of the 787 cases, 180, or 23%worked at more than one facility. 567 (72%) were first employed at Y-12 during the1943-1947 period and 142 (18%) after 1947; in total, 7609 (9077%) cases were firstemployed at Y-12. This is of interest, because work at Y-12 contributed the largestamount of exposure, and the longest periods of follow-up after exposure began, in thestudy.The Dupree study (1995) detected a non-statistically significant two-fold excess risk oflung cancer (OR =2.05,95% CI =0.20,20.70) among workers exposed to 25 centigraysor higher. Although there were no indications of a dose-response relationship betweenlung cancer and internal exposure to uranium dust, the data suggested an effect frominternal dose and external radiation among workers hired after age 45; as a result, the\nVll-4\n authors felt there findings were not inconsistent with those reported by Checkoway et aT(1988). Using the same exposure data, this study had many of the same limitations asthe other Y-12 studies discussed above In particular, the authors acknowledged thepotential for exposure misclassification, especially among workers from the earlier Y-12employment cohort If this misclassification was random, the effect would likely be toreduce the measured effect of radiation exposure, resulting in an underestimate of theradiation effect.b. ORNLThe mortality experience of ORNL workers has been examined in several studies. Thefirst published study limited to ORNL employees was by Checkoway et al (1985),updated by Wing et al (1991) The later analysis included 8381 men employed between1943 and 1972 followed through 1984 The only significant excess seen overall wasleukemia (SMR =1.63;95% CI =1.08,2.35;therewere 28 observed deaths). Non-significant excesses were seen for cancers of the pancreas (SMR = 1.09;95% CI =0.71,1.61; 25 observed deaths), prostate (SMR = 1.05;95% CI =0.68,1.53; 26 observeddeaths) and brain!CNS (SMR = 1.04;95% CI =0.58,1.72; 15 observed deaths), alongwith lymphosacrcomalreticulosarcoma (SMR = 1.05;95% CI =0.48,1.99; 9 observeddeaths). Using internal comparisons, the investigators found that all cause mortalityappeared to be related to radiation dose, a finding that was not seen in the earlier study ofthe same cohort by Checkoway et al, perhaps because of the shorter follow-up time of theearlier studies.This radiation effect was pnmanly associated with cancer mortality, taking SES intoaccount and with a 20 year time lag, the authors found an approximately 5% excess riskof cancer mortality for every lOmSv (1 rem) of dose (p=.OO1). This estimate issubstantially higher than the radiation effect estimated from data gathered from survivorsof the Hiroshima and Nagasaki nuclear blasts. Among specific cancers, the authors a 5%excess lung cancer mortality risk for each 10 rnSv (p=.O6), and a 9% excess for leukemia(p=.44).The differences between these results and those from the Japanese survivor cohortsunderscore the limitations and uncertainties of dose-effect estimates. While there are fewif any environmental dose-effect relationships about which we have more and better datathan we do for radiation, dose-effect models drawn from different populations haveprovided discordant models. Differences between estimates, and model are probablyattributable to incomplete or inaccurate exposure measurement, or uncontrolledconfounding. It is unlikely, however, that studies in the United States will providesignificant clarification of the questions raised by these differences, because the mortalityexperience of most of the major US radiation-exposed populations have already beenexamined and analyzed.A subsequent analysis (Wing et aT 1993) of the ORNL cohort replicated these sameresults after adjustment for the potential effects of exposure to beryllium, lead andmercury, as well as for selection biases associated with war-related employment patterns.\nVll-5\n Richardson and Wing (1999) followed this cohort through 1990, and reported that,lagging the data, radiation doses received after age 45 appear (7% per 10 mSv, SE=2.2)to have a greater impact on cancer mortality risk than exposures that occur at youngerages (5% per 10 mSv, SE=1 .5). Further, they reported a positive association betweenradiation dose after age 45 and risk of non-malignant respiratory disease (5% per 10 mSv,SE=2.9).This age effect has been suggested in other studies as well. Wing et al (2000) conducted acase control study of workers who dies of multiple myeloma at four facilities, includingORNL. While lifetime cumulative radiation dose was not associated with increased riskof multiple myeloma mortality, exposures at older ages appear to increase risk.Wilkinson (2000) examined mortality among female workers employed at ORNL, andfound that excesses of hematologic cancer (SMR = 1.25,95% CI =1.07,1.47), andwithin that, for leukemia (SMR = 1.32,95% CI =1.12,1.55). Non-significant excesseswere seen for cancers of the esophagus (SMR = 2.07,95% CI =0.67,4.84), kidney(SMR =1.51,95% CI =0.55,3.28, and mental disorders (SMR = 1.61,95% CI =0.59,3.50).In addition, investigators examined the mortality experience in a combined cohort fromORNL, Hanford and Rocky Flats, publishing several articles on the study. In a 1993publication, for example, Gilbert, Cragle and Wiggs found that cancers of the esophagusand larynx and Hodgkin's Disease was significantly correlated with radiation exposure,with the esophagus and larynx cancer excesses seen primarily among the ORNL workers.Radiation exposure at ORNL also appeared to be associated with an increased risk ofcancer mortality overall (RR=1 .2 per Sv, 90% CI <0, 3.7), with greater effects being seenamong those developing cancer at older ages.1. BerylliumExposure to beryllium was extensive at the Y-12 facility. By July, 2003, more than 4,000current and former Y-12 workers were tested as part of DOE's Chronic BerylliumDisease (CBD) Surveillance Program. Of these 133 (3.3%) were found to have berylliumsensitization. Ninety of the 133 completed follow-up clinical evaluations, with 46 casesof CBD diagnosed in this group.Beryllium exposure appears to have been less common at ORNL The surveillanceprogram has tested 438 current and former ORNL workers, and have found 8 (1.8%)sensitized. No cases of CBD have been diagnosed at ORNL.DOE reports have documented relatively recent exposure to beryllium. The 1996 DOEBeryllium Information Survey Report noted that Y-12 reported 158 exposed workers, andORNL 51. Y- 12 reported that maximum exposure beryllium levels that year exceeded theDOE standard in effect at that time, 2.0 uglm3.\nVll-6\n 2. MercuryThe mortality experience of workers exposed to mercury at Y-12 was examined in astudy published in 1984 (Cragle et al). Using data from mercury urinalysis testing, thecohort was divided into exposed and non-exposed subcohorts, and the exposed groupfurther divided into high exposure and low exposure groups. No significant mercury-related differences in mortality patterns were detected. As with other Y- 12 studies, theinvestigators found a (non-significant) excess of lung cancer in these workers,(SMR134, 42 deaths observed, p>.0S, no CI provided) but also found a similar excess innon-mercury exposed Y-12 workers (SMR=1.34, 71 observed deaths, p.<.O5), suggestingthat mercury exposure was not associated with detectable mortality excesses in thispopulation. The authors note in the paper, however, that mortality is not the preferredendpoint to use in studies of the effects of mercury exposure.In the middle 1980s, long after the period of high-level exposure to mercury at Y-12 hadoccurred (1953-1965), a study of neurological effects was undertaken by scientistsassociated with the University of Michigan (Albers et al 1988). Clinical examinationswere given to 502 workers, of whom 247 had been exposed 20 to 35 years previously.Urine mercury levels were available for exposed workersBoth peak and cumulative mercury exposure were found to be correlated with each otherand with the presence of selected neurological abnormalities. Workers whose peakexposure exceeded O/6mgIL were found to have decreased strength, coordination andsensation, as well as increased tremor and prevalence of Babinski and snout reflexes.Workers with clinical neuropathy had significantly higher peak exposure levels(0.85mg/L vs. 0.61 mgIL) than normal workers. Mercury exposure duration was notcorrelated with these conditions.Ten years later, a follow-up study was conducted involving 104 mercury-exposedworkers and 101 non-exposed workers drawn from the same population (Letz et al 2000).For the most part, mercury exposure had ended 30 years before the clinical examinationswere performed and the mean age of the study subjects was, at the time of examination,71 years. A range of peripheral nerve function outcomes, principally definedelectrophysiologically, were found to be statistically significantly associated withcumulative mercury exposure, as were the results of the hand-eye coordination test andpostural tremor. Importantly, they found no relationship between mercury exposure anddementia or any measure of cognitive function. The authors note that these associationswere observed despite greater mortality in the exposed (compared with the unexposed)group, and sizable loss to follow-up.3. AsbestosWhile the occurrence of asbestos-related disease has not been studies in productionworkers at ORNL or Y-12, data from the medical surveillance program of Oak Ridgeconstruction workers strongly suggests that asbestos-related disease will be detected inproduction workers in these facilities. According to Dement et al (2003), 19% of\nVll-7\n construction workers employed at one or more of DOE Oak Ridge sites had radiographicabnormalities associated with asbestos exposure4. WeldingMortality among white, male welders employed at Y-12 and ORNL 1943 through 1985was examined in a series of studies (Polednak 1981; Wells, Cragle and Tankersly, 1998).The authors of the 1998 study assert that stainless steel welding was common at Y-12,and that the major contaminants were iron and chromium. Welders at both facilities alsoworked with aluminum The subpopulation employed at Y-12 or ORNL had elevatedrisk of cancer of the prostate (SMR = 2.33,95%CI1.00,4.60) and lung (SMR =1.34,95%CI=0.87,1.98).5.PhosgeneSignificant phosgene exposure occurred in the early years at Y-12. Polednak (1980),then Polednak and Hollis (1985) examined the mortality experience of Y-12 chemicalworkers who worked in departments where daily exposures to phosgene occurred. Aslightly elevated increase (SMR=1.21, 95% CI = 0.86,1.65) in all-cause mortality wasseen among male workers who were acutely exposed to high levels of phosgene, with anSMR of 2.66 (95% CI =0.86,6.22) for non-malignant respiratory disease. Included inthis is at least one death that appears to be directly attributable to acute phosgeneexposure.6. Central Nervous System (CNS) CancersA study examining the relationship of CNS cancer with radiation and chemical exposurewas conducted using the case-control method. The investigators selected study subjectsfrom Y-12 and ORNL. There was no clear association with either radiation or any of 26chemical exposures, although an increased risk of CNS cancer (OR = 7.0,95%CI=1.2,41) was observed among those employed for more than 20 years (Carpenter et al, 1987;Carpenter et al, 1988).\nVll-8\n References\nAlbers JW, Kallenbach LR, Fine U, Langoif GD, Wolfe RA, Donofrio PD, AlessiAG, Stoip-Smith KA, Bromberg MB. Neurological abnormalities associated with remoteoccupational elemental mercury exposure. Annals of Neurology 1988; 24:651-659.\nCarpenter AV, Flanders WD, Frome EL, Crawford-Brown DJ, Fry SA. CNS cancers andradiation exposure: a case-control study among workers at two nuclear facilities. Journalof Occupational Medicine 1987 ;29 :601-604.Carpenter AV, Flanders WD, Frome EL, Tankersley WG, Fry SA. Chemical exposuresand central nervous system cancers: a case-control study among workers at two nuclearfacilities. American Journal of Industrial Medicine 1988; 13:351-362.Checkoway H, Mathew RM, Shy CM, Watson JE Jr, Tankersley WG, Wolf SH;Smith C, Fry SA. Radiation, work experience, and cause specific mortality amongworkers at an energy research laboratory. British Journal of Industrial Medicine1985 ;42(8):525-33.Checkoway H, Pearce N, Crawford-Brown DJ, Cragle DL. Radiation doses and cause:specific mortality among workers at a nuclear matenals fabncation plant AmencanJournal of Epidemiology 1988; 127:255-366. Comment in: American Journal ofEpidemiology 1989; 129:639-640.Cragle DL, Hollis DR, Qualters JR, Tankersley WG, Fry SA. A mortality study of menexposed to elemental mercury. Journal of Occupational Medicine 1984; 26:817-821.Cragle D, Letz R. Undated. A study of the health effects of exposure to elementalmercury: A follow-up of mercury exposed workers at the Y-12 Plant in Oak Ridge,Tennessee. Final Report: NIOSH Contract No. 200-93-2629, 1997. Oak RidgeAssociated Universities and Emory University.Dement JM, Welch L, Bingham E, Cameron B, Rice C, Quinn P, Ringen 2003.Surveillance of respiratory diseases among construction and trade workers at Departmentof Energy nuclear sites. Am J md Med. Jun;43(6):559-73.Dupree E, Watkins J, Ingle J, Wallace P, West C, Tankersley W. Risk of lung canceramong uranium processing workers. Am J Epidmiol 138:640, 1993.Dupree EA, Watkins JP, Ingle JN, Wallace PW, West CM, Tankersley WG. Uraniumdust exposure and lung cancer risk in four uranium processing operations. Epidemiology1995; 6:370-375.\nVll-9\n Frome EL, Cragle DL, McLain RW. Poisson regression analysis of the mortality among acohort of WWII nuclear Industry Workers. Radiation Research 1990; 123:138-152.Frome EL, Cragle DL, Watkins JP, Wing S, Shy CM, Tankersley WG, West CM. Amortality study of employees of the nuclear industry in Oak Ridge, Tennessee. RadiationResearch 1997; 148:64-80. Published erratum appears in Radiat Res 1997; 148:297-298.]Gilbert ES, Cragle DL, Wiggs LD. Updated analyses of combined mortality data forworkers at the Hanford Site, Oak Ridge National Laboratory, and Rocky Flats WeaponsPlant. Radiation Research 1993; 136:408-421.Letz R, Gerr F, Cragle D, Green RC, Watkins J, Fidler AT. Residual neurologic deficits30 years after occupational exposure to elemental mercury. NeuroToxicology 2000;21:459-474.Loomis DP, Wolf SH. Mortality of workers at a nuclear materials production plant at OakRidge, Tennessee, 1947-1990. American Journal of Industrial Medicine 1996; 29:131-141. Comment in: American Journal of Industrial Medicine 1997; 31:121.Polednak AP. Mortality among men occupationally exposed to phosgene in 1943-1945. Environmental Research 1980; 22:357-367.Polednak AP. Mortality among welders, including a group exposed to nickel oxides.Archives of Environmental Health 1981; 36:235-241.Polednak AP, Frome EL. Mortality among men employed between 1943 and 1947at a uranium-processing plant. Journal of Occupational Medicine 1981; 23:169-178.Polednak AP, Hollis DR. Mortality and causes of death among workers exposed tophosgene in 1943-45. Toxicology and Industrial Health 1985; 1:137-15 1Richardson DB, Wing S. Radiation and mortality of workers at Oak Ridge NationalLaboratory: Positive associations for doses received at older ages. Environmental HealthPerspectives 1999; 107:649-656.Wilkinson GS, Trieff, N, Graham, R. 2000. Study of mortality among female nuclearweapons workers Buffalo, NY Department of Social and Preventative Medicine, Schoolof Medicine and Biomedical Sciences, University of Buffalo, State University of NewYork; (DHIEIS Grant Numbers: 1RO1 OHO3274, R01/CCR214546, R01/CCR61 2934-01,Final Report.)Wing 5, Richardson D, Wolf 5, Mihlan G, Crawford-Brown D, Wood J. 2000. A casecontrol study of multiple myeloma at four nuclear facilities. Annals of Epidemiology10:144-153.\nVII- 10\n Wing S, Shy CM, Wood JL, Wolf S, Cragle DL, Frome EL. Mortality among workers atOak Ridge National Laboratory. Evidence of radiation effects in follow-up through 1984.Journal of the American Medical Association 1991; 265:1397-1402. [Published errataappear in JAMA 1991; 266:657.]Wing5, Shy CM, Wood JL, Wolf S, Cragle DL, Tankersley W, Frome EL. Job factors,radiation and cancer mortality at Oak Ridge National Laboratory: follow-up through1984. American Journal of Industrial Medicine 1993; 23:265-279. Published errataappear in American Journal of Industrial Medicine 1993; 23:673.\nvil-li\n Attachments and Appendices: Exposure Assessment\nAttachment 1: Job Exposure Information SheetAttachment 2: Descriptive Building ReportAppendix Al: X-lO Risk Mapping ResultsAppendix Al: Y-l2 Risk Mapping ResultsAppendix Bl:Y-12 External DoseAppendix B2:Y-12 Urinalysis DataAppendix B3:X-lO External DoseAppendix B4:X-lO Urinalysis DataAppendix B5:X-lO In Vivo DataAppendix Cl: Y-12 Job TitlesAppendix C2: X-lO Job TitlesAppendix C3: Y-12 and X-lO Department Names and NumbersAppendix C4: X-lO Department Names and Numbers and Division TitlesAppendix C5: X-lO Building Names and Building NumbersAppendix Dl: Y-12 H&S Report Air Sampling SummaryAppendix D2: Y-12 H&S Report Urine Data SummaryAppendix D3: X-lO Health Physics Report Urine Data SummaryAppendix D4: X-lO Health Physics Report Occurrence Data SummaryAppendix El: X-lO Questionnaire Results SummaryAppendix E2: Y-l2 Questionnaire Results SummaryAppendix F: External Dose Summary Results\n Attachment 1\n Job Exposure Information SheetProcess Area and Description\nProcess Number(Assigned number)Building Name / # ___________ MapID NumberChenlicals or Agents(Assign a number to chemicals added to listandusenumber in lower table as needed)\nJobTitleor GroupChemical(s)Level ofFrequency ofComments.•(# from list)ExposureExposure .(High, Med,(Sometimes, .\n. .Low)Always)\n•-J-)- 1\n Attachment 2\n Descriptive Building Report\nDate Conducted:__________________ Numberof Participants.Investigators Names: _________________\n1.Site Name:______________2.Building Name: __________________________________3. Building Number _______________4.Years of Operation5.Summaryof Participants Work Histories(Describe the participan3 job titles, nature of their work, and years of experience — Donot identifyparticipants)\n6. Descriptipn and History of Major Processes or Operations\n8/22/2003Risk_Map_session_summary Mtz —j\n 7. Describe the major exposures that took place within the building over time\n,S\n8.Describe the Workforce within the Building over time\n9. Other Information of Interest\n(This section may include accidents, incidents, information regarding the changes that took place over timewithin the building, etc.)\n8/22/2003Risk_Map_session_summary\n 10. Industrial Hygiene / Health Physicsa. Summary of External Dose measurements.(type of dosimetry, primary radiation, frecuency)\nb. Summary of Internal Dose monitoring(type, radionuclide tested for, frequency, specials)\nc. Contamnation Control and Monitoring Practices'\nd. Was any IH monitoring performed? If so, for what substances? Frequency?\n8/22/2003Risk_Mapsession_summary\n e. Summary ÔfPPE requirements and practices over time?\n,,\nf.Summary of Work Practices over time?\nOTHERCOMMENTS:\n8/22/20 03Risk_Map_session_summary\n Appendix A.\n A-iX-1O Risk Mapping Results, S\n ) ) ) \nX-10 Risk Mapping Results \nSummary Report \nChemical Building Name 1 Building Number Process Area I Job \nFission Products High Rad. Level Analytical Lab. 2026 Hot Cells and glove boxes \nTritium High Rad. Level Analytical Lab. 2026 storage \n1-131 Graphite Reactor 3001 . \nPlutonium Graphite Reactor 3001 - \nExternal radiation Bulk Shield Reactor 3010 HPs - \nneutron Bulk Shield Reactor 3010 . HPs \nExternal radiation Bulk Shield Reactor 3010 Research Scientists - \nneutron Bulk Shield Reacior 3010 Research Scientists \nExternal radiation Bulk Shield Reactor 3010 Reactor Operators \nneutron Bulk Shield Reactor - 3010 Reactor Operators \nHydorlic Fluids Seperations Bldg 3019 Pipe Tunnel - Maintenance \nInternal radiation Seperations Bldg 3019 -Pipe Tunnel Maintenance \nExternal radiation Seperations Bldg 3019 Pipe Tunnel \n- Maintenance \nHydorlic Fluids Seperations Bldg 3019 Pipe Tunnel Chemical Operators \nInternal radiation Seperations Bldg 3019 Pipe Tunnel Chemical Operators \nExternal radiation Seperations Bldg 3019 Pipe Tunnel Chemical Operators \nInternal radiation Seperations Bldg 3019 - Basement Chemical Operators \nExternal radiation Seperations Bldg 3019 Basement - Chemical Operators \n- \nInternal radiation Seperations Bldg -3019 - Basement Maintenance \nExternal radiation Seperations Bldg 3019 Basement - Maintenance \nFluoride Seperations Bldg 3019 Fluoride Volatility Process Chemical Operatbrs \nUF6 Séperations Bldg 3019 Fluoride Volatility Process Operators \nChemical HF Seperations Bldg 3019 Fluoride Volatility \nExternal radiation Seperations Bldg 3019 Fluoride Volatility Process Chemical Operators \nInternal radiation Seperations Bldg• 3019 Fluoride Volatility Process Chemical Operators \nBeryllium Seperations Bldg 3019 Fluoride Volatility Process Chemical Operators \nHeat Seperations Bldg 3019 Fluoride Volatility Process Chemical Operators \nFluoride Seperations Bldg 3019 Fluoride Volatility Process Maintenance \nUF6 Seperations Bldg 3019 Fluoride Volatility Process Maintenance -- \nHF Seperations Bldg 3019 Fluoride Volatility Process - Maintenance \nExternal radiation Seperations Bldg 3019 Fluoride Volatility Process Maintenance \nInternal radiation Seperations Bldg 3019 Fluoride Volatility Process Maintenance \nBeryllium Seperations Bldg 3019 Fluoride Volatility Process Maintenance - \nHeat Seperations Bldg 3019 - Fluoride Volatility Process Maintenance \n X-10 Risk Mapping Results \nSummary Report \nChemical Building Name Building Number Process Area Job \nExternal radiation Seperations Bldg 3019 Analytical Lab - A Lab chemists \nInternal radiation Seperations Bldg 3019 Analytical Lab - A Lab chemists \nHeat Seperations Bldg 3019 penthouse Chemical Operators \nInternal radiation Seperations Bldg 3019 - penthouse Chemical Operators \nExternal radiation Seperations Bldg 3019 penthouse Chemical Operators \nAsbestos Seperations Bldg 3019 penthouse Chemical Operators \nPCBs \nHeat Seperations Bldg \nSeperatios Bldg 3019 \n3019 penthouse \npenthouse Chemical Operators \nMaintenance \nInternal radiation Seperations Bldg 3019 penthouse Maintenance \nExternal radiation Seperations Bldg 3019 penthouse Mainteilance \nAsbestos Seperations Bldg 3019 penthouse Maintenance \nPCB5 Seperations Bldg 3019 - penthouse Maintenance \nHeat Seperations Bldg 3019 Purex Chemical Operators \nInternal radiation Seperations Bldg 3019 Purex Chemical Operators \nExternal radiation Seperations Bldg 3019 Purex Chemical Operators \nNitric Acid Seperations Bldg 3019 Purex Chemical Operators \nAluminum Nitrate Seperations Bldg 3019 Purex Chemical Operators \nHeat Seperations Bldg 3019 Purex Maintenance \nInternal radiation Seperations Bldg -3019 - Purex - Maintenance \nExternal radiation Seperations Bldg 3019 Purex - Maintenance \nNitric Acid Seperations Bldg 3019 Purex Maintenance- \nAluminum Nitrate Seperations Bldg 3019 Purex -Maintenance \nInternal radiation Seperations Bldg 3019 Purex Pulse Columns Chemical Operators \nExternal radiation \nTributylphosphate (TBP) Seperations Bldg \nSeperations Bldg 3019 \n3019 Purex Pulse Columns \nPurex Pulse Columns Chemical Operators \nChemical Operators \nAmsco (Kerosene) Seperations Bldg 3019 Purex Pulse Columns Chemical Operators \nNitric Acid Seperations Bldg 3019 Purex Pulse Columns Chemical Operators \nInternal radiation Seperations Bldg 3019 Purex Pulse Columns Maintenance \nExternal radiation Seperations Bldg 3019 Purex Pulse Columns Maintenance \nTributylphosphate (TBP) Seperations Bldg 3019 Purex Pulse Columns - Maintenance \nAmsco (Kerosene) Seperations Bldg 3019 Purex Pulse Columns Maintenance \nNitric Acid \nFluoride Seperations Bldg \nSeperations Bldg 3019 \n3019 - Purex Pulse Columns \nFluoride Volatility Process Maintenance \nForeman - \nUF6 Seperations Bldg 3019 Fluoride Volatility Process Foreman \n ) \nX-10 Risk Mapping Results \nSummary Report \nChemical Building Name Building Number Process Area - Job - \nHF Seperations Bldg 3019 Fluoride Volatility Process Foreman \nExternal radiation Seperations Bldg 3019 Fluoride Volatility Process Foreman \nInternal radiation Seperations Bldg 3019 Fluoride Volatility Process Foreman \nBeryllium Seperations Bldg 3019 Fluoride Volatility Process Foreman \nHeat Seperations Bldg 3019 Fluoride Volatility Process Foreman \nFluoride Seperations Bldg 3019 Fluoride Volatility Process Pipefitters \nU F6 Seperations Bldg 3019 Fluoride Volatility Process Pipefitters \nHF - Separations Bldg 3019 Fluoride Volatility Process Pipefitters \nExternal radiation Seperations Bldg 3019 Fluoride Volatility Process Pipefitters \nInternal radiation Seperations Bldg 3019 Fluoride Volatility Process Pipefitters \nBeryllium Seperations Bldg 3019 Fluoride Volatility Process Pipefltters \nHeat Seperations Bldg 3019 Fluoride Volatility Process Pipefitters \nFluoride Seperations Bldg 3019 Fluoride Volatility Process Millwrights \nUF6 Seperations Bldg 3019 Fluoride Volatility Process Millwrights \nHF Seperations Bldg 3019 Fluoride Volatility Process Millwrights \nExternal radiation Seperations Bldg 3019 Fluoride Volatility Process Millwrights \nInternal radiation Separations Bldg 3019 Fluoride Volatility Process Millwrights - \nBeryllium Seperations Bldg 3019 Fluoride Volatility Process Millwrights \nHeat Seperations Bldg 3019 Fluoride Volatility Process Millwrights \nFluoride Separations Bldg 3019 Fluoride Volatility Process \nUF6 Seperations Bldg 3019 Fluoride Volatility Process \nElectrician HF Separations Bldg 3019 Fluoride Volatility Process \nExternal radiation Seperations Bldg 3019 Fluoride Volatility Process Electrician \nInternal radiation Seperations Bldg 3019 Fluoride Volatility Process Electrician \nBeryllium Separations Bldg 3019 Fluoride Volatility Process - Electrician \nHeat \nFluoride Seperations Bldg 3019 Fluoride Volatility Process Electrician - \nSeparations Bldg 3019 Fluoride Volatility Process Instrument Mechanic \nUF6 Separations Bldg 3019 Fluoride Volatility Process Instrument Mechanic \nHF Seperations Bldg \nSeperations Bldg 3019 Fluoride Volatility Process Instrument Mechanic \nMechanic External radiation 3019 Fluoride Volatility Process Instrument \nMechanic Internal radiation Separations Bldg 3019 Fluoride Volatility. Process Instrument \nMechanic Beryllium Seperations Bldg 3019 Fluoride Volatility Process \nHeat \nFluoride j Separations Bldg \nSeperations Bldg 3019 -. \n3019 Fluoride Volatility Process \nFluoride Volatility Process Instrument Mechanic \nWelder \n ) ) ) \nX-l 0 Risk Mapping Results \nSummary Report \nChemical Building Name Building Number Process Area I Job \nUF6 Seperations Bldg 3019 \nSeperations Bldg 3019 Fluoride Volatility Process Welder \nHF Fluoride Volatility Process Welder \nExternal radiation 1 Sepèrations Bldg 3019 Fluoride Volatility Process Welder \nInternal radiation t Seperations Bldg 3019 - Fluoride Volatility Process Weldec \nBeryllium Seperations Bldg 3019 Fluoride Volatility Process Welder - \nHeat Seperations Bldg 3019 Fluoride Volatility Process Welder \nHydorlic Fluids Seperations Bldg 3019 Pipe Tunnel Maintenance \nInternal radiation ' Seperations Bldg 3019 Pipe Tunhel iittenance \nExternal radiation Seperations Bldg 3019 Pipe Tunnel . Maintenance \nHydorlic Fluids Seperations Bldg 3019 Pipe Tunnel Foreman \nInternal radiation Seperations Bldg . 3019 Pipe Tunnel - Foreman \nExternal radiation Seperations Bldg 3019 Pipe Tunnel Foreman \nHydorlic Fluids Seperations Bldg 3019 Pipe Tunnel Pipefitters \nInternal radiation Seperations Bldg 3019 - Pipe Tunnel• Pipefitters \nExternal radiation Seperations Bldg 3019 Pipe Tunnel Pipefitters \nHydorlic Fluids Seperations Bldg 3019 Pipe Tunnel Millwrights \nInternal radiation Seperations Bldg 3019 Pipe Tunnel' Millwrights \nExternal radiation Seperations Bldg 3019 Pipe Tunnel Millwrights \nHydorlic Fluids Seperations Bldg 3019 - Pipe Tunnel - Electrician \nInternal radiation Seperations Bldg 3019 Pipe Tunnel Electrician \nExternal radiation Seperations Bldg 3019 Pipe Tunnel Electrician - - \nHydorlic Fluids Seperations Bldg 3019 Pipe Tunnel Instrument Mechanic \nInternal radiation Seperations Bldg 3019 Pipe Tunnel Instrument Mechanic \nExternal radiation Seperations Bldg 3019 Pipe Tunnel \nPipe Tunnel Instrument Mechanic \nHydorlic Fluids Seperations Bldg 3019 Welder \nInternal radiation Seperations Bldg 3019 Pipe Tunnel Welder \nExternal radiation Seperations Bldg 3019 Pipe Tunnel ' Welder \nHeat \nInternal radiation Seperations Bldg \nSeperations Bldg 3019 \n3019 penthouse \n- penthouse Foreman \nForeman \nExternal radiation Seperations Bldg 3019 penthouse - , Foreman \nAsbestos Seperations Bldg 3019 penthouse Foreman \nPCBs Seperations Bldg 3019 - penthouse Foreman \nHeat Seperations Bldg 3019 , penthouse Millwrights \nInternal radiation Seperations Bldg 3019 penthouse ' Millwrights \n ) \nX-1 0 Risk Mapping Results \nSummary Report \nChemical Building Name Building Number Process Area - Job \nExternal radiation Seperations Bldg 3019 penthouse Millwrights \nAsbestos Seperations Bldg 3019 penthouse Millwrights \nPCBs Seperations Bldg 3019 penthouse Millwrights \nHeat Seperations Bldg 3019 penthouse Pipefitters- \nInternal radiation Seperations Bldg 3019 penthouse . Pipefitters \nExternal radiation Seperations Bldg 3019 penthouse Pipefitters \nAsbestos Seperatsons Bldg 3019 penthouse Pipefitters \nPCBs Seperations Bldg 3019 - penhoUse Pipefillers \nHeat Seperations Bldg 3019 . penthouse Electrician \nInternal radiation Seperations Bldg 3019 penthouse Electrician \nExternal radiation Seperations Bldg . . 3019 penthouse Electrician \nAsbestos Seperations Bldg 3019 penthouse Electrician \nPCBs Seperations Bldg 3019 penthouse Electrician \nHeat Seperations Bldg 3019 penthouse Instrument Mechanic \nInternal radiation Seperations Bldg 3019 penthouse Instrument Mechanic \nExternal radiation Seperations Bldg 3019 penthouse Instrument Mechanic \nAsbestos . Seperations Bldg 3019 penthouse Instrument Mechanic \nPCBs Seperations Bldg 3019 penthouse Instrument Mechanic \nHeat Seperations Bldg 3019 penthouse Welder \nInternal radiation Seperations Bldg 3019 . penthouse Welder \nExternal radiation Seperations Bldg 3019 penthouse Welder \nAsbestos Seperations Bldg 3019 penthouse Welder \nPCBs Seperations Bldg 3019 penthouse Welder \nHeat Seperations Bldg 3019 - Purex Foreman \nInternal radiation Seperations Bldg 3019 Purex - Foreman \nExternal radiation Seperations Bldg 3019 Purex. Foreman - \nNitric Acid Seperations Bldg 3019 . Purex Foreman \nAluminum Nitrate Seperations Bldg 3019 Purex Foreman \nInternal radiation Seperatiohs Bldg 3019 Purex Pulse Columns Foreman \nExternal radiation Seperations Bldg 3019 Purex Pulse Columns Foreman \nTributylphosphate (TBP) Seperations Bldg 3019 Purex Pulse Columns . - Foreman \nAmsco (Kerosene) Seperations Bldg 3019 Purex Pulse Columns - Foemän \nNitric Acid Seperations Bldg 3019 - Purex Pulse Columns. Foreman \nHeat . Seperations Bldg 3019 Purex Pipefitters \n ) ) \nX-1 0 Risk Mapping Results \nSummary Report \nChemical Building Name Building Number Process Area Job \nInternal radiation Seperations Bldg 3019 Purex Pipefitters \nExternal radiation Seperations Bldg 3019 Purex Pipefitters \nNitric Acid Seperations Bldg 3019 Purex - Pipefitters \nAluminum Nitrate Seperations Bldg 3019 - Purex Pipefitters \nInternal radiation Seperations Bldg 3019 Purex Pulse Columns Pipefitters - \nExternal radiation Seperations Bldg 3019 Purex Pulse Columns Pipefitters \nTributylphosphate (TBP) Seperations Bldg 3019 Purex Pulse Columns Pipefitters -. - \nAmsco (Kerosene) . Seperations Bldg .3019 Purex Pulse Columns Pipefitters \nNitric Acid Seperations Bldg 3019 Purex Pulse Columns Pipefitters \nHeat Seperations Bldg 3019 Purex Electricin \nInternal radiation Seperations Bldg 3019 Purex - \n- Electrician \nExternal radiation Seperations Bldg 3019 Purex Electrician \nNitric Acid 1 Seperations Bldg 3019 Purex Electrician \nAluminum Nitrate Seperations Bldg 3019 - Purex Electrician \nInternal radiation Seperations Bldg 3019 Purex Pulse Columns. Electrician \nExternal radiation Seperations Bldg 3019 Purex Pulse Columns Electrician \nTributyiphosphate (TBP) Seperations Bldg 3019 Purex Pulse Columns Electrician \nAmsco (Kerosene) Seperations Bldg 3019 Purex Pulse Columns - Electrician \nNitric Acid Seperations Bldg - 3019 - Purex Pulse Columns - Electrician \nHeat Seperations Bldg 3019 Purex - Millwrights \nInternal radiation Seperations Bldg 3019 Purex Millwrights - \nExternal radiation Seperations Bldg 3019 Purex - Millwrights - \nNitric Acid Seperations Bldg 3019 Purex Millwrights \nAluminum Nitrate Seperations Bldg 3019 Purex Millwrights - \nInternal radiation Seperations Bldg 3019 Purex Pulse Columns Millwrights \nExternal radiation Seperations Bldg 3019 Purex Pulse Columns Millwrights \nTributylphosphate (TBP) Seperations Bldg 3019 Purex Pulse Columns Millwrights \nAmsco (Kerosene) Seperations Bldg 3019 Purex Pulse Columns Millwrights \nNitric Acid Seperations Bldg 3019 . Purex Pulse Columns• Millwrights \nHeat Seperations Bldg 3019 Purex Instrument Mechanic \nInternal radiation Seperations Bldg 3019 Purex - Instrument Mechanic \nExternal radiation Seperations Bldg 3019 Purex Instrument Mechanic \nNitric Acid Seperations Bldg 3019 Purex Instrument Mechanic \nAluminum Nitrate Seperations Bldg 3019 Purex Instrument Mechanic \n X-1 0 Risk Mapping Results \nSummary Report \nChemical i Building Name Building \nPurex Pulse Columns - \nInstrument Mechanic Internal radiation Seperations Bldg \nPurex Pulse Columns Instrument Mechanic \nInstrument Mechanic \nInstrument Mechanic \nInstrument Mechanic External radiation \nTributylphosphate (TBP) \nAmsco (Kerosene) Seperations Bldg \nSeperations Bldg \nSeperations Bldg 3019 \n3019 \n3019 Purex Pulse Columns \nPurex Pulse Columns \nPurex Pulse Columns Nitric Acid - Seperations Bldg Purex Welder Heat Seperations Bldg \n3019 Purex Welder Internal radiation Seperations Bldg \n3019 Purex Welder External radiation Seperations Bldg — \n3019 Purex Welder Nitric Acid Seperations Bldg \n3019 Purex Welder \nWelder Aluminum Nitrate Seperations Bldg \nSeperations Bldg 3019 Purex Pulse Columns Internal radiation \n3019 Purex Pulse Columns Welder \nWelder External radiation Seperations Bldg \nPurex Pulse Columns \nTributylphosphate (TBP) Seperations Bldg \nSeperations Bldg 3019 \n3019 Purex Pulse Columns Welder Amsco (Kerosene) 3019 Purex Pulse Columns Welder Nitric Acid \nExternal radiation Seperations Bldg \nSeperations Bldg 3019 Sampling Column \nSampling Column Chemical Operators \nChemical Operators Internal radiation Seperations Bldg \n3019 \n3019 Sampling Column \nSampling Column Group Leader \nGroup Leader \nSampling \nSampling \nShift Supervisor \nShift Supervisor \nForeman \nForeman External radiation \nInternal radiation Seperations Bldg \nSeperations Bldg \n3019 \n3019 \n3019 Sampling Column External radiation \nInternal radiation \nExternal radiation \nInternal radiation \nExternal radiation Seperations Bldg \nSeperations Bldg Sampling Column \nSampling Column Seperations Bldg \n3019 Sampling Column Seperations Bldg \nSeperations Bldg 3019 \n3019 Sampling Column- \nSampling Column Internal radiation Seperations Bldg \n3019 Sampling Column \nSampling Column Pipefitters - \nExternal radiation \nInternal radiation \nExternal raation \nInternal radiation \nExternal radiation \nInternal radiation \nExternal radiation \nInternal radiation \nExternal radiation Seperations Bldg \nSeperations Bldg \nSeperatons Bldg \nSeperations Bldg \nSeperations Bldg \nSeperationS Bldg 3019 — \nPipefitters \n3019 \n3019 \n3019 \n3019 \n3019 Sampling Column \nSampIig Column \nSampling Column • \nSampling Column \nSampling Column Millwrights \nMillwrights \nElectrician \n- Electrician \nInstrument Mechanic \nSeperations Bldg \n3019 - Sampling Column Instrument Mechanic \nSeperations Bldg \n3019 Sampling Column Welder \nSeperations Bldg \n X-I0 Risk Mapping Results \nSummary Report \nChemical Building Name Building \nSampling Column - \nWelder Internal radiation Seperations Bldg Cell Ventillation Maintenance Acids Seperations Bldg 3019 \n3019 Cell Ventiliation Maintenance Internal radiation \nExternal radiation Seperations Bldg \nSeperations Bldg 3019 Cell Ventillation \nPurex Maintenance \n— Pu-239 Seperations Bldg \nF 3019 \n3028 Hot cells Curium - Cobalt Radioisotope Processing Bldg \nHot cells Radioisotope Processing Bldg F 3028 \n3029 Hot cells \nHot cells . - \nHPs Curium Radioisoiope PioeessiriQ bldg E \n3029 Cobalt Radioisotope Processing Bldg E \n3038 Hot Cells and glove boxes Alpha adioisotope Analytical & Packing BId \n3038 Hot Cells and glove boxes HPs lodine-131 adioisotope Analytical & Packing Bid \nBId 3038 Hot Cells and glove boxes HPs \n• Technecium-99m adioisotope Analytical & Packing \n3038 Hot Cells and glove boxes HPs \nStrontium-90 adioisotope Analytical & Packing BId \nHot Cells and glove boxes HPs Cesium-I 37 adioisotope Analytical & Packing Bid \n3038 Hot Cells and glove boxes HPs \n— Molybdenum adioisotope Analytical & Packing Bid \nHot Cells and glove boxes HPs Tritium adioisotope Analytical & Packing Bid 3038 \nHot Cells and glove boxes Chemical Operators \nAlpha adioisotope Analytical & Packing BId \nBid 3038 \n3038 Hot Cells and glove boxes Chemical Operators lodine-131 \nTechnecium-99m adioisotope Analytical & Packing \nachoisotope Analytical & Packing BId 3038 \n:3038 Hot Cells and glove boxes \nHot Cells and glove boxes Chemical Operators \nChemical Operators Strontium-90 \nCesium-i 37 adioisotope Analytical & Packing BId — \n3038 \n3038. Hot Cells and glove boxes Chemical Operators adioisotope Analytical & Packing BId \nBid Hot Cells and glove boxes Chemical Operators \nMolybdenum \nTritium \nAlpha \nIodine-i 31 \nTechnecium-99m \nStrontium-90 \nCesium-i 37 \nMolybdenum \nTritium \n— External radiation \nneutron \nExternal radiation \nneutron adioisotope Analytical & Packing \nadioisotope Analytical & Packing Bid \nadioisotope Analytical & Packing BId \nadioisotope Analytical & Packing Bid \nadiolsotope Analytical & Packing BId \nBid 3038 \n3038 - \n3038 \n3038 \n3038 Hot Ce!ls and glove boxes \nHot Cells and glove boxes \nHot Cells and glove boxes \nHot Cells and glove boxes \nHot Cells and glove boxes Chemical Operators \nMaintenance \nMaintenance \nMaintenance \nMaintenance adloisotope Analytical & Packing . \n3038 Hot Cells and glove boxes Maintenance adiolsotope Analytical & Packing BId \nHot Cells and glove boxes Maintenance adioisotope Analytical & Packing BId \nHotCells md glove boxes Maintenance \nHPs adioisotope Analytical & Packing Bid \n3042 ORR \n3042 \n3042 \n3042 - . - HFs- \nResearch Scientists ORR \nORR \nORR . \n. Research Scientists- \n ) ) \nX-10 Risk Mapping Results \nSummary Report \nChemical I Building Name Building Number Process Area \nExternal radiation ORR 3042 Reactor Operators \nReactor neutron ORR 3042 Operators \nlrridium-192 Radioisotope Development Lab. 3047 \n— \nTritium Radioisotope Development Lab. 3047 Hot Cells and glove boxes - \nCurium Radioisotope Development Lab. 3047 Hot Cells and glove boxes . \nExternal radiation Interim Manipulator Repair Facility 3074 Manipulator Shop Millwrights \nInternal radiation Interim Manipulator Repair Facility 3074 Manipulator Shop Millwrights \nElectrician External radiation hitrirn Manipulator Repair Facility 3074 Manipulator Shop \nElectrician Internal radiation Interim Manipulator Repair Facility 3074 Manipulator Shop \nHPs neutron LITR 3085 Training Reactor \nHPs \nResearch Scientists External radiation LITR 3085 Training Reactor \nneutron LITR 3085 Training \nExternal radiation LITR 3085 Training Reactor Research Scientists \nneutron LITR 3085 -Training Reactor Reactor Operators \nExternal radiation LITR 3085 Training Reactor Reactor Operators \nChemical Heat Metal Recovery Bldg. 3505 Purex Production Operators \nChemical Internal radiation Metal Recovery Bldg. 3505 - Purex Production \nChemical External radiation Metal Recovery Bldg. 3505 Purex Production \nProduction -Chemical Operators Nitric Acid \nAluminum Nitrate Metal Recovery Bldg. 3505 Purex \nChemical Metal Recovery Bldg. 3505 Purex Production Operators \nTributyiphosphate (TBP) Metal Recovery Bldg. 3505 Purex Production Chemical Operators \nChemical Amsco (Kerosene) Metal Recovery Bldg. \nMetal Recovery Bldg. 3505 Purex Production \nTechnicians Heat 3505 \n3505 Purex Production \nTechnicians Internal radiation Metal Recovery Bldg. Purex Production \nProduction - \nTechnicians External radiation Metal Recovery Bldg. 3505 Purex \nTechnicians Nitric Acid Metal Recovery Bldg. 3505 Purex \nTechnicians Aluminum Nitrate Metal Recovery Bldg. 3505 Purex Production \nTechnicians Tributylphosphate (TBP) Metal Recovery Bldg. 3505 Purex Production \nProduction Technicians Amsco (Kerosene) Metal Recovery Bldg. 3505 Purex \nLeader Heat Metal Recovery Bldg. \nInternal radiation Metal Recovery Bldg. \nExternal radiation Metal Recovery Bldg. 3505 \n3505 Purex Production \nPurex Production - Group \nGroup Leader \nLeader 3505 - Purex Production — Group \nLeader Nitric Acid Metal Recovery Bldg. 3505 Purex Production \nProduction Group \nGroup Leader Aluminum Nitrate Metal Recovery Bldg. 3505 Purex \n- \n ) \nX-I 0 Risk Mapping Results \nSummary Report \nChemical Building Name Building Number I \nProduction - \nGroup Leader Tributylphosphate (TBP) Metal Recovery Bldg. 3505 Purex j \nProduct!on Group Leader Amsco (Kerosene) Metal Recovery Bldg. \nMetal Recovery Bldg. 3505 Purex \nProduction Foreman Heat 3505 Purex \nProduction Foreman Internal radiation- Metal Recovery Bldg. 3505 Purex \nProduction - \nForeman External radiation Metal Recovery Bldg. 3505 Purex \nProduction -- \nForeman Nitric Acid Metal Recovery Bldg. 3505 Purex \nProduction Foreman Aluminum Nitrate Metal Recovery Bldg. 3505 Purex \nForeman -Thbui.ylphusphate (TBP) Metal Recovery Bldg: 3505 \nProduction Foreman Amsco (Kerosene) Metal Recovery Bldg. 3505 Purex \nPurex Production Maintenance Heat Metal Recovery Bldg. 3505 \nPurex Production Maintenance Internal radiation Metal Recovery Bldg. 3505 \nProduction Maintenance External radiation Metal Recovery Bldg. 3505 Purex \nProduction Maintenance Nitric Acid Metal Recovery Bldg. 3505 \nProduction Maintenance Aluminum Nitrate Metal Recovery Bldg. 3505 Purex \nPurex Production Maintenance \nTributylphosphate (TBP) Metal Recovery Bldg. \nMetal Recovery Bldg. 3505 \nPurex Production Maintenance Amsco (Kerosene) 3505 \nHot Cells Transuranics Fission Product Development Lab 3517 \n3517 Hot cells Chemical Operators Cesium-I 37 Fission Product Development Lab \nHot cells Chemical Operators Cerium-144 Fission Product Development Lab 3517 \nChemical Operators Strontium-90 \nCesium-I 37 Fission Product Development Lab 3517 Hot cells \nPipefitters Fission Product Development Lab 3517 Hot \nHot cells - \nPipefitters \nPipefitters Cerium-i 44 Fission Product Development Lab - \ncells Strontium-90 Fission Product Development Lab 3517 - \nHot cells Millwrights 3517 - Cesium-I 37 \nCerium-i 44 \nStrontium-90 Fission Product Development Lab \nHot cells Millwrights Fission Product Development Lab \nFission Product Development Lab 3517 \n3517 Hot cells - \nHot cells Millwrights - \nSheet Metal Workers Cesium-I 37 Fission Product Development Lab \nHot cells Sheet Metal Workers Cerium-I 44 Fission Product Development Lab 3517 \nHot cells Sheet Metal Workers Strontium-90 Fission Product Development Lab 3517 \nHot cells Welders Cesium-I 37 Fission Product Development Lab 3517 \nHot cells Welders Cerium-144 Fission Product Development Lab 3517 \nHot cells - Welcfers Strontium-90 Fission Product Development Lab 3517 . \nHot cells Instrument Mechanic Cesium-l 37 Fission Product Development Lab 3517 . \n3517 Hot cells Instrument Mechanic Cerium-I44 Fission Product Development Lab . \n X-IO RiskMapping Results \nSummary Report \nChemical Building Name Building Number \nHot cells Instrument Mechanic Strontium-90 \nCesium-I 37 \nCerium-144 Fission Product Development Lab \nFission Product Development Lab \nFission Product Development Lab 3517 \n3517 \n3517 . \nHot cells \nHot cells \ncells - Chemical Technician \nChemical Technician \nChemical Tecbnician Strontium-90 Fission Product Development Lab 3517 \nHot cells Maintenance 3517 Cesium-I 37 \nCerium-i 44 Fission Product Development Lab \nFission Product Development Lab 3517 \n3517 Hot cells \nHot cells - \nMaintenance \nMaintenance Strontium-90 Fission Product Development Lab \n- Cell 10 Maintenance - \nChemical Operators Strontium-90 Fission Product Development Lab 3517 \n3517 Cell 10 Strontium-90 Fission Product Development Lab \nCells and Glove Boxes Internal radiation High Rad. Level Examination Lab. 3525 \nCells and Glove Boxes Plutonium High Rad. Level Examination Lab. 3525 \n3525 Cells and Glove Boxes - \nCurium High Rad. Level Examination \nHot Cells Plutonium \nAmericium igh Rad. Level Chem. Develop. La 4507 \nHot Cells igh Rad. Level Chem. Develop. La 4507 - \nHot Cells Curium igh Rad. Level Chem. Develop. La 4507 \nHot Cells Tramex igh Rad. Level Chem. Develop. La 4507 \nreactor HPs \n— neutron DSAR 7710 power \nlow reactor HPs \nExternal radiation \nneutron DSAR \nHEIR \nHFIR 7710 \n7900 power \n- \nExternal radiation 7900 ) \n A-2Y-12 Risk Mapping Results\n ) ) ) \nY-12 Risk Mapping Results \nSummary Report \nChemical Building Name Building Number Process \nR & D Mechanics Radiation velopment Lab and Offi 9202 Development \nR & D Mechanics Welding Fumes velopment Lab and Offi 9202 Development \nR & D Mechanics Radiation velopment Lab and Offi 9203 Development \nR & D Mechanics Welding Fumes velopment Lab and Offi 9203 \n9203 Development \nR & D Mechanics Uranium velopment Lab and Offi Development \nRadiation Chemical Building 9206 \nRadiation Chemical Building 9206 V \nRadiation Chemical Building 9206 \nEnriched Uranium Chemical Building 9206 \nV \nUranium wI metal alloys Chemical Building 9206 \nRadiation Biology Bldgs 9207 - \nScientists - \nLead Biology Lab 9207 \nScientists PCBs Biology Lab 9207 \n9207 - Scientists — Asbestos Biology Lab \nScientists Radiation Biology Lab 9207 \nScientists Red Dye Biology Lab 9207 \n- Radiation Biology Bldgs 9208 - \nScientists Lead \nPCBs \nAsbestos \nRadiation \nRed Dye Biology Maintenance 9208 \nScientists Biology Maintenance 9208 - \nScientists Biology Maintenance 9208 \nScientists Biology Maintenance \nBiology Maintenance 9208 \n9208 Scientists - \n- \nRadiation \nLead Biology Bldgs 9210 \n9210 Scientists Rat Building' Scientists PCBs —— \nAsbestos Rat Building' \nRat Building' 9210 \n9210 Scientists \nScientists Radiation Rat Building' 9210 \nScientists Red Dye Rat Building' 9210 V \nRadiation Biology Bldgs 9211 \nScientists Lead \nPCBs \nAsbestos \nRadiation \nRed Dye Biology Lab 9211 V \nScientists- Biology Lab 9211 \nScientists Biology Lab \nBiology Lab \nBiology Lab 9211 V \n1 Scientists \nScientists 9211 \n ) ) \nY-12 Risk Mapping Results \nSummary Report \nChemical Building Name I Building Number Process Area Job \nUranium Chemical and Metallur 9212 Foundry \nU-238 Chemical and Metallur 9212 Foundry \nPercolene \nEnriched Uranium Chemical and Metallur 9212 M-Wing Rolling Mills - \nChemical and Metallur 9212 M-Wing Rolling Mills \n. \nUF4 Chemical and Metallur 9212 UF4 production \nUF4 Chemical and Metallur 9212 m Recovery and Processing \nRadiation Chemical and Metallur 9212 X-ray Vaults \nHF \nHF Clieinieal andMetallur 9212 UF4 production \nChemical and Metallur 9212 m Recovery and Processing \nRadiation Chemical and Metallur 9212 X-ray Vaults . \nGraphite Chemical and Metallur 9212 Carbon Shop - \nCadmium Chemical and Metallur 9212 Cadium plating. \nInternal Radiation Chemical and Metallur 9212 Floor Decontamination Chemical Operators \nUranium Chemical and-Metallur 9212 Floor Decontamination Chemical Operators • \nU-238 Chemical and Metallur 9212 machining Machinists. - \nTungsten Chemical and Metallur 9212 machining Machinists . \nMagnesium Chemical and Metallur 9212 machining Machinists \nmethanol \ntrimsol Chemical and Metallur 9212 machining Machinists \n- Chemical and Metallur 9212 - machining Machinists - \nU-238 Chemical and Metallur 9212 machining Machine Cleaners \nTungsten Chemical and Metallur 9212 machining Machine Cleaners \nMagnesium Chemical and Metallur 9212 \n9212 machining Machine Cleaners \nmethanol Chemical and Metallur machining Machine Cleaners \ntrimsol Chemical and Metallur 9212 machining Machine Cleaners \nOilers U-238 Chemical and Metallur 9212 machining \nTungsten \nMagnesium Chemical and Metallur \nChemical and Metallur 9212 \n9212 machining \nmachining Oilers \nOilers \nOilers methanol Chemical and Metallur 9212 machining \ntrimsol Chemical and Metallur 9212 machining Oilers \nU-238 \nTungsten Chemical and Metallur 9212 machining Maintenance \nChemical and Metallur 9212 machining Maintenance \nMagnesium Chemical and Metallur 9212 machining Maintenance \nmethanol Chemical and Metallur 9212 machining Maintenance \ntrimsol Chemical and Metallur 9212 machining Maintenance \n ) ) \nY-12 Risk Mapping Results \nSummary Report \nChemical Building Name Building Number Process Area Job \nNoise Chemical and Metallurj 9212 B and C wings Chemical Operators \nHF Chemical and Metallur 9212 B and C wings Chemical Operators \nUF4 I Chemical and Metallur 9212 B and C wings Chemical Operators \nFuming Nitric Acid Chemical and Metallur 9212 B and C wings Chemical Operators \nSodium Hydroxide Chemical and Metallur 9212 B and C wings Chemical Operators \nLithium Chemical and Metallur 9212 B and C wings Chemical Operators \nNoise Chemical and Metallur 9212 B and C wings Electricians \n. \nHE Chemical and Metallur 9212 B and C wings Electricians \nUF4 Chemical and Metallur 9212 B and C wings Electricians \nFuming Nitnc Acid Chemical and Metallur 9212 B and C wings Electricians \nSodium Hydroxide Chemical and Metallur 9212 B and C wings Electricians \nLithium Chemical and Metallur 9212 B and C wings Electricians \nNoise Chemical and Metallur 9212 B and C wings Pipefitters \nHF Chemical and Metallur 9212 B and C wings Pipefitters \nUF4 Chemical and Metallur 9212 B and C wings Pipefitters \nFuming Nitric Acid Chemical and Metallur 9212 B and C wings Pipefitters \nSodium Hydroxide Chemical and Metallur 9212 B and C wings Pipefitters \nLithium Chemical and Metallur 9212 B and C wings Pipefitters \nNoise Chemical and Metallur 9212 B and C wings Millwright \nHF Chemical and Metallur 9212 B and C wings Millwright \nUF4 Chemical and Metallur 9212 B and C wings Millwright \nFuming Nitric Acid Chemical and Metallur 9212 B and C wings Millwright \nSodium Hydroxide Chemical and Metallur 9212 B and C wings Millwright \nLithium Chemical and Metallur 9212 B and C wings Millwright \nnitrogen Tetroxide Chemical and Metallur 9212 B and C wings Chemical Operators \nUF4 Chemical and Metallur 9212 Room 1010 Chemical Operators \nLithium Chemical and Metallur 9212 Room 1010 Chemical Operators \nNitric Acid Chemical and Metallur 9212 Foundry Casting Chemical Operators \nUranium Metal Chemical and Metallur 9212 Foundry, Casting Chemical Operators \nArgon Chemical and Metallur 9212 Foundry, Casting Chemical Operators \nNeutron Sources Chemical and Metallur 9212 Foundry, Casting Chemical Operators \nfreon Chemical and Metallur 9212 Foundry, Casting Chemical Operators - \nDAG Chemical and Metallur 9212 Foundry Casting Chemical Operators \nNitric Acid Chemical and Metallur 9212 Foundry, Casting Machinists ) \n Y-12 Risk Mapping Results \nSummary Report \nChemical I Building Name Building Number Process Area Job \nUranium Metal [ Chemical and Metallur 9212 Foundry, Casting Machinists \nArgon Chemical and Metallur 9212 Foundry, Casting Machinists \nNeutron Sources Chemical and Metallur 9212 Foundry, Casting Machinists \nfreon Chemical and Metallur 9212 Foundry, Casting Machinists \nDAG Chemical and Metallur 9212 Foundry, Casting Machinists \nNitric Acid Chemical and Metallur 9212 Foundry, Casting Security Guard \nUranium Metal Chemical and Metallur 9212 Foundry, Casting Security Guard \nArgon Chemical and Metallur 9212 Foundry, C-asting Security Guard \nNeutron Souràes Chemical and Metallur 9212 Foundry, Casting Security Guard \nfreon Chemical and Metallur 9212 Foundry, Casting Security Guard - \nDAG Chemical and Metallur 9212 Foundry, Casting Security Guard \nNitric Acid Chemical and Metallur 9212 Foundry, Casting Office Workers - \nUranium Metal Chemical and Metallur 9212 Foundry, Casting Office Workers \nArgon Chemical andMetallur 9212 Foundry, Casting Office Workers \nNeutron Sources Chemical and Metallur 9212 Foundry, Casting Office Workers \nfreon Chemical and Metallur 9212 Foundry, Casting Office Workers \nDAG Chemical and Metallur 9212 Foundry, Casting Office Workers \nRadiation Experimental Building 9213 \nRadiation Katies Kitchen 9213 Radiation Techs \nRadiation Katies Kitchen 9213 Health Physicists \nPercolene \"Third Mill\" 9215 M-Wing Rolling Mills . \nEnriched Uranium \"Third Mill\" 9215 M-VVing Rolling Mills \nAsbestos \"Third Mill\" 9215 Rolling Mills \nDepleted U \"Third Mill\" 9215 Rolling Mills \nEnriched Uranium \"Third Mill\" 9215 M-VVing Machining Machinists \nPerchloroethylene \"Third MIII\" 9215 M-Wing Machining Machinists \nethylene glycol wI borax \"Third Mill\" 9215 M-Wing Machining Machinists \nStainless Steel \"Third Mill\" 9215 M-\\Ning Machining Machinists \nAluminum \"Third Mill\" 9215 M-Wing Machining Machinists \nTitanium \"Third Mill\" 9215 M-Wing Machining Machinists \nBeryllium \"Third Mill\" 9215 M-VVingMachining Machinists \nEnriched Uranium \"Third Mill\" 9215 M-Wing Machining Material handlers \nPerchioroethylene \"Third Mill\" 9215 M-Wing Machining Material handlers \nethylene glycol wI borax \"Third Mill\" 9215 M-Wing Machining Material handlers . ) \n ) \nY-12 Risk Mapping Results \nSummary Report \nChemical Building Name Building Number Process Area Job - \nStainless Steel \"Third Mill\" 9215 M-VVing Machining Material handlers \nAluminum \"Third Mill\" 9215 M-Wing Machining Material handlers \nTitanium \"Third Mill\" 9215 M-Wing Machining Material handlers \nBeryllium \"Third Mill\" 9215 M-Wing Machining Material handlers \nEnriched Uranium \"Third Mill\" 9215 M-Wing Machining Maintenance \nPerchloroethylene \"Third Mill\" 9215 M-Wing Machining Maintenance \nethylene glycol wI borax \"Third Mill\" 9215 M-Wing Machining Maintenance \nStainless Steel \"Third Mill\" 9215 --- M-Wing Machining Maintenance . \nAluminum \"Third Mill\" 9215 M-Wing Machining Maintenance \nTitanium \"Third Mill\" 9215 M-Wing Machining Maintenance \nBeryllium \"Third Mill\" 9215 M-Wing Machining Maintenance \nEnriched Uranium \"Third Mill\" 9215 M-Wing Machining Office \nPerchloroethylene \"Third Mill\" 9215 M-Wing Machining Office \nethylene glycol wI borax \"Third Mill\" 9215 M-Wing Machining Office \nStainless Steel \"Third Mill\" 9215 M-Wing Machining Office \nAluminum \"Third Mill\" 9215 M-Wing Machining Office \nTitanium \"Third Mill\" 9215 M-Wing Machining Office \nBeryllium \"Third Mill\" 9215 M-Wing Machining Office \nEnriched Uranium \"Third Mill\" 9215 M-Wing Inspection Machinists \nBeryllium \"Third Mill\" 9215 M-Wing Inspection Machinists \nTCE \"Third Mill\" 9215 M-Wing Inspection Machinists \nEnriched Uranium \"Third Mill\" 9215 M-Wing Inspection Material Clerks \nBeryllium \"Third Mill\" 9215 M-Wing Inspection Materials Clerks \nTCE \"Third Mill\" 9215 M-Wing Inspection Materials Clerks \nEnriched Uranium \"Third Mill\" 9215 M-Wing Inspection Janitors \nBeryllium \"Third Mill\" 9215 M-Wing Inspection Janitors \nTCE \"Third Mill\" 9215 M-Wing Inspection Janitors \nUranium \"Third Mill\" 9215 M-Wing Inspection Machinists \nUranium \"Third Mill\" 9215 M-Wing Inspection Material Clerks \nUranium \"Third Mill\" 9215 M-Wing Inspection Janitors \nHeat \"Third Mill\" 9215 0-Wing Rolling Mill Machinists \nEnriched Uranium \"Third Mill\" 9215 0-Wing Rolling Mill Machinists - \nInternal Radiation \"Third Mill\" 9215 OWing Rolling Mill Machinists \nlead \"Third Mill\" 9215 0-Wing Rolling Mill Machinists . \n Y-12 Risk Mapping Results \nSummary Report \nChemical Building Name Building Number Process Area Job \nAsbestos \"Third Mill\" 9215 0-Wing Rolling Mill Machinists \nHeat \"Third Milr' 9215 0-Wing Rolling Mill Cleaners \nEnriched Uranium \"Third Mill\" 9215 0-Wing Rolling Mill Cleaners \nInternal Radiation \"Third Mill\" 9215 0-Wing Rolling Mill Cleaners \nlead \"Third Mill\" 9215 0-Wing Rolling Mill Cleaners \nAsbestos \"Third Mill\" 9215 0-Wing Rolling Mill Cleaners \nHeat \"Third Mill\" 9215 0-Wing Rolling Mill Supervisor \nEnriched Uranium \"Third Mill\" 21o 0-Wing Rolling Mill Supervisor \nInternal Radiation \"Third Mill\" 9215 0-Wing Rolling Mill Supervisor \nlead \"Third Mill\" 9215 0-Wing Rolling Mill Supervisor - \nAsbestos \"Third Mill\" 9215 0-Wing Rolling Mill Supervisor \nU-238 •\"Third Mill\" 9215 ing H.eat Treat Hydrof Machinists - \nThorium \"Third Mill\" 9215 ing Heat Treat Hydrof Machinists \nPerchloroethylene \"Third Mill\" 9215 ing Heat Treat Hydrof Machinists \nTCE \"Third Mill\" 9215 ing Heat Treat Hydrof Machinists \nStainless Steel \"Third Mill\" 9215 ing Heat Treat Hydrof Machinists \nAsbestos \"Third Mill\" 9215 ingHeat Treat Hydrof Machinists \nPCBs \"Third Mill\" 9215 ing Heat Treat Hydrof Machinists . \nU-238 \"Third Mill\" 9215 - ing Heat Treat Hydrof Cleaners - \nThorium \"Third Mill\" 9215 ing Heat Treat Hydrof Cleaners \nPerchloroethylene \"Third Mill\" 9215 ing Heat Treat Hydrof Cleaners \nTCE \"Third Mill\" 9215 ing Heat Treat Hydrof Cleaners \nStainless Steel \"Third Mill\" 9215 ing Heat Treat Hydrof Cleaners \nAsbestos \"Third Mill\" [ 9215 ing Heat Treat Hydrof Cleaners \nPCB5 \"Third Mill\" 9215 ing Heat Treat Hydrof Cleaners \nAsbestos \"Third Mill\" 9215 Maintenance Area Electrician \nInternal Radiation \"Third Mill\" 9215 Maintenance Area Electrician \nBeryllium \"Third Mill\" 9215 Maintenance Area Electrician \nUranium \"Third Mill\" 9215. Maintenance Area Electrician \nAsbestos \"Third Mill\" 9215 Maintenance Area Pipefitters \nInternal Radiation \"Third Mill\" 9215 Maintenance Area Pipefitters \nBeryllium \"Third Mill\" 9215 Maintenance Area Pipefitters \nUranium \"Third Mill\" 9215 Maintenance Area Pipefitters \nAsbestos \"Third Mill\" 9215 Maintenance Area Machinists \n Y-12 Risk Mapping Results \nSummary Report \nChemical Building Name Building Number Process Area Job - . \nInternal Radiation \"Third Mill\" 9215 Maintenance Area Machinists \nBeryllium \"Third Mill\" 9215 Maintenance Area Machinists \nUranium \"Third Mill\" 9215 Maintenance Area Machinists \nAsbestos \"Third Mill\" 9215 Maintenance Area CM \nInternal Radiation \"Third Mill\" 9215 Maintenance Area OM \nBeryllium \"Third Mill\" 9215 Maintenance Area OM \nUranium \"Third Mill\" 9215 ' Maintenance Area CM \nAsbestos'-' - \"Third MU1 9215' Maintenance Area Welder . \n'. \nInternal Radiation \"Third Mill\" 9215 ' Maintenance Area Welder \nBeryllium \"Third Mill\" 9215 Maintenance Area Welder \nUranium \"Third Mill\" 9215 Maintenance Area Welder \nU-238 \"Third Mill\" 9215 3rd Mill Machinists \nUranium wI metal alloys \"Third Mill\" 9215 3rd Mill , Machinists \nNoise , \"Third Mill\" 9215 3rd Mill Machinists \nEnriched Uranium \"Third Mill\" 9215 M-Wing Blister Packing Material Clerks \nFreon \"Third Mill\" 9215 M-Wing Blister Packing Material Clerks \nEtchant \"Third Mill\" 9215 M-Wing Blister Packing Material Clerks - \nPotassium Carbonate \"Third Mill\" 9215 0-Wing Salt Baths Machinists \nSodium Hydroxide \"Third Mill\" 9215 0-Wing Salt Baths Machinists \nLithium \"Third Mill\" 9215 0-Wing Salt Baths Machinists \nHeat \"Third Mill\" 9215 0-Wing Salt Baths Machinists \nPotassium Carbonate \"Third Mill\" 9215 0-Wing Salt Baths Cleaners \nSodium Hydroxide \"Third Mill\" 9215 0-Wing Salt Baths Cleaners \nLithium \"Third Mill\" 9215 0-Wing Salt Baths Cleaners \nHeat \"Third Mill\" 9215 0-Wing Salt Baths Cleaners - ' - \nPotassium Carbonate \"Third Mill\" 9215 0-Wing Salt Baths Supervisor \nSodium Hydroxide ' \"Third Mill\" 9215 0-Wing Salt Baths Supervisor \nLithium \"Third Mill\" 9215 0-Wing Salt Baths Supervisor \nHeat \"Third Mill\" 9215 0-Wing Salt Baths Supervisor \nDAG \"Third Mill\" 9215 0-Wing Oil Baths Machinists \nPerchioroethylene \"Third Mill\" 9215 0-Wing Oil Baths Mchinists - \nFreon \"Third Mill\" 9215 0-Wing Oil Baths Machinists - \nDAG \"Third Mill\" 9215 0-Wing Oil Baths Cleaners ' \nPerchloroethylene \"Third Mill\" 9215 ,0-Wing Oil Baths Cleaners \n ) \nY-12 Risk Mapping Results \nSummary Report \nChemical Building Name Building Number Process Area Job \nFreon \"Third Mill\" 9215 0-Wing Oil Baths Cleaners \nDAG \"Third Mill\" 9215 0-Wing Oil Baths Supervisor \nPerchloroethylene \"Third Mill\" 9215 0-Wing Oil Baths Supervisor \nFreon \"Third Mill\" 9215 0-Wing Oil Baths Supervisor \nlead \"Third Mill\" 9215 0-Wing Lead Baths Machinists \nBismuth \"Third Mill\" 9215 0-Wing Lead Baths Machinists \nlead \"Third Mill\" 9215 0-Wing Lead Baths Cleaners \nBisrnuth \"Third Mill\" 9215 0-Wing Lead Baths Cleaners \nlead \"Third Mill\" 9215 0-Wing ....ead Baths Supervisor \nBismuth \"Third Mill\" 9215 0-Wing Lead Baths Supervisor \nBlack Oxide \"Third Mill\" 9215 0-Wing Rolling Mill Machinists \nBlack Oxide \"Third Mill\" 9215 0-Wing Rolling Mill Cleaners \nBlack Oxide \"Third Mill\" 9215 0-Wing Rolling Mill Supervisor \nPlutonium \"Third Mill\" 9215 0-Wing Rolling Mill Machinists \nPlutonium \"Third Mill\" 9215 0-Wing Rolling Mill Cleaners \nPlutonium \"Third Mill\" 9215 0-Wing Rolling Mill Supervisor \nBeryllium \"Third Mill\" 9215 M-Wing Inspection \nU-238 \"Third Mill\" 9215 M-Wing \nPerchloroethylene \"Third Mill\" 9215 M-Wing \nTCE \"Third Mill\" 9215 M-Wing \nU-235 \"Third Mill\" 9215 W-Wing \nThorium \"Third Mill\" 9215 . \nTungsten \"Third Mill\" 9215 • \nfiberglass \"Third Mill\" 9215 . \nTitanium \"Third Mill\" 9215 \nGraphite [ \"Third Mill\" 9215 - \nIrridium \"Third Mill\" 9215 . \nICE \"Third Mill\" 9215 \nPerchioroethylene \"Third Mill\" 9215 \nFreon \"Third Mill\" 9215 . \nDykam \"Third Mill\" 9215 \nDykam Remover \"Third Mill\" 9215 - \nAcetone \"Third Mill\" 9215 . \nAlcohol \"Third Mill\" 9215 : • \n Y-12 Risk Mapping Results \nSummary Report \nChemical Building Name Building Number I Process Area Job \nCarbon Tetrachloride \"Third MIII\" 9215 \nT Lead Biology Lab 9220 Scientists \nPCBs Biology Lab 9220 Scientists \nAsbestos Biology Lab 9220 Scientists \nRadiation Biology Lab 9220 Scientists \nRed Dye Biology Lab 9220 Scientists \nLead Biology Lab 9224 Scientists \nPCBs Biology Lab 9224 Scientists \nAsbestos Biology Lab 9224 Scientists \nRadiation Biology Lab 9224 Scientists . \nRed Dye Biology Lab 9224 Scientists \nBeryllium Office 9766 West End \nThorium Office 9766 West End \nScientists Lead Old Steam Plant I 9769 \nPCBs Old Steam Plant 9769 Scientists \nAsbestos Old Steam Plant 9769 Scientists \nRadiation Old Steam Plant 9769 Scientists \nRed Dye Old Steam Plant 9769 Scientists \nmercury Old Pump Shop 9808 - Mercury Pumps OM - \nUranium Manufacturing/Industria 9996 crucible machining Machinists \nU-238 Manufacturing/Industria 9996 crucible machining Machinists \nBlack Oxide Foundry 9998 Foundry \nDepleted U Foundry 9998 H2 Machine Shop Machinists \nStainless Steel Foundry 9998 H2 Machine Shop Machinists \nUraniumw/ metal alloys Foundry 9998 H2 Machine Shop \nDepleted U j Foundry 9998 H2 Machine Shop Supervisor \nStainless Steel Foundry 9998 H2 Machine Shop Supervisor \nUranium wI metal alloys Foundry 9998 H2 Machine Shop Supervisor \nDepleted U Foundry 9998 H2 Machine Shop Cleaners \nStainless Steel \nUranium wI metal alloys Foundry 9998 H2 Machine Shop Cleaners \nFoundry 9998 H2 Machine Shop Cleaners- \nDepleted U Foundry 9998 H2 Machine Shop Material handlers \nStainless Steel Foundry 9998 H2 Machine Shop Material handlers \nUranium WI metal alloys Foundry 9998 H2 Machine Shop Material handlers \n ) \nY-12 Risk Mapping Results \nSummary Report \nChemical Building Name Building Number Process Area Job \nEnriched Uranium Alpha -1 j 9201-1 Calutron Chemical Operators \nMagnetic Fields Alpha -1 9201-1 Calutron Chemical Operators \nGraphite Alpha -1 9201-1 Carbon Shop . \nEnriched Uranium Alpha -1 9201-2 Calutron Chemical Operators \nMagnetic Fields Alpha -1 9201-2 Calutron - Chemical Operators \nRadiation Alpha-2 9201-2 Cyclotron \nmercury Alpha-2 9201-2 COLEX \nHF alpha-2 9201-2 COLEX-- \nmercury Alpha 2 9201 -2 Colex Chemical Operators \nalcohol Alpha 2 9201-2 Colex Chemical Operators \nmercury Alpha 2 9201-2 Elex Chemical Operators \nalcohol Alpha 2 9201-2 Elex Chemical Operators . \nmercury Alpha 2 9201-2 Colex Electrician \nalcohol Alpha 2 9201-2 Colex Electrician \nmercury Alpha 2 9201-2 Elex Electrician \nalcohol Alpha 2 9201-2 Elex Electrician \nmercury Alpha 2 9201-2 Colex pipefitter \nalcohol Alpha 2 9201-2 Colex pipefitter \nmercury Alpha 2 9201-2 Elex pipefitter \nalcohol Alpha 2 9201-2 Elex pipefitter - \nmercury Alpha 2 9201-2 -Colex OM \nalcohol Alpha 2 9201-2 Colex OM \nmercury Alpha 2 9201 -2 Elex OM \nalcohol Alpha 2 9201-2 Elex OM \nmercury Alpha 2 9201-2 - \nColex Welder \nalcohol Alpha 2 9201-2 Colex - Welder - - \nmercury Alpha 2 9201-2 EJex Welder \nalcohol Alpha 2 9201-2 Elex Welder \nEnriched Uranium Alpha -3 - 9201-3 Calutron Chemical Operators \nMagnetic Fields Alpha -3 9201-3 Calutron -Chemical Operators \nEnriched Uranium Alpha-4 9201-4 Calutron Chemical Operators \nMagnetic Fields } Alpha-4 9201-4 Calutron Chemical Operators - - \nmercury Alpha-4 9201-4 Colex Chemical Operators \nalcohol Alpha-4 9201-4 Colex Chemical Operators I - \n Y-12 Risk Mapping Results \nSummary Report \nChemical Building Name Building Number Process Area Job \nmercury Alpha-4 9201-4 Elex Chemical Operators \nalcohol Alpha-4 9201-4 Elex Chemical Operators \nmercury Alpha-4 9201-4 Colex Electrician \nalcohol Alpha-4 9201-4 Colex Electrician \nmercury Alpha-4 9201-4 Elex Electrician \nalcohol Alpha-4 9201-4 Elex Electrician \nmercury Alpha-4 9201-4 Colex pipefitter \nalcohol Alpha-4 920i4 Colex pipefitter \nmercury Alpha-4 9201-4 Elex pipefitter \nalcohol Alpha-4 9201-4 Elex pipefitter - \nmercury Alpha-4 9201-4 Colex - OM \nalcohol Alpha-4 9201-4 Colex OM - \nmercury Alpha-4 9201-4 - \nElex OM \nalcohol Alpha-4 9201-4 Elex - OM \nmercury Alpha-4 9201-4 Colex Welder \nalcohol Alpha-4 9201-4 Colex Welder \nmercury Alpha-4 9201-4 Elex Welder \nalcohol Alpha-4 9201-4 Elex Welder \nmercury Alpha-4 9201-4 Chemical Operators \nBeryllium Oxide Alpha-5 9201-5 - \nBulter Bldg Machinists \nThorium Alpha-5 9201-5 Bulter Bldg Machinists \nBeryllium Oxide Alpha-5 9201-5 Bulter Bldg Machinists - \nThorium Alpha-5 9201-5 Bulter Bldg Machinists \nmercury Alpha-5 9201-5 Seperation Bldg \nLithium Alpha-5 9201-5 - Seperation Bldg \nmercury I Alpha-5 9201-5 Seperation Bldg \nLithium Alpha-5 9201-5 Seperation Bldg \nEnriched Uranium Alpha-5 9201-5 Calutron Chemical Operators \nMagnetic Fields Alpha-5 9201-5 Calutron Chemical Operators \nCyanide Alpha-5 9201-5 Electroplating \nNaK Alpha-5 9201-5 2nd floor press - \nmercury Alpha-5 9201-5 Colex Chemical Operators \nalcohol Alpha-5 920 1-5 Colex Chemical Operators \nmercury Alpha-5 9201-5 Elex Chemical Operators \n ) : ) ) \nY-12 Risk Mapping Results \nSummary Report \nChemical Building Name Building Number Process Area Job \n• alcohol j Alpha-5 9201-5 Elex Chemical Operators \nmercury Alpha-5 9201-5 Colex Electrician \nalcohol \nmercury Alpha-5 \nAlpha-5 9201-5 \n9201-5 Colex \nElex Electrician \n— Electrician \nalcohol - Alpha-5 9201-5 Elex Electrician \nmercury Alpha-5 9201-5 . Colex pipefitter \nalcohol Alpha-5 9201-5 Coléx pipefitter \n. \nmercury Alpha5 9201-5 Elex pipefitter \nalcohol Alpha-5 9201-5 Elex pipefitter \nOM mercury Alpha-5 9201-5 Colex \nalcohol Alpha-5 9201-5 Colex \nOM mercury Alpha-5 9201-5 Elex \nalcohol Alpha-5 9201-5 Elex OM \nmercury Alpha-5 9201-5 Colex Welder \nalcohol Alpha-5 9201-5 Colex Welder \nmercury Alpha-S 9201-5 Elex Welder \nalcohol Alpha-5 9201-5 Elex Welder \nmercury Alpha-5 9201-5 Chemical Operators \nMineral Oil Alpha-5 9201-5 Operators \nChemical Heat Alpha-5 9201-5 - Operators \nUranium Alpha-5 9201-5 Chemical Operators \nThorium \nNaK Alpha-5 9201-5 Operators \nAlpha-5 9201-5 • Chemical Operators \nBeryllium Alpha-5 9201-5 Butler Building Inspector \nFreon Alpha-S 9201-5 Butler Building Inspector . \nPerchioroethylene Alpha-5 9201-5 Butler Building Inspector \nTCE Alpha-5 9201 -5 Butler Building Inspector \nBeryllium \nMineral Oil Alpha-5 9201 -5 Butler Building Machinists • \nAlpha-5 9201-5 Butler Building Machinists \n. \nBeryllium • Alpha-5 9201-5 Butler Building Maintenance \nMineral Oil Alpha-5 9201 -5 Butler Building • \nBeryllium Alpha-S 9201 -5 Butler Building \nElectriciats Mineral Oil . . Alpha-S 9201-5 Butler Building . \n• \n• Beryllium Alpha-5 9201 -5 Butler Building Pipefitters - \n ) \nY-12 Risk Mapping Results \nSummary Feport \nChemical Building Name Building Number Process Area Job \nMineral Oil Alpha-5 9201-5 Butler Building Pipefitters \nBeryllium Alpha-5 9201 -5 Butler Building Machine Cleaners \nMineral Oil Alpha-5 9201-5 Butler Building Machine Cleaners \nBeryllium Alpha-5 9201-5 Butler Building Engineers \nMineral Oil Alpha-5 9201 -5 Butler Building Engineers \nCarbon Foam Alpha-S 9201 -5 Foam Shop Machinists. \nNoise Alpha-5 9201-5 Utility Area Maintenance \nNoise Alpha-5 9201-5 Utility Area Electricians \nNoise Alpha-5 9201-5 Utility Area Pipefitters \nNoise Alpha-S 201-5 Hydraulics Maintenance - \nNoise Alpha-5 9201-5 Hydraulics Electricians \nNoise Alpha-5 9201-5 Hydraulics Pipéfitters - \nuranium j Alpha-5 9201 -5 2nd floor Machinists \nBeryllium Alpha-5 9201-5 2nd floor Machinists \nasbestos Alpha-5 9201-5 2nd floor Machinists \nBeryllium Alpha-5 9201-5 2nd floor Machinists \nBeryllium Alpha-5 9201-5 2nd floor Inspector \nBeryllium Alpha-5 9201-5 2nd flor Chemical Operators \nBeryllium Alpha-S 9201-5 2nd floor - - \nUranium Alpha-5 9201-5 3rd floor Machinists \nBeryllium Alpha-S 9201-5 3rd floor Machinists \nsilver solder Alpha-5 9201-5 3rd floor Machinists \nBeryllium Alpha-5 9201-5 3rd floor Maintenance \nuranium Alpha-5 9201 -5 3rd floor Maintenance \nBeryllium Alpha-5 9201 -5 Beryllium Spray Area Electroplaters \nU-238 Alpha-5 9201-5E Machinists \ngold Alpha-5 9201-5E Machinists , \nPlatinum Alpha-S 9201-SE Machinists \nLead Alpha-S 9201-5E Machinists - \nThorium Alpha-5 9201-5E Machinists \nPlutonium Alpha-5 9201-SE Machinists - \nU-238 Alpha-5 9201-SE Foreman \ngold Alpha-5 9201-5E Foreman \nPlatinum Alpha-5 9201-SE . Foreman \n ) ) \nY-12 Risk Mapping Results \nSummary Report \nChemical I Building Name Building Number Process Area Job \nLead Alpha-5 9201-5E . Foreman \nThorium Alpha-5 9201-5E Foreman \nPlutonium Alpha-5. 9201-5E Foreman . \n• Beryllium Alpha-5 9201-5E lnspection Inspector \nU-238 Alpha-5 9201-5E Uranium Inspection Inspector : \ncyanide Plate Shop 9201-5N Electroplaters \nBeryllium Plate Shop 9201-5N Electroplaters \nHEU Plate Shop 9201-5N Elctropiaieis \n• HEU Plate Shop 920 1-5N Security Guard - \nU-238 Plate Shop 9201-5N machining Machinists - \nBinary Plate Shop 9201-5N machining Machinists \nAluminum Plate Shop 9201-5N machining Machinists - \nSteel Plate Shop 9201-5N machining Machinists \nPerchloroethylene Plate Shop 9201-5N machining- Machinists \nfreon Plate Shop 9201-5N machining Machinists - \ncyanide Plate Shop 9201-5N Plate Shop Electroplaters \ncaustics Plate Shop 9201 -5N Plate Shop Electroplaters \nCopper Plate Shop 9201 -5N Plate Shop Electroplaters \nNickel Plate Shop 9201-5N Plate Shop Electroplaters . \nChrome Plate Shop 9201-5N Plate Shop Electroplaters \nChromium Oxide Plate Shop 9201-5N Plate Shop Electroplaters \nGold Plate Shop 9201-5N P!ate Shop Electroplaters \nSilver Plate Shop 9201-5N Plate Shop Electroplaters \nCadmium Plate Shop 9201-5N Plate Shop Electroplaters \nAqua Regia Plate Shop 9201-5N Plate Shop Electroplaters \nPotassium Cyanide Plate Shop 9201-5N Plate Shop Electroplaters \nPerchloroethylene Plate Shop 9201-5N Plate Shop Electroplaters \nUranium wI metal alloys Manufacturing/Industria 9201-5W Machinists \nAluminum Manufacturing/lndustria 9201-5W Machinists \nInternal Radiation Manufacturing/Industria 9201-5W Machinists \nUranium wI metal alloys Manufacturirig/lndustria 9201 -5W Maintenance \nAluminum Manufacturing/Industria 9201-5W Maintenance \nInternal Radiation Manufacturing/Industria 9201-5W Maintenance \nUranium w/ metal alloys Manufacturing/Industria 9201-5W Electricians \n Chemical Building Name Building Number Process Area j Job \nAluminum Manufacturing/Industria 9201-SW Electricians \nInternal Radiation Manufacturing/Industria 9201 -5W Electricians \nalcohol Manufacturing/Industria 9201-5W Machine Cleaning Machine Cleaners \nacetone - Manufacturing/Industria 9201-5W Machine Cleaning Machine Cleaners \nfreon Manufacturing/Industria 9201 -5W Machine Cleaning Machjne Cleaners \nPerchloroethylene Manufacturing/lndustria 9201-5W Machine Cleaning Machine Cleaners • \ntrimsol Manufacturing/Industria 9201-5W Machine Cleaning Machine Cleaners \nkerosene Manufacturing/Industria 9201-5W Machine Cleaning Machine Cleaners \nNitric Acid Beta-2 9204-2 Salt bath area Chemical Operators \nLithium Deutiride Beta-2 9204-2 Salt bath area Chemical Operators \nLithium Salt Beta-2 9204-2 Salt bath area Chemical Operators \nmercury Beta 2 9204-2 Colex Chemical Operators \nalcohol Beta 2 9204-2 Colex Chemical Operators \nmercury Beta 2 9204-2 Elex Chemical Operators \nalcohol Beta 2 9204-2 Elex Chemical Operators \nmercury Beta 2 9204-2 Colex Electrician \nalcohol Beta 2 9204-2 Colex Electrician \nmercury Beta 2 9204-2 Elex Electrician \nalcohol Beta 2 9204-2 Elex Electrician \nmercury Beta 2 9204-2 Colex pipefitter \nalcohol Beta 2 9204-2 Colex pipefitter \nmercury Beta 2 9204-2 Elex pipefitter .________ \nalcohol Beta 2 9204-2 Elex pipefitter \nmercury Beta 2 9204-2 Colex OM \nalcohol Beta 2 9204-2 Colex OM \nmercury Beta 2 9204-2 Elex OM - \nalcohol Beta 2 9204-2 Elex OM \nmercury Beta 2 9204-2 Colex Welder \nalcohol Beta 2 9204-2 Colex Welder \nmercury Beta 2 9204-2 Elex Welder \nalcohol Beta 2 9204-2 Elex Welder \nLithium Hydride Beta 2 9204-2 Machine Shop Machinist - \nLithium Deutiride ] Beta 2 9204-2 Machine Shop Machinist - \nArsenic j Beta 2 9204-2 Machine Shop Machinist Y-12 Risk Mapping Results \nSummary Report \n t ) \nY-12 Risk Mapping Results \nSummary Report \nChemical Building Name Building Number Process Area Job -________ \nPCBs Beta 2 9204-2 Chemical Operators \nLithium Beta 2 9204-2 \nFissile Material Beta 2 9204-2E Assembly \nEnriched Uranium Beta-3 9204-3 Calutron Chemical Operators \nRadiation Beta-3 9204-3 Cyclotron \nPlutonium Beta-3 9204-3 Calutron \nU-238 Beta-4 92044 Press Area \nU-238 Beta-4 - 9204-4 Machining \nAcid Beta-4 9204-4 Acid Vats \nLead Beta-4 9204-4 . \nSilver Beta-4 9204-4 - - . \nBeryllium Beta-4 9204-4 . - - \nUranium Beta-4 9204-4 \n— Stainless Steel Beta-4 9204-4 \nBoric acid Beta-4 9204-4 - \nFissile Material Beta-4 9204-4 Disassembly \nNitric Acid Beta-4 Plate Shop 9204-4 Electroplaters \nSulfuric Acid Beta-4 Plate Shop 9204-4 Electroplàters \nSodium Hydroxide Beta-4 Plate Shop 9204-4 Electroplaters \nNickel Sulfamate Beta-4 Plate Shop 9204-4 Electroplaters \nCadmium Beta-4 Plate Shop 9204-4 Electroplaters \nCopper Beta-4 Plate Shop 9204-4 Electroplaters \nNatural U P-wing 9212 Complex Rolling Mills \nEnriched Uranium 0-wing 9212 Complex Rolling Mills \nCyanide Plate Shop 9401 -2 Plating shop \nNickel Plate Shop 9401-2 Plating shop \nCopper Plate Shop 9401-2 Plating shop \nGold Plate Shop 9401-2 Plating shop . \nChromium Plate Shop 9401-2 Plating shop - \nCoal Dust Steam Plant 9401-2 Steam Plant Operators \nFly Ash Steam Plant 9401-2 Steam Plant Operators \nSulfuric Acid Steam Plant 9401-2 Steam Plant Operators \nPhosphates Steam Plant 9401-2 Steam Plant Operators \nCoal Dust Steam Plant 9401 -2 Foreman \n ) 1) \nY-12 Risk Mapping Results \nSummary Report \nChemical Building Name Building Number Process Area Job \nFly Ash Steam Plant j 9401 -2 - \nForeman \nSulfuric Acid Steam Plant 9401-2 Foreman \nPhosphates Steam Plant 9401-2 Foreman \nCoal Dust - Steam Plant 9401-2 Maintenance \nFly Ash Steam Plant 9401-2 - Maintenance \nSulfuric Acid [ Steam Plant 9401-2 Maintenance \nPhosphates Steam Plant 9401-2 Maintenance \nCoal Dust Steam Plant -- 9401-2 Janitor \nFly Ash Steam Plant 9401-2 Janitor \nSulfuric Acid Steam Plant 9401-2 Janitor \nPhosphates Steam Plant 9401-2 Janitor \nAcids Steam Plant 9401-2 Electroplaters \nHeat Steam Plant 9401-2 Electroplaters Chromium Steam Plant 9401-2 Electroplaters \nDyes Steam Plant 9401-2 Electroplaters Acids Steam Plant 9401-2 Supervisor Heat Steam Plant 9401-2 Supervisor \nChromium Steam Plant 9401-2 Supervisor \nDyes Steam Plant 9401-2 Supervisor \nAcids Steam Plant 9401-2 Electricians \nHeat Steam Plant 9401-2 Electricians \nChromium Steam Plant 9401-2 Electricians \nDyes Steam Plant 9401-2 Electricians \n— Acids Steam Plant 9401-2 Pipefltters \nHeat Steam Plant 9401 -2 Pipefitters \nChromium Steam Plant 9401-2 Pipefitters \nDyes Steam Plant 9401-2 Pipefitters \nAcids Steam Plant 9401 -2 OM \nHeat Steam Plant - 9401-2 OM \nChromium Steam Plant 9401-2 . \nOM \nDyes Steam Plant 9401-2 OM \nAcids Steam Plant 9401-2 . Crane and Hoist - - - \nHeat Steam Plant 9401 -2 Crane and Hoist \nChromium Steam Plant 9401-2 Crane and Hoist - \n ) \nY-12 Risk Mapping Results \nSummary Report \nChemical Building Name Building Number Process Area Job I.________ \nDyes Steam Plant 940 1-2 Crane and Hoist \nHF Steam Plant 9401-2 Electroplaters \nNitric Acid Steam Plant 9401-2 Electroplaters \nHydrochloric Acid Steam Plant 940 1-2 Electroplaters \nHF Steam Plant 9401-2 Supervisor \nNitric Acid Steam Plant 9401-2 Supervisor \nHydrochloric Acid Steam Plant 9401-2 Supervisor \nHF •team Plant 9401-2 . Electricians \nNitric Acid Steam Plant 9401-2 Electricians - \nHydrochloric Acid Steam Plant 9401-2 Electricians - \nHF Steam Plant 9401-2 Pipefitters \nNitric Acid Steam Plant 940 1-2 Pipefitters \nHydrochloric Acid Steam Plant 9401-2 Pipefitters \nHF ' Steam Plant 9401-2 OM \nNitric Acid Steam Plant 9401-2 OM \nHydrochloric Acid Steam Plant 9401-2 OM \nHF Steam Plant 9401-2 Crane .and Hoist \nNitric Acid Steam Plant 9401-2 Crane and Hoist \nHydrochloric Acid Steam Plant 9401-2 Crane and Hoist \ncyanide Steam Plant 9401-2 Electroplaters \ncyanide Steam Plant 9401-2 Supervisor \ncyanide Steam Plant 9401-2 Electricians \ncyanide Steam Plant 9401-2 Pipefitters \ncyanide Steam Plant 9401-2 OM \ncyanide Steam Plant 9401-2 Crane and Hoist \nallodine Steam Plant 9401-2 Electroplaters \nallodine Steam Plant 9401-2 . Supervisor \nallodine Steam Plant 9401-2 Electricians \nallodine Steam Plant 9401-2 Pipefitters . \nallodine Steam Plant 9401-2 OM \nallodine Steam Plant 9401 -2 Crane and Hoist \nLead Chicken House 9743-2 Scientists \nPCBs Chicken House 9743-2 Scientists \nAsbestos Chicken House 9743-2 Scientists \n Y-12 Risk Mapping Results \nSummary Report \nChemical Building Name Building Number Process Area Job \nRadiation Chicken House 9743-2 - \nScientists \nRed Dye Chicken House 9743-2 Scientists \nLead Chiller Building 9767 Scientists \nPCBs Chiller Building 9767 Scientists - \nAsbestos Chiller Building 9767 - Scientists' \nRadiation - Chiller Building 9767 Scientists \nRed Dye Chiller Building 9767 Scientists • • • Ledd • Green House. . \" • Scientists' -\"-' \nPCBs Green House ' Scientists \nAsbestos Green House , \nScientists \nRadiation Green House Scientists \nRed bye Green House • Scientists \n Appendix B\n B-iY-12 External Dose\n Y-12 Penetrating Dose (1950-1 988) >500 mrem by Department\nDeptNumber >500 rnrem DeptNumber >500 mrem200018Grand Total69520015270210020032•2617902O1413 2619 8120156 201867201867 20442420352 2703242038.3 2701 212044 24. .2000 1820554 2638 182057 1 2640 142066 1 2014 132070 2 260192077 6•2637920914 264492093 2 261882098 1 223172106 1 2722721072•201562108 5 2077 62133,1 2233 621572 2375 621584 2624 62162 1 2705 62164. 1 2001 52186 1 2108 52188 1 2259 522003 2635 522317 2720 52233 .6 2736 52239 1 2791 5 2259 5 2055 .4.23014 2091423.15.2 2158423452 230142360 1 23872365 1 27264.2371 1 741042373 .2 .2038323756 220032376 1 2388.32377 1 265432382 1 2664323874 279332388 3.2003 .22465 1 .2035 226019 2070226041 2093226102 2107226162 21572261790 23152\n6—l\n Y-12 Penetrating Dose (1950-1988) >5Q0 mrem by Department\nDeptNumber >500 mrem DeptNumber >500 mrem2618823452261981.________2373226246 ,61O22625 '1' •.2616'•226282 262822629 .1 .•2636 ,2\"26355 .269522636 •2______2718 .226379 27422263818 2057 1264014•2066 126449.'.2098 12650 1 2106,I26543.2133'I2664 ,3..'2162 .. i2691 1'2164 126952•2186 12699 1 2188 12700 1.2239 12701 21 2360 12702100'2365 1.270324 2371 1.27056 2376 ' I2718' 2 2377'I2720'5 . 2382 12722 7 2465 127264' 2604 12736 5 2625 127422 2629 .I2774 1 . ,2650 127761 2691 12791 ,5.2699 127933 2700 17169 1'2774 174104'2776 1(blank) 7169 1rand Iota695 (blank)\nal-a\n Y-12 Skin Dose (1950-1988) >500mrem by Department\nDeptNumber >500 mrem DeptNumber >500 mrem2000187Grand Total226012001 61•27033448200224 .26182106200379 270220122009 1 279213082014 71v263810692015138 .2701.10622018292 261910602035 .2..2640102520373 272081320389 23755662041• 27935442043 1 26175252044132 2637 470.2046 1 .2233 '4612055229 27224172057 2 23873682060 16.27363402063 1 20182922064 15 209327820652 266525720662 .26242452068.3 264423820694 2055229207024'2616 20220714 2000 1872077IAI_______ 2231 17120851 2791 1512089 1 22591502090 15 2015 1382091 19.'20441322093_278 2705 .1222094 1 2108 1152098 1'2077 1112106 1 2200 11121074 2726 1062108115 262596212835 2776922133 1 2301832136 1 . 2601832137 .2003792141'4 23657821428 2695752143 1 2014 7121451 '2773 712151•1 2001 6121572 2158 60215860 2162 40215913 2664 3721606 2128 352162 .40 2774 34\n Y-12 Skin Dose (1 950-1988) >500rnrem by Department\n•DeptNumber >500 mrem DeptNumber.>500. mrem21644'2388 .3121651.26543021831271330218612252 .272188220022422001,1120702422043.2376'242231• 171 238924.2233461.2742222235 3 2707 2122396'26002Q225227 2628 202257•13 2689 202259150•2091 •19226022344182282 5 •2060 '123001'83•2064152301 20901523022 •—•2345142303621591323041.2257 •1323156263613232072799 '.132342 '3268711.23433•269410'234418203892345 .142790923461•2142823471232072351•3.237772356 •3260272360•2..26357236578•27007236622723723716'''7410723734• 2160'62375566223962376•.24•2303 .23777231562378. •423716'23801228252382 1 2410523861273852387368206942388 31 20714238924•21074239012141424105.2164 •42439123734246512378426002026054\n6L—'4\n Y-12 Skin Dose (1950-1988) >500mrem by Department\nDeptNumber >500 mrem DeptNumber >500 mrem2601832629426027 .685 42603 1•2691.42604 12037 326054 2068 326061.2204326103 .223532616202 .234232617525 2343326182106 2351326191060 2356 3,2624245 261032625 96..26333262820 2704 32629 .4 .271232630 1 2714 326333•2739 326357 20352263613 •.205722637470 2065226381069 2066 226401025 2157 226432238—.2188 22644 2260 226462 .2302 226482 2360 22649 1 2366 226502•2643 226522 2646 2265430 2648 2266437 2650 226652572.2652 22668 .2668 226822 2682 226854.•2690 22687 11 2718 2268920 7161 22690 2 .7169 22691 4 2009 12692 1. 2041 1269410 2043 1269575 2046 12697 1 2063 12699 2085 12700 7 .2089 127011062 2094 127022012 2098 127033448 2106 127043••2133 127051222136127072121371\n131-5\n Y-12 Skin Dose (1950-1 988) >500mrem by Department\nI •DeptNumber >500 mrem DeptNumber >500 mrem2711 1214312712 3. 2145 1271330 2151 127143 2165 12718 2 2183 12720813 2186 12722417 230027237.23042724. 1 23462726106 23472732 1 23802736340 238227385 .2386 127393 2390 1274222 2439.I________2760 1 2465 12773 71 2603 .277434 2604 1277692 2606 127909 2630.12791151 2649 127921308 2692 12793 .544 2697 12799. 13 2699 17161 2 2711 17169 2 .2724 174107..2732 1I 2760 1(blank)..I3rand Tota .22601.(blank)\n Y12 Neutron Dose. (1950-1980) (Rounded dose in mrem) vs. Dept. \n. \nCount of neutron_round neutron_round \ndept <10 I 101201 30140 50'60 70180 901100 200 300 400 50016001700 900 GrandTotal \n2000 1 1 4 1 7 \n2001 . I I . 2 \n2003 1 1 . 2 \n2018 3 2 1 1 1 1 . . . .9 \n2044 2 . 1 , . •3 2070 •1 2 . \n2077 4 5 3 2 1 1 1 1 1 1 20 \n2091 1 . 1 \n2108 7 6 4 5 2 2 3 1 4 2 2 1 - - 39 \n2158 4 1 1 1 3 1 1 .. . 12 \n2159 1 3 5 8 2 5 3 1 2 1 5 2 8 2 1 1 50 \n2160 2 5 2 2 3 3 1 18 \n2231 2 2 8 5 4 21 \n2260 1 . - I \n2303 ) 3 21 20 U 8 7 6 4 \n1 6 1 \n1 2 \n2 . 122 \n4 \n2345 . \nI I 2 \n2616 1 1 - 4 4 1 11 \n2617 6 11 7 6 2 - . 32 \n2618 1 1 1 1 2 - \n2685 1 - \n1 \n2687 1 2 2 . 5 \n2701 1 1 \n2703 1 • I \n2791 3 . \n.__3 \n(blank) \n5 41 21 1 1 Grand Total 17 52 51 39127144 16 141 12 10 31 22 28 376 \n B-2Y-12 Urinalysis Data $\n Y-12.Urinalysis Results vs. Department (based on greatest 5% of sample results)\nDeptNumber of Samples DeptNumber of Samples01Grand TQta!15508200183 •.26175967200320 261914412006 1•261812712014244.2158872015 216.. 5432018.77 27765352037•5. 50015222038 13— .26385092044 7. 2687468205520 2793 348,2065 3 22$02802077137 2791.2762108 21 . 2014244212819 •20152162158 .897 2301 15821612 2077 1372162 1 2702 1222204 5.2703 1132230280 279297223172. 261694223370 226089• 225778 ..• 200183• 225925 225778.2260—89• 20187722621 2718762301158. 2231•722342 .15 2233702343 31 2701 57.234442 .27205323456 266547234616 26924323472 .2344422371 •2• 2640332373 1•2343 3123755.2628312377 •5.2774302378.4 .2648292379 12 . 2259252382 . 1 2108 212600 . 4 2003202616•94 20552026175967 2128192618•1271 23461626191441 .2342152625.2 . 2Q38 132628 31•2379 1226336 .2646122638509 .,264712264033 .2736 .122644 6 2695 9\n Y-12 Urinalysis Results'vs. Department (based on greatest 5% of sample resufts)\nI IDeptNumber ofSamplesDept•Number of Samples2646124300'82647 12 2044 7264829 •2742726544 2799 72664 1 2345 6266547 26336266&'2 .264462687468•268962689 6 2037 52690 1•2204 5269243 2375 526942 237752695 '9 27055270157 •237842702 122, 2600 '42703113 265442705 5 206532713 3 2713 3271876 2722 3272053 2794 32722 .3 2161 2273612 : 2347 227427 2371 2277430 2625 22776535 . 2668 '22791276 .2694 2279297 0 12793348 2006 127943 2162 127997 2262 143008 .237315001522 2382 19990 1 2664' 1543•26901(blank) 99901randTota15508(blank) .\n B-3\nX-1O External Dose I,\n X-1 0 Penetrating Dose >500 mrem by, Department Number\nDeptNumber> 5O0 nirem DeptNumber> 500 mrem.9Grand Total9247 3A203X65773C581H3,C5813D33650H389 3X65773363W1563001 13370W1423001H23078H1293003MI .3650W953003W23370M853016H383674H633016W33360W573060M13193M563062H33390W463062MI3193W4130632 .3079H393063H153369W393063M53016H383075H3465035307713650M333077H304460.31307823077H303078H1293080H283078M134362263079H393470W233079M43490M233079W23632M23308023320M213080H28•3410M213080M63.A203081H23390M93089M 13632H18319323639H163193M563063H153193W413410W153194W3'3363M143234M2—113078M133234W 3650123320M213674W123320W3—43234W113325 4360113325H23360H103325M33490W10334113639M103341M8.9334513341M83360H103369M83360W57360283361MI3614M83361W23080M63363M143369H63363W1563405M6\n X-10 Penetrating Dose >500 mrem by Department Number\ncL• SDeptNumber >.500mremDeptNumber> 500 mrem3369H63420M63369M8•3675W63369W393063M533705337053370M85•.367553370W142.3079M43380MI.33254339033435W43390M19360843390W.463674M4340513D33405M6.3016W33410M213062H.33410W153075H33420M6\n.I31 94W33420W .. 3320W33430M1 .3325M. 33430W .133903343523490 .33435W4360433470W233606M. 3349033614W33490M .233674.33490W .104193336028443533602H2 .3001H .2.3602M13003W23602W2306323604330782360623079W23606M330802.360843081H .23608M1 19323614M8.3234M23614W3 .3325H236322 ..3361W23632H18.3435. 23632M233602H23639H163602W23639M10360623642H2363223642M..23642H2365012—3642M23650H3894435M23650M33..4435W23650W95 .4455236743 3001 13674H63 .3003M3674M43060M3674W123062M .I________3675 .53077 1\n X-10 Penetrating Dose >500 mrem by, Department Number\nDeptNumber> 500 mrem Dept•Number> 500 mrern3675M 1,3089M3675W6 .3341 13743H I ,3345141933'3361M4360 11 '.3380M ,I436226 3405 14390W 1 3420W 1 4435 •3,3430M4435M2 3430W 14435W.2 3602M445523608M4460 31 .'3675M4650 35. 3743H4650M—I 4390W 18410,I .4650M(blank) .8410,I3rand Tota9247',(blank)\n63-'4\n X-10 Skin Dose> 500 mrem by Department Number\n• •DeptNumber >500 mrem DeptNumber >500 mrem300123Grand Total184Q0300323X119943016403650H11883061173C621306323•3078H372307313370W26030751 •3363W214307713390W209307830•3193M2053079253602170308033079H157308143370M155309143650W1403193373390M130319413016H1293234.13650M124323613360W1103325423632H.109334113193W108334513674H1063370163077H98339032465071340513063H703410213369W613420 3639H'6034353.3080H5534704.3470W55347524362523490744604636021703632M433604183325423606223410M41360873016403632 .2.3320M40363913490M38365015319337•36749339032367563078304193.53420M304360273363M28436252436027439023410W27443013079254435173062H24445511300123446046...3063234650713614M238410136062230168.2\n.143078M3639M2221\nc3-5\n X-10 Skin Dose> 500 mrem by Department Number\nDeptNumber >500mremDeptNumber >500mrem3D 4, 3430M 203 NI •.3490W203X119943674W203001H23604.183003M330611,73003W5•..4435173016H1293081H•173016MI•3234W173016W83369M173032H73602H•173060M23370163060W13075H163062H24.3650.13062M1 .143063H703079W143063M9..3360H143075H163325H133075M 3 3341M133075W.13369H133077H98 3642H 123078H372 3675W123078M22650M123079H1574455 113079M7 3435W 113079W14 ._•3470MI3080H55 3606M . I3080M 8..4455M I3081H17 3360M 103089M I 3475M 1.03091H3 ,3614W 103091M I 3674 93093H 1 .3063M 93137M—1.3325M 93148W 1 3405M 93191M I'3016W .83193M205 3080M83193W 108 .3320W83194W4 3361W83200M 3674M83202W 1 349073234M 3 36087.3234W 17 3032H73320M403079M .73320W8 367563325H13 419353325M9 .3003W53340M I 3370H53341M 13 4435W53360H 14 308143360M10 309143360W11034704\nf33—(o\n X-10 Skin Dose > 500 mrem by Department Number\nDeptNumber >500 mrem•DeptNumber >500 mrem3361M23D.43361W83194W.43363M28.3743H '43363W2144390W4336.9H13•3080. 33369M17..'3435 .33369W61 ,3003M .33370H5.3075M33370M1553091H,33370W2603234M33380M13602W33390M1304435M '33390W209300323405M9341023405W .I347523410M41.,•363223410W27439023420M3030168.23420W2. '300.IH23430M203060M23430W23361M23435W113420W2347aM11.3430W23470W'553612H'23475M10'3642M .2349CM383675M '23490W20 .4390M23602H'17307313602M 1307513602W3 .307713606M11319413608MI',323413612H,'2 ,323613614M23334113614W10109\"''334513632H 340513632M'43342013639H60.363913639M21443013642H12841013642M23N3650H11883016M365CM1243060W13650W140'3062M3674H1063075W' 1'3674M8'3089M3674W203091M13675M2'3093H.I_______3675W12 ,'3137M13743H'43148W 14390M ,23191M\n X-10 Skin Dose> 500 mrem by Department Number\nDeptNumber >500 mrem DeptNumber >500 mrem4390W43200M1,4435M33202W1445W5—3340M14455M11338DM465DM123405W1II II II II II ii Ii II21—3602M(blank) 3608M;rand Tote18400(blank)\n63-s\n B-4X-1O.Urinalysis Data\n '1,X-1O Division Codes\n6q-l, aEDP codeDivision NameACAnalytical ChemistryAHIndustrial Safety and Applied Health PhysixsBIBiologyCHChemistryCMCentral Management( formely DI-DirectorsCSComputer Sciences (formely MA-Mathematics)CTChemical TechnologyDlDirectors now Central ManagementELENEnergyEREmployee Relations(formely PR-personnel)ESEnvironmental SafetyFMFinance MaterialsFRFuel RecycleGE(General) EngineeringHEHealthHPHealth PhysicsICInstrumentation & ControlsIE.Inspection EngineeringINInformationISIsotopes DivisionLPLaboratory ProtectionMAMathematics now Computer Sciences (CS)MCMetals & CeramicsMTMIT Engineering PracticeNPNeutron PhysicsOPOperationsPEplant & EquipmentPHPhysicsP1PRPersonnel now Employee Relations (ER)QAQA Inspection EngineeringREReactorSSSolid StateTHThermonuclearTIURUniversal Relationsxxvy\n X-1O Urinalysis Codes\nUrinalysis codeRadionuclidecommentCOOCobalt-60CSOCsium-137C07Cesium-I 37,no resultsFPOFission Products .FUOneodymiun-144rare earthsGAOUranium-234GBOStrontium-90GFOgrossed fecalGGOGross Gamma•GUOGross AlphaHY3Tritum•NPONeptunium-237OFOother., fecalPAOprotactinium-231PA3protactinium-233PFOPlutonium-239, feclPF3irotactinium-233, fecal•PH2phosphorus-32P00poloium-210PUOplutonium-239PUIPlutonium-241PU9Plutonium-239RAOradium-26RFOsodium-144, fecalnot possibleU6ruthénium-106SF0Strontium-90, fecalSF9strontium-89, fecalSROStrontium-90, fecalSR5strontium-85 .SR9strontium-89, fecalTFOcurium-244, fecalTPOcurium-244UFOuranium-234, fecalUROuranium-234000unknown isotope001sulfur-35002cobalt-60003Lead-210004Sodium-24.__________ 005zinc-65006technetium-99007arsenic-74008bromine-82009iron-59010manganese-54011iodine-131012cesium-134013Strontium-90, fecal014barium-140015tin-125\n X-1O Urinalysis Codes\nUrinalysis codeRadionuclidecomment016thallium-204017neptunium-237018sitver-11O\n Plutonium-239 (pu9)isotopeCount of isotopedept,PU?Grand Total DeptCount033Grand Tot747300114.14 .3370182300333 .339082'30162222 .4650443017.I.1.4455393041 1 1 4435.37304622 .3078253047.44. 4362•2305033 3016230601111 .319323062..66.3360193063 11 300114307222 307714307512...12.3075123077 .1414 34901230782525 3650.12308933. 3060 113090 11 3674 .10\n•309122 3430•9.3093•11 323483096••44•446083098•II•34753107 11 .306263109 11—314263112•I•I 311753115 1 .1•34055311755 365753137•44•304743139 .11 3096•43140 11 313743141•I1 316643142.6•6 33204314322 341043144.11 3470'43151.2— .2•36154\n•3165I—.41 364043166 4 0331673171319111._____300331313•305030893331932020 31913'319522 32003'32003•3 3632.33202 •22 30462323488 30722\n•33203341•44 3091211 3143 •2 -—33601919 31512\n Plutonium-239 (pu9)S .\nCount of isotopeisotopedeptPU9Grand 'total••DeptCount3361— 22 ,3195233692.2 •320223310182182 336123390'8282 336923405—.55.3420234103420343044 534352—.2—:___2934823634223435347022• 4390244..3017 1347577 30411348222 •306313483 113090134901212 30931361544 •3098 136323331071363422.3109 1364044 3112136501212 .31151365755'3139 136741010 31401374311•.314114163 11 3144 1436011 3165 143622525 31671439022 317114430 11.3341 14435 53737 3483144553939 3743 14460884163 146504444 43601Grand Total 747747 4430 1\ne4-5\n 6L44,4Plutonium-239 (PuO) .Count of isotopeisotope ..deptPUOGrand Total ,DeptCount03737Grand Tot2019323233370597\n•2601223602200 3038833901773015223079127301666319397306144307886306288 .3325833063.1515323461 —3068334370563071 .16163420543073.553604493075553080.483077 .1 •136754430788686•0373079127127 34703730804848439026308133 3233191 1134752231939797 3071 .163194 11390163195 1•13063153198 113632•143200 114603123234•6161360811.32902236501033258383367410336033300383369 11306283370597.597.338083380.8836147\n•. 3390177177 301663410.333073534205454307553430 11 30614347037 37.841043475222230683349016163081336022002003360336032234103360449.4941933360811112601•23612 113015236147732902363214—1436032 —--——e..114650236501010307713674101031911\n Plutonium-239 (PuO).\nCount of isotopeisotope '*deptPUO—Grand TotalDeptCount36754444.3194141933331951437O5656 3198 143902626320014435 1133691460312123430 146502236121841044.36341Grand Total20192019443,51\n . ,Gross AlphaCount of isotopeisotope .dept .GUOGrand Total .DeptCount03939Grand Tot72933001•3636•337024833003324324. 32907363004.727230785673006151534703283008553003324\n:3009 113193264\n•3011121243621743016,9393 .34751673017 1134901213019 1 1342011930322828 44351193046..22365011430601212307511030626565 339010730635858 3016933072 11 3641933075110•110465090307771714320853078567567 3004723089223077,713090 .55.36307030912121 3062653093.10103063583095 11341050309616163639493112 .113194473117 ..684455403136. 110.393139.2. 2 300136314122 3405353151 11 3191293152 113430293166 11303228316722 363228317322 34352531912929 419325.3192554430233193•264264 36382231944747 30912131951414 364220320077•30961632345.53006153290736736•336015332066 319514334011•________36401433414.4 4460143350113634.13\n Gross Alpha .,,..Count of isotopeisotope,.deptGUOGrand Tptal\"\"DeptCount336015,1530111233702483.24833060123380'I.I384312,3390107107•309310340535 .35 .438010341050503.15.93420119.119436093430292944209.34352525•.93470328328•3117834751671674270834802,2320073482113674'7348322.3320634901211214370.636122•2.300853615993090536307070,31925363228283234536341313334143638,22.2236494.3639.49.49 3743.3640141437253364193934112.336422020439033643121230462364944308923650114114313923657223141236712.2 31672367477.______31732372533348023743.4 .4 3483241123336122416311'36572419322536712427068449024300 113009 143208585 3017 1.4360993019143621741743072 .14364 1.I3095 14370•663112.I43801010\n. 3136 1• 4390333151I442099.—3152 144302323316614435119119 •3340 1\ne,4-q\n Gross Alpha .,,\nCount of isotopeisotope.deptGU.OGrand TotalDeptCount4455404033501446014143380144902234821\n•4650.9090 •4163199•• .4300•IGrand Total7293729343641\nBtl.-tO\n I •Uranium-234Count of isotopeisotopedeptU-234Grand Total •DeptCount08585 3370209332121 347010374113290300378942,1 26012•230014747 30783243003421421 319330030042929 339027130061111 4362267300833 34752573009 130162303011 1 3410188301555. 44351843016230230•46501793019 1 130751773021 11 342017430321010•30791533047 '11 349013930601818 3602138306144 364112130622929 • 32349130631313 3630863066 1 1 085306822 3639803070 1 1 34357630712020 4370733072 1 1 36757130731010 3604633075177177• 36386330776161 3077613078324324 4320573079153153• 319449308066 300147308133 36504030911818 •34303830931212 340537309411 33803330961111 419332311222 3191313137 11 364030314233 3004293144314822• 30622911 4390293151— 33 3213152 1.1 3071203173 11 449020319131923 1343193300.300 3091332530601918\n Uraniurn-234 .,Count of isotopeisotope ,'deptU-234Grand Total ••'Dept3195Count15 31944949.•3195115.364215319611•\n•H 460315320099 .3063133201 1 1 36081332349191• 3632133290789789 .30931233251919 337512\n•334033,•30061133411111 • •309611336077 334111•3365 11 43.60113370•2092093•30321033751212 30731033803333 .3615103390•271271 32009•34053737. 442093410186188 364383420174•174 •3674 •834303838 • 3360734357676'43807347010371037 a08063475257257 43006\n•3480• •.3..443063482 1 1 44556348333 301553490139139 446053602138138 306143604• 6363 3192436081313 364943615.1010 3671436308686 41124 —36321313 30083363422 3081336386363•,.3142336398080 3151336403030 334033641121121 .3480336421515 34833.364388 84103364944 260.1236504040 30682367144 31122367488•.3144236757171 .36342411244 42702 II 41419332.32 3009 1\n 6t4-13. .Uranium-234\n.Count of isotopeisotopedeptU-234Grand Total ..Dept3011Count1 4270 •22429011 3019'1430066 3021I\n•43205757••3047I43601111 306614362267267.3070•I•• 43707373 3072 1438077 3094 14390 •29•29 3137 1.44204430•99 3148 166 3152144354455184.184 3173I\n.,6631961446055 3201•I4490 ,2020 .336514603..1515 .3482I4650.179179 4163 1841033 4290 1(blank) 1818(blank)18Grand Total.91469146 .Grand Tot9146\n Curium-244 . , .\nCount of isotopeisotope.'. ,deptTPOGrand ToaI' •DeptCount072.72•Grand Tot29093. 334.370650.1025 11•36022963001$11..332521730031414•,3390208301533 •3078191301616.16 31931503045 1. ,1 '3675137306199 .323412130621717•,308011530633737 3079100306822 .3420823070 1 1 360478307199•07230735.,5 3632403074 11 30633730751919 347035307722..334.3078191 1.91 .3674333079100100•3650313080'115.115.3475233081,. 77. 4390203088 11.307519319133'3380193193.150150.306217.3194 11 3614173195 S55 3016163198 11 349016320022 3608163202 11 4370163234121121. 300314329022. 306193325217217 307193360 11 30817336944, 307353370650650. 3195533801919 84105—4 339020E1208— 33693405 1..__- 34104I-- 4650434208282 3015334703535 3191334752323..36343349016.16 306823602296296 30772360322 3200236047878 3290236081616 36032q-lt4\n , ,Curium-244Count of isotopeisotopedeptTPOGrand Total•Dept•36121141932361311 1025136141717 3001\n•36324040 .3045I36343330701363911 3074I36503131 30881•367433.33 319413675137137 3198I4112 11\n••32021419322• ••33601437043901616 3405120• 20 3612144351•1 361314650•84104545.36394112•1IGrand Total29092909 4435 1\n •Strontium-90.\nCOunt of isotopeisotope .deptSROGrand Total DeptCount0122122 .._______Grand Tot1423831919•337021921311•.307811071025 11 3390'10082601 11 34708743001126126 3290735\n'3003295295 36506833004141141 3193547300630082323 3490415116 3475404300922 3016388301133.307535930156644353503016388388 44553123017113003295301922•3602' 23730328E85 341022830413.34352103046Ii11 342020430471616 3639188305099323417430608888 367415830615536381503062114114 336014330637676.3004141306811•3077134307011 300112630711212 343012630721111 332512530731212 3632125307411 01223075359359—_______3062—1143077134134 3630993078307911071107 3060885454 3641863080 11 303285308199..340579308544 306376308655338063308811319456—3089101030901414 —3079544460543091'3939 364047309318 ,18 439045309444 31914330953330962828309711309139465039332038.\n Strontium-90.\nCount of isotopeisotope,.dept3098SRO.Grand Total ,•DeptCount11 ,44303731001.1•• •31173531071414 361531310922 3634•303112 1 1 •3341293115 1 1 •30962831173535 31952531332. 364325313622 ,300623313744,.365723313966 • 364222.31405. 5 44902031411818 31931421414 315219314344. •309318314466• 31411831483.3 348318315177 .41931731521919 3008163160 I .3047•16316566 3090143166E8 3107143167113.31421431711.1 31671331735532001331914S43•307112319255. •307312319354.547 .43621231945656.30461131952525 .307211319655 3743113198 1 1 30891032001313 30509320122 .3081932024\n.1744. 348293234 174 316683290735735.\n•3151.733203838 367173325125125 43647334033.2943707334129 30156335055 313963360143143 ..31446336166 •316563365 11 33616336966— 33696337021922192 3649633806363 41126\n Strontium-gOCount of isotopeisotopedept. .SROGrand Total .DeptCount339010081008 4360634057979.4380634102283420204228204(blank)3061•\n,653430126126 308653435210210•314053470874874 ,.317353475404: 404.31925348033 3196•53481 1 1 3350534829.9 4270534831818 3085.43490415415 309443602237237 . 313743608 1 1 .31434361222 . 3202 ,. 4361322 41634361531.31.4320436309999 301133632125125 ..3041336343030 30953•3638• 150150 314833639188188 3340 .•3\n•36404747 3480336418686.8410.33642222 300923643252 301923648Z2. 310923649E6 31332365068683 313623657• 223 32012367177 361223674158158.________•3613237431111, 36482.411266. 131 •416344 1025 141931717 2601 1427055 3017 14290 1•I 3068 1432044 •300436066• 30741 -43621212 3080.I43647..7.30881437077. 3097143806'6 30981439045.45 3100 144303737 3112.I4435—350350 3115 1\n Strontium-90,-,\nCount of isotopeisotope..deptSRO,Grand Total••DepCount445531.312•31601446054:54 3171144902020-.3198146503939.33651841033 34811(blank)66 .36081Grand Total1423814238 42901\n6\n TritiumCduntofisotôpeisotopedeptHY3Grand Total DeptCount04444Grand Tot435533434 3602. 10473001—44 —.3369434\n.300321.21 3675326300911 33252703011 '11 3405P238301522 31932343016449 ,30792063060— 113604169.30626767 •307512530634.4 30801063068.2•445510330712.3 339073307344 3490713075.125125.3062673077-2233706730785151•3650•653079206206 3363613080106106 3430573081.9 3380553193234234 3078.5131951212 30164932032 0443234.22 .34204033202 .3470373325270270.341035334133.33433603232 33603233613131 34753233636161 3361313369434434 46032733706767 30032133805555.3195.1233907373..4193113405238238 36381034103535 3081934204040 3435934305757 •360873435347099 36366373237 36575347532 4435534832-2— 3001434907t71•.30634360210471047 3073.43604189189•36394360877 .30713361433 33413363666 3614\n Tritium\nisotope.'.\nCount of isotope,'..dept .HY.3Grand Total ••DeptCount36381010 3015236394 .4. 3Q68236432.2...•'3077236506565 32032365755 323423675. 326326 •3320241931111 348324390 11 .3643.2\n•440522• 44052443022 44302443555•465024455103103 8410246032727 3009 146502'2 3011 184102•2 3060 1\n1.1•43901Grand Total435E4355•I_________ •I\n B-5\nX-1OIn-VivoData\n X10 Ir Vivo testing (l9xx - l9xx) (all data) vs HP Area and Division\n:.ftttype_ARCH CR OT SC TC TH 'NB WN WO hparea . Grand TotalI II .1Iô\n0778•778190720112016202625252626300130173019303730383042304735083550450045014505550055057900792092419739735977:17212947.50,1•I\n• I I31 4641 65\n•I• I\n.I' I. 4232 92392224246147•6581.'35031 572 2.1 1.223 25218•154315675 1719.9.1. 1211719 .138115 7\n•747489 1111251317 564. 4.7 721 21235103252\n.761158803648188'3151720082012201630013019303835173550450045085500550575007900792026.8. 3 3516 2174 1124•32 562214 3654 979 16\n• 1544 5912 332811 4232 5\nI II 32— 62 2\n X1O lr.-Vivo testing (l9xx - l9xx) (all data) ye. HP Affla and Division\nCountoftype_divisionhpareatype_—, ——AR Cl-I CR 01, SC TC. TH W6 WN WO Grand TotalAH971AH Total ...182138113432811 BI\n.,I,79C0I .I •9p1.4..49211 .9.99771•—.114182154B! TotalCH.\n••I2187818 69.78\n.\n.\n.3019._ 1'1 •23553 ,1.5 64500.,. 7•29209655500 11037 485505'I•213611787920 I•ICHTotaI . 912177701278CM3500 1 I4500• ,. ..II5500. II.CMTotal 123CS2008 . 1I4500 .22CSTotal . 33CT\n.\n.\n..\n.\n.\n..I24320521 2531000 1 12026 II3019 3121072701221.6323038 112.3503.5 53505 1 13508 18 183550•318148433591 . 1 .I3592.1 14500282421662244624501 11 24505238 4045C73163 22455.1 155C357312883 .825505 1 17509 1 17720 1 17803 II790072641001721927920 38484112792C:1•I44I9771. 1.8356CT Total 1053117996961132021947DII1 11I2S5-\n X10 ln-Vivo testing (l9xx - l9xx) (all data) vs. HP Area and Division\nCount of pe_pe_— — — —— — AR CH CR OT SC TC TH WB WN WO. Grand Total division .hpareaDl•\n.2001 I .13019 2•23550450050001155.____1•659204 2 2Dl Total . 1117\n.='19EL .1—3.355dp 158 23;EL Total6000\n.2. 2,365483864EN3001..,22450D IIEN Total • 3 .3EQ\n.\n.20S. 333001. 22\n.30193038 .17.3'1733517 44'.353 4.44508 .1 15500———•14.145505.—:77900 ..22EQ Total. .57.57•EP600060106 .655EPTotal.. 1111ERI2016 3 3ERTotal., 3 3ES\n.\n•.. 2008 .3330192540110472223500 1 13550 101929ES Total ..254012169.255ET\n•3001 13.43550 •.I9771 .33ETTotal 178FM3001 1 13517 1 14500 123FMTotal •• 14.5FR200,8 101076C0 1•IFRTotal 11 11GE 17 82008 1I2013 79 793001 • II\n135.-\n X10 ln-Vivo testing (l9xx - l9xx) (all data) vs. HP Area and Division\nCount of type_ type_——divisionhpareaAR ICHCR OT.SCIC TH IWBWN WOGrand TotalGE ..30193038•.,,'I•\n..11414I7900———•21 .3GE Total ... 188216 •107HE.,2008 ..•1I 3550.. 55.104500' 3 3HETotal .8614HPI15I18I 0 1362001 56. 562007•,3———.32008 11 1.12016475177.61.1642026 2 22523 3 .32620 I I30,i2236 313017•..20• 20301.9•88736— 131302S ,2 23037 6 .6. 308 2.2182 333042 2•23047.6.. 63504 29 293508 2 23517•1162173525—— 2.3550. .177 244500 1.11817— 1364501 1 14507 .2 24508 .11 25000 4.45500 3507 605505 31 46000 ,.3 37000 1 17017 1 17500 11 27503 .2 27710.195 2479G0 112321 .467920.3 39201 1 19204 3 .39207 1 .I9213 1 19771HP Total 1994182733 1273996135 18\n65-4\n Xl 0lr-Vivo testing (1 9xx I 9xx) (all dtà) vs. HP Area and Division\nCount of type_ type_— ———AROH CR OT SC TC TH WBIWNWO Grand,division•hpareaHS2013 I79 .3038• .36434500..I .5505 —I—7500 1.91017 7900 1061 .HSTotal 11——43—55——•'•.109.23 IC 1 320• . .\n.\n.\n.\n.\n.\n,.\n.•\n.200•1 I2 2007• 2\n•2008.1..1201.2 1'\n• 2013 12016 32026 1. .I4 2506 439 3001•208•11 .3005 I.14 3010. 4.,3019 361222..43.I 3025... I •.3038 221527 3042 27.3500 1974 2013517 2 23550 1130144•45qo 181,194508.4\n.ssdo 1184 55\n•6000 .126186025 4 .47500. 411 7503 II2 ..7509 277 7 . .72 771.3 27903. 2832 338 7920.339201 17 179204 14 14 97 2 2IC Total . 5324915293 64649 JE\n.2000 481 .2013 I.I1 2016 12518 2 21 3012 13019 256068 3 1564500 19 191 5500 1\n X10 In-Vivo testing (l9xx - 'l9xx) (all data) vs. HP Area and Division\nCount of typdivisione_hpareatype_.ARCH— —CR OTSC— —TC TH WB WNIGrand TotallE.7930 I9201 .3 3971•—. IlETotal 25138684.235IN•2008•.7•7 T4500 669771• 1 1IN Total•113' .14•IS.\n•,.\n•\n•1•10201001•1313001.1...'I\n•3019•. I I.3026..4...43027•2•23028 1181 203029• •17 •173030 I3031 2 23033•.13037303844220140•987 .202913047 130 313092 1 •I3517 157929 1233550 •2565•81\n•1719201 47 119771 2438• 62IS Total .1002025122497890LP . 1 1I\nLPTotal2008 I• 1I12MA4500.4.. 45500 1 19771 1 1MATotal 6 6MC\n•\n..\n.\n••.\n•\n•1 418 222506 2•22528 2 •23001 4•2 63012 3 33019 1166 143025 1.1\n•3525 28 2835O—•I1612• 29450 I218• 21••2224501 1 14508 113319121655500610489 1.995505 1 .I6000 2•2790021139 25\n X10 In-Vivo testing (l9xx - l9xx) (all data) vs. HP Ares and Division\nCount of type_type_.— —.— — —divisionhparea '.ARCl-I CROT SC TC. THWB WNWOGrandTotalMC7929.42 69201.. 7, .79771 ,1IMCTotàlMO2016162—562Jj15——7364MOTotalNP.\n.\n.\n.\n.•1S3.,—411\n.143001 4 430102IG 213115 ,6• 6.4500•'1,31. 32550 ,425I48.605.10 107000•1..I7202 1 'I7700'27 77702.____ 24 267710 12.1•47900 ..132 159213 ,923•32924197711I9..'I.10NP Total .17320381232OP\n.\n.•\n.13163 1662008 19192016 53013 482026.II2325 1 1. 2523 4 4300126255781973005 1 13010 3 3301,9124II173025 6 7'30262\n•69 ,713028 1 13038'213117012574623042 53 1543517 3052823525 23' 233550 13937601374500.I 1600041 17002 1 57500 .2II7804 2.7819 .I•I790079.OI59 139171972296209213 1.I\n -t\nX10 In-Vivo testing (l9xx - l9xx) (aD data) vs. HPArea and Division\nPECount of type_divisionOPOPTbtal•hparea9771\n.pe_.— — —AR CH CROT'SC TC TH WB WN ?1 Grand Total16613231 571 456 '1 583— —16350I125831000 ..69.—692000..1,—I 20011______103,'•$ •103 20082010.1_____ I2012.16 -\n•7201350_____ 502016 .309481..•2056 2018.6_2026-2506316-—.316:16 251616____ 5 25182525 725______•.---722526 I38 25e-7 38.-26127.5 .12280430C-i •121\n•25.3661I1252 3010301430192—i___ .—2572 159—180—4.•t44031 30243025• 31.12 122 3026 2—I 3031 1.9 3034 813035 I I102 3038 1652_43\n——3042—. 33 .333044 15 ..1512 30473074,314533.341 3087 13104 84—-—.841 3115 1 .3500 3 335023505.673--67381 3517.192. 6022 3525 223547,-I66 3550482232__1 3570 1. 3578 1 .3587 89 89\n X10 lrVivo testing (l9xx - l9xx) (all data) vs. HP Area and Division\nCount of type_divisionhpareatype_ARCH—CR01,.SCIC—TI-I WB WN WOGrand TotalPE.\n•\n•\n.\n..\n.\n.\n.\n.359212210.4500.,•2•84 1184501 ...,3.34504507 •.7.I74508 1269 27550055051\n.•718\n.•\n.16Ti.4266000 Ii543 596010 2 27000: 3 37001 ...I 17002 896 1047003 , .9. 970Q4 1 • . I7005. 8 8.7007 • 17 177008 .I I7009•, 12 127012 114 1147015 6 675007503•'.4422•..6427506.I I7520 .II77Q3 3 377C2 .II7715 ..11 2.78C478297116179CJ21079391131791:0 .6287920 , 1012 22PETotal 9852147950761852714PH\n.\n.\n.1 1 13OGD. I I4500 521 535500 31.8 396000 2820 306010 2 2PH Total 86931 126P1. 4500 5 55500 1 1PITotal 6 6PR 1 2 22016 11 24500 1 1PRTotal 311 5QA 30013019.1 1\n.4995144\n X10 In-Vivo testing (l9xx - l9xx) (all data) vs. HP Area and Division\nCount of type_divisionhpareatype_.'ARCHCROTSCTC THWBWN51.Grand TotalQA3047 . 9 97900 .112QA Total ... 50•106156RC\n.\n..1 8..82024 73 33001.•2 23Q1 5 5.3025 1•.I30\u00126 2...23038 1 13042 4,43550 1....I4500____ •1069141 944501 28 .285500 204 .247900 2. 29102 1.I9201.11 119204 4 .49241 2 ..29771 5RCTotal 10—169181 .198RE\n,\n.\n.\n.\n,. I25 .252024 I ..I3001 .3. 34500 1 15500 3.37500 102712497503 19 197509 .4 .47900...2810 . 389201 4 49204 .2 29241 1 19243 1 I9771. 175 22RE Total.1251261812. 173SS.\n,\n,.1 .20 20.30Q1 7. 7301 326 .113025 1I3038•10424. 213035Sb .. 1.125500 1 .7900 1 1SSTotal , 31108313173TH I9201 1 ITHTotal IITI °145001 16 6\n85-10\n X10 In-Vivo testing (l9xx.- l9xx) (all data) 'is. HP Area and Division\nCountoftype_ type_—,—WBGrand Total divisionhpareaTI55009771.ARCl-ICR•_,OT.1.3THWNLWO—I311 TITotal .:•iiI UR55C0.I,1 1:2 (JR Total. ••2XX\n•\n,124•802I89I 3001..I. 35 3033• 353047 .,4.1 4508 . .1 ,I 7920 .I•49 9771 481XX TotalVY9771. 2.480539401180iI YvTotal I(blank)I(blank).•• . (blank) Total I 13914 Grand TotalII726619.643871603418j 472519114\n135-I I\n Appendix C\n c-iY-12 Job Titles. ,\n Y-12 Job Titles(abbrevited listing --job titles that appeared more than 10 times in CEDR database)\n732ACCOUNTANT 15ACCOUNTANT I 13ACCOUNTANT II 28ACCOUNTING ANA 39ACCOUNTING ASS. 31ACCOUNTING CLEACCOUNTING SUP94-17ADMINISTRATIVE 153AIDE COMPUTER-11AIDE ENGINEER 72AIDE INSPECTOR 16AIDELABORATORY 34AIR COND & REF 31ANAL 29ANALYST ASSAY 96ANALYST LAB .417ANALYSTANALLAB 48ANALYTICAL CHE6APPLIED HEALTH 84ASSEMBLY ENGIN 21ASSEMBLY FOREM 13ASSEMBLY PERSO 2ASSEMBLYMAN____ 127ASSEMBLYMAN A 69ASSEMBLYMAN B 128ASSEMBLYMAN C 16ASSEMBLYPERSON 245IASSIGNMENT SPE-ii_(ASSISTANT ENGRSISTANT OPERSSISTANT PRODASSISTANT TECH44—111013439113ASSOCIATE ASSEorriASSOClATE DESI11—28FASOcIATEDEVEASSOCIATE ENGR1326iiT?sTãASST CHEMISTRY1ASST ENGINEER___!ASSTOPERATORÔE1ASSTSKILTRA47\n.422012ASST SKILL TRA 38ASST STATISTICASST TECHNICALASST, GEN. SUPASST. GENERALL!LI.1313133.\ncI-I\n Y-12 Job Titles(abbreviated Ii'ting —job titles that appeared more than 10 times in CEDR database)!ATTENDANT TOOL 22IA11ENDANTCOUNT. 28[ATTENDFIRSTAID-16IBENEFIT_PLANS. 14BOILERMAKER___ 23BUDGETING AND 37BUILDING SERVI .1255CAPTAIN FIRE 18237CARPENTER APPR 14CASHIER AND GR 73CHAUFFEUR 24CHECKERPROPERT 13CHEM .14CHEMICAL OPER 70CHEMICAL OPERA 627CHEMIST 331CHEMIST ANAL 14CHEMISTASSOC 115CHEMIST DEV .18CHEMIST I 39CHEMIST II 42CHEMIST III 44CHEMIST IV 21CHEMISTASSOCIA 21CHIEF FILES &-13CHIEFFILESAN 19CLEANER 1008CLEANRLABEQUIP 17CLERICAL ASSIS 100CLERICAL TRAIN 55CLERK 1478CLERK CONTROL 17CLERK EDPM 28CLERK FILE 40CLERK FOREMANS 21CLERK KEYPUNCH 49CLERK MAILEERforCLERKMATERIAL18-—13CLERK PROPERTY1CLERK RECORDLE556EtAi6CLERKTYPISTLkAööu,TW'13348Th\n41oCLERKACCOUNTNG 13CLERKRECEIVING 71CLERKTABULATIN 46COAL HANDLING 15COMMUMCA1]ONS 17\n Y-12 Job Titles(abbreviated listing — job titles that appeared more than 10 times in CEDR database)OMPUTERAPPLI'COMPUTING ANALICOMPUTING APPL13249\nrCOMpUTING CONS1O1MPUTING SPECCOMPUTING TECHrc0NsuLTANTDEv201665217FCONS15LTANTE 14CONTROL CENTERCONTROL OPER3412COOKcO-oP STUDENTCOORt)PRODUCTN,.__2038918COORDFABRICATNöOORDINATOR -13. 15ESTIMATOR__.CRANEANDHEAV..,1129CUSTODIAL FORE 17DATA ENTRY CLE 35DEPT. HD. -EN144DEPT. HD. -LA25DEPT. HD. - MA 34pEPT.HD.-PR —DEPT. HD.- SHDEPT.HD. - TE152815DEPT.SUPT. - 156.[bESIGN ENGINEE 103IDESIGNSUPERVIDESIGN TECHNOL1939DESIGNER .-84DETLR ESTMTR 17DETLRANDESTMTR —13DEVELOPMENT AS 280DEVELOPMENT CH 24DEVELOPMENT EN .DEVELOPMENT GR 68DEVELOPMENT SP .36DEELOPMENT ST 252DISPATCHER MAT 116FDISPATCHERBATC 14IbRAFTINGTECHN .DRAFTSMAN .DRAFTSMAN ENGR66289165DRAFTSMAN TRAI 40rbGo1EDP AIDEEDP ASSISTANT1549239[EDP JOB CONTRO.79IEDP LEADER 11EDP SPECIALIST 20EDPSUPPORTSP 12EDP TECHNICIAN ..62\nC,L-3\n Y-12 Job Titles(abbreviated listing --Job titlesthat appeared, more than 10 times in CEDR database)ELECTRCN MAINTtALKpELECTRICIAN1ELECTROPLATER391714115JLEMPMSTRCOMPARE\" 29ENG 1991ENGINEER 585rENGINEER - ESTIENGUJEER-F!RrEiiE—111436iEtJENGINEER - PROENGINEERASSO1312Th1&E511EAfi95ENGINEER I 337457 ENGINEER IIENGINEER III 700ENGINEER IV 440ENGINEER MAINT 31ENGINEER OPER 14ENGINEER PROD 48ENGINEER SUPER 33ENGINEERDESIGN 87ENGINEERINDUST 17ENGINEERING Al .32ENGINEERING AS 231ENGINEERING DE 23ENGINEERING DR T127ENGINEERING PRf28ENGINEERING SPtENGINEERING TE171201[ENGINEERINSPECENGINEERMATERI1721ENGINEERPROCESrENGINEERPROJECENGINEERSAFETY1ENGR ASSOC DES17181415ENGR ASSOC DEV 47ENGR ASSOCPROD .16\n1215ENGR SPEC PROJENGRASSOCMAINT[ENVIRONMENTAL 35[EXECUTIVE SECR 26FABRICATION CO 17FABRICATOR 59FLECLERKt\n Y-12 Job Titles(abbreviated listing -- job titles that appeared more thafl 10 times in CEDR database)1ñtEVICE 451RE&GUARDL-—211RE AND GUARD 146FIRE PROTECTIO. 46FIRE SERVICEMA 26FIRETRUCKOPE 101FlREMAN 361FOOD SERVICES 16FORE 172FORE ASST PROC 148FORE ASSTCRAFT 237FOREASSTINSPEC 15FOREASSTPROCES 29FOREMAN CRAFT 471FOREMAN INSPEC 40FOREMAN LABOR 39FOREMAN MAINTIFOREMAN RSWP3.11IFOREMAN_STORESIFOREMANASSEMBLLFOREMANFOUNDRY1FOREMANGROUNDS16191413EFOREMANJANITORIFOREMANMACHINE1364FOREMANMACHINI 77FOREMANMATERIA 28FOREMANPROCESS 246FOREMANSALVAGE 17FOREMANUTILITI 12FOREMANUTILITYJFOUNDRYMANGARAGEMECHANIIGEN.SUPV.-I[GEN.SUPV. -M1U-i1314—452398GEN.SUPV.-U 16[GENERAL HELPER 141GROUNDS EQUIPMGUARDH. P. TECHNICI-1288624HAND MACHINE 68HANDLERLHANDLER MATHANDLERMATERIAHANDLERSALVA1724312171IHEADDEVDEPTrAAftrHEAD PROC DEPT127.13[HEALTH PHYSICS 186HELPER 325HELPRSKILTRA 26HUMAN RESOURCE.53\nct-5\n • Y-12 JobTitles(abbreviated listing -- job titles that appeared more than 10 times in CEDR database)\n, ,tH-V-EINSPECTO 35ILLUSTRATOR 27ILLUSTRATOR II 17INDUSTRIALHYG89INFORMATIONAS20[iitToWW1INFORMATION RE4413INSPECPRODFAB 69T4INSPECTION ENG 11JINSPECTION FOR 22[INSPECTIONTEC—.17LINSPECTORINSPECTORAIDE204JINSPECTQRMATR.11FINSPEcTORSHOP91[iNSPECTOR-WELD 72[INSTRUMENTMEC'65[INSULATORINTERVIEWER______8821INTVR 12IRON WORKERAN65JANITOR 3931JANITRESS 19[JUNIOR STUDENT 30KEEPER1KEYPUNCHISALVYD 2525KEYPUNCH II 17KEY PUNCHTRAI• •26LAB ANALYST •12LABORATORY AIDöYAA35158LABORATORYSUP21LABORATORYlEO96LABORER 1108LIEUTENANT-P 64LINEMAN 14M.S: PROGRAMMEMA[MACH PROD FAB50333MACHINESPECIA 677[MACHINE SPECIALMACHINETOOLSMACHINING FORE1177621MACHININGGENE 14MACHINIST 3697MACHINIST-EX ..546iPkOMACHINiSTOi-iiThW(PRO904iN!S1fPP___\n Y-1 2 Job Titles(abbreviated Ii.ting --job titles that appeared more than 10 tins in CEDR dtabase)MACI-IINISTMAINT 50MACHINISTSETUPforKNIMAINTENANCE EN3130MAINTENANCE GE 2.1[MAINTENANCE PLFMANMATERIALSMANPARTSIMAN SHOP MAINtMATERIAL EXPED—3813530122MATERIAL HANDL 603MATERIALS AND 51MATERIALS CLER 179*22232121814A1 iAtrb1WMATERIALS INSPMATERIALS SPECMATERIEL ASSISMATHEMATICIAN1MATL. ORDER CL[MATL. PLANNER[1ATL.REC.AND[MECH DEV EQUIPECHANICiMECHANICDEV1MECHANIC ELECT[MECHANIC EQUIP11ECHANIC INST___MECHANIC INSTRMECHANIC MAINTMECHANICGARAGEMECHELECTMAINTMEDICAL TECHNI1METALFABRICATMETALLURGISTMICROGRAPHICS.MILLWRIGHTIMOBILE CRANE 0MOBILE EQUIPMENURSEOFFICE ASSISTALOPER.OPERASST1OPER ASST PRODOPER CHEM PROClOPER FIRETRUCKOPER PROC SERVOPER STEAM PLT2155171519105194946149•24131618143918127\n.2924645416212822241TJJ1141181OPERATOR 132OPERATOR ASST 14OPERATORASSISL55J\n [QPERATOR ASST—833IOPERATORAT1bPERATORCHEM1239OPERATOR CHEMI 12OPERATOR CRANE:21OPERATOR EQUIP 19LOPERATOR MACHOPERATOR PC6682EOPERATORPP166bAWWT26T.—ëOPERATOR TRACKOPERATORBOILEROPERATORCHEMICbPERATORcONTRO[OPERATORMACHINOPERATORPROCE$181494930iob376OPERATORPROCESS 24OPERATORSALVAGö1WEEcAn_19\n1OUTSIDE MACH 13OUTSIDE MACHIN6üiUEAiiF338IPAINTERPAINTERAPPREN13916PARK LIFEGUARD 13PARTS PROGRAMM 38PAYROLL ASSISTPAYROLLSERVIC 12PHYoiEATr13T1 3PHYSICIAN J28PHYSICISTfT5PHYSICIST III1PHYSICISTASSOCPHYSICISTHEALTIPIPEFITTER1PIPEFITTER APPPLANNERANDES20441877836463!PLANNERMATERIA 47\nFE1ff9PLANRANDESTMTR 15\n!tEiiPRINTING DESIG 12FPROCEDURES SPE 24PROCESS FOREMA 46Y-12 Job Titles(abbreyiated listing -- jo titles that appeared more than 10 times in CEDR database)\nIPROCESS FOREMANPROCESS OPER1866\n Y-12 Job Titles(abbreviated listing.-- job titl that appeaedj more than 10 timesin CEDR database)PROCESS OPERAT 692PRODMACHINIST .13PRODUCTION BOl 91IOöãTirPRODUCTIONDIS. 27TPRODUCTION OPE 44PRODUCTION SH.PROGRAMMERPART 24rPR0JECT ENGINE 14\nQUALITYCONTRO 77R&DGROUPLE 11TE:5EVEC6W1ThRADlOGRAPHER 144AbTöKEAT,ÔRECEIVING AND 198ECORD CLERK 531REPAIRMANELECT 12REPORTSANDDA 174REPRODUCTION A 171EÔiI 40REQUISITRSTORE .A612iiT—i11RIGGER .75IGGER&IRONWKR 28SAFETY SPECIAL[SCHEDULER PROD3726IENcETEcHNO 571SECRETARY 617LSECRETARYI 153SECRETARYIL'EñiibT14960SECTIONSUPV.SECURITY INSPE14997SECURITY OFFIC[SENIOR ENGINEESENIOR TECHNOL2014.19SHEETMETALWO 91SHEE ¶EtALWb1kerAV_TtSHIFTSUPERINTf40SHIFTSUPERVIS .34SHOP MAINTENANI70SPEC152FSPESPEC MACHNEIc\n 1STATISTICAL Al:STATISTICAL AS1STATISTICIANSTATISTICIAN ISTEAM PLANTOPSTENOGRAPHERSTOCKKEEPERSTUDENT COOPSTUDENT INTERNSTUDENTTRAINE 23SUPERASSTLAB 1511SYfEY-12 Job Titles(abbreviated listing -- job tit!s that appeared,mor than .10 times in CEDR database)EpbJöIPECIALIST DEVE'IAIS1CLAUSTMACHR. ACCOUNTING1735Th\n611SR. CLERICAL ASR. COMPUTING___12717SR. CONTROLC ..14SR. DEVELOPMEN 17SR. DRAFTINGT 85SR.EDPASSIST .40SR. ENGINEERIN 479SR. FABRICATIO .19SR. H. P. INSP .35SR.H.P.TECH .11!SR.HEALTHPHY[SR. ILLUSTRATO.1120rSR. INFORMATIO 15SR. INSPECTOR 139SR. LABORATORY 293SR. MANAGERS .14SR. MATERIALS 7462 SR. OFFICE ASSSR. PARTS PROG .44SR. PAYROLLAS, 15SR. PRODUCTION ..45R. QUALITY CO 13SR. RADIOGRAPH . 106SR. REPORTS ANSR. REPRODUCTI66..27R. SCHEDULER 17SR. SECRETARY .240SR. STAFFCONS.111SR. STAFF ENGI:SRSTENOGRAPH19701TôWMAY 42rSTAFF ENGINEER 202STATIONARY ENG 310STATISTASSOC 5114&7742356813424652\nCt- (0\n Y-12 Job Tftles(abbreviated Iiting --job titles that appeared more than 10 times in CEDR database)'WELDER____471E51TECHNOtWkWEAiJiib4—\n C-2X- 10 Job Titles. .\n X-10 Job Titles(abbreviated listing -- job titles that appered more than 10 times in CEDR daabase)\n347ACCOUNTANT I 31ACCOUNTANT II 30ACCOUNTING ANA 56ôUTii6dACCOUNTING CLE 60ACCOUNTING SPEAWOYFW1024ADJUNCTR&D 12ADJUNCT RAND 68ADMINISTRATIVE 210AIDE ENGINEER_______ 45AIDELABORATORY 80AIR COND & REF 53ANAL 31•ANALYST ACCTKALVfUf11E19ANALYST LAB 236ANALYSTTECHRPT 28ANALYTICAL CHE 29ANIMAL FAC. WK 97APP___ 79APPLIED HEALTH 158ASSIGNMENT SP 70ASSISTANT BlO 13ASSISTANT DEV 20ASSISTANT ENGR 45ASSISTANT LAB 46ASSISTANT MATH 19ASSISTANTTECH____ 442ASSISTANTADMINASSISTANTBIOLO11771ASSO____ 128rASSOC RESEARCHIATbr\n[ASSOCIATE DESIASSOCIATE DEVE730To232166ASST 23ASSTADMINISTR 141Ac1ASST BIOLOGY 3ASSTCHEMISTRY433316ASST DIV ADMIN 26ASST ENGINEERASSTEXECUflVE..24\nIASSTPUBLICATNjASST TECHNICAL .1157Ef____\n X-10 Job Titles(abbreviated listing -- job titles that appered more than 10 times in CEDR database).\nj.CLERK KEYPUNCH T31'CLERK MAIL 1134CLERK MATORDER 16CLERK PROPERTY 19CLERKRECORD. 13CLERK REPRObLERK REPROD\n•ERKSTUDENTCLERK TRAFFICt,CLERK TRAVELtErsT1310282410\nLERKACCOUNTIN_____CLERKWORKORDER-5013CO OP STUDENT 101COMPUTERICOMPUTERAPPLICbMPUTER MATH1938T2COMPUTER SYSTE 10COPVPUTING ANAL_____ 309COMPUTING APPL 98LCOMPUTING CONS182COMPUTING SPEC-2991OMPUTINGSYSTCOMPUTING TECH1373[COOKCOOP STUDENT_______1625CO-OP STUDENTroORPORATE FELL____OfEWA?b70921iDARK ROOM TECH 28DATA ENTRY CLE 38DEPT. HD.-AC 14DEPT. HD. - EN 62DEPT.HD.-LA 14LDEPT. HD. - MA ——29DEPT. HD. - RE________ 141b7iTADEPT. HD. - TE 12DEPT. SUPT. - 91DESIGN ENGINEEDESIGN SPECIAL7242DESIGN TECHNOL 31DESIGNERDEVELOPMENT ASDEVELOPMENT EN8222786141DEVELOPMENT GR 22DEVELOPMENT SP 79DEVELOPMENT ST 1062DIR.-R&DP 87DIRECTOR -TEC 10\n X-1 0 Job Titles(abbreviated listing --job titles that appered more than 10 times in CEDR database)\nIENGINEERPROJEC-ENGINEERRESEAR2447ENGRASSOC DES I65ENGRASSOCDEVENGRASSOCCHEMENGR ASST AREAENGR ASST PROJfEAiENGR CHEMICALIIENGRHEADDEVENGR RESEARCHENGRASS0cDESIGENGRASS0CINSTR____ENVIRONMENTAL1ESCORT PATROL34650144212151410412141719EXECUTIVE SECR_____FIGHTER FIREFILE CLERK173134FIRE&GUARDLf5i3A5_____[FIREEQUIPMENT______114210EFIREPROTECTIO 25FIRE TRUCK DRI 34FIREFIGHTER 21HREMAN 104FOOD SERVICES 15E_*FORE ASST PROCFFOREASSTCRAFTFOREELECTMAINT153914FOREINSTRMAINT—16FOREMAN CRAFT 113FOREMAN LABOR 24FOREMAN MAINT______ 39FOREMAN SHIFT 22FOREMANJANITOR 16FOREMANMACHINI—12FOREMANPROCESS____ 281GEN. SUPV. - MGEN.SUPV. -SGLASSBLOWER[GRILL MANIGRILLMAN1GROUP LEADERGROUP LEADER -3111--•25143519101GUARD 532H. P. TECHNICIH. P. TECHNOLOHANDLERMATERIA1940Tm\nCca5\n X-10 Job Titles(abbreviated listing --job titles that appered more than 10 times in CEDR database)ELPER90[HELPER CAFEwr6E21ThHELPER TRANS 28HELPERCAFETER! 52HUMAN RESOURCE 19FLtDATbW [• T6ILLUSTRATOR II, J23ILLUSTRATORTR____ 1 22INDUSTRIAL HYG_____ 82INDUSTRIAL REL 15.7OINFORMATION CE____ 162INFORMATION PR 84[iNFbiMATioNRE46INSPECTION TEC 12INSPECTOR 52INSPECTOFHELDf31INSPECTR EQUIP 11INSTRUMENT TEC 393INSULATOR 27INTERVIEWER 18ISOTOPE DATA C 13JANITOR 741JANITOR AND JA 81JANITRESS •36JUNIOR STUDENT 54KEY PUNCH I 29KEYPUNCH II 401KEY PUNCH TRAI•12[LAB TECH 13ThBORATORIAN 120ABORATORY AID 92LABORATORY ANA 35LABORATORY SUP 12AfbäYT-1-öWöW—ft.ABORERtLAUNDRYCHECKE1LAUNDRY WASHER1600\n13116LEAD PROGRAME 10T27LEADER GROUP 56LEADERENGU'JEER 12LIBRARIAN 40LLIBRARIAN ASST 34INSPECTOR FIRE 26\nLIBRARY SPECIA 13TTJTTTI TTIca-(\n X-10 Job titles(abbreviated listing --job titles thatappered more than 10 times in CEDR database)MACHINING FORE 11MACHINISTHiNISTAPPR____63628MAILASSISTANT_______ 19MAIL CLERK 36MAINT. FOREMANAAINTANCEPLMAKER TOOLIAKERMECHINSTRiE[.43121830-:451MATERIALS CLER 37rMATEF,ALs PREP____ —23tMATH ASSOCIATE[iAñ[ASSISTAN______MATHEMATICIANLMATL. ORDER CL32—379337MAIL. REQUISIT 12MECHANIC—iIffoJMECHANIC ELECT341\n101MECHANIC INSTIMECHANICINSTR_____ATWEiIiEFDiS•-331753734ERCUTILITEbiAcNI_____.3319IMEMMESSENGER1580METALLASSOC[METALLURGIST90192MILLWRIGHT 368tMILLWRIGHT APP •30\nNUCLEAR REACTO_____ 126NURSE ..7OFFICE ASSISTA 28OPER OFF MACH____ 2OPER PWR EQUIP 19OPER RESEARCH 41OPERATOR.97OPERATOR PILE 85OPERATOR POWER 53JOPERATOR REPRO 10OPERATOR STEAM•13OPERATOR TRUCKOPERATORcHEMICOPERATORLAUNDROPERATORREPRODEJkIOPERSTEAMPOWER___1OPERSUBSTAIIONtTi9%•211481311731712\n X-10 Job Titles(abbreviated Isting -- job titIs that appered ,rnor than 10 times in CEDR database)\nPHOTOGRAPHERPHOTOGRAPHER AThb-47221PHYiiLPHYS ASSOCHLTH_____JPHYSASSOCHEALT2562IPHYSICIANhHYSICIST .— ,_._4__IPHYSICISTASSOiirntm.40.77317lotPHYSICISTASSOC . 248PHYSICISTHEALT 146EifrETPIPEFITTER APP_____IPIPEFITTER HELPLANR ESTMTR .PLANT PROTECTI1POWER_EQUIPMEN44\n.21191035PRAC SCH PART .33PRAC SCHOOL PAR 24PRACTICE SCHOO 133PRINCIPAL TECH 51ffi3515fl Tf4PRINTING DESIG____ 91PROCESS FOREMAtPROGRAMASSOC .PROGRAM ENGINE .PROGRAMMERROJET ENGINEPROJECT MANAGE.15171231I•2PUBLICATION AS 49Q. A. SPECIALI.4R&DGROUPLE_____ 329R&D PROGRAM MA 14RADIATION BADGEREAcTORSHIFr1RECORD CLERKjREPORTS AND DAREPRODUCTIONAI.I1995434IREPRODUCTIONC 36EPRODUCTION S 13RES ASSOCRESASSOCIII.1616tETAEèRESSTMBRRES STAFF II.4711RES STAFF MBRMerRESSTAFFMEM74m\n.25fTrLE!(ITôm\n X-10 Job Titles(abbreviated Itjng --job titles th?t apperedre than 10 times in CEDR database)TToRESEARCH ENGIN 64tRIGGER.32RIGGERANDIRO_____ .42RIGGER&IRONWKRAWTC'-13\n:41SALAD MAKER 19SCIENCE TECHNO 217SCIENTRESEARCH .23SECRETARY.1363SECRETARY I 445SECRETARY II 263SECTION HD. - 240iSECTIONSUPV. 111SECURITY INSPE 105SENIOR COMPUTI 18JSENIOR DEVELOP 66fSENIOR ENGINEE1SENIOR RESEARC.15.55LSENIOR TECHNOLSERVICES COORD.7922SHEETMETALAP_____ 20SHEET METAL WO 52SHIFT SUPERINT 16SHIFT SUPERTEN 10SKILLED LABORE 19SPEC .SSPEC BTO LAB 49SPEC DESIGN 11SPECIALIST - A 30SPECIALIST DEV 199SPECIALISTDESI J35SR LAB TECH 11SR. ACCOUNTING 64SR. COMPUTING 27SR. DEVELOPMEN .2631SR. DRAFTING T 551EDPJOBCO____ISR. ENGINEERIN11477[SR. FABRICATIO 101SR. GLASSBLOWE .tSR. H. P. TECH13To.70}SR. HEALTH PHYSR. ILLUSTRATOSINIQi]SR. INSPECTOR .45jRPHB\n R.PHOTOGRAPH 14SR. PRINTING D_______ 26SR. R&D PROGRA 18SR. REPORTSAN_____ 27SR. REPRODUCTI____ 27SR. RESEARCH S. 462SR. SECRETARY 367SR. STAFF ENGI — 15SR. TECHNICAL :32SR. TRAVELASS 14SSMATERIALSR_____ 13STAFF, ENGINEER_____ 81STAFF RESEARCH 1058STATISTICIAN 12STEAM POWER OP-96STENOGRAPHER 118STORESATTENDA 51STUDENT 556STUDENT CLERK 28STUDENTCOOP 11STUDENT COOP_______ 272STUDENT INTERN 142STUDENTTRAINE_____ 115STUDENT TRAINEE._11STUDENTREACTOR 146SUBSTATION OPE 27SUMMER CLERICAUPER ASST LAB29222SUPER CALUTRON 53SUPER HLTHPHYS .18SUPER LAB DEPT 12SUPER SHIFT_______ 28SUPER TRAINING-.14SUPERINTENDENT 22SUPERVISOR 65SUPERVISOR LAB — 42SUPERVISORSHIF .jSUPERVISORYTR2227SUPV.40ISUPV. - ACCOUN$UPV. -ADMINI111ET -.2711.__1SUPV. - APPLIE 15;SUPV. - BUILDI 36SUPV, - CALUTR ..19ISUPV, - EDP!SUPV. - ENGINE1130f1iVTiIE[fir[SUPV. - INFORMLYY:29SUPV. - LABORAAINTET1_ rn*AqX-10 Job Titles(abbreviated listing --job titles that appered more than 10 times in CEDR database)\nI 9\ncia—b\n X-10 Job Titles(abbreviated listing --job titles that appered more than 10 times in CEDR database)\nUPV. - PHOTOGT5hsupv - REACTO.10481SUPV. - SHOPS 73rsupv. -TECH.—SUPV. - TECHNI1064SUPV. - UTILITTECHASST.35221TECH HLTH PHYS'TECH RESEARCH .75TECH SCIENCE ..39TECH WELDING1fEASISTAW.18172TECH. ILLUSTRA 15TECH. REPORTS 66TECHINSTRUMENT .112• TECHNICAL ASSO 255TECHNICAL ASST 20TECHNICAL DIVI 64TECHNICAL INFO 204TECHNICAL LIBR_____ 67TECHNICAL PROG 35TECHNICAL PUBL-.115TECHNIcAL REPO . 84TECHNICIAN___ .30TECHNICIAN LAB--1210TECHNICIAN MED 36TECHNICIANENGR____ 30TECHNICIANINST____ 38TIMEKEEPER ••33TOOLROOM ATTEN 15TRAINEE••156TRAINEE LAB•rRAiMNGCoOIkD.184\n1TRAVELASSISTATRUCK DRIVER•TRUCK DRIVER-253774ITYPIST 1678UTILITY MECHAN 141WASHER LAUNDRY •ASHER WINDOW -1327WELDER 197WELDERAPPRENT •11jWELDING TECH NO •IWINDOW WASHER .56.14LYPYThSfPiTUN..70\nI I\n C-3Y- 12 and X- 10 Department Names and Numbers4\n Y-12 and X-1O Dept. Numbers and Dept. Names\nDEPT NODEPT NO DEPARTMENT NAMEA12AA12A JANITOR DEPT,-A12AHA12AJANITOR DEPTA12AH3A12AJANITOR DEPTA12DA12DDISPENSARYA12GA12GGUARD DEPTA12J.A12LA12LWA12JA12LA12LEMPLOYEES RELATIONS DEPARTMENT (SERVICE DEPT.)EMPLOYMENTEMPLOYMENTA12MA12MMANUFACTURING OFFICE (GENERAL OFFICE)A12NA12NGENERAL MAINT OFFICE/PLANNING & ESTIMATINGA12PA12PCENTRAL REPORTS AND INFORMATION OFFICEA12RA12RCAFETERIA AND CANTEENSA12SA12SRECEIVING/STORES AND SHfl'PINGA12TA12TAUTOMOTIVE REPAIR SHOPSA12W—A12WENGINEERING DEPT .A12WM4A12WENGINEERING DEPTA13DA13DHEALTU PHYSICSA13JA13JSAFETYA13N. A13NGENERAL UTILITIES AND STANDBYA13SA13STOOL AND CLOTHING DEPTA13TA13TTRANSPORTATIONA13WA13WDEVELOPMENT ENGINEERING DEPTA14JA14JFIRE DEPARTMENTA14NA14NELECTRICAL EQUIPMENT REPAIR AND MAINT DEPTA15JA15J.RECREATION & ATHLETICS(INCLUDING BULLETIN OFFICE)EXPERIMENTAL PROCESS EQUIPMENT MAINT DEPT-—________________ A15NA16JA15NA16JWAGE STANDARDSA16NA16NMAINT SHOPSA17NA17NBUILDING AND GROUNDS MAINT.A17NHA17NBUILDING AND GROUNDS MAINTA18NA18NMAINTENANCE SALVAGEA19NA19NLAUNDRYA2ON..A2ONFIELD MAINT DEPTA21NA21NMAINT SERVICESA22JA22JTRAINING DEPARTMENTA23JA23JSECURITY DEPARTMENT .A24JA24JFIRE PREVENTION AND INSPECTIONA5OWA5OWPLANT DESIGN DEPARTMENTB12AB12APLANT SUPERINTENDENT AND DIRECTORSB 12AMB12APLANT SUPERINTENDENT AND DIRECTORSB12AM3B12APLANT SUPERINTENDENT AND DIRECTORSB12CB12CCHEMICAL DEPT (BUSINESS)BI2HB12H.REFINING DEPTB12HB12HREFINING DEPTB12HM1--B12H—REFINING DEPTB12LB12LANALYTICAL LABORATORYB12LHB12LANALYTICAL LABORATORYB13LB13LASSAY LABORATORY.B13WB13WSALES AND USE TAXFI12DH12DCHEMICAL DEVELOPMENT.H12EH12EPROCESS DEVELOPMENT DEPT .\nC3-l\n Y-12 and X-1O Dept. Numbers and Dept. Names\nDEPT NODEPT NO DEPARTMENTNAMEH12EM4H12EPROCESS DEVELOPMENT DEPTH12LH12LISOTOPE DEVELOPMENT DEPT,H12L43H12LISOTOPE DEVELOPMENT DEPT•M12BM12BREFINING DIVISION GENERALM12CM12CCHEMICAL DIVISION GENERALM12MM12M .MATERIAL CONTROL-PRODUCTM12PM12PPRODUCT CHEMICAL DEPARTMENT ..M12PHM12PPRODUCT CHEMICAL DEPARTMENTM12SM12SBOILER ROOM.. .M12WM12WWATER DISTRIBUTION SYSTEMM13BM13BREFINING DEPT .M13BM1M13BREFINING DEPTM13C'M13CCHEMICAL RECYCLE/BUILDING 9206M13PM13PPRODUCT PROCESSING DEPARTMENT .M 14CM14CCHEMICAL RECYCLE/BUILDINGS 9211/9928M15C.M15CCHEMICAL RECYCLE/BUILDING 9204-3M15CHM15CCHEMICAL RECYCLE/BUILDING 9204-3M15PM15PCHEMICAL DEPARTMENTM15PHM15PCHEMICAL DEPARTMENT20012001BUILDING SERVICES2001H2001.BUILDING SERVICES2001012001BUILDING SERVICES20022002MAINT PROCESS20032003MAINT SHOPS20052005MAINT UTILITIES .20062006MAINT SALVAGE20082008TRANSPORTATION20092009MAINT AUTOMOTIVE EQUIPMENT(NORMAL)20112011HEAVY EQUIPMENT MAINTENANCE20142014BLDG.,GRDS.,& MAINT.SHOPS DEPT.2014N2014BLDG.,GRDS.,& MAINT.SHOPS DEPT..20152015FIELD MAINT20172017MAINT & UTIL ADMIN20182018RESEARCH SERVICES DEPT20262026ADP MAINT (ALLOY DEVELOPMENT P MAINT)20332033UNKNOWN20362036PRODUCTION CONTROL20372037N.M. SFG. SHIP. & STORAGE2040•2040UNKNOWN20412041INDUSTRIAL SAFETY20432043FIRE PREVENTION AND PROTECTION20442044—MECHANICAL INSPECTION D.EPT .2045—2045UNKNOWN20462046PLANT RECORDS20482048PUBLIC & TECHNICAL INFORMATION .2049.2049GRAPHIC ARTS20502050SAFETY ANALYSIS20512051.ENGINEERING RECORDS20552055SPECIAL MECHANICAL PRODUCTION DEPT20562056LIGHTING MAINTENANCE20572057FACILITIES ENGINEERING\n Y-12 andX-10 Dept. Numbers arid Dept. Names\nDEPT NODEPT NODEPARTMENT NAME20582058MAINTENANCE SERVICES20592059PROCESS ANALYSIS DEPT20602060PLANT ENGINEERING20632063MAINT BUILDINGS20642064ENGINEERING DEVELOPMENT20652065ENGINEERING MECHANTCS DEPT20662066ENVIRONMENTAL CONTROL ENGINEERING20672067CIVIL & ARCHITECTURAL ENGINEERING DEPT20682068ELECTRICAL ENGINEERING DEPT20692069INSTRUMENT ENGINEERING DEPT20702070MECHANICAL ENGINEERING DEPT20712071REVISED TO 2704 ACCOUNT-SAME DESCRIPTION20732073ENGINEERING ANALYSIS20772077—ELECTRICAL & ELECTRONICS DEPT2083—2083FIXED FIRE PROTECTION SYSTEMS20852085EMPLOYEE RELATIONS DEPT20872087PUBUCATIONS20892089INDUSTRIAL HYGIENE20902090HEALTH CENTER * —20912091GUARD DEPT20932093FIRE20942094SECURITY20952095HUMAN RESOURCES DEVELOPMENT20962096LAUNDRY20972097RECREATION AND ATHLETICS20982098LABOR RELATIONS20992099PUBLICATIONS -21002100CLERICAL POOL21012101INSURANCE DEPT21022102EMPLOYMENT2103——2103INBOUND MOVING EXPENSES21062106BENEFIT PLANS21072107CAFETERIA AND CANTEENS2107002107CAFETERIA AND CANTEENS21082108CLERICAL POOL21092109EMPLOYEES RELATIONS DEPT(SERVICE DEPT)21102110PERSONNEL DIVISION ADMIN21152115SALARY ADMINISTRATION\n•21162116UNKNOWN21252125MEAL ALLOWANCE21282128NON-OCCUPATIONAL DISABILITY2130——2130NATIONAL GUARD-RESERVE TRAINING21322132FM&S DIVISION ADMIN21332133MANUFACTURING OFFICE(GENERAL OFFICE)21342134OFFICE SERVICES DEPARTMENT•21352135CASHIER AND TRAVEL OFFICE21362136TRAFFIC •21372137ADMINISTRATIVE SERVICES21392139TIMEKEEPING21402140PROPERTY DEPT21412141MAIL\n Y-12 and X-10 Dept. Numbers anJ Dept. Names\nDEPT NODEPT NO DEPARTMENT NAME21422142STORES21432143 RECIVING2144.2144TOOL.. ..21452145MATERIALS DELIVERY SERVICE.21462146 PLANT RECORDS21472147 DATA SYSTEMS DEVELOPMENT H21482148REPRODUCTION21492149ENGINEERING.SERVICES21502150UNKNOWN.21512151MATERIAL CONTROL21572157ACCOUNTING AND BUDGET21582158AREA 5MAINTENANCEDEPT21592159Y-12 PROPERTY SALES21602160.MATERIAL ENGINEERING DEPT21612161PRODUCTION SERVICES21622162CRITICAL PATH & REGULAR PRODUCTION SCHEDULING2163.2163QUALITY CONTROL21642164PLANT TOOLING COORDINATION.21652165PRODUCTION COORDINATION21712171DATA SERVICES ADMINISTRATION21772177CIM PROGRAM MANAGEMENT21782178CAD/CAM SYSTEMS21822182.GENERAL WELD SHOP21832183GENERAL CAN FABRICATION SHOP21842184GENERAL SHOP INSPECTION21852185GENERAL FIELD SHOP21862186GENERAL METAL FABRICATION SHOP2187-2187GENERAL FOUNDRY2188. 2188GENERAL EXPEDITING & AUXILIARY SERVICES21892189GENERAL ESTIMATING & PLANNING21902190RAILROAD FACILITY2200—22012200PLANT MANAGERS DEPARTMENT -2201CAPITAL ASSETS MANAGEMENT22042204PLANT PROTECTION DEPARTMENT22052205SAFEGUARDS ENGINEERING22062206PROTECTION FORCES TRAINING22.102210SAFEGUARDS & SECURITY ADMIN22132213PROD ENG CONFIG CNTRL & STAFF22142214MATERIAL PLANNING AND PROCUREMENT. 22162216SSCONTROL22302230PRODUCT ANALYSIS22312231SPECIAL TESTING22332233ALPHA-5 PRODUCTION & INSPECTION2252 .2252ANALYTICAL LABORATORY DEPT. 2257—-2257PRODUCTION ASSAY22592259ALLOY ASSAY LAB22602260LABORATORY OPERATIONS22622262METHODS EVALUATION GROUP22702270TECHNICAL SERVICE LABORATORY22822282ANALYTICAL LABORATORY22832283 IASSAY LABORATORY\n Y-12 and X-10 Dept. Numbers and Dept. Names\nNODEFT NODEPARTMENT NAME2300CHEMICAL RESEARCHöi30l CHEMICAL ENGINEERING2302COLEX & PRODUCT FINISHING DEVELOPMENT2303ANALYTICAL DEVELOPMENT DEPT2304ATOMIC LASER ISOTOPE SEPARATION23202320PROCESS RESEARCHPROCESS RESEARCH2342.CERAMICS & PLASTICS DEVELOPMENT2343MATERIALS ENGINEERING DEVELOPMENT2344METALLURGICAL DEVELOPMENT.2345LABORATORY DEVELOPMENT2346CHEMISTRY DEVELOPMENT2347FABRICATION SYSTEMS DEVELOPMENT2350TECHNICAL ADMINISTRATION .2351CRITICALITY STUDIES., 2352COMPUTER SYSTEMS DEPARTMENT2353OPERATIONS ANALYSIS AND LONG RANGE PLANNING2354HSEA ADMINISTRATION2355CERTIFICATION SYSTEM2356DATA PROCESSING2357 .DATA SYSTEMS DEVELOPMENT2358STATISTICAL SERVICES & SS CONTROL2359NM ACCOUNTABILITY2360ISOTOPE RESEARCH AND DEVELOPMENT2360ISOTOPE RESEARCH AND DEVELOPMENT .. 2361ENVIRONMENTAL AFFAIRSGENERAL SHOP INSPECTION—236323662366HEALTH PHYSICS23672367TECHNICAL INFORMATION SERVICES DEPARTMENT23712371-PT -WELDINSPECTION23732373CRITICALITY SAFETY23742374QUALITY ASSURANCE INSPECTION2375.2375DI- DIRECT OPERATIONS23762376PHYSICAL TESTING23772377LABORATORY OPERATIONS23782378PRODUCTION ASSAY23792379PRODUCTION ANALYSIS .23802380DIMENSIONAL STANDARDS LAB23812381STANDARDS & CALIBRATION..23822382QIS/SAMPLING PLOAN ADMIN23832383QUALITY ASSURANCE —23842384—QUALITY ENGINEERING.23852385PRIDE IN EXCELLENCE PROGRAM23862386PHYSICAL TESTING OPERATION23872387PRODUCTION RADIATION TESTING .\n. 23882388MATERIALS TESTING SUPPORT23892389NON DESTRUCTIVE TESTING .23902390ENGINEERING TEST SYSTEM .23992399UNKNOWN. 24102410Y-12 PLANT ENGINEERING DIVISION .24502450LONG RANGE PLANNING\nC3-5\n Y-12 and X-1O Dept. Numbers and Dept. Names\nDEPT NO'DEPT NO DEPARTMENT NAME24572457FACILITIES ENGINEERING24592459 PLANNING & ANALYSIS . 2460. 2460ENGINEERING DIVISION24632463MECHANICAL DESIGN ENGINEERING246524662465' ENGINEERING MECHANICS .2466ENVIRONMENTAL CONTROL ENGINEERI4G2467$2467CIVIL AND ARCHITECTURAL ENGINEERING24682468ELECTRICAL ENGINEERING24692469INSTRUMENT ENGINEERING.24702470TOOL DESIGN2471NUMERIAL CONTROL ENGINEERING—247124722472-MECHANICAL MANUFACTURING DESIGN24732473ELECTRONIC SYSTEMS DESIGN2600-2600--EQUIPMENT SERVICES2601-2601GENERAL EXPEDITING—26022602NUCLEAR DIVISION MICROGRAPHICS26032603GENERAL SHOP INSPECTION26042604UNKNOWN26052605GENERAL METAL FABRICATION SHOP26062606GENERAL FOUNDRY26072607GENERAL EXPEDITING & AUXILIARY SERVICES26082608EURI & EUCFM ADMINISTRATION26102610CAP EQUIP &DIV STAFF ENGR26112611STANDBY PLANT MAINT26162616BUILDING UTILITIES OPERATIONS -\n•26172617CHEMICAL SERVICESURANIUM CHIP RECOVERY —--____\n.-- 261826182618M2618URANIUM CHIP RECOVERY ...26192619ALPHA-5 PROCESSING2619H2619ALPHA-S PROCESSING26242624FABRICATION DIV ADMIN2625-2625SPECIAL SERVICES26282628CASTING9766 MACHINE SHOP-EDP 060 — 2629262926332633MECHANICAL INSPECTION .26352635RADIATION SAFETY26362636ORNL CHEMICAL SERVICE DEPT.26372637ALPHA-S EAST SHOP26382638ALPHA-5 WEST SHOP2640.2640ALPHA-S NORTH SHOP -26432643-METHODS EVALUATION GROUP2644--2644PHYSICAL TESTING- 2645—-2645FABRICATION DIV ENGINEERING -26462646LABORATORY OPERATIONS-REVISED 7/68 TO 2377 ACCOUNT26472647PRODUCTION ASSAY26482648WATER DISTRIBUTION SYSTEM.26502650PLANT UTILITIES OPER -STAFF-.26512651PLANT UTILITIES OPERATIONS265226542652FILTER SERVICE .2654UTILITIES ADMINISTRATION26622662SAFEGUARDS STAFF\nC3-b\n Y-12 and X-10 Dept. Numbers and Dept. Names\nNODEPT NODEPARTMENT NAME2663CENTRAL TRAINING FACILITY2664MATERIAL SPECIMEN SHOP.2665UNKNOWN2668(2668-100) CHEMICAL PORODUCTION PROCESSING2681ALLOY LABORATORY2682ALPHA-4 CASCADE2683ALPHA-5 CASCADE..2683.ALPHA-5 CASCADE .2685ALPHA-S CASCADE OPERATION ., I2686BIO FACILITIES ENGINEERING\n.2687BETA-2 DEPT .'2689BETA-2 CHEMISTRY2690ALLOY DIVISION (2681/2682/2683/2686)...2691KAPPA FACILITY .2692POTASSIUM SEPARATION. 2694MATERIALS FORMING2695MATERIALS SHOPALPHA-4 STRIPPING . .. 269726992699GENERAL ESTIMATING & PLANNING DEPT27002700GRAPHITE SHOP .27012701ASSEMBLY27022702H-i FOUNDRY27032703A WING27042704B831W84 PROGRAMS. —27052705ADMINISTRATION .--____________________27072707ASSY DIVISION ADMIN ,27082708W88 PROGRAM27102710PROG SCHED AND WEAP MATL MGMT112711ASSEMBLY ENGINEERING27122712ALPHA-5 ASSEMBLY AREA271327t3EQUALITY EVALUATION2714.2714BETA-4 ASSEMBLY27162716W89 PROGRAM27182718MACHINING27202720BETA-4 FORMING27222722BETA-4 ASSEMBLY27232723BETA-2 ASSEMBLY27242724COMP. OPERATIONS .27262726BETA-2 EXPANSION ASSEMBLY27322732GENERAL CAN FABRICATION SHOP27362736SPECIAL PRODUCTION MACHINING27372737ARGON GAS-CYLINDERS27392739URANIUM CONTROL DEPT27422742TOOL GRINDING . 2743.2743STEAM PLANT .27602760GAGE CERTIFICATION LABORATORY-EDP 06027622762QUALITY LIAISON .27632763REVISED TO 2383 ACCOUNT27702770TOOLING-PROCURED NO DATE GIVEN27722772TOOLING-FABRICATED NO DATE GIVEN .27732773G3. PROCESSING (NOT VALID FOR PERIOD OF LAB OPERATIONS)\n Y-12 and X-10 Dept. Numbers and Dept. Names\nDEPT NODEPT NO'DEPARTMENTNAME27762776E/M/C -WING& 9206 SHOPS27902790UNKNOWN27912791MECHANIcL OPERATIONS DEPT27922792EXCESS ACCOUNTS'27932793 .9215 ROLLING. ' .'27942794DOEORO ' ' ''' ..2795,2795SCRAP.27992799SAMPLES .28002800CONTAINERS RETURNABLE..29002900PROPERTY ACCOUNT -GENERAL .43204320ELECTRONUCLEAR RESEARCH43704370CHEMICAL TECHNOLOGY44354435ENGINEERING TECHNOLOGY - DIV.GEN.'44554455BIOLOGY•4460-•'4460FUSION ENERGY DIVISION - GEN.61306130GENEARL ACCOUNTING DIV. ADM.61406140CENTRAL ACCOUNTING SERVICES DEPARTMENT61426142CENTRAL COMMUNICATIONS DEPARTMENT61606160CENTRAL DATA PROCESSING-ADMINISTRATION61616161COMPUTER SERVICES DEPARTMENTMATHEMATICAL PROGRAMMING DEPARTMENTCOMMERCIAL PROGRAMMING DEPARTMENT6167616761696169 ' '61906190.PURCHASING.DIVISION6385,6385OPERATING CONTRACTORS PROJECT OFFICE6410.6410ENGINEERING ORGDP-71107110EXECUTIVE OFFICES71117111PUBLIC RELATIONS —7112'7112INDUSTRIAL COOPERATION OFFICE .7113. 7113UNKNOWN71207120—GENERAL INDUSTRIAL RELATIONS DIVISION ADMINISTRATION71247124CENTRAL EMPLOYMENT DEPT.7125. 7125HEALTH, SAFETY AND ENVIRONMENTAL AFFAIRS7130'7130UNKNOWN71397139UNKNOWN71407140EXECUTIVE OFFICES WORD PROCESSING CENTER71427142UNKNOWN71467146UNKNOWN71507150LAW DEPARTMENT71557155N D SAFEGUARDS ADM.71607160UNKNOWN71617161OPERATIONS-Y-1271627162DATA ENTRY -Y-12SITE.71647164PROGRAM CONTROL -Y-12SITE7165T 7165JOB CONTROL -Y-12SITE. . 71677167UNKNOWN71687168COMPUTER SYSTEMS SUPPORT - Y-1271697169INFORMATION SYSTEMS -Y-1271707170TECHNICAL APPLICATIONS - Y-12SITE71917191UNKNOWN71937193UNKNOWN73017301UNKNOWNC3-\n Y-12 and X-10 Dept. Numbers and Dept. Names\nDEPT NODEPT NODEPARTMENT NAME73607360-UNKNOWN S73857385OPERATING CONTRACTORS ROJECT OFFICE73907390OFFICE OF QUALITY ASSURANCE74107410ENGINEERING-Y-1276017601OFFICE OF WASTE ISOLATION76037603UNKNOWN7701\n•770277017702qNKN0WNUNKNOWN•77037703UNKNOWN81698169INFORMATION SYSTEMS -X-10\n•81708170TECHNICAL APPLICATIONS X-1OIiI41o—8410ENGINEERING -ORNLA5OD-A5ODMEDICAL-A5OEA5OEINSTRUMENT DEPARTMENTA500A500GUARDSA5OHA5OH'HEALTH PHYSICS DEPARTMENTA5OKA5OKSEWAGE DISPOSALA5OLA5OLEMPLOYMENTA5OMA5OMGENERAL OFFICESA5OMWA5OMGENERALOFFICESA5ONA5ONEXCLUSIVE OF A5OE, A5OT, A51T50NA5ONMECHANICAL MAINTENANCE (EXCLUSIVE OFA5OE,A5OT,A51T)A5ONHA5ONEXCLUSIVE OF A5OE, A5OT, A51TA5ORA5ORCAFETERIAA5OSA5OSSTORESA5OTA5OTTRANSPORTATIONA5OWA5OWPLANT DESIGN DEPARTMENTA51GA51GGUARD DEPARTMENT51GA51GGUARD DEPARTMENTA51H-A51HHEALTH PHYSICS DEPARTMENT - INSTRUMENTSERVICESA51JA51JRECREATION AND ATHLETICSA51LA51LINBOUND MOVING EXPENSESA51S •A51SRECEIVING AND SHIPPINGA51TA51TMAINTENANCE AUTOMOTIVE EQUIPMENT (NORMAL)A51WA51WNEW FACILITIES DESIGN051WA51WRESEARCH ENGINEERING - SHOPSA52GA52GFIRE DEPARTMENTA52HA52HHEALTH PHYSICS DEPARTMENT - PERSONNELMONITORINGA52JA52J—LAUNDRYA52LA52LINBOUNDPER DIEM -—A52S-A52STOOL DEPARTMENTA52WA52WRESEARCH ENGINEERING - DESIGNA53G-A530SAFETYA53H•A53HHEALTH PHYSICS DEPARTMENT - SURVEYGROUPA53J•A53JTRAINING AND SPECIALIZED SERVICESA56JA56JOCCUPATIONAL DISABILITY—A6OHA6011UNKNOWN -PROBABLYHEALTH PHYSICS DEPT.A6OJA6OJOUTBOUND MOVING EXPENSEA6OLA6OLUNKNOWN -\nC3-I\n Y-12 and X-1O Dept. Numbers and Dept. Names\nDEPT NODEPT NODEPARTMENT NAMEA6ONA6ONRESEARCH SHOPSA63JA63JLABOR RELATIONSA64JA64JPHOTOGRAPHYA65JA65JTRAINING DEPARTMENTA66JA66JINSURANCE DEPARTMENTB5OAB5OADIRECTOR'S DEPARTMENTB50LB5OLCHEMICAL ANALYSISB52AB52AWAGE STANDARDSDDUNKNOWN ',, GGUNKNOWNHHHH—UNKNOWNH100H100LLIBRARIESLIBRARIESH100L-H100L-H200—H200LRESEARCH AND DEVELOPMENT - PHYSICSH200LH200LRESEARCH AND DEVELOPMENT - PHYSICS,H300H300LRESEARCH & DEVELOPMENT-CHEM DIV11300LH300LRESEARCH & DEVELOPMENT-CHEM DIVH300LMH300LRESEARCH & DEVELOPMENT-CHEM DIV400LH400LRESEARCH AND DEVELOPMENT - TECHNICAL, H400LH400LRESEARCH & DEVELOPMENT-TECHNICAL400H400LRESEARCH AND DEVELOPMENT - TECHNICALH400H400LRESEARCH & DEVELOPMENT-TECHNICAL50LH5OLRESEARCH AND DEVELOPMENT OVERHEADH500LH500LRESEARCH & DEVELOPMENT - POWERPILEH500H500LRESEARCH & DEVELOPMENT - POWERPILE-500L-H500LRESEARCH AND DEVELOPMENT - POWER• H600H600LRESEARCH & DEVELOPMENT - BIOLOGYH700-H700L-RESEARCH & DEVELOPMENT - METALLURGYH700LH700LRESEARCH & DEVELOPMENT - METALLURGYH800H800LRESEARCH & DEVELOPMENT - TRAININGH900H900L-TECHNICAL HEALTH PHYSICS DIVISIONM5OCM5OCCHEMICAL OPERATION -706-DAREAM5ODM5ODISOTOPE DEVELOPMENTM5OEM5OEISOTOPE CONTROL DEPARTMENTM5OKM5OKELECTRICAL DISTRIBUTION SYSTEMM5OPM5OPPILE OPERATIONS -100AREAM5OSMSOSBOILER ROOM50SM5OSSTEAM PLANT•M5OTM5OTWATER DISTRIBUTION SYSTEMM56PM56PMISC. IRRADIATION UNITS (REQUIRIING CHEM. PROC.)11—PILE OPERATIONS -100AREA-10 •10RECEIVING AND SHIPPING1111GENERAL OFFICES11•11GENERAL OFFICES12..2EMPLOYEES SERVICES1212EMPLOYEES SERVICES1313GUARD DEPARTMENT1414FIRE P1.OTECTION1414FIRE PROTECTION1515CAFETERIA•15•15CAFETERIA\nC'3-10\n Y-12 and X-10Dept.Numbers and Dept. Names\nDEPT NODEPT NODEPARTMENT NAME1616LAUNDRY1717JANITqR DEPARTMENT1717JANITOR DEPARTMENT1818POWE1. DEPT(EXCLUSIVE OF M5OT,M5OS)1818POWER DEPT(EXCLUSIVE OF M5cfl,M5OS)1919PLANT DESIGN DEPARTMENT—.1919PLANT DESIGN DEPARTMENT2'2CHEMICAL OPERATIONS 706D AREA22CHEMICAL OPERATIONS .706D AREA2020MECHANICAL MAINTENANCE (EXCLUSIVE OFA5OE,A5OT,A51T)20W20MECHANICAL MAINTENANCE (EXCLUSIVE OFA5OE,A5OT,A51T) , ,2020MECHANICAL MAINTENANCE (EXCLUSIVE OFA50E,A50T,A51T—,2121MAINTENANCE -AUTOMOTIVEEQUIPMENT •21W21MAINTENANCE -AUTOMOTIVEEQUIPMENT2121MAINTENANCE -AUTOMOTIVEEQUIPMENT 2222M2222MECHANICAL DEPARTMENT - INSTRUMENTMECHANICAL DEPARTMENT - INSTRUMENT2222MECHANICAL DEPARTMENT - INSTRUMENT2323MEDICAL DEPARTMENT2323MEDICAL DEPARTMENT023M23MEDICAL DEPARTMENT23W —23MEDICAL DEPARTMENT -____2525HEALTH PHYSICS DEPARTMENT26-26HEALTH PHYSICS DEPARTMENT - INSTRUMENTSE1WICES 2727HEALTH PHYSICS DEPARTMENT - PERSONNELMONITORING 2828HEALTH PHYSICS DEPARTMENT - SURVEYGROUP 2929MAINTENENCE -BUILDINGS3M3RESEARCH AND DEVELOPMENT - CHEMISTRY3W3RESEARCH AND DEVELOPMENT - CHEMISTRY33RESEARCH AND DEVELOPMENT - CHEMISTRY33RESEARCH AND DEVELOPMENT - CHEMISTRY30013001JANITOR30033003FIELD ENGINEERING30043004MECH SHOPS GROUP30063006SALVAGE & RECLAMATION30083008H3008TRANSPORTATIONTRANSPORTATION300830093009MAINT AUTO EQUIP30113011MAINT HEAVY EQUIP30153015CENTRAL MECHANICAL SHOPS•3016• 3016CENTRAL MACHINE SHOPF & M DIVISION ADMN —_______________ 3017301730193019MAINTENANCE PLANNING-3020 •3020MAINT PLANNING30213021GE&CDIVADMN30323032BURIAL GROUND30403040LAB PROTECTION ADM30413041SAFETY\nC3-II\n Y-12 and X-10 Dept. r4umbers and Dept. Names\nDEPT NODEPT NODEPARTh[ENT NAME30433043FIRE PROTECT EQUIP INSPECT &CQNTROL30453045SS MATERIAL MANAGEMENT30463046LABORATORY RECORDS30473047LIBRARIESS3048•3048TECHNICAL UTILIZATION/COMMERCIALIZATION30493049SPECIAL PUBLICATIONS,30503050TECHNICAL PUBLICATIONS30513051LABORATORY RECORDS30523052PERSONNEL SAFETY •,.,,. 30573057UNKNOWN30583058UNKNOWN3059•3059I AND C CONTROLS ADMIN30603060DESIGN ENGINEERING30613061APPRENTICE PROGRAM30623062MAINT GROUNDS3062H3062MAINT GROUNDS30633063MAINTENANCE BUILDINGS30653065NEW FAC DESIGN30663066I AND C ENGINEERING CONTROLS30673067I AND C ENGINEE1ING SECTION B.30683068I AND C ENGINEERING SECTION A30703070.I & C MAINTENANCE -ADMINISTRATION 3071.3071I AND C MAINTENANCE SECTION B.30723072GRAPHIC ARTS30733073I AND C MAINTENANCE SECTION A30743074UNKNOWN30753075CONTROLS30773077.ELECTRICAL SERVICES30783078FIELD SERVICES30793079RESEARCH SEkVICES DEPARTMENT WEST3080-3080.RESEARCHSERVICES DEPARTMENT SOUTH30813081FIELD SERVICES DEPARTMENT3081H3081FIELD SERVICES DEPARTMENT30823082EXCEPTIONAL SUMMER STUDENTS30853085INDUSTRIAL RELATIONS30863086PLANNING & STANDARDS\n.30873087MIT PRACTICE SCHOOL PARTICIPANT30883088INDUSTRIAL HYGIENE30893089CONSTRUCTION ENGINEERING30903090 .HEALTH30913091GRARD309111.3091GRARD30923092OPERATIONS ANALYSIS30933093FIRE30943094-SECURITYS.--__________________________3095 ,3095APPRENTICESHIP TRAINING30963096DECONTAMINATION LAUNDRY30973097HOUSING30983098EMPLOYEE RELATIONS30993099LAB NEWS3100.3100EMPLOYEE RECORDS .\nC3- (-\n Y-12 and X-1O Dept. Numbers and Dept. Names\nDEPT NODEPT NODEPAR1MENT NAME31013101INSURANCE31023102EMPLOYMENT31073107CAFETERIA,3109'' 3109EMPLOYEE RELATIONS31123112.QRNL PHOTOGRAPHY3113.'3113PATROL .3113H3113PATROL31153115COMPENSATION31163116HOUSING .3117 .3117ASSIGNMENT GROUP3118-3118SEMINARS AND CONFERENCES —31333133F & M ADMINISTRATION-3135135SPECIAL TRAVEL AND PERSONNEL SERVICES3136 .3136TRAFFIC31373137CASHIER & TRAVEL ..3139 .3139,,TIMEKEEPING,31403140PROPERTY3 140W3140PROPERTY31413141MAIL.31423142STORES31433143RECEIVING31443144TOOL DEPARTMENT31483148ORNL REPRODUCTIONS3151—3151MATERIAL CONTROL3151W3151MATERIAL CONTROL315231533152ORACLE DATA PROC & PROGR3153EQUIPMENT POOL3160.3160ACCOUNTING—31623162BUDGET & PROGRAM PLANNING3165'3165BUDGET316631.66COMPUTER SERVICES'3167.3167NUMERICAL ANALYSIS PORGRAMMING3169..3169UNKNOWN31713171TECHINFOGENADMN31723172NUCLEAR DATA31733173PUBLIC INFORMATION.—...—3173M3173PUBLIC INFORMATION31803180SEWAGE DISPOSAL3181318iUNKNOWN -,3191-3191APPL HEALTH PHYSICS—31923192PERSONNEL METERS3193-3193-RADIATION SURVEY3194—3194DOSIMETRY RECORDS & PROCEDURES31953195AREA MONITORING3196''3196HEALTH PHYSICS INSTRUMENTS31973197LABORATORY ASSAYS GROUP31983198'FOREST MGMT OF 0 R RESERVATION PROPERTIES32003200DIRECTOR'S.3200M3200DIRECTOR'S32013201RADIATION SAFETY & CONTROL32023202SHIFT SUPERINTENDENT\nC313\n Y-12 and X-10 Dept. Numbers and Dept. Names\nDEPT NODEPT NODEPARTMENT NAME32033203CENTRAL MANAGEMENT - SPECIAL,PROJECTS32343234INSPECTION ENGINEERING32363236QUALITY ASSURANCE32903290ANALYTICAL CHEMISTRY32953295WAGE STANDARDS3333LIBRARIES3333LIBRARIES33153315CIVIL DEFENSE. .33203320ELECTRONUCLEAR3325.3325HFIR PREOPERATIONS33403340ASSOCIATE DIRECTORS DEPARTMENT3341—3341—INSTR & CONTROLS33423342UNKNOWN33443344UNKNOWN33453345ENERGY DIVISION33503350MATHEMATICS33553355INFORMATION DIVISION - RESEARCHAND DEVELOPMENT33603360ISOTOPE RESEARCH AND DEVELOPMENT33613361ISOTOPES ENGINEERING33633363RADIOISOTOPE TECHNOLOGY33653365ISOTOPE TRNG & INFORMATION33693369.ISOTOPES TARGET PREPARATION R & D33703370CHEMICAL TECHNOLOGY.. —33753375 .FUEL RECYCLE33803380AIRCRAFT REACTOR EXPER33903390ANALYTICAL CHEMISTRY.34053405PHYSICS34103410.NEUTRON PHYSICS .—34203420CHEMISTRYCHEMISTRY —___________________ 3420M3420-34303430REACTOR CHEMISTRY —.34353435HOMOGENEOUS REACTOR EXP34503450UNKNOWN34553455BIOLOGY34603460UNKNOWN—3470 .3470METALLURGY-\nS3475.3475SOLID STATE34773477MOLECULAR ANATOMY PROGRAM -34803480EDUCATION34813481SCHOOL OF REACTOR TECH3482—3482RES PART PROG HP & BIOLRES PART PROG SC & ENGR. 3483348334903490ASS'T TO DIVISION DIRECTOR—3535MAINTENANCE -GROUNDS35303530BILLED EXPENSE TO OTHER THAN AEC AGENCIES .3636RESEARCH AND DEVELOPMENT - POWERPILE3636RESEARCH AND DEVELOPMENT - POWERPILE36013601ISOTOPES ADMINISTRATION36023602RADIOISOTOPES36033603UNKNOWN36043604ISOTOPE RESEARCH MATERIALS LAB\nC3-14\n Y-12 and X-1O Dept. NurnLerandDept. Names\nDEPT NODEPT NODEPARTMENT NAME36053605ISOTOPES SALES DEPARTMENT36073607UNKNOWN3612H3612ELEC DISTR SYSTEM36123612ELEC DISTR SYSTEM36133613UNKNOWN36143614ISOTOPES DIVISION ADM36153615SF MATERIAL CONTROL36303630CHEMICAL OPERATION -706-DAREA36323632LIQUID & GASEOUS WASTE DISPOSAL36343634EQUIPMENT DECONTAMINATION36363636BULK SHIELDING REACTOR OPRS36383638ISOTOPE DEVELOPMENT36393639OAK RIDGE RESEARCH REACTOR36403640ISOTOPE CONTROL36413641PILE OPERATIONS36423642LOW INTENSITY TEST REACTOR36433643IODINE ISOTOPES36483648TREATED WATER DISTR SYSTEM36493649DEMINERALIZED WATER PLANT36503650RADIOISOTOPE PROCESSING36573657UNKNOWN36713671LABORATORY FACILITIES36743674HOT CELL OPERATIONS36753675SOLID STATE DIVISION -TARGETPREPARATION37253725AIR COMPRESSOR37433743BOILER ROOM3939-39RESEARCH AND DEVELOPMENT - TRAINING39RESEARCH AND DEVELOPMENT - TkAINING39003900PROPERTY ACCOUNT -GENERAL44RESEARCH AND DEVELOPMENT - PHYSICS004M4RESEARCH AND DEVELOPMENT - PHYSICS4040(COST ACCT. FOR ENGINEERING & MECHANICAL)4040(COST ACCT. FOR ENGINEERING & MECHANICAL)40214021BUILDING MAINT ORNL AT Y1240474047LIBRARIESDIVISION PUBLICATIONS OFFICE409940994141RESEARCH AND DEVELOPMENT -. METALLURGY4141RESEARCH AND DEVELOPMENT - METALLURGY4112-4112ORNL Y12 PHOTOGRAPHY—-_________ 41634163STATISTICAL SERVICES— 41924192Y12PERSMONTR41934193ORNL Y12 HP RAD SURVEY4242RESEARCH ENGINEERING - SHOPS4242RESEARCH ENGINEERING - SHOPS42W42WRESEARCH ENGINEERING - SHOPS42704270ANALYTICAL CHEMISTRY42904290ANALYTICAL CHEMISTRY4343RESEARCH AND DEVELOPMENT OVERHEAD4343RESEARCH AND DEVELOPMENT OVERHEAD43004300MATERIALS CHEMISTRY - 43204320ELECTRONUCLEAR RESEARCH\nC'3-'t5\n Y-12 and X-1O Dept. Numbers and Dept. Names\nDEFT NODEPT NODEPARTMENT NAME43254325SEPARATIONS TECHNOLOGY43414341UNKNOWN43424342UNKNOWN .43454345ENERGY DIVISION AT Y-1243554355INFORMATION DIVISION -RESEARCHAND DEVELOPMENT43604360STABLE ISOTOPE RES & PROD4360M4360STABLE ISOTOPE RES & PROD4362$4362SPCIAL SEPARATIONS43644364THERMAL DIFFUSION R & D437014370CHEMICAL TECHNOLOGY438014380AIRCRAFT REACTOR ENGR4390-4390ANALYTICAL CHEMISTRY4444-RESEARCH ENGINEERING - DESIGN4444RESEARCH ENGINEERING - DESIGN44054405PHYSICS44204420CHEMISTRY44304430REACTOR CHEMISTRY44354435ENGINEERING TECHNOLOGY - DIV.GEN.44554455BIOLOGY44564456UNKNOWN44604460FUSION ENERGY DIVISION - GEN.44904490Y12 H P RESEARCH4545TOOL DEPARTMENT —4602460286-INCH CYCLOTRON OPERATIONS46034603.EM STABLE ISOTOPES46474647STABLE ISOTOPES46504650ELECTROMAGNETIC SEP55RESEARCH AND DEVELOPMENT - TECHNICAL55RESEARCH AND DEVELOPMENT - TECHNICALSW-5RESEARCH AND DEVELOPMENT - TECHNICAL66RESEARCH AND DEVELOPMENT - BIOLOGY6W6RESEARCH AND DEVELOPMENT - BIOLOGY66RESEARCH AND DEVELOPMENT - BIOLOGY77DIRECTOR'S DEPARTMENTGENERAL OFFICES8888GENERAL OFFICES008W8GENERAL OFFICES8160—8160COMPUTER SCIENCES DIVISION - ADM81618161OPERATIONS -ORNL81628162DATA ENTRY -X-10SITE -81638163—MATH AND STATICS RESEARCH - 81658165JOB CONTROL -X-10SITE—- 81688168COMPUTER SYSTEMS SUPPORT - X-1O81698169INFORMATION SYSTEMS -X-10— 81708170TECHNICAL APPLICATIONS - X-1084108410ENGINEERING -ORNL99PURCHASING DEPARTMENT\nC3-I'o\n C-4X- 10 Department Names, Department Numbers, and Division Names, I\n ) ) ;....... ) X-1 0 Department, Building, Division Listing \nBuilding Date Dept # Department Description Division Information Division # \n105 10/24/1947 1 Pile Operations . . \n1127/1948 1 Pile Operations - 100 Area \n1 /27/1948 2 Chemical Operations, 706D Area \n706-D 10/24/1947 2 Production Special 706-A 10/24/1947 3 Chemistry ,. - \n1/27/1948 3 Research & Development - Chemistry Div . \n735-B 10/24/1947 4 Physics . \n• 1/27/1948 4 Research & Development - Physics Div. • \n1/27/1948 5 Research & Development Technical Div -. - - - \n703-A 10/24/1947 5 Technical \n719-A 10/24/1947 6 Biology \n1/27/1948 6 Research & Development - Biology Div - \n735-B 10/24/1947 7 Administrative - \n1/27/1948 7 Superintendents Department . \n703-C 10/24/1947 8 Accounting - \n1/27/1948 8 General Offices - \n703-C 10/24/1947 9 Purchasing & Traffic - - \n1/27/1948 9 Purchasing Department \n1/27/1948 10 Receiving and Shipping Department \n713-A 10/24/1947 10 Storehouse \n1/27/1948 10 Stores Department \n1/27/1948 11 General Offices - - - - \n1/27/1948 12 Employee Services \n1/27/1948 12 Employment & Personnel - - - \n703-C 10/24/1947 12 Personnel - \n1/27/1948 13 Guard Department \n703-C 10/24/1947 13 Security & Protection \n1/27/1948 14 Fire Protection \n720 10/24/1947 14 Safety & Fire Protection \n735-A 10/24/1947 14 Safety & Fire Protection - \n1/27/1948 14 Safety Department \n1/27/1948 15 Cafeteria \n708 10/24/1947 15 Cafeteria - - \n1/27/1948 16 Laundry \n723 10/24/1947 16 Laundry - \n703-C 10/24/1947 17 General Services \n1/27/1948 17 Janitors bepartment - - \n1/27/1948 18 Power Department (Exclusive of M5OS,M5OT - \n1/27/1948 18 Steam Plant • - \n ) ) \nX-1 0 Department, Building, Division Listing \nBuilding Date Dept # Department Description Division Information 1 Division # \n801 10/24/1947 18 Steam Power & Water Treatment - - \n1/27/1948 18 Water Treating . \n1/27/1948 19 Plant Design Deparmient \n703-B 10/24/1947 19 Plant Engr. & Design . \n717-J 10/24/1947 20 Mechacal \n1/27/1948 20 Mechanical Maintenance (ExA5OE,A5OT,A51T - 0 \n1/27/1948 21 - Maintenance - Automotive Equipment \n717-F 10124/1947 21 Transportation \n. 1/27/1948 21 Transportation (Exclusive of A51T) -- \n717-B 10/24/1947 22 Instruments \n• \n1/27/1948 22 Mechanical Department - Instruments . \n719 10/24/1947 23 General Medical \n1/27/1948 23 Medical Department \n1/27/1948 24 HealthPhysicsDept.TJrinalysis (CostCenter \n7 19-A 10/24/1947 25 Health Physics \n1/27/1948 25 Health Physics Department \n1/27/1948 26 Health Physics Department-Instrument Ser \n1/27/1948 27 Health Physics Department-Personnel Mom . \n1/27/1948 28 Health Physics Department-Survey Group \n1/27/1948 29 Maintenance - Buildings \n1/27/1948 30 General Plant (CostCenter) . \n1/27/1948 31 Tank Farm Area (CostCenter) \n__________ 1/27/1948 32 Radium and Beryllium (CostCenter) \n1/27/1948 33 Libraries - \n735-B 10/24/1947 33 Library \n1/27/1948 34 Charges to AEC (CostCenter) \n1/27/1948 35 Maintenance-Grounds - \n703-A 10/24/1947 36 Power Pile - \n1/27/1948 36 Research & Development - Power Pile Div . \n. 1/27/1948 37 Isotope Separation (CostCenter) \n1/27/1948 38 Pile Operations - Isotopes (CostCenter) \n1/27/1948 39 Research & Development-Training Div. \n735-B 10/24/1947 39 - Training School \n1/27/1948 39 Training-Industrial Relations - \n1!27/1948 40 Construction and Design (CostCenter) \n703-A 10/24/1947 41 Metallurgy - - \n1/27/1948 41 Research & Development-Metallurgy . \n1/27/1948 42 Research Engineering - Shops - \n717-BB 10/24/1947 42 Research Shop . \n ) \nX-1 0 Department, BuildiAg, Division Listing \nBuilding Date Dept # Department Description Division Information Division # \n1/27/1948 43 Research & Development-Overhead . \n703-A 10/24/1947 43 Research Administration \n1/27/1948 44 Research Engineering-Design \n703-B 10/24/1947 44 Research Engr. & Design \n1/27/1948 45 Tool Department - \n1/27/1948 46 Chemical Analysis (CostCenter) \n1/27/1948 47 Isotope Development . - \n1/27/1948 48 Hot Pilot Plant (CostCenter) . . \n. 1/27/1948 53 Compens.,Pub.Liabil.,Soc.Sec.Tax(CostCtr , - - - - \n1/27/1948 62 Freight, Express and Cartage (CostCenter \n1/27/1948 63 Compens. ,Pub.Liabil. ,Soc.Sec.Tax(CostCtr - \n1/27/1948 64 Non-occupational Disability (CostCenter) \n1/27/1948 64 Occupational Disability Payments(CostCtr - - \n1/2711948 70 Employee Plans (CostCenter) - \n1/27/1948 71 Inventory Adjustment (CostCenter) . . \n1/27/1948 76 -Tennessee Sales & Use Tax (CostCenter) - . \n7/14/ 1949 3001 Janitors Department \n1000 5/1/1953 3001 Janitors Industrial Relations - \n3026 4/30/1964 3001 Janitors Operations \n3026 8/31/1970 3001 Janitors Operations \n3048 4/30/1960 3001 Janitors Operations \n2518 1/1/1993 3001 - - Plant & Equipment 21 \n3047 12/31/1981 3001 Operations (Services) 28 \n- \n7/14/1949 3003 Mechanical Department-Maintenance &Shops - - - \n2610 5/1/1953 3003 Mechanical Engineering & Maintenance \n3022 4/30/1960 3003 Program Engineering Engineering & Mechanical \n1000 4/30/1964 3003 Field Engineering Plant & Equipment - \n2518 8/31/1970 3003 Field Engineering Plant & Equipment \n2518 12/31/1981 3003 Plant & Equipment 21 \n2518 1/1/1993 3003 Plant & Equipment - 21 \n3022 4/30/1960 3004 Mech Shops Group Engineering & Mechanical \n2610 5/1/1953 3006 Salvage & Reclamation Engineering & Maintenance \n3022 4/30/1960 3006 Salvage & Reclamation Engineering & Mechanical -_________ \n7/14/1949 3008 Transportation - \n2610 5/1/1953 3008 Transportation Engineering & Maintenance \n3022 4/30/1960 3008 Transportation Engineering & Mechanical \n7/14/1949 3009 Maintenance-Automotive Equipment(Normal) - \n2610 5/1/1953 3009 Maint. Auto. Equip. Engineering & Maintenance - \n3022 4/30/1960 3009 Maint. Auto. Equip. - Engineering & Mechanical - \n ) ) \nX-1 0 Department, Building, Division Listing \nBuilding Date Dept # Department Description Division Information Division # \n1000 4/30/1964 3009 Maint. Auto. Equip. Plant & Equipment \n7002 8/31/1970 3009 Maint. Auto. Equip. Plant & Equipment \n2518 12/31/1981 3009 Plant & Equipment 21 \n2518 1/1/1993 3009 Plant & Equipment 21 \n2610 5/1/1953 3011 Maint. Heavy Equipment Engineering & Maintenance \n3022 4/30/1960 3011 Maint. Heavy Equip. Engineering & Mechanical \n1000 4/30/1964 3011 Maint. Heavy Equip. Plant & Equipment \n7002 8/31/1970 3011 Maint. Heavy Equip. Plant & Equipment \n2518 12/31/1981 3011 . Plant&Equipment - 21 \n2518 1/1/1993 3011 Plant&Equipment 21 \n2518 1/1/1993 3014 Plant& Equipment 21 \n3026 4/30/1964 3015 Field Maintenance Operations . 3026 8/31/1970 3015 Field Maintenance Operations \n3048 4/30/1960 3015 Field Maintenance Operations - \n2518 12/31/1981 3015 Plant& Equipment 21 \n2518 1/1/1993 3015 Plant&Equipment 21 \n7/14/1949 3016 Research Shops Department - \n3024 5/1/1953 3016 Research Shops Engineering & Maintenance -- \n3022 4/30/1960 3016 Fabrication Engineering & Mechanical \n1000 4/30/1964 3016 Fabrication Plant & Equipment \n2518 8/31/1970 3016 Fabrication Plant & Equipment \n2518 12/31/1981 3016 - Plant & Equipment 21 \n2518 1/1/1993 3016 Plant& Equipment 21 \n3022 4/30/1960 3017 E&M Division Admn. Engineering & Mechanical \n1000 4/30/1964 3017 P & E Division Admn. Plant & Equipment . \n2518 8/31/1970 3017 P & E Division Admn. Plant & Equipment \n2518 12/31/1981 3017 Plant& Equipment 21 \n2518 1/1/1993 3017 Plant& Equipment 21 \n1000 4/30/1964 3019 Programmed Maint. Plant & Equipment \n2518 8/31/1970 3019 Programmed Maint. Plant & Equipment - \n2518 12/31/1981 3019 Plant&Equipment 21 - \n2518 1/1/1993 3019 Plant& Equipment - 21 \n1000 4/30/1964 3020 Maint. Planning Plant & Equipment . \n1000 8/31/1970 3021 G. E. Admn. Gen. Eng. \n1€00 4/30/1964 3021 G. E. & C. Div. Admn. Gen. Engr. &Cónstr. \n2518 1/1/1993 3024 Plant & Equipment 21 \n3022 4/30/1960 3032 Burial Ground Engineering & Mechanical - \n1000 \n7002 4/30/1964 \n8/31/1970 3032 \n3032 Burial Ground \nSolid Waste Storage - Plant & Equipment \nPlant & Equipment \n ) ) \nX-10 Department, Building, Division Listing \nBuilding Date Dept # Department Description Division Information Division I \n5000 4/30/1960 3040 Lab. Protection - Admn Laboratory Protection \n5000 4/30/1964 3040 Lab. Protection - Admn Laboratory Protection \n5000 8/31/1970 3040 Lab. Protection - Admn. Laboratory Protection \n5000 12/31/1981 3040 Laboratory Protection 26 \n5000 1/1/1993 3040 Laboratory Protection - 26 \n7/14/1949 3041 Safety Department - \n4500S 8/31/1970 3041 Safety App!. Health Physics & Safety \n2517 5/1/1953 3041 Safety Laboratory Protection \n2517 4/30/1960 3041 Safety Laboratory Protection \n2517 4/30/1964 3041 Safety Laboratory Protection \n4500S 12/31/1981 3041 Industrial Safety & App!. Health Physics 36 \n5000 8/31/1970 3043 Fire Prot. Equip. Insp. & Control Laboratory Protection \n5000 1/1/1993 3043 Laboratory Protection 26 \n5000 12/31/1981 3045 Laboratory Protection 26 \n5000 1/1/1993 3045 Laboratory Protection 26 \n4500 4/30/1960 3046 Laboratory Records Technical Information \n4500N 4/30/1964 3046 Laboratory Records Technical Infonnation \n4500N 8/31/1970 3046 Laboratory Records Technical Information \n4500N 12/31/1981 3046 Information 31 \n7/14/1949 3047 Libraries . \n4500 5/1/1953 3047 Libraries Research Director \n4500 4/30/1960 3047 Libraries Technical Information \n4500N 4/30/1964 3047 Libraries Technical Information \n4500N 8/31/1970 3047 Libraries - Technical Information \n4500N 12/31/1981 3047 Information 31 \n4500N 12/31/1981 3048 Information 31 \n4500N 12/31/1981 3049 Information 31 \n2068 5/1/1953 3050 Technical Publications Information & Reports \n2068 4/30/1960 3050 Technical Publications Technical Information - \n4500N 4/30/1964 3050 Technical Publications Technical Information - \n4500S 813 1/1970 3050 Technical Publications Technical Information \n4500N 12/31/1981 3050 Information 31 \n4500 5/1/1953 3051 Central Files Information & Reports \n3500 12/31/1981 3059 - Instr. & Controls (Services) 34 \n3500 1/1/1993 3059 Instr. & Controls (Services) - 34 \n7/14/1949 3060 Engineering Department - - \n1000 5/1/1953 3060 Engineering Engineering & Majntenance - \n3022 4/30/1960 3060 Planning & Design Engineering &-Mechanical - - \n1000 8/31/1970 3060 Design Engineering Gen. Eng. - \n X-10 Department, Building, Division Listing \nBuilding Date Dept # Department Description Division Information Division # \n1000 4/30/1964 3060 Design Engineering Gen. Engr. & Constr. \n2518 12/31/1981 3061 . Plant& Equipment 21 \n2610 5/1/1953 3062 Maint. Roads & Grounds Engineering & Maintenance . \n3022 4/30/1960 3062 Maintenance Grounds Engineering & Mechanical \n7002 8/31/1970 3062 Maintenance - Grounds Plant &Equipment \n1000 4/30/1964 3062 Maintenance Grounds Plant & Equipment . \n2518 12/31/1981 3062 Plant & Equipment -. 21 \n2610 5/1/1953 3063 Maintenance-Buildings Engineering & Maintenance \n3022 4/30/1960 3063 Maintenance Buildings Engineering & Mechanical - - - \n2518 8/31/1970 3063 Maintenance - Buildings Plant & Equipment \n2518 12/31/1981 3063 Plant & Equipment 21 \n2518 1/1/1993 3063 - Plant & Equipment 21 \n• 7/14/1949 3065 New Facilities Design - - : \n3500 .12/31/1981 3066 Instr. & Controls (Services) 34 - \n3500 12/31/1981 3067 Instr. & Controls (Services) . 34 - \n3500 12/31/1981 3068 - . - Instr. & Controls (Services) . . 34 \n3500 12/31/1981 3070 Instr. & Controls (Services) . 34 \n3500 1/1/1993 3070 Instr. & Controls (Services) 34 -- \n3500 12/31/1981 3071 Instr. & Controls (Services) 34 \n2068 4/30/1960 3072 Graphic Arts - Technical Information . \n4500N 4/30/1964 3072 Graphic Arts . Technical Information \n4500S 8/31/1970 3072 Graphic Arts - Technical Information \n4500N 12/31/1981 3072 Information 31 \n3500 12/31/1981 3073 Instr. & Controls (Services) 34 \n7/14/1949 3075 Instrument Department - - . \n3500 5/1/1953 3075 Instrumentation & Controls Instr. & Contr. \n4500 5/1/1953 3075 Instrumentation & Controls Instr. & Contr. . \n3500 4/30/1960 3075 Controls Instr. & Controls - \n3500 4/30/1964 3075 Controls Instr. & Controls \n3500 8/31/1970 3075 Controls Instr. & Controls \n3500 4/30/1960 3075 Instrument Instr. & Controls \n3500 4/30/1964 3075 Instrument Instr. & Controls \n3500 8/31/1970 3075 Instrument Instr. & Controls \n3022 4/30/1960 3077 Electrical Services . Engineering & Mechanical \n1000 4/30/1964 3077 Plant Services - Plant & Equipment \n2518 8/31/1970 3077 Plant Services Plant & Equipment \n2518 12/31/1981 3077 - Plant & Equipment 21 - \n2518 1/1/1993 3077 Plant & Equipment 21 \n3022 . 4/30/1960 3078 Field Services - Engineering & Mechanical - \n ) ) ) X1O Department, Building, Division Listing \nBuilding Date Dept # Department Description Division Information Division # - \n1000 4/30/1964 3078 Research Services Plant & Equipment 3502 8/31/1970 3078 Research Services - East Plant & Equipment 2518 12/31/1981 3078 Plant & Equipment 21 2518 1/1/1993 3078 Plant & Equipment 21 \n3104 8/31/1970 3079 Research Services - West Plant & Equipment 2518 12/31/1981 3079 . - Plant & Equipment 21 \n2518 1/1/1993 307 Plant & Equipment 21 \n7910 8/31/1970 3080 Research Services - South Plant & Equipment 2518 12/31/1981 3080 Plant & Equipment 21 \n2518 1/1/1993 3080 Plant & Equipment 21 \n7002 8/31/1970 3081 Field Services Plant & Equipment 2518 12/31/1981 3081 Plant & Equipment 21 2518 1/1/1993 3081 Plant & Equipment 21 2518 1/1/1993 3082 Plant & Equipment 21 4500 4/30/1964 3085 Personnel Administration Personnel \n4500N 8/31/1970 3085 Personnel Administration Personnel \n1000 4/30/1960 3085 Personnel Admn. Personnel . \n4500N 12/31/1981 3085 Employee Relations 29 4500N 1/1/1993 3085 Human Resources 29 \n3022 4/30/1960 3086 Planning & Standards Engineering & Mechanical \n3550 8/31/1970 3088 Industrial Hygiene Health \n4500 4/30/1964 3088 Industrial Hygiene Health \n3550 12/31/1981 3088 Health - 23 \n3022 4/30/1960 3089 Controls - Engineering& Mechanical \n1000 8/31/1970 3089 Construction Engineering Gen. Eng. 1000 4/30/1964 3089 Construction Eàgineering Gen. Engr. & Constr. \n7/14/1949 3090 Health Division - \n2013 5/1/1953 3090 - \nHealth Health - \n2013 4/30/1960 3090 Health Health \n4500 4/30/1964 3090 Health - Health - - \n4500N 8/31/1970 3090 Health Health \n4500N 12/31/1981 3090 Health 21 \n4500N 1/1/1993 3090 • Health 23 \n7/14/1949 3091 Laboratory Protection - \n2500 5/1/1953 3091 Guard Laboratory Protection \n2500 4/30/1960 3091 Guard Lab&atory Protection - \n2500 4/30/1964 3091 Guard - \nLaboratory Protection \n2500 8/31/1970 3091 Guard . Laboratory Protection - . \n5000 12/31/1981 3091 Laboratory Protection 26 \n X-10 Depament, BuiId, Division Listing \nBuilding Date Dept # Department Description Division 5000 1/1/1993 3091 Division # \n1000 4/30/1964 3092 Industrial Engineering Laboratory \nPlant 26 \n2518 8131/1970 3092 Operations Analysis Equipment \n2518 12/31/1981 3092 Plant & Equipment \n7/14/1949 3093 Fire Department Plant & Equipment - 21 . \n2500 5/1/1953 — \n3093 Fire Laboratory Protection 2500 413011960 3093 Fire Laboratory Protection 2500 4/30/1964 — \n3093 Fire Protection 2500 \n5000 8/31/1970 3093 Fire Laboratory \nProtection 12/31/1981 3093 . - \nProtection - - \n5000 1/1/1993 3093 - 26 \n5000 5/1/1953 3094 Security Laboratory \nLaboratory Protection 26 \n5000 4/30/1960 3094 Security Protection - \n5000 4/30/1964 3094 Security Laboratory Protection - \n5000 8/31/1970 3094 Security Protection . \n• \n5000 \n5000 12/31/1981 3094 V \nLaboratory Protection 1/1/1993 3094 - \nProtection 26 \n7/14/1949 3095 Employee Training Department 26 - \n1000 5/1/1953 3095 Employee Training Industrial Relations -• \n2517 8/31/1970 3095 Apprenticeship Training Personnel 4500 4/30/1964 3095 Apprenticeship Training Personnel .2517 8/31/1970 3095 Educational Assistance Personnel V \n4500 4/30/1964 3095 - \nEducational Assistance - - \nPersonnel 2517 8/31/1970 3095 Method Studies Persomiel V V \n4500 4/30/1964 3095 Method Studies - \nPersonnel - \nV \n4500 4/30/1964 3095 Personnel Development Personnel 2517 8/31/1970 3095 Personnel Development & Systems Personnel _________ \n2517 8/31/1970 3095 Staff Conf. Orientation Personnel V \n4500 4/30/1964 3095 Staff Conf., Orientation Personnel 2517 8/31/1970 3095 Standard Practice Proc. Personnel 4500 4/30/1964 3095 Standard Practice Proc. - \nPersonnel 1000 4/30/1960 3095 Training & Methods Personnel V \n7/14/1949 3096 Laundry \n1000 5/1/1953 3096 Laundry - \nIndustrial Relations V_________ \n3026 4/30/1964 3096 Decontamination Laundry Operations 3026 8/31/1970 3096 Decontamination Laundry - \nOperations 3048 4/30/1960 3096 Decontamination Laundry Operations 2518 1/1/1993 3096 Plant & Equipment - \n21 3047 12/31/1981 3096 Operations (Services) - \n28 \n ) \nX-10 Department, ) \nBuilding, Division Listing \nBuilding Date Dept # Department Description Division Information Division # 7/14/1949 3097 Recreation & Athletics - \n— 1000 5/1/1953 3097 Recreat. & Athletics - \nIndustrial Relations 1000 4/30/1960 3097 Housing Personnel 4500 4/30/1964 3097 Housing Personnel 1000 4/30/1960 3097 Recreation Personnel 4500 \n4500N 4/30/1964 3097 Recreation Personnel \n8/31/1970 3097 Recreation - - \nPersonnel \n7/14/1949 3098 Labor Relations Department 1000 5/1/1953 3098 Employee Relations Industrial Relations 1000 4/30/1960 3098 Employee Relations Personnel 4500 4/30/1964 3098 Labor Relations Personnel 450014 8/31/1970 3098 Labor Relations Personnel 2068 4/30/1960 3099 LAB. News Public Information 4500N 4/30/1964 3099 Laboratory News Public Information 4500N 8/31/1970 3099 Laboratory News Public Information 2518 1/1/1993 3099 Plant & Equipment 21 4500N 12/31/1981 3099 Information 31- 1000 5/1/1953 3100 Personnel Services Industrial Relations . \n1000 4/30/1960 3100 Personnel Records Personnel \n4500 4/30/1964 3100 Personnel Records Personnel - \n4500N 8/31/1970 3100 Personnel Records - \nPersonnel \n7/14/1949 3101 Insurance Section \n1000 5/1/1953 3101 Insurance Industrial Relations - \n1000 4/30/1960 3101 Insurance Personnel - \n4500 4/30/1964 3101 Insurance Personnel \n450014 8/31/1970 3101 Insurance Personnel \n7/14/1949 3102 Personnel & Employment Department \n1000 5/1/1953 3102 - \nEmployment - Industrial Relations \n1000 4/30/1960 3102 - \nEmployment Personnel \n4500 4/30/1964 3102 Employment - \nPersonnel - \n4500N 8/31/1970 3102 - \nEmployment Personnel \n7/14/1949 3107 Cafeteria & Canteens \n1000 5/1/1953 3107 - Cafeteria & Canteens Industrial Relations - \n2010 4/30/1960 3107 Cafeteria Personnel 2010 4/30/1964 3107 Cafeteria & Canteen Personnel \n2010 8/31/1970 3107 Cafeteria & Canteens Personnel . - \n450014 12/31/1981 3107 Employee Relations 29 \n450014 1/1/1993 3107 . Human Resources 29 \n• 7/14/1949 3109 Service Department - \n ) \nX-10 Department, Building, Division Listing \nBuilding Date Dept # Department Description Division Information Division # \n4500 4/30/1964 3109 Employee Relations Personnel - \n4500N 8/31/1970 3109 Employee Relations Personnel - \n7/14/1949 3112 Photography \n2068 4/30/1960 3112 Photography Technical Information 4500N 4/30/1964 3112 Photography Technical Information \n4500NA 8/31/1970 3112 Photography Technical Information - \n4500N 12/31/1981 3112 - \nInformation 31 \n7/14/1949 3113 Patrol Department . \n1000 5/1/1953 3115 Wage & Salary Industrial Relations \n4500N 8/31/1970 3115 Compensation Personnel \n1000 4/30/1960 3115 Wage Standards Personnel \n4500 4/30/1964 3115 Wage Standards Personnel \n1000 - 5/1/1953 3116 Housing Industrial Relations \n1000 5/1/1953 3117 Stenographic Pool Industrial Relations \n1000 4/30/1960 3117 Assignment Group Personnel 4500 4/30/1964 3117 Assignment Group Personnel . \n4500N 8/31/1970 3117 Assignment Group Personnel \n4500N 8/31/1970 3117 Housing Personnel . \n4500N 8/31/1970 3118 Conferences Personnel \n4500N 12/31/1981 3118 Finanace & Materials - 37 \n4500N 1/1/1993 3118 Finance & Business Management 37 \n. 7/14/1949 3133 General Office . \n1000 4/30/1960 3133 F & M Administration Finance & Materials \n4500 4/30/1964 3133 F & M Administration Finance & Materials \n1000 5/1/1953 3133 General Office General Office \n4500N 12/31/1981 3133 Finanace & Materials 37 \n4500N 8/31/1970 3135 Special Travel - Personnel \n1000 4/30/1960 3136 Traffic Finance & Materials \n4500N 4/30/1964 3136 Traffic Finance & Materials \n4500N 8/31/1970 3136 Traffic - Personnel - - - \n4500N 12/31/1981 3136 Finanace & Materials. 37 \n4500N 1/1/1993 3136 . Finance & Business Management 37. \n1000 4/30/1960 3137 Cashier & Travel Finance & Materials \n4500N 4/30/1964 3137 Cashier & Travel . - Finance & Materials . \n4500N 8/31/1970 3137 Cashier & Travel . Personnel \n4500N 8/31/1970 3137 Teletype Personnel - \n4500N 12/31/1981 3137 . . Finanace & Materials • 37 \n4500N 1/1/1993 3137 . . . . - Finance & Business Management - 37 \n1000 4/30/1960 3139 Timekeeping & Paymaster . Finance & Materials - \n X-1 0 Department, Building, Division Listing \nBuilding mate Dept # Department Description Division Information Division # 4500N 4/30/1964 3139 Timekeeping & Paymaster Finance & Materials 2506 8/31/1970 3139 Timekeeping & Paymaster Personnel \n4500N 12/31/1981 3139 . \nFinanace & Materials 37 \n4500N 4/30/1964 3140 Property Accounting Budget & Prog. Office 4500N 8/31/1970 3140 Property Accounting Budget & Office \n1000 4/30/1960 3140 Property - \nFinance & Materials \n1000 5/1/1953 3140 Property General Office \n1000 4/30/1960 3141 Mail Finance & Materials \n4500N 4/30/1964 3141 Mail Finance & Materials 4500S 8/31/1970 3141 Mail Personnel - \n4500N 12/31/1981 3141 Finanace & Materials - 37 4500N 1/1/1993 3141 Finance & Business Management - 37 7/14/1949 3142 Stores Section \n1000 4/30/1960 3142 Stores - \nFinance & Materials -_- \n4500 \n1000 4/30/1964 3142 Stores Finance & Materials - \n5/1/1953 3142 Stores - \nGeneral Office -: \n4500N 8/31/1970 3142 - \nStores Plant & 4500N 12/31/1981 3142 Finanace & Materials 31-S 4500N 1/1/1993 3142 Finance & Business Management 37 \n7/14/1949 3143 Receiving and Shipping Section \n1000 4/30/1960 3143 Receiving Finance & Materials \n4500 4/30/1964 3143 Receiving & Shipping Finance & Materials \n1000 5/1/1953 3143 Receiving & Shipping General Office \n4500N 8/31/1970 3143 Receiving & Shipping Plant & Equipment 4500N 12/31/1981 3143 Finanace & Materials 37 4500N 1/1/1993 3143 Finance & Business Management 37 7/14/1949 3144 Tool Section \n1000 4/30/1960 3144 - \nTools Finance & Materials 4500 4/30/1964 3144 Tools Finance & Materials 1000 5/1/1953 3144 Tool Section General Office 4500N 8/31/1970 3144 Tools Plant & Equipment 4500N 12/31/1981 3144 Finanace & Materials 37 1000 5/1/1953 3148 Reproduction Information & Reports - \n1000 4/30/1960 3148 Reproduction - \nTechnical Information 4500 4/30/1964 3148 Reproduction Technical Information 4500S 8/31/1970 3148 Reproduction Technical Information 4500N 12/31/1981 3148 - Information 1000 4/30/1960 3151 Material Control Finance & Materials 31 - - 4500 4/30/1964 3151 Material Services - Finance & Materials \n ) ) \nX-1 0 Department, Building, Division Listing \nBuilding Date Dept # Department Description Division Information Division # 1000 5/1/1953 3151 Material Control General Office- 4500N 8/31/1970 3151 Material Services Plant & Equipment - \n4500N 12/31/1981 3151. . Finanace & Materials 37 4500N 1/1/1993 3151 . Finance & Business Management 37 \n4500 4/30/1960 3152 Oracle Data Proc. & Progr. Math. Panel \n1000 4/30/1960 3153 - \nEquipment Pool - \nFinance & Materials - \n4500 4/30/1964 3153 Equipment Pool - \nFinance & Materials \n4500N 8/31/1970 3153 Equipment Pool Plant & Equipment 4500N 4/30/1964 3160 . \nAccounting . Budget & Prog. Office \n4500N 8/31/1970 3160 Accounting Budget & Prog. Planning Office \n4500N 1/1/1993 3161 Finance & Business Management 37 \n4500N 4/30/1964 3162 Budget & Program Planning Budget & Prog. Office \n4500N 8/31/1970 3162 Budget & Program Planning Budget & Prog. Planning Office \n4500N 12/31/1981 3162 Finanace & Materials 37 4500N 1/1/1993 3162 Finance & Business Management 37 4500N 4/30/1964 3165 Budget Budget & Prog. Office \n4500N 8/31/1970 3165 . Budget Budget & Prog. Planning Office \n1000 4/30/1960 3165 Budget Finance & Materials . \n4500N 12/31/1981 3165 Finanace & Materials 37 \n4500N 1/1/1993 3165 . Finance & Business Management 37 4500N 4/30/1964 3166 Computer Services Mathematics \n4500N 8/31/1970 3166 Computer Services Mathematics \n4500N 8/31/1970 3167 Numerical Analysis Program Mathematics - \n4500N 4/30/1964 3167 Numerical Analysis Programming - . \nMathematics - \n4500 4/30/1960 3171 Tech. Info. Gen. Admn Technical Information \n4500N 4/30/1964 3171 Tech. Infor. Gen. Admn. Technical Information \n4500N 8/31/1970 3171 Tech. Infor. Gen. Admn. Technical Information \n4500N 12/31/1981 3171 . - Information 31 - \n4500 4/30/1960 3172 Nuclear Data Technical Information \n4500 4/30/1960 3173 Public Infonnation - Public Information - - \n4500N 4/30/1964 3173 Public Information Public Information \n4500N 8/31/1970 3173 Public Information Public Information \n4500S 1/1/1993 3175 - Office of Radiation Protection 3048 4/30/1960 3180 Sewage Disposal System - Operations 4500N 1/1/1993 3185 Off, of Env. Compl. & Documentation 35 - \n7/14/1949 3191 Radiation Survey-Monitoring (General) . - \n4500S 8/31/1970 3191 AppI. Health Physics AppI. Health Physics & Safety . \n2001 4/30/1960 3191 Appl. Health Physics . Health Physics 4500S . 4/30/1964 . 3191 AppI. Health Physics . - \n- . Health Physics - \n ) \nX-1O Department, Building, Division Listing \nBuilding Date Dept # Department Description Division Information Division # 2001 5/1/1953 3191 Radiation Survey - Montr. Health Physics 4500S \n4500S 12/31/1981 \n1/1/1993 3191 \n3191 Industrial Safety & Appi. Health Physics \nOff, of Safety & Health Protection 36 \n36 \n7/14/1949 3192 Personnel Monitoring \n4500S \n4500S 8/31/1970 \n4/30/1964 3192 \n3192 Personnel Meters Group \nPersonnel Meters Group AppI. Health Physics & Safety \nHealth Physics 2001 5/1/1953 3192 Personnel Monitoring Health Physics 2001 4/30/1960 3192 Personnel Monitoring Health Physics . \n4500S 12/31/1981 3192 . Industrial Safety & AppI. Health Physics 36 \n7/14/1949 3193 Radiation Survey - \n4500S 8/31/1970 3193 Radiation Survey Appl. Health Physics & Safety - \n2001 5/1/1953 3193 Radiation Survey Health Physics 2001 \n4500S 4/30/1960 \n4/30/1964 3193 \n3193 Radiation Survey \nRadiation Survey Health Physics \nHealth Physics - \n4500S 12/31/1981 3193 . Industrial Safety & App!. Health Physics 36 \n7/14/1949 3194 Instrument & Assay Group - \n4500S 8/31/1970 3194 Dosimetry Records & Proced. Appl. Health Physics & Safety - \n4500S 4/30/1964 3194 Dosimetry, Records & Procedures - Health Physics - \n- \n2001 5/1/1953 3194 Instr. & Assay Group Health Physics 2001 4/30/1960 3194 Instr. & Assay Group Health Physics 4500S 12/31/1981 3194 Industrial Safety & AppI. Health Physics 36 \n4500S 8/31/1970 3195 Environmental Monitoring AppI. Health Phyics-& Safety 2001 5/1/1953 3195 - \nArea Monitoring Health Physics 2001 4/30/1960 3195 Area Monitoring ffealth Physics - - \n4500S \n4500S 4/30/1964 \n12/31/1981 3195 \n3195 Environmental Monitoring Health Physics - \nIndustrial Safety & Appl. Health Physics - \n36 \n4500S 4/30/1964 3196 Health Physics Technology Health Physics \n4500S 8/31/1970 3196 Health Physics Technology Health Physics \n4500S 12/31/1981 3196 Industrial Safety & App!. Health Physics 36 \n4500S 8/31/1970 3197 Laboratory Assays Group. App!. Health Physics & Safety - \n4500S 4/30/1964 3197 Laboratory Assays Group Health Physics \n4500S 8/31/1970 3198 Forest Mgmt. of 0. R. Reservation Proper Health Physics \n4500S 12/31/1981 3198 Industrial Safety & AppI. Health Physics 36 \n7/14/1949 3200 Director's Department . \n4500N 4/30/1964 3200 Director's . \nDirector - \n4500N 8/31/1970 3200 Director's Director \n3001 5/1/1953 3200 Laboratory Shift Supervisor - Director \n4500 5/1/1953 3200 Staff Director \n9204-1 4/30/1964 3200 Y-12 Coordinator - Director \n ) ) X-1 0 Department, Building, Division Listing \nEuilding Date Dept # Department Description Division Information Division # 4500 \n9204-1 4/30/1960 \n4/30/1960 3200 \n3200 Constr. Prog. Coord. \nDirector's Dept. - Admn. Lab. Serv. Supt. - - \nLab. Serv. Supt. 3550 4/30/1960 3200 Shift Superintendent Lab. Serv. Supt. 4500N 12/31/1981 3200 Central Management 20 4500N 1/1/1993 3200 Central Mgmt. Offices 20 4500N 4/30/1964 3201 Radiation Safety & Control Asst. Deputy Director - \n4500N 1/1/1993 3201- - \nOffice of Oper. Readiness & Fac. Safety 22 \n4500S 12/31/1981 3201 Industrial Safety & App!. Health Physics 36 5000 8/31/1970 3202 Shift Supt. Assistant Director Services \n5000 4/30/1964 3202 Shift Superintendent Lab. Services Supt. 4500N 4/30/1964 3202 Special Services Lab. Services Supt. 4500N 12/31/1981 3202 Central Management 20 \n5000 1/1/1993 3202 Laboratory Protection 26 \n4500N 12/31/1981 3203 Central Management 20 \n5000 1/1/1993 3205 Laboratory Protection 26 2024 1/1/1993 3229 Off. of Quality Progs. & Inspection 24 \n9204-1 4/30/1960 3234 Inspection Engineering Insp. Engr. . \n4500S 4/30/1964 3234 Inspection Engineering Inspection Engr. 4500S 8/31/1970 3234 Inspection Engineering Inspection. Engr. \n.2024 1/1/1993 3234 Off, of Quality Progs. & Inspection 24 2024 12/31/1981 3234 Quality Assur. & Inspection 24 \n2024 1/1/1993 3235 Off. of Quality Progs. & Inspection 24 \n2024 1/1/1993 3236 Off. of Quality Progs. & Inspection 24 2024 12/31/1981 3236 - Quality Assur. & Inspection 24 \n1/1/1993 3271 Executive Offices - 90 \n4500 5/1/1953 3290 Analytical Chemistry Anal. Chem. \n4500 4/30/1960 3290 Analytical Chemistry - Anal. Chem. \n7/14/1949 3295 Wage Standards - - \n4500N 8/31/1970 3315 Civil Defense Civil Def. Res. Proj. 4500S 4/30/1964 3320 Electronuclear . Electronuclear - \n6000 8/31/1970 3320 Electronuclear Electronuclear \n3042 8/31/1970 3325 HFIR Operations Operations \n3042 4/30/1964 3325 HFIR Preoperations Operations . \n3047 12/31/1981 3325 - Operations R&D 27 \n3047 1/1/1993 3325 Waste Mgmt. & Remedial Action 27 \n7917 1/1/1993 3330 Research Reactors 6 \n4500N 1/1/1993 3336 . Central Mgmt. Offices 20 \n4500N 1/1/1993 3337 Central Mgmt. Offices - 20 \n7/14/1949 3340 Associate Director's Department . . \n ) ) X-10 Department, Building, Division Listing \nBuilding \n9204-1 \n9204-1 Date \n5/1/1953 \n5/1/1953 Dept # \n3340 \n3340 Department Description \nResearch & Development \nHomogeneous Reactor Project Division Information \nAsst. Res. Director \nDeputy Res. Director Division # \n4500 4/30/1960 3340 Director's Department - Research Director 4500 4/30/1960 3340 Radiation Safety & Control Director \n4500 4/30/1960 3340 Reactor Evaluation Director \n9204-1 4/30/1960 3340 Thermal Breeder Program Director - \n4500 5/1/1953 3340 Research Director Research Director 3500 8/31/1970 3341 Instr. & Contr. Instr. & Controls \n3500 \n3500 4/30/1960 \n4/30/1964 3341 \n3341 Instr. & Controls \nInstr. & Controls Instr. & Controls \nInstr. & Controls - - - - \n4500S 1/1/1993 3341 Instr. & Contls (R&D) - 9 3500 12/31/1981 3341 . Instr. & Controls R&D 9 4500N \n4500N 12/31/1981 \n1/1/1993 3345 \n3345 Energy \nEnergy - 15 - \n15 7/14/1949 3350 Mathematics Panel \n4500 4/30/1960 3350 Mathematics Panel - Math. Panel - \n4500N 4/30/1964 3350 Mathematics - \nMathematics \n4500N 8/31/1970 3350 Mathematics - Mathematics - - \n4500 5/1/1953 3350 Mathematics Panel Mathematics Panel \n4500N 1/1/1993 3350 . Computing Applications 10 \n4500N 12/31/1981 3355 . Information R&D 7 \n3026-C \n3047 4/30/1964 \n4/30/1964 3360 \n3360 Engineering - \nIsotope Infor. & Publications Isotopes - \nIsotopes 3047 4/30/1964 3360 Radioisotope R & D - \nIsotopes - - - \n3047 8/31/1970 3360 Radioisotope R & D Isotopes - - \n3037 4/30/1960 3360 Radioisotope Res. & Dev. - \nIsotopes - \n3047 4/30/1964 3360 Target Devel. & Production Isotopes 3047 8/31/1970 3361 Isotopes Engineering Isotopes - \n3037 8/31/1970 3363 Radioisotope Technology Isotopes \n3047 8/31/1970 3365 Isotope Trng. & Information Isotopes - \n3037 8/31/1970 3369 Isotopes Target Preparation R & D Isotopes \n4500 5/1/1953 3370 Chemical Technology Chem; Tech. \n4500 4/30/1960 3370 Chemical Technology Chemical Technology - \n4500 4/30/1964 3370 Chemical Technology Chemical Technology 4500N 8/31/1970 3370 Chemical Technology Chemical Tecjinology 4500N 12/31/1981 3370 Chemical Technology 3 \n4500N 1/1/1993 3370 Chemical Technology 3 - \n7601 12/31/1981 3375 Fuel Recycle 14 \n7601 1/1/1993 3375 Robotics & Process Systems - \n14 \n ) ) \nX-1O Department, Building, Division Listing \nBuilding Date Dept # Department Description Division Information Division # \n2001 \n1505 8/31/1970 \n1/1/1993 3380 \n3380 Ecological Sciences - Ecological Sciences \nEnviron. Sciences . \n42 \n1505 \n4500 12/31/1981 \n4/30/1960 3380 \n3390 Analytical Chemistry Environmental Sciences \nAnal. Chem. 42 \n4500S 8/31/1970 3390 Anal. Chem. Anal. Chemistry 4500S 4/30/1964 3390 Analytical Chemistry Analytical Chemistry 4500S 12/31/1981 3390 Analytical Cbem. - - I \n4500S 1/1/1993 3390 . Analytical Chemistry 1 \n4500 7/14/1949 \n5/1/1953 3405 \n3405 Physics Division \nPhysics - \nPhysics - - \n4500 \n4500N 4/30/1960 \n4/30/1964 3405 \n3405 Physics \nPhysics Physics \nPhysics . \n4500N 8/31/1970 3405 Physics J>hysics - - \n6000 12/31/1981 3405 - Physics 13 - \n6000 1/1/1993 3405 Physics 13 4500 4/30/1960 3410 Neutron Physics - Neutron Physics 4500N 4/30/1964 3410 Neutron Physics Neutron Physics 6025 8/31/1970 3410 Neutron Physics Neutron Physics -- \n6025 12/31/1981 3410 . Engineering Physics 12 \n6025 \nK-1225 1/1/1993 \n1/1/1993 3410 \n3415 Engr. Physics & Math \nEngineering Technology - 12 \n7 \n7/14/1949 3420 Chemistry Division - - - \n4500 5/1/1953 3420 Chemistry Chemistry \n4500 4/30/1960 3420 Chemistry Chemistry - - \n4500N 4/30/1964 3420 Chemistry Chemistry - \n4500N 8/31/1970 3420 Chemistry Chemistry - \n4500N 12/31/1981 3420 . •Chemistry 4 \n4500N 1/1/1993 3420 Chemistry - 4 \n4500S 8/31/1970 3430 React. Chem. React. Chem. \n4500S 4/30/1964 3430 Reactor Chemistry Reactor Chem. - \n9733-1 4/30/1960 3430 Reactor Chemistry Reactor Chemistry \n7/14/1949 3435 Technical Division .. \n9204-1 4/30/1960 3435 Reactor Exp. Engr. REE - \n9201-3 4/30/1964 3435 Reactor Reactor \n9201-3 8/31/1970 3435 Reactor Reactor - - \n4500N 1/1/1993 3450 Cemter for Computational Sciences 55 \n7/14/1949 3455 Biology Division - \n7/14/1949 3470 - \nMetallurgy Division \n4500S 8/31/1970 3470 Met. & Cer. - Met. & Ceramics \n ) ) X-10 Department, Building, Division Listing \nBuilding Date Dept # Department Description Division Information Division # \n2000 5/1/1953 3470 Metallurgy Metallurgy 2000 4/30/1960 3470 Metallurgy Metallurgy 4500S 4/30/1964 3470 Metals & Ceramics Metals & Ceramics \n4500S 12/31/1981 3470 Metals & Ceramics 11 \n4500S 1/1/1993 3470 Metals & Ceramics 11 \n3025 5/1/1953 3475 Solid State - Solid State \n3025 4/30/1960 3475 Solid State Solid State \n3025 4/30/1964 3475 Solid State Solid State \n3025 8/31/1970 3475 Solid State Solid State \n3025 12/31/1981 3475 Solid State 18 \n3025 1/1/1993 3475 Solid State 18 \nK-703 8/31/1970 3477 Molecular Anatomy Program Molecular Anatomy Program \n7/14/1949 3480 Technical Training \n2068 5/1/1953 3480 Educ. Rd. & Trng. Educ. Rel. & Training 2068 4/30/1960 3480 Education Education \n2068 4/30/1964 3480 Education Education \n2068 5/1/1953 3481 School of Reactor Technology Educ. Rd. & Training - \n1000 4/30/1960 3482 Research Participation Asst. Dir for Prof. Personnel 4500 4/30/1964 3482 Research Participation & Travel Lecture Asst. Dir, for Prof. Personnel & Univ. R \n2068 5/1/1953 3482 Res Part. Prog., H. P. & Biology Educ. Rel. & Training - \n4500N 8/31/1970 3482 Research Participation & Travel Lecture Education & Univ. Relations \n1000 4/30/1960 3483 Travel Lecture Program Asst. Dir for Prof. Personnel \n4500 4/30/1964 3483 Research Participation & Travel Lecture Asst. Dir. for Prof. Personnel & Univ. R \n2068 5/1/1953 3483 Res Part. Prog., Science & Engr. Educ. Rel. & Training \n4500N 8/31/1970 3483 Research Participation & Travel Lecture - \nEducation & Univ. Relations \n7/14/1949 3490 Health Physics Division \n2001 5/1/1953 3490 Health Physics Health Physics \n2001 4/30/1960 3490 Health Physics Health Physics \n4500S 4/30/1964 3490 Health Physics Health Physics \n4500S 8/31/1970 3490 Health Physics - \nHealth Physics - \n4500S 12/31/1981 3490 Health & Safety Res. 8 \n4500S 1/1/1993 3490 Health & Safety Res. 8 \n3047 12/31/1981 3601 - Operations - Radioisotope Prod. 32 \n3047 12/31/1981 3602 . Operations - Radioisotope Prod. 32 \n3047 12/31/1981 3604 Operations - Radioisotope Prod. 32 \n7/14/1949 3612 Electrical Distribution System . \n2610 5/1/1953 3612 Elect. Distr. Syst Engineering &Mintenance - \n3022 4/30/1960 3612 Elec. Distr. System ' Engineering & Mechanical \n1000 4/30/1964 3612 Elec. Distr. System Plant & Equipment . \n ) ) ) X-1O Department, Building, Division Listing \nBuilding Date Dept # Department Description Division Information Division # \n2518 8/31/1970 3612 Elec. Distr. System Plant & Equipment 2518 \n2518 \n3047 12/31/1981 \n1/1/1993 \n8/31/1970 \n7/14/1949 3612 \n3612 \n3614 \n3615 Isotopes Division Adm. \nS. F. Material Control Plant&Equipment \nPlant & Equipment \nIsotopes - 21 \n21 \n3037 4/30/1964 3615 SS Accountability Isotopes - \n3037 8/31/1970 3615 SS Accountability Isotopes -. \n3001 4/30/1960 3615 SSN & Isotope Accountability Isotopes \n7/14/1949 3630 Chemical Operations 706-D . \n3037 5/1/1953 3630 Chemical Operations Operations - - \n3026 4/30/1964 3632 Liquid & Gaseous Waste Disposal Operations - \n3026 8/31/1970 3632 Liquid & Gaseous Waste Disposal Operations - \n3048 4/30/1960 3632 Liquid & Gaseous Waste Disposal - Operations : \n3026 4/30/1964 3634 Equipment Decontamination Operations - \n3026 8/31/1970 3634 Equipment Decontamination Operations - \n3048 4/30/1960 3634 Equipment Decontamination Operations \n3042 8/31/1970 3636 - \nBulk Shielding Reactor Oprs. Operations \n7/14/1949 3638 Isotope Development-Radium & Beryllium - : \n3037 5/1/1953 3638 Radioisotope Development Operations \n3042 4/30/1960 3639 Research Reactor Operations \n3042 4/30/1964 3639 Research Reactor Operations - \n3042 8/31/1970 3639 Research Reactor - Operations - - \n3047 12/31/1981 3639 Operations (Services) 28 \n7/14/1949 3640 Isotope Control Department - - - \n3037 4/30/1960 3640 Isotope Sales Isotopes \n3037 4/30/1964 3640 Isotope Sales Isotopes \n3037 8/31/1970 3640 Isotope Sales Isotopes . \n3037 5/1/1953 3640 Radioisotope Sales Operations \n7/14/1949 3641 Pile Operations - 100 Area \n3001 5/1/1953 3641 Reactor Operations Operations - \n3042 \n3042 4/30/1960 \n4/30/1960 3641 \n3642 Reactor Operations \nLow Intensity Test Reactor Operations \nOperations \n3042 4/30/1964 3642 Low Intensity Test Reactor Operations - \n3001 4/30/1960 3643 Reactor Operations Tech. Operations \n3001 4/30/1964 3643 Reactor Operations Tech. Operations - \n3001 8/31/1970 3643 Reactor Operations Tech. Operations \n7/14/1949 3648 Water Distribution System - . - \n3026 4/30/1964 3648 Treated Water Distr. System Operations \n3026 8/31/1970 3648 Treated Water Distr. System - Operations \n ) ) ) X-10 Department, Building, Division Listing \nBuilding Date Dept # Department Description Division Information DivisiOn # \n3048 4130/1960 3648 Treated Water Distr. System Operations - \n3042 4/30/1960 3649 Demineralized Water Plant Operations \n3042 4/30/1964 3649 Demineralized Water Plant Operations \n3042 8/31/1970 3649 Demineralized Water Plant Operations \n3037 4/30/1964 3650 Radioisotope Processing Isotopes \n3037 8/31/1970 3650 Radioisotope Processing - Isotopes - \n3037 4/30/1960 3650 Radioisotope Prod. Isotopes \n3037 4/30/1964 3657 Radioisotope Tech. Services Isotopes \n3048 4/30/1960 3671 Laboratory Facilities Operations \n3525 4/30/1964 3674 Hot Cell Operations Operations \n3525 8/31/1970 3674 Hot Cell Operations Operations \n3047 12/31/1981 3674 Operations (Services) 28 \n3026 4130/1964 3725 Air Compressor Operations \n3026 813 1/1970 3725 Air Compressor Operations . \n3048 4/30/1960 3725 Air Compressor Operations \n7/14/1949 3743 Steam Plant S \n2610 5/1/1953 3743 Steam Plant Engineering & Maintenance - \n3026 4/30/1964 3743 Steam Plant Operations \n3026 8/31/1970 3743 Steam Plant Operations \n3048 4/30/1960 3743 Steam Plant Operations - - \n2518 1/1/1993 3743 . Plant & Equipment 21 \n3047 12/31/1981 3743 Operations (Services) 28 \n2518 1/1/1993 4021 Bldg. Maint. ORNL @ Y-12 Plant & Equipment 21 \n2518 12/31/1981 4021 Bldg. Maint. ORNL at Y-12 - Plant & Equipment 21 \n4500N 8/31/1970 4047 Libraries Technical Information \n4500N 12/31/1981 4047 . \nInformation 31 \n4500N 12/31/1981 4099 . - Information 31 \n4500NA 8/31/1970 4112 ORNL Y-12 Photography - Technical Information - \n2068 4/30/1960 4112 Photography Technical Information \n4500N 4/30/1964 4112 Photography - Technical Information - - \n4500N 12/31/1981 4112 . Information 31 \n4500N 4/30/1964 4163 Statistical Services Mathematics . \n4500N 8/31/1970 4163 - Statistical Services Mathematics \n4500S 1/1/1993 4175 -Office of Radiation Protection 38 \n2001 4/30/1960 4192 Y-12 Pers. Montr. Health Physics \n4500S 8/31/1970 4193 ORNL - Y-12 Rad. Survey Appi. Health Physics &. Safety - \n4500S 4/30/1964 4193 ORNL - Y-12 Rad. Survey Health Physics \n2001 4/30/1960 - 4193 Y-12 Rad. Survey - Health Pbysics . \n4500S 12/31/1981 4193 Industrial Safety & Appi. Health Physics - - 36 \n ) \nX-1 0 Department, Building, Division Listing \nBuilding Date Dept # Department Description Division Information Division # \n4500 4/30/1960 4270 Analytical Chemistry Anal. Chem. \n9733-2 5/1/1953 4270 Chemical Analysis Anal. Chem. \n4500 4/30/1960 4290 Analytical Chemistry Anal. Chem. \n9733-1 5/1/1953 4300 Materials Chemistry Mat. Chem. \n9204-3 5/1/1953 4320 Electromagnetic Research Elect. Res. \n9204-3 4/30/1960 4320 Electronuclear Research Electro. Research \n3047 12/31/1981 4325 Operations R&D -. 2T \n9204-1 5/1/1953 4342 Long Range ReactOr Planning Long Range Reactor Planning \n4500N 12/31/1981 4355 Information R&D - 7 - \n9731 5/1/1953 4360 Isotope Research & Prod. Iso. Res. & Prod. \n9731 4/30/1964 4360 Stable Isotopes R & D Isotopes - \n9731 8/31/1970 4360 Stable Isotopes R & D Isotopes - \n, \n9731 4/30/1960 4360 Stable Isotopes Res. & Dev. - Isotopes \n9731 4/30/1960 4362 Special Separations - Isotopes \n9731 4/30/1964 4362 Special Separations Isotopes -. \n9731 8/31/1970 4362 - Special Separations - Isotopes \n3047 4/30/1964 4364 Thermal Diffusion R & D Isotopes \n4500 4/30/1960 4370 Chemical Technology - Chemical Technology -- \n4500N 1/1/1993 4370 Chemical Technology 3 \n9704-1 5/1/1953 4380 Aircraft Nuclear Propulsion ANP \n9201-3 4/30/1960 4380 Reactor Projects Asst. Director - \n4500 4/30/1960 4390 Analytical Chemistry - - Anal. Chem \n4500S 8/31/1970 4390 Anal. Chem. Anal. Chemistry \n4500S 4/30/1964 4390 Analytical Chemistry. Analytical Chemistry - - - \n4500S 1/1/1993 4390 Analytical Chemistry 1 \n4500 4/30/1960 4405 Physics Physics - \n4500 4/30/1960 4420 Chemistry Chemistry \n4500S 8/31/1970 4430 React. Chem. React. Chem. - \n4500S 4/30/1964 4430 Reactor Chemistry Reactor Chemistry \n9733-1 4/30/1960 4430 Reactor Chemistry Reactor Chemistry - \n9204-1 5/1/1953 4435 Reactor Exper. Engr. R.E.E. \n9204-1 4/30/1960 4435 Reactor Exp. Engr. REE \n9201-3 4/30/1964 4435 Reactor Reactor \n9201-3 8/31/1970 4435 - \nReactor Reactor \n9201-3 12/31/1981 4435 . Eng. Technology- 16 \n9201-3 1/1/1993 4435 Engineering Technology 16 \n9207 5/1/1953 4455 - \nBiology - Biology - \n9207 4/30/1960 4455 Biology Biology - \n9207 4/30/1964 4455 Biology - Biology - \n X-1O Department, Building, Division Listing \nBuilding Date Dept # Department Description Division Information Division # \n9207 8/31/1970 4455 Biology Biology - \n9207 12/31/1981 4455 Biology 2 \n9207 1/1/1993 4455 Biology 2 \n9201-2 4/30/1964 4460 Thermonuclear Asst. Director \n9201-2 8/31/1970 4460 Thermonuclear Thermonuclear \n920 1-2 4/30/1960 4460 Thermonuclear Exp. - Thermonuclear Exp. 9201-2 12/31/1981 4460 Fusion Energy 19 \n9201-2 1/1/1993 4460 . Fusion Energy 19 \n2001 4/30/1960 4490 Y-12 H. P. Research Health Physics . \n3047 12/31/1981 4602 Operations - Radioisotope Prod. \nOperations - Radioisotope Prod. 32 \n3047 12/31/1981 4603 32 \n9731 4/30/1960 4647 Stable Isotopes Isotopes \n9731 4/30/1964 4650 Electromagnetic Sep. Isotopes \n9731 8/31/1970 4650 Electromagnetic Sep. Isotopes \n9731 4/30/1960 4650 Stable Isotopes Prod. Isotopes \nJacksonPlz 1/1/1993 8137 Business Systems 95 \nK-1007 1/1/1993 8139 Off. of the Controller 62. \n1580/K-25 1/1/1993 8142 Computing & Telecommunications 63 \nCom.Pk. 1/1/1993 8146 Off, of the Treasurer 60 \n4500N 12/31/1981 8161 . \nComputer Sciences - 63 \n1580/K-25 1/1/1993 8161 Computing & Telecommunications 63 \n4500N 12/31/1981 8162 Computer Sciences 63 \n4500N 12/31/1981 8163 Computer Sciences 63 \n15801K-25 1/1/1993 8164 - Computing & Telecommunications 63 \n4500N 12/31/1981 8165 Computer Sciences 63 \n1580/K-25 1/1/1993 8165 Computing & Telecommunications 63 \n1580/K-25 1/1/1993 8166 - Computing & Telecommunications 63 \n1580/K-25 1/1/1993 8167 Computing & Telecommunications 63 \n4500N 12/31/1981- 8169 Computer Sciences 63 \n1580/K-25 1/1/1993 8169 Computing & Telecommunications - 63 \n4500N 12/31/1981 8170 Computer Sciences 63 \nTownsite 1/1/1993 8191 Procurement 64 \nK-1200 1/1/1993 8360 . Environ. Restor. Off. 87 \n1000 12/31/1981 8410 . - Engineering 69 \n1000 1/1/1993 8410 • \nEngineering 69 \n9704-2 1/1/1993 8700 Info' Res. &Admin; 70 \n9739 1/1/1993 8701 . - \nGraphics - 71 \nCom.Pk. 1/1/1993 8702 . Informatioi Services - 72 \nCom.Pk. 1/1/1993 8703 - Publications - - 73 \n ) ) \nX-1 0 Department, Building, Division Listing \nBuilding Date Dept ft Department Description [ Division Information Division# \n.__________ 1/27/1948 A5OA Janitors Department - - \n7/14/1949 A50A Janitors Department \n703-C 8/11/1948 A5OA Janitor Personnel & Services \n7/14/1949 A50D Health Division \n1/27/1948 A5OD Medical Department \n719 8/11/1948 A5OD Medical - Health - \n7/14/1949 A50E Instrument Department . \n1/27/1948 A5OE Mechanical Department - Instruments \n717-B 8/11/1948 A5OE Inst. Engineering, Maintenance & Construction \n7/14/1949 A5OG Laboratory Protection \n1/27/1948 A5OG Plant Protection \n703-C 8/11/1948 A5OG Plant Prot. Security \n1127/1948 A50H Health Physics Department \n104-B 8/11/1948 A5OH Health Physics Health Physics \n1/27/1948 A5OJ Employee Services \n7/14/1949 A50J Service Department : \n703-C 8/11/1948 A5OJ Services Personnel & Services - \n1/27/1948 A5OL Employment & Personnel . \n7/14/1949 A5OL Personnel & Employment Department \n703-C 8/11/1948 A50L Personnel Personnel & Services \n7/14/1949 A5OM General Office . \n1/27/1948 A5OM General Offices - \n703-C 8/11/1948 A5OM Gen. Offices General Offices \n7/14/1949 A5ON Mechanical Department-Maintenance &Shops - \n1/27/1948 A5ON Mechanical Maintenance (ExA5OE,A5OT,A51T \n717-B 8/11/1948 A5ON Mech. Maint. Engineering, Maintenance & Construction \n1/27/1948 A5OR Cafeteria - - \n7/14/1949 A5OR Cafeteria & Canteens - \n703-C 8/11/1948 A5OR Cafeteria - Personnel & Services \n1127/1948 A5OS - Stores Department - \n7/14/1949 A5OS Stores Section - \n703-C 8/11/1948 A5OS Stores General Offices \n7/14/1949 A5OT - \nTransportation . \n1/27/1948 A5OT Trant;portation (Exclusive of A51T) . \n703-B 8/11/1948 A5OT Trans. Engineering, Maintenance & Construction \n1/27/1948 A5OU Power Department (Exclusive of M5OS,M5OT - \n703-B 8/11/1948 A5OU Power Engineering, Maintenance & Construction - \n7/14/1949 A5OW Engineering Department . . - - - \n1/27/1948 A5OW Plant Design Department - \n ) \nX-1O Department, Building, Division Listing \nBuilding Date Dept # Department Description Division Information Division II \n703-C 8/11/1948 A5OW Engineering Engineering, Maintenance & Construction \n1/27/1948 A5OX Maintenance-Grounds \n1/27/1948 A5OZ Maintenance - Buildings . \n1/27! 1948 A51G Guard Department \n7/14/1949 A51G Patrol Department - \n720 8/11/1948 A51G Guard Security \n1/27/1948 A51H Health Physics Department-Instrument Ser . - \n7/14/1949 A51H Radiation Survey-Monitoring (General) . . \n104-B 8/11/1948 A51H -Rad. Sur. Mon. Ha1th Physics - - \n1/27/1948 A51J Recreation & Athletics \n7/14/1949 A5IJ Recreation & Athletics - \nV \n703-C 8/11/1948 A51J Recreation - Personnel & Services \n1/27/1948 A51S Receving and Shipping Department - - \n- \n7/14/1949 A5IS Receiving and Shipping Section - . \n703-C 8/11/1948 A51S Recv. & Shipping General Offices \n1/27/1948 A51T - Maintenance - Automotive Equipment \n7/14/1949 A51T Maintenance-Automotive Equipment(Normal) - \n703-B 8/11/1948 A5 iT Maint. Auto. Engineering, Maintenance & Construction - \n7/14/1949 A5 1W New Facilities Design \n1/27/1948 A51W Research Engineering - Shops - \n7/14/ 1949 A52G Fire Department \n1/27/1948 A52G Fire Protection - - - \n735-A 8/11/1948 A52G Fire Prot. Personnel & Services \nV \n1/27/1948 A52H Health Physics Department-Personnel Moni - - \n1/27/ 1948 A52J Laundry V - \n7/14/1949 A52J Laundry \n703-C 8/11/1948 A52J Laundry Personnel & Services \n1/27/1948 A52S Tool Department \n7/14/1949 A52S Tool Section \n703-C 8/11/1948 A52S Tools \nResearch Engineering-Design General Offices - \n1/27/1948 A52W \n1/27/1948 A53G Safety Department \n7/14/1949 A53G Safety Department \n735-A 8/11/1948 A53G Safety Personnel & Services \nV \n1/27/1948 A53H Health Physics Department-Survey Group - - \n1/27/1948 \n1/27/1948 A53J \nA54H Training-Industrial Relations \nHealthPhysicsDept.UrinalysiS (CostCenter . . - \n1/27/1948 A54J Jury Duty (Cost Center) \n7/14/1949 A55H Personnel Monitoring - \n- \n Building Date Dept # Department Description Division Information Division # \n1/27/1948 A55J Termination Allowance (Cost Center) - \n1/27/1948 A56J Occupational Disability Payments(CostCtr \n1/27/1948 A57J Non-occupational Diability (CostCenter) \n703-C 8/11/1948 A57L Labor Re!. Personnel & Services \n1/27/148 A58J Meal Allowance (Cost Center) \n7/14/1949 A6OH Radiation Survey - \n703-C 8/11/1948 A6OL Emp. Training Personnel & Services \n7/14/1949 A6ON Research Shops Department \n717-BB 8/11/1948 A6ON Research Shops Dept. Engineering, Maintenance & Construction \n7/14/1949 A63J Labor Relations Department \n7/14/1949 A64J Photography \n7/14/1949 A65H Instrument & Assay Group \n7/14/1949 A65J Employee Training Department . . \n7/14/1949 A66J Insurance Section . \n7/14/1949 B5OA Director's Department \n1/27/1948 B5OA Superintendents Department \nSupt. 7O3-A 8/11/1948 B5OA Director - \n1/27/1948 B5OB Purchasing Department \n1/27/1948 B5OF Freight, Express and Cartage (CostCenter . \n1/27/1948 B5OK Inventory Adjustment (CostCenter) - - . \n1/27/1948 B5OP Employee Plans (CostCenter) \n1/27/1948 B5OS Scrap Material (Cost Center) \n1/27/1948 B5OT Telephone, Telegraph & Postage (CostCtr) \n1/27/1948 B5OW Compens.,Pub.Liabil.,Soc.Sec.Tax(CostCtr - \n1/27/1948 B51A Convention Attendances . \n1/27/1948 B51W Tennes3ee Sales & Use Tax (CostCenter) \n7/14/1949 B52A Wage Standards - \n703-A 8/11/1948 B52A - Wage Stds. - WagèStds. - \n1213 1/1963 CHEM . Chemistry Division CHEM \n12/31/1963 FUS - Fusion Research - FUS \n1/27/1948 H100L Libraries \n• 7/14/1949 H100L - Libraries . - \n703-A 8/11/1948 H100L - Library Director \n7/14/1949 H200L Physics Division - \n1/27/1948 H200L Research & Development - Physics Div. • \n706-B 8/11/1948 H200L Physics Physics . \n7/14/1949 H300L Chemistry Division - - \n1/27/1948 H300L- Research & Development - Chemistry Div - - - - \n706-A 8I11/1948 H300L Chemistry Chemistry - - ) T) \nX-10 Department, Building, Division Listing \n X-1O Department, Building, Division Listing ) ) \nBuilding Date Dept # Department Description Division Information Division # \n1/27/1948 H3O1L Chemical Analysis (CostCenter) \nResearch & Development - Technical Div 1/27/1948 H400L \n7/14/1949 H400L Technical Division \n703-A 8/11/1948 H400L Technical Technical \n1/27/1948 H4O1L Hot Pilot Plant (CostCenter) - \n1/27/1948 H500L Researc & Development - Power Pile Div - \n703-A 8/11/1948 H500L Power Pile Power Pile \n1/27/1948 H5OF Deferred Charge Orders (Cost Center) . \n7/14/1949 H5OL Associate Director's Department - - - \n1/27/1948 H5OL Research & Development-Overhead - \n703-A 8/11/1948 1150L Res. Dev. Ov'H. Director \n1/27/1948 H5OT Manufacure Small Tools&Supplies(CostCtr - \n1/27/1948 H5OW Charges to ABC (CostCenter) - -_- \n1/27/1948 H5OW Work or Outside Parties (Cost Center) \n7/14/1949 H51L Mathematics Panel . \n7/14/1949 H600L Biology Division \n1/27/1948 H600L Reseatch & Development - Biology Div \n9207 8/11/1948 H600L Biology Biology - -- \n7/14/1949 H700L Metallurgy Division \n1/27/ 1948 H700L Research & Development-Metallurgy \n703-A 8/11/1948 H700L Metallurgy Metallurgy \n1/27/1948 H800L Research & Development-Training Div. - - \n7/14/1949 H800L Technical Training . . \n7/14/1949 H900L Health Physics Division - - - - \n104-B 8/11/1948 H900L H. P. Res. - \nHealth Physics - \n7/14/1949 M5OC Chemical Operations 706-D \n1/27/1948 M5OC Chemical Operations, 706D Area \n706-D 8/11/1948 M5OC Chem. Oper. Operations \n1/27/1948 M5OD Isotope Development \n7/14/1949 M5OD Isotope Development-Radium & Beryllium - \n735-B 8/11/1948 M5OD Isotope Dev. Operations \n7/14/1949 M5OE Isotope Control Department \n1/27/1948 M5OE Operations Service Department \n735-B 8/11/1948 MSOE Oper. Service Operations \n7/14/1949 M5OK Electrical Distribution System - - - . \n1/27/1948 M5OP Pile Operations - 100 Area \n7/14/1949 M5OP Pile Operations - 100 Area \n105 8/11/1948 M5OP Pile Operations Operations \n1/27/1948 M5OS Steam Plant - \n Di X-10 Department, Building, Division Listing \nBuilding Date Dept # Department Description Division Information Division # • 7/14/1949 M5OS Steam Plant - - \n703-B 8/11/1948 M5OS Steam Plant Engineering, Maintenance & Construction \n7/14/1949 M5OT Water Distribution System \n1/27/1948 M5OT Water Treating \n703-B 8/11/1948 M5OT Water Treating Engineering, Maintenance & Construction \n1/27/1948 M51C Isotope Separation (CostCenter) - - \n1/27/1948 M51D Radium and Beryllium (CostCenter) \n1/27/1948 M51P Pile Operations - Isotopes (CostCenter) \n. 1/27/1948 M52C Tank Farm Area (CostCenter) . \n12/31/1963 MED Medical Division MED \n12/31/1963 METAL Metallurgy METAL \n12/31/1963 PHYS Physics Research and Development PHYS \n12/31/1963 RADISO Radioisotope Division RADISO \n12/31/1963 SEP Separations Development Division SEP \n12/31/1963 SSTATE Solid State Physics SSTATE \n7/1/1975 Analytical Chemistry 1 \n12/31/1994 Analytical Chemistry 1 \n7/1/1975 Biology 2 \n12/31/1994 Biology 2 \n3/8/1995 Biology - 2 \n7/1/1975 Chemical Technology 3 \n12/31/1994 Chemical Technology 3 \n3/8/1995 Chemical Technology - 3 \n3/8/1995 - ASO Analytical Support 4 \n12/31/1994 . Chemical & Anal. Sciences - 4 \n7/1/1975 . Chemistry 4 \n7/1/1975 - Research Directors 5 \n6/29/1975 Molecular Anatomy Program 6 - \n12/31/1994 Research Reactors 6 \n3/8/1995 Research Reactors - - 6 \n7/1/1975 Information-Research & Development 7 \n7/1/1975 . Health Physics 8 \n12/31/1994 . Health Sciences Research 8 \n3/8/1995 - Health Sciences Research 8 \n12/31/1994 Instr. & Controls (R&D) 9 • \n3/8/1995 Instrumentation & Controls (R&D) 9 \n7/1/1975 Instrumentation & Controls R&D. 9 \n3/8/1995 . Computational Physics & Engineering - 1 \n7/1/1975 Computer Sciences - Research - 10 \n X-1 0 Department, Building, Division Listing \nBuilding Date Dept # Department Description Division Information Division # \n12/31/1994 Computing Applications 10 \n7/1/1975 . Metals & Ceramics 11 \n12/31/1994 . Metals & Ceramics 11 \n3/8/1995 Metals & Ceramics 11 \n3/8/1995 . \nComputer Science & Mathematics 12 \n12/31/1994 Engr. Physics & Math 12 \n7/1/1975 Neutron Physics -. 12 \n7/1/1975 . \nPhysics 13 \n12/31/1994 . - Physics - - 13 - \n3/8/1995 Physics - \n13 \n12/31/1994 Robotics & Process Systems - \n14 \n3/8/1995 - Robotics & Process Systems 14 \n7/1/1975 . - Energy 15 - \n12/31/1994 . . Energy - 15 \n3/8/1995 Energy 15 \n12/31/1994 - Engineering Technology 16 \n3/8/1995 Engineering Technology 16 - \n7/1/1975 - Reactor - 16 -- \n7/1/1975 • . \nSolid State 18 \n12/31/1994 Solid State 18 \n3/8/1995 \n12/31/1994 - - Solid State - - \nFusion Energy 18 \n19 \n3/8/1995 Fusion Energy 19 \n7/1/1975 Thermonuclear - - \n19 \n3/8/1995 Central Management Offices 20 . 12/31/1994 Central Mgmt. Offices 20 \n7/1/1975 . Directors Administration 20 \n7/1/1975 Plant & Equipment - \n21 - \n12/31/1994 Plant & Equipment 21 \n3/8/1995 Plant & Equipment - 21 \n12/31/1994 Office of Oper. Readiness & Facility Saf 22 - \n3/8/1995 Office of Oper. Readiness & Facility Saf 22 \n7/1/1975 - Health 23 \n12/31/1994 - Health 23 \n3/8/1995 I-Iealth 23 - \n7/1/1975 Inspection Engineering 24 \n12/31/1994 - Office of Quality Programs & Inspection - 24 \n3/8/1995 . Office of Quality Programs & Inspection 24 \n6/29/1975 Isotopes Research & Development 25 \n X-1O Department, Building, Division Listing \nBuilding Date \n7/1/1975 Dept # Department Description Division Infonnation \nLaboratory Protection Division # \n26 \n12/31/1994 . Office of Lab. Protection 26 \n3/8/1995 Office of Lab. Protection 26 \n27 7/1/1975 Operations Research & Development \n12/31/1994 Waste Mgmt. & Remedial Action 27 \n27 3/8/1995 Waste Mgmt. & Remedial Action \n7/1/1975 . Operations - Services 28 \n7/1/1975 Employee Relations 29 \n12/31/1994 \n7/1/1975 Human Resources \nInformation - Services - - - 29 \n31 \n3/8/1995 Office of Science & Technology Partnersh \nOperations - Radioisotopes Production 31 \n7/1/1975 32 - \n33' 7/1/1975 Chemical Technology-Stable Isotopes Prod - \n12/31/1994 . \n- Lnstr. & Controls (Services) 34 \n3/8/1995 Instrumentation & Controls (Services) 34 \n7/1/1975 Instrumentation & Controls - Services 34 \n7/1/1975 Computer Scienccs - Services 35 \n12/31/1994 Off, of Env. Compliance & Doc. 35 -- \n35 3/8/1995 Off. of Env. Compliance & Doc. \n7/1/1975 Applied Health Physics - \n12/31/1994 Off. of Saf. & Health Prot. - 36 \n3/8/1995 - Office of Safety &Health Prot. 36 \n12/31/1994 . Fin. & Business Mgmt. - \n3/8/1995 Finance -& Business Mgmt. - - - -37 \n37 7/1/1975 . Finance & Mateiials \n38 7/1/1975 General Engineering \n12/31/1994 Off. of Rad. Protection \n- 38 \n38 3/8/1995 Office of Radiation \n7/1/1975 Solid State-Target Preparation (New) 39 \n711/1975 . General Engineering - R&D 40 \n42 12/31/1994 Environ. Sciences \nEnvironmental Sciences 42 7/1/1975 \n3/8/1995 . \n- Environmental Sciences \n3/8/1995 Property and Materials Management \nSci. 52 \n55 12/31/1994 Center for Computational \n55 3/8/1995 Center for Computational Sci. — 60 3/8/1995 Chemical & Analytical Sciences \n60 12/31/1994 MMES Business Services \n60 3/8/1995 MMES Business Services ) \n ) ) \nX-10 Department, Building, Division Listing \nBuilding Date Dept # [ \n3/8/1995 Department Description Division Information \n61 Office of Quality Assurance - \n62 12/31/1994 Off. of the \nOffice of the Controller 62 3/8/1995 Services 63 12/31/1994 Computing & Tele. \nServices 63 3/8/1995 Computing \n64 12/31/1994 : Procurement - - \n64 3/8/1995 Procurement \nLaboratories 65 . 3/8/1995 . ASO Analytical 67 3/8/1995 ASO Compliance Quality \n67 12/31/1994 Analytical Org. \nServices 69 3/8/1995 Central Engineering 69 12/31/1994 Engineering \nServices 70 12/31/1994 Info. Mgmt. '70 3/8/1995 Info. Mgmt. Org. \n71 12/31/1994 Graphics \nServices 72 12/31/1994 73 12/31/1994 \nRestor. 87 12/31/1994 Environ. Programs \nEnviron. Restor. Programs 87 3/8/1995 . \nOffices 90 12/31/1994 Executive Offices - \n90 \n91 3/8/1995 \n3/8/1995 Energy Systems Human Resources \n C-5X-OBuilding Names and Building Numbers\n X-10 Building Number and Building Name Listing\nBegin DateRef DateBuilding #Building Name1/1/1 9511/1/1951ORNLO900Pistol Range1/1/19511/1/1951ORNLO9OI154 kV Substation1/1/19511/1/1951ORNLO9O2Reservoir1/1/19488/23/1963ORNLO9O2Reservoir1/1/1951.1/1/1951ORNLO9O3Stationary Storage (Bethel Church)1/1/19511/1/1951ORNLO9O4Oil Storage Tank.1/1/19488/23/1963ORNLO9O7Interim Low Level Facility1/1/1 9511/1/1951ORNLI000Administration and Engineering Bldg\n•1/1/19468/23/1963ORNLI000 •.Administration Building (P&E Div. Offices@1963) • *.,_________12/1/1978ORNLI000Engineering•.1/1/19511/1/19511/1/1951ORNLIOIORNLIO1-BORNLI 01-CAreaFldOff,ResShopsSpecialMaterialLabRolling Mill (Metallurgy Division)Decontamination Hut (Tools&MachineShop)1/1/1951ORNLI 01 -DMetallurgy Laboratory1/1/1951ORNLIO2Research Offices1/1/1951ORNLIO3Vault (Storage of Precious Metals)1/1/1951ORNLIO4-A_.Test Building (Health PhysiOs)1/1/1951ORNLIO4-BHealth-Physics Building . .1/1/1951ORNL1O5Pile Building (Graphite Pile)1/1/1951ORNLIO5-EStorage (Chemical and Instrument)1/1/19511/1/1951ORNLIO5OSentry Post #21/1/19511/1/1951ORNL1O5IStorage.1/1/19511/1/1951ORNLIO52 .Sentry Post#2B\n.12/1/1 978ORNLI 053-AConstruction Engineenng Office12/1/1 978ORNLI 053-BConstruction Engineering Office ... .12/1/1 978ORNLI 054Engineering Office Anhex.•..1/1/1951ORNL406Low Intensity Reactor .1/1/1951ORNL107Physics of Solid States Cell Building1/1/1951ORNL114Graphite PiléAir Filter Building1/1/1951ORNL115Graphite Pile Fan House1/1/1951ORNL115-ALaboratory1/1/1951ORNL115-BLaboratory ..1/1/1 9511/1/1951ORNL1500Lumber & Spare Parts, Cylinder Storage .1/1/19511/1/1951ORNL1501U.S. WeatherBureau1/1/19511/1/1951ORNL1502Solvent Storage - .•12/1/1 978ORNL1503Greenhouse Complex\n.12/1/1 978ORNL1504Aquatic Ecology Laboratory12/1/1 978ORNL1505Environmental Sciences Laboratory•12/1/1 978ORNL1506Controlled Environment & Animal Bldg1/1/19511/1/1951ORNL1550Septic Tank•1/1/1 9511/1/1951ORNL1551Acid Storage.0RNL1555Mobile Office Unit. .1/1/19511/1/1951ORNL2000Metallurgy Laboratory1/1/19488/23/1963ORNL2000Metallurgy Laboratories12/1/1978ORNL2000I nspectionEngineeringLabSolidStateAnnexPlant Wide Electriáal Distribution. 1/1/19511/1/1951ORNL20000 •1/1 /1 9511/1/1951ORNL2000IGamewall Fire Alarm System1/1/19511/1/1951ORNL20002Auto-call System ..,1/1/1 9511/1/1951ORNL20003Roads and Walkways - Topography1/1/19511/1/1951ORNL20004Fences1/1/1 9511/1/1951ORNL20005 .Burial Ground #1\nCS-I\n X-1O Building Number and Buildin9 Name Listing\nBegin DateRef Dateuilding #[Building Name1/1/19511/1/1951ORNL20006Burial Ground #21/1/19511/1/1951ORNL20007Burial Ground #31/1/19511/1/1951ORNL200IHealth-Physics Building.1/1/19488/23/1963ORN..2OO1Health Physics Laboratories•12/1/1 978ORNL200IEnvironmental Sciences Division1/1/19511/1/1951ORNL2002.Water Tank1/1/1951•1/1/195112/1 /1 978ORNL2003ORNL2003Pump HouseProcess WaterControl Station1/1/19511/1/1951ORNL2005Physics Laboratory1/1/19448123/1963ORNL2005Physics Laboratory (demolished by 1963)1/1/1 9511/1/1951ORNL2006Storage (Chemical and Instrument)1/1/19511/1/1951ORNL2007Calibration Buildiflg (Health Physics)1/1/19518/23/1963ORNL2007Health Physics Test Building12/1/1978ORNL2007Health Physics Calibration Station1/1/19511/1/19461/1/19518/23/1963ORNL2008ORNL2008Urine Analysis LaboratoryHealth Physics Low Level Analysis Lab12/1/1978ORN L2008HealthPhysicsTechnologyl nternaiDosimLab1/1/1951111/1951ORNL2009Reservoir•12/1/1 978ORNL2009Cafeteria Storage Building1/1/19511/1/1951ORNL2OIO .Cafeteria1/1/19518/23/1963ORNL2OIONew Cafeteria..1.2/1/1978ORNL2OIOCafeteria1/1/19511/1/1951ORNL2OIIAccelerator building1/1/19438/23/1963ORNL2OIIOriginal Steam Plant.12/1/1978ORNL2OII .Mechanical Properties Lab: No. 21/1/19511/1/1951ORNL2OI2Health Physics1/1/19511/1/1951ORNL2OI3Health Division111/19438/23/1963ORNL2OI3Medical and Biological Building (now sto12/1/1 978ORNL2OI3West Maintenance Service Center1/1/19511/1/1951ORNL2O14Emergency Generator1/1/19511/1/1951ORNL2OI5Telephone Vault1/1/19511/1/1951ORNL2OI6Portal Building (Proposed)12/1/1 978ORNL2OI6West Portal1/1/19511/1/1951ORNL2O17Generator House.1/1/19511/1/1951ORNL2OI8Carpenter ShopElectrical and Air Condit. Service Ctr. 12/1/1 978ORNL2OI812/1/1 978ORNL2OI9Vertebrate Colony House1/1/19568/23/19630RNL2024Metallurgy Lab Annex\n•12/1/19780RNL2024Inspection Eng.Environ.Sci.Div. Annex A.12/1/1 9780RNL2026High Radiation Level Analytical .Lab -12/1/1 9780RNL2028Environ. Sci. Office Annex No. I12/1/1978ORN L2029Information Center Complex12/1/1 978ORNL2O3OMobile Office unit12/1/1978ORN.L2031Mobile Office Unit1/1/1951ORNL2O4Isolation Building1/1/1951ORNL2O5Pilot Plant1/1/1951ORNL2O5-AEmergency Generator1/1/19511/1/1951ORNL2O5ISentry Post #12 .1/1/19511/1/19510RNL2052.Test Building (Health Physics)1/1/1 9511/1/19510RNL2053Emergency Generator.1/1/1 9511/1/1951ORNL2O54Storage (Chemicals & Chemical Equipment)\n X-10 Building Number and Building Name Listing\nBegin DateRef DateBuilding #Building Name1/1/1 9511/1/19510RNL2055Storage (Chemicals & Chemical Equipment)1/1/19511/1/19510RNL2056Storage (Chemicals & Chemical Equipment)111/19511/1/19510RNL2058Sentry Post#IIC1/1/19511/1/19510RNL2059Storage (Chemicals & Chemical Equipment).1/1/1951ORNL2O6SEE 3023,35073510,3511,3512,35131/1/1951ORNL206-AStorage (T.V.A.)1/1/1951ORNL2O6-BChemical Evaporator Building1/1/19511/1/1951ORNL2O6ISmoke Stack1/1/19511/1/19510RNL2067Administration Building1/1/19511/1/19510RNL2068Administration Building1/1/19438/23/19630RNL2068Administration Building (ORSORT @1963)1/1/1 9511/1/19510RNL2069Reactor School1/1/19438/23/19630RNL2069Cafeteria (ORSORT @1963)12/1/1 9780RNL2069Change House1/1/1 9511/1/19510RNL2073Paint Storage1/1/19511/1/1910RNL2074Paint Shop1/1/1 9511/1/19510RNL2075Pump House1/1/1 9511/1/19510RNL2077Pickling and Ladder Dipping Vats1/1/19511/1/19510RNL2078Clock Alley (Sentry Post #4)1/1/19511/1/19510RNL2079Flag Pole1/1/1 9511/1/1951ORNL2O8OAccelerator Building Annex1/1/19511/1/19510RNL2085Paint Shop.12/1/1 9780RNL2093Environmental Storage (N. of Bldg. 2001)\n.12/1/19780RNL2095Environ.Sciences lnsctary Bldg.1/1/1 9511/1/1951ORNL2500Guard Headquarters and Fire Headquarters1/1/19438/23/1963ORNL2500Patrol and Fire Headquarters12/1/1 978ORNL2500Guard and Fire Headquarters1/1/1 9511/1/1951ORNL25OIChange House (Colored Men)1/1/19511/1/19510RNL2502Change House (Colored Women)1/1/1951—1/1/19510RNL2504Truck Scales1/1/1951—1/1/19510RNL2505Central Shops1/1/1 9511/1/19510RNL2506Tool and Pipe Stores, Timekeepers1/1/19438/23/1963ORN L2506Instrument Shops12/1/1 9780RNL2506Fabrication Shop and Timekeeping—.1/1/19511/1/19510RNL2507Sentry Post #11 ..— --Air Compressor Building•12/1/1978ORl'4L2510.1/1/1 9511/1/19510RNL2512Pipe Cutting Shop •1/1/19511/1/19510RNL2513Sewing Room (for Bldg. 2515).1/1/19511/1/19510RNL2514Checking Room (for Bldg. 2515)1/1/19511/1/19510RNL2515Laundry1/1/1 9511/1/19510RNL2516General Stores1/1/19438/23/19630RNL2516Central Stores1/1/19511/1/19510RNL2517Safety Department1/1/19438/23/19630RNL2517Safety Department Offices12/1/19780RNL2517Personnel Development and Systems Dept.1/1/1951. 1/1/19510RNL2518 .Change House (White Men)1/1/19518/23/19630RNL2518Change House12/1/19780RNL2518Plant & Equipment Division Offices1/1/19511/1/19510RNL2519Steam Plant1/1/19488/23/19630RNL2519New Steam Plant\n.12/1/19780RNL2519Steam PlantC&3\n X-1 0 Building Number and Building Name Listing\naegin DateRef DateBuilding #Building Name1/1/19511/1/19510RNL2520Garage1/1/19511/1/19510RNL2521Sewage Treatment Plant (Under Construct)1/1/19518/23/1.9630RNL2521Sewage Treatment Plant1/1/19511/1/19510RNL2522Fuel Oil Tank12/1/1 9780RNL2522Fuel Oil Tank1/1/19558/23/19630RNL2523Decontamination Laundry12/1/19780RNL2523.Decontamination Laundry .1/1/19578/23/19630RNL2525 .Research Shops ..12/1/1 9780RNL2525Fabrication Department Shops1/1/19598/23/19630RNL2528Low Level Waste Pilot Plant\n.12/1/19780RNL2528Coal Research LaboratoryRadioactive Waste Evaporator Building 12/1/19780RNL253112/1/19780RNL2536Sewage Research Building1/1/19511/1/19510RNL2550 .Paymaster's Booth1/1/19511/1/19510RNL2551 .Millwright Shop1/1/19511/1/i910RNL2552Sheetmetal Storage1/1/19511/1/1951ORNL2553Storage1/1/19511/1/19510RNL2554Emergency Generator.1/1/1 9511/1/19510RNL2555Lead Shop1/1/19511/1/19510RNL2556Warehouse1/1/1 9511/1/1951ORNL2557Instrument Department Maintenance Shops1/1/19511/1/19510RNL2558Fire Equipment Storage1/1/1 9511/1/19510RNL2559Change House (White Men)1/1/19511/1/1951ORNL256OAluminum Storage1/1/19511/1/19510RNL2561Clock Alley .1/1/19511/1/19510RNL2563Storage (Janitors Equipment)1/1/19511/1/19511/1/19511/1/19511/1/19511/1/19510RNL25640RNL25650RNL2566Health Physics StorageReceiving and Shipping WarehouseSterilization House(PotableWaterBottles)1/1/19511/1/19510RNL2567Electric Shop12/1/1 978ORNL2567Craft Support Group Offices1/1/1 9511/1/19510RNL2568Automotive Storage .1/1/1 9511/1/19510RNL2569Spare Parts Storage .1/1/19511/1/19510RNL2570Automotive Stores1/1/19511/1/19511/1/19511/1/19510RNL2572ORN.L2573 .Emergency GeneratorSeptic Tank.1/1/19511/1/19510RNL2574Warehouse1/1/19511/1/19510RNL2575 .Pipe Stores1/1/1 9511/1119510RNL2576Receiving and Shipping Office1/1/19511/1/19510RNL2577Not in Use1/1/19511/1/19510RNL2578Tool Storage1/1/1 9511/1/1951ORNL2579Tool Stores1/1/19511/1/19510RNL2580Riggers Loft1/1/1 9511/1/19510RNL2581Tool Storage1/1/1 9511/1/19510RNL2582Tool Storage1/1/1 9511/111951QRNL2583Tool Storage1/1/1 9511/1/19510RNL2584Equipment Storage1/1/19511/1./19510RNL2585Storage1/1/1 9511/1/19510RNL2586Salvage Yard Office1/1/19511/1/19510RNL2587Storage1/1/19511/1/19510RNL2588Storage\nC6-LL\n X-lO Building Number and Building Name Usting\nBegin Date1/1/1951Ref Date Building #Building Name1/1/19510RNL2590Storage1/1/19511/1/19510RNL2591Storage1/1/19511/1/19510RNL2592Storae1/1/19511/1/19510RNL2593Storage1/1/19511/1/19510RNL2594Storage1/1119511/1/19510RNL2595Storage1/1/19511/1/19510RNL2596Storage1/1/195i1/1/19510RNL2597Storage (Automotive Parts)1/1/1 9511/1/19511/1/19511/1/19510RNL25980RNL2599Storage (Automotive Parts)Auto Parts Storage1/1/19511/1/1951ORNL2600Oil Storage1/1/19511/1/19510RNL2601Storage (Automotive Parts)1/1/19511/1/19510RNL2602Septic Tank.111/19511/1/19510RNL2603Gasoline Station1/1/19511/1/19510RNL2604Outside Oil Storage1/1/19511/1/19510RNL2605Transportation Office1/1 /1 9511/1/1951ORNL26O6Grease Rack1/1/19511/1/19510RNL2607Sentry Post#71/1/19511/1/1950RNL2608Storage1/1/1 9511/1/19510RNL2609Sentry Post #31/1/1 9511/1/1951ORNL26IOMechanical Department Offices1/1/19511/1/1951ORNL26IIShops1/1/1 9511/1/1951ORNL26I2Office (Salvage Yard & Burial Ground)1/1/19511/1/1951ORNL26I3Sentry Post #61/1/19511/1/1951ORNL26I4Storage1/1/19618/23/19630RNL2621Tool Stores12/1/19780RNL2621Tool Stores12/1/1978ORN L2628Fire Protection Maintenance&StorageShOp12/1/1 978ORNL263IMaintenance Equipment Shelter12/1/19780RNL2633Electrical Material Storage12/1/1 9780RNL2634Maintenance Material Storage1/1/1 9511/1/1951ORNL300013.8 kV Substation12/1/1978ORNL300013.8 kV Substation1/1/19511/1/1951ORNL300IPile Building (Graphite Pile)!L1!LIi3ORNL300IPile Building (including Graphite Reactor) -Graphite Reactor 12/1/1978ORNL30011/1/1 9511/1/1951ORNL3002Graphite Pile Air Filter Building12/1/1 978ORNL3002Filter House1/1/1 9511/1/1951ORNL3003Graphite Pile Fan House12/1/1978ORNL3003Solid State Accelerator Facility1/1/1 9511/1/1951ORNL3004Water Demineralization Building12/1/1978ORNL3004Water Demineralizer1/1/1 9511/1/1951ORNL3005Low Intensity Reactor1/1/19528/23/1963ORNL3005LITR (including Reactor)12/1/1978ORN L3005Low-Intensity Testing Reactor1/1/19511/1/1951ORNL3006AreaFldOff, ResShopsSpecialMaterialLabResearch Offices 1/1/1 9511/1/1951ORNL30071/1/1 9511/1/1951ORNL3008Vault (Storage of Precious Metals)1/1/1 9511/1/1951ORNL3009Pump House (for Bldg. 3010)1/1/1 9511/1/1951ORNL3OIOShielding Facilities Building1/1/19608/23/1963ORNL3O1OBSF II (reactor)\nC5-5\n X-10 Building Number and Building Name Listing\nBegin DateRef DateBuilding #Building Name1/1/19518/23/1963ORNL3OIOBulk Shielding Building,.1/1/195112/1/1 9781/1/1951ORNL3OIOORNL3OI IBulk Shielding Reactor FacilitySeptic Tank (for Bldg. 3010)1/1/19511/1/1951ORNL3OI2Roiling Mill (Metallurgy Division)1/1/19478/23/1963ORNL3OI2Rolling Mill12/1/1 978ORNL3OI2Rolling Mill1/1/19511/1/1951ORNL3OI3Source Building12/1/1978ORNL3O 13Environmental Processing Laboratory •01/1/19511/1/1951ORNL3OI4Isolation Building1/1/1 9511/1/1951ORNL3OI5Radio Transmitter Building1/1/19511/1/1951ORNL3OI6Emergency Generator1/1/19528/23/1963ORNL3OI7Reactor School Laboratory12/1/1978ORNL3OI7Environmental Sciences Laboratory .1/1/1 9511/1/1951ORNL3OI8Exhaust Stack (for Bldg. 3003)1/1/1 9511/1/1951ORNL3OI9Pilot Plant1/1/195.18/23/1963ORNL3OI9Addition to Separations Building1/1/19568/23/1963ORNL3OI9High Radiation Level Analytical Facility -1/1/19438/23/1963ORNL3OI9SeparationsBuilding,__________12/1/1978ORNL3OI9-ARadiochemical Processing Pilot Plant12/1/1978ORNL3OI9-BHigh Level Radiation Analytical Lab. (A)1/1/1 9511/1/1951ORNL3O2OExhaust Stack (for Bldg. 3019)1/1 /1 951111/1951ORNL3O2IFan House (N.E. Bldg. 3020)1/1/19511/1/19510RNL3022Training Building (TrainingSchoolOffices,1/1/19438/23/19630RNL3022Training School (demolished by, 1963)1/1/1 9511/1/19510RNL3023North Tank Farm .1/1/1 9511/1/19510RNL3024Research Shop1/1/19478/23/19630RNL3024Research Shop12/1/19780RNL3024Fabrication Dept. -Shop B1/1/1 9511/1/19510RNL3025Physics of Solid States Cell Building1/1/19568/23/19630RNL3025Addition to Solid States Lab1/1/19518/23/19630RNL3025Solid States Lab12/1/19780RNL3025-EPhysical ExaminationHot Cells-A12/1/19780RNL3025-M .Solid State Division Laboratories1/1/19511/1/19510RNL3026ByProductProcessingChemicalSeparationLabBy-ProductProcessBuilding&ChemistrySeparatiOnSLabRadioisotope Development Laboratory-B1/1/19438/23/1963ORNL:c_0RNL3026-C S12/1/19781/1/19458/23/19630RNL3026-DDismantlingCellforPowerReactorDevelopmefltEXPerimenDismantling & Examination Hot Cells .12/1/19780RNL3026-D1/1/19558/23/1963ORNL3027Source and Special Materials Vault1/1/1 9511/1/19510RNL3028Radioisotope Processing Building F.12/1/19780RNL3028Radioisotope Production Laboratory-A1/1/19511/1/19510RNL3029 .Radioisotope Processing Building E1/1/19518/23/19630RNL3029Radioisotope Area12/1/19780RNL3029 .Radioisotope Production Laboratory-B1/1/19511/1/1951ORNL3O3O.Radioisotope Processing Building D1/1/19518/23/1963ORNL3O3ORadioisotope Area12/1/1978ORN L3030Radioisotope Production Laboratory-C1/1/19511/1/1951ORNL3O3IRadioisotope Processing Building C1/1/19518/23/1963ORNL3O3IRadioisotope Area12/1/1978ORNL3O3IRadioisotope Production Laboratory-D.1/1 /1 9511/1/19510RNL3032Radioisotope Processing Building B\nC6-(o\n X-l0 BuildingNumber and Buildirg Name Listing\nBegin Date Ref Date Building # Building Name1/1/19518/23/19630RNL3032,Radioisotope Area . .12/1/19780RNL3032,•Radioisotope Production Laboratory-E1/1/19511/1/19510RNL3033Radioiéotope Processing Building A .1/1/19518/23/19630RNL3033Radioisotope Area\n1/1/1 95112/1/197,81/1/19510RNL30330RNL3034 'Radioisotope Productidn Laboratory-FRadioisotope Service Building..1/1/19518/23196312/1/1 9780RNL30340RNL3034Radioisotope AreaRadioisotope Area Services.1/1/19518/23/19630RNL3035Radioisotope Area.\n•1/1/19511/1/19510RNL3036Decontamination Building1/1/19518/23/19630RNL3036Radioisotope Area.12/1/19780RNL3036Isotope Area Storage&Service Bldg(Temp)\n•1/1/19511/1/1951 0RNL3037 Radioisotope Area Office Building.1/1/19518/23/1963 0RNL3037 Radioisotope Area.\n111/1 95112/1/1 9781/1/19510RNL30370RNL3038Operations Division OfficesRadioisotope Analytical & Packing Bldg.1/1/19518/23/1963 ORNL3O3812/1/1 978 ORNL3O38 ,Radioisotope AreaRadioisotope Laboratory1/1/1 9511/1/19510RNL3039Exhaust Stack (Radioisotope Area)1/1/19511/1/1951ORNL3O4OHousing for Hot Waste Containers\n.1/1/19588/23/196312/1/19780RNL30420RNL3042•ORR (including Reactor)Oak Ridge Research Reactor.1/1/19558/23/19630RNL3044Special MaterlalsMachine Shop12/1/1978ORNL3O44Special Material Machine Shop1/1119638/23/1963ORNL3O47Radioisotope Development Lab.•12/1/1 978ORNL3O47Isotope Technology Building1/1/1 9511/1/1951ORNL3O5OLaboratory Supplies Storage1/1/1 9511/1/1951ORNL3O5IEmergency Generator.\n•1/1/1951 1/1/19511/1/19511/1/19511/1/1 9511/1/1951ORNL3O520RNL3054ORNL3O58Not In UseSentry Post #16BDecontamination Hut (Tools&MachineShOp).\n1/1/1 9511/1/19510RNL3059Storage (for Bldg. 3012)1/1/19511/1/1951ORNL3O6OSentry Post #161/1/19511/1/1951ORNL3O6ISentry Post #13B111/19511/1/19510RNL3063Laboratory1/1/19511/1/1951ORNL3O64Laboratory.1/1/19511/1/19510RNL3065Library Storage1/1/1 9511/1/1951ORNL3O66Emergency Generator1/1 /1 9511/1/19510RNL3067Emergency Generator1/1/1 9511/1/1951ORNL3O7OChemical Separations Storage Gardens .1/1/19511/1/1951ORNL3O7IMachine Shop\n•\n.1/1/1951 8/23/1963 0RNL307412/1/1978 ORNL3O7412/1/1978 ORNL3O8512/1/1 978 0RNL308712/1/1978 ORNL3O9212/1/1978 0RNL309512/1/1978 ORNL31O21/1/1960 8/23/1963 ORNL3IO312/1/1978 ORNL3IO31/1/1961 8/23/1963 ORNL31O4North Field Service ShopInterim Manipulator Repair FacilityPumphouse-ORRHeat Exchanger-ORROff-Gas Facility-4000CFMReactor Area Equipment BuildingHeat Exchanger No.2-ORRCooling Tower (increase ORR power to 30MW)Cooling Tower No. 3-ORRReactor Services Field Shop\n X-10 Building Numberand Building Name Listing\neginDateIRefDate Building# Building Namet]_____12/1/1978 ORNL3IO4 West Research Service Center____12/111978 ORNL3IO6 Cell Ventilation Filters-4501 4505,4507_______12/1/1978 ORNL3I 10 CellVentilatiOfl Filters-Radioisotope Ar______12/111978ORNL3114 ShockTubeLaboratOly________fJiIl978 ORNL3II5 Solid State Offices1/1/1951 1/1/1951 ORNL3500Instrument Laboratory. _________...._1/1/1960 8/23/1963 ORNL3500 Addition to Instrument Lab1/lI1951 8/23/1963 ORNL3500 Instrument Lab________12/1/1978 ORNL3500 Instrumentation and Controls1/1/1 9511/1/1951 ORNL35OI. Sewage Pumping Station1/1119511/1/1951 0RNL3502 Solvent Operations Office_________12/1/1978 0RNL3502 East Research Service Center1/1/19511/1/1951 0RNL3503 Solvent Operations1/1/1948 8/23/1963 0RNL3503 High Radiation Level Chemistry Lab________12/1/1978 0RNL3503 High Rad. Level Chem. Eng. Lab.1/1/19511/1/1951 0RNL3504 Waste Research Building (Proposed)1/1/1951 8/23/1963 0RNL3504 Health Physics Waste Research Laboratory_________12/1/1978 0RNL3504 Environmental Sciences Div. Annex-B1/1/19511/1/1951 0RNL3505 Metal Recovery Building1/1/1951 8/23/1963 0RNL3505 Reactor Fuels Processing Plant_________12/1/1 978 0RNL3505 Fission Product Development Lab. Annex1/1/1951 1/1/1951 0RNL3506 Chemical Evaporator Building________12/1/1978 0RNL3506 Radioisotope Production Laboratory-G1/1/1951 1/1/1951 0RNL3507 South Tank Farm1/1/1951 8/23/1963 0RNL3508 Chemical Technology Alpha Laboratory_________12/1/1978 0RNL3508 Chemical Technology Alpha Lab.i/1/1 951 1/1/1951 0RNL3509 Solvent Operations Waste Transfer1/1/1 951 1/1/1951 ORNL35IO. East Pond1/1/19511/1/1951 ORNL35II West Pond/1/1951 1/1/1951 0RNL3512 Retention Pond1/1/1951 1/1/1951 0RNL3513 Settling Basin1/1/1951 1/1/1951 0RNL3514 Incinerator1/1/19511/1/1951 0RNL3515 Waste Radioisotope Processing\n• 1/1/1 958\n1/1/1 95712/1 /1 9788/23/1 96312/1/19788/23/1963ORNL35I 5ORNL35I 70RNL3517ORNL35I 812/1/1978 0RNL3518i7T/1 978 0RNL35231/1/1 9630RNL35258/23/196312/1/1978Tiiii918ORNL3525ORNL353412/1/1 978 0RNL353712/1/1978 0RNL354412/111978 0RNL35461/1/1951 1/1/19518/23/1963_________12/1/19781/1/19511/1/19511/1/19511/1/19511/1/1951 1/1/1951Fission Product Pilot PlantFission Product Development LabFission Product Development Lab.Process Waste Treatment PlantProcess Waste Water Treatment PlantControls ResearchHighRadiationLevelEXami nationLabHigh Rad Level Examination Lab.Liquid Metal Cleaning FacilityHydrogen and Oxygen Distribution StationProcess Waste Treatment PlantModular Office Building for l&CChemistry LaboratoryChemistry LaboratoryResearch Laboratory AnnexChemistry Division Machine ShopEmergency GeneratorOffice0RNL35500RNL3550ORN L35500RNL35510RNL35520RNL3553\n X-10 Building Number and Building Name Listing\nBegin Date Ref Date Building # Building Name1/ill 95 1/1/1 951ORNL3554 Officei/1/1951 1/1/1951 0RNL3555 Office1/1/19511/1/19510RNL3556OFFICE1/1/19511/1/19510RNL3557Equipment Storage1/1/19511/1/19510RNL3558Equipment Storage1/1/1 9511/1/1951ORNt3559Chemistry Library Storage1/1/19511/1/49510RNL3560Equipment Storage1/1/19511/1/19510RNL3561Equipment Storage1/1119511/1/19510RNL3562Equipment Storage1/1/19511/1/19510RNL3563Chemistry Library Storage1/1/19511/1/1951ORNL3564Storage Garden1/1 /1 9511/1/1951ORNL3567Solvent Operations Spare Parts1/1/19511/1/1 951ORNL3568Analytical Laboratory Storage1/1/19511/1/19510RNL3569Chemicals Storage1/1/19511/1/1 9511/1/19511/1/19510RNL3570Sentry Post #13F0RNL3571Change House (Colored Men)1/1/19511/1/19510RNL3572Solvent Storage\n—1/1/19511/1/19510RNL3573Maintenance ShopMaintenance ShopOxygen ard Acetylene Storage1/1/19511/1/1951ORNL35741/1/1 9511/1/19510RNL35751/1/1951-1/1/1950RNL3577—Stora9e(T.V.A.)1/1/19511/1/1951ORNL3578Shelter for lcinerator Attendants1/1/19511/1/1951ORNL579-Emergency Generator —_______Septic Tank 1/1/19511/1/I 9510RNL3580-1/1/19511/1/1951ORNL3581Solvent Operations Solvent StorageSóivént Storage•1211/1978ORNL358I1/1/19511/1/1951ORNL552Labc Department Office1/1/1511/1/19510RNL3583Temporary Office (for Bldg. 3505)•1/1/1 9511/1/19510RNL3584Solvent Operations Contaminated Storage1211/19780RNL3584Contaminated Materials Storage1/1/19511/1/19510RNL3585Sentry Post #131211/19780RNL3587lnztrument Laboratory Annex1/1/19528/23/19630RNL3592Unit Operations Volatility Lab1211/1 9780RNL3592Unit Operations Volatility Laboratory.1211/1 9780RNL3603Environmental Study Center1/1/19511/1/1951ORNL400013.8 kV Substation (Proposed)1211/1 978ORNL400013.8 kV Substation1/111 9511/1/1 951ORNL4O5OField Office1/1/1 9511/1/1 951 ORNL4500 Research Laboratory (Under Construction)1/1/19608/231196310RNL4500N 4500N-Wing 5-Administration1/1/19518/23/1963ORNL4500NCentral Research Building12/1/1 978ORNL4500NCentral Research and Administration1/1119628/23/1963ORNL4SOOSCentralResBldgAddit;on(w/comp house & cooling twr1211/1 978ORNL4500SCentral Research and Administration1/1/19511/1/1951ORNL45O1lsotopeDevelopment&UnitOperàtions(UnderCHigh Level Radiochemical Lab 1/1/19518/23/1963ORNL45O112/1/1978CRNL45O1High-Level Radiochemical Lab.1/1/19511/1/19510RNL4502Portal Building (Proposed)1/1/19511/1/19510RNL4503Van de Graaff Building (Proposed)1/1/19511/1/1951 0RNL4504 Cooling Towers (Under Contract)12/1/1 978_0RNL4505 Experimental_Engineering\n X-10 Building Number and Building Name Usting\nBegin DateRef Date Building #Building Name1/1/19581/1/1962I8/23/1963 0RNL4507 HighRadiationLevelChemiCalDeVeloPmefltLab12/1/197810RNL4507 High-Radiation-Level Chem Develop Lab8/23/196310RNL4508 Metals and Ceramics Building12/1/1978ORNL4508 Metals and Ceramics Lab1211/19780RNL4509Compressor House for450012/1/1978ORNL45 10Cooling Tower for 450012/1119781/1/19511211/1978ORNL451ICooling Tower for 4508ORNLSOOIPlant Wide Electrical DistributionORNL5000Main Portal1/1/1951ORNL5O1-H154 kV Substation1/1/1951ORNL5O2 #1Emergency Generator1/1/1951ORNL5O2 #2Emergency Generator1/1/1951ORNLSO2 #3Emergency Generator1/1/19511/1/19511/1/19511/1/1951ORNL5O2 #3AORNL5O2 #4ORNL5O2 #5ORNL5O2Emergency GeneratorEmergency GeneratorEmergency GeneratorEmergency Generator111/19511/1/19511/1/1951-1/1/1951ORNL5O2 #7ORNLSO2#8ORNL5O2#9ORNL5O3—Emergency GeneratorEmergency GeneratorEmergencyGenerator —________Gamewall Fire Alarm System\n1/1/19631/1/19521/1/1951 ORNL5O4—8/23/1963 ORN L55008/23/1963 ORNL550012/1/1978 ORN L550012/1/1 978 0RNL550512/1/1978 0RNL550712/1/1978 0RNL5554Auto-call SystemAddition( I OMevTandemVandeGraaffAcCeleratOr)High Voltage LabHigh-Voltage \\ccelerato LaboratoryTransuranium Research LaboratoryElectron Spectrometer FacilityElectrical Substation for Bldg 5505'\n1/1/1963 8/23/1963 ORN L6000 OakRidgeRelativisticlSOChrOflOUSCYClOtrOfl12/1/1978 ORN L6000 OakRidgelsochronousuyClOtrofl(ORIC)&HOlif12/1/1978 ORNL600I Cooling Tower for Bldg. 600012/1/1978ORNL6002AOak Ridge Linear Accelerator OfficeAnnex12/1/1978 ORNL6002B Oak Ridge Linear Accelerator OfficeAnnex12/1/1978 ORNL6003 Modular Building for Offices12/1/1978ORNL6O05_____ Gas Compressor House for Bldg 6000—_____12/1/1978 ORN L60 10 OakRtdgeElectronLInearAccelerator(ORELA)12/1/1978 0RNL6025 Neutron Physics Office-Lab Building1/1/1951 ORNL6O3Roads and Walkways - Topography1/1/1951 ORNL6O4Truck Scales1/1/1951 ORNL6O5 Fences1/1/1951 ORNL6O6-A Burial Ground #11/1/1951 ORNL6O6-BBurial Ground #21/1/1951 ORNL6O6-CBurial Ground #31/1/1951 ORNL614-6 Portal Building (Proposed)1/1/1951 ORNL614-7 Portal Building (Proposed)1/1/1951 0RNL625-CSepticTank1/1/1951 0RNL625-DSeptic Tank1/1/1951 0RNL625-ESeptic Tank1/1/1951 0RNL625-FSeptic Tank1/1/1951 0RNL626-BIncinerator1/1/1951 0RNL634U.S. Weather BureauC-(O\n X-10 Building Number and Building Name Listing\nFegin Date Ref Date Building#Building Name12/1/1978 ORNL7000 Septic Tank1/1/1951 8/23/1963 ORNL700I General Stores (former constrUction headquarters)12/1/1 978 ORNL7001 General Stores '1/1/19518/23/1963 ORNL700212/1/1 978 ORNL700212/1/1978 ORNL700312/1/1 978 0RNL700512/1/1978 ORNL700612/1/1 978 ORNL700712/1/1 978 ORNL70091/1/1951 ORNL7OI-AGarage & Utility Shop (former constructionGarage and Utility ShopWelding and Brazing ShopLead ShopPaint StoresPaint ShopCarpenter ShopClock Alley (Sentry Post#4),'\n.•\n1/1/1951ORNL7OI-BHSentry Post#111/1/19511/1/19511/1/19511/1/19511/1/19511/1/19511/1/19511/1/19511/1/19511/1/1951ORNL7O1-CORNL7OI-DORNL7OI-EORNL7QI-FORNL7OI-GORNL7OI-HORNL7O1-KORNL7O1-LORNL7OI-MORNL7OI-PClock AlleySentry Post #16BSentry Post #2Sentry Post #12Sentry Post #6Sentry Post #2B________________________________Sentry Post#16Sentry Post#11CNotin UseSentry Post #13F,\n1/1/19531/1/1951ORNL7OI-QSentry Post#13B12/1/19788/23/1963ORNL7OIOORNL7OI2Dry Lumber StorageCentral Machine Shop.1211/1978ORNL7OI2Central Mechanical Shors12/1/1978ORNL7OI3Acid, Chemical, Flammable Liquid Storage1/1/19598/23/1963ORNL7OI8Salvage Yard Facility12/1/19781/1/1951ORNL7OI8ORNL7O3-AAnnexAdministration Building -__________1/1/1951 ORNL7O3-A ANNE Administration Building1/1/1951 ORNL7O3-B SEE 2557, 2610, 26111/1/1951 ORNL7O3-C Administration and Engineering Bldg1/1/1951 ORNL7O4-A Temporary Office (for Bldg. 3505)1/1/1951 ORNL7O5 Accelerator_Buildinq1/1/1951 ORNL7O6-A Chemistry Laboratory1/1/1951 ORNL7O6-A1Office1/1/1951 ORNL7O6-A2Office1/1/1951 ORNL7O6-A3Office1/1/1951 ORNL7O6-A4OFFICE1/1/1951 ORNL7O6-AB Oxygen and Acetylene Storage1/1/1951 ORNL7O6-AC I Equipment Storage1/1/1951 ORNL7O6-AC2 Equipment Storage1/1/1951 ORNL7O6-AC3 Chemistry Library Storage1/1/1951 ORNL7O6-AC4 Equipment Storage1/1/1951 ORNL7O6-AC5 Equipment Storage1/1/1951 ORNL706-AC6 Equipment Storage1/1/1951 ORNL7O6-AD Storage Garden1/1/1951 ORNL7O6-AE Solvent Operations Spare Parts1/1/1951 ORNL7O6-AF Chemistry Library Storage1/1/1951 ORNL7O6-B Physics LaboratorycS-U\n X-1O Building Number and Buildin Name Listing\n'Begin DateRef Date Building # Building Name1/1/1951 ORNL7O6-B4 Storage (Chemicals & Chemical Equipment)1/1/1951 ORNL7O6-BB Storage (Chemicals & Chemical Equipment)1/1951 ORNL7O6-BCStorage (Chemicals & Chemical Equipment)1/1/1951 ORN L706-C ByproductProcessingChem.SeP. Lab1/1/1951 ORNL7O6-CA Chemical Separations Storage Gardens1/1/1951 ORNL7O6-D ByProductProbessingChem.Sep.Lab1/1/1951 ORNL7O6-F Analytical_Laboratory_Storage1/1/1951 ORNL7O6-G Source Building1/1/1951ORNL7O6-HBSolvent_Operations1/1/1951ORNL7O6-HCSolvent Operations Waste Transfer1/1/1951ORNL7O6-HDSolvent Operations_Office1/1/1951ORNL7O6-JLibrary Storage1/1/1951ORNL7O7-AChange House (Colored Men)1/1/1951ORNL7O7-BChange House (Colored Women)1/1/19511/1/1951ORNL7O7-DChange House (White Men)ORNL7O7-E:Change House (Colored Men)1/1/1951ORNL7O7-FStorage (Janitors Equipment)1211/1978ORNL7O7OStorage Shed1/1/1951ORNL7O8Reactor Sôhool-________________________1/1/1951ORNL7O8-DOffice (Salvage Yard & Buri Ground) -— —_______1/1/1951ORNL71O-AShelter for icinerator Attendants\nI1/1/19511/1/19511/1/1951ORNL71O-BPaymaster Booth0RNL713-AGeneral StoresORNL7I3-AE[Storage (Chemicals & Chemical Equipment)1/1/1951ORNL7I3-AFPickling and Ladder Dipping Vats1/1/1951ORNL7I3-AGPipe Cutting Shop —___________1/1/19511/1/1951ORNL7I3-BWarehouseORNL7I3-CElectric ShopORNL7I3-DDLumber & Spare Parts, Cylinder Storage 1/1/19511/1/1951ORNL7I3-EIReceiving and Shipping Warehouse1/1/1951ORNL7I 3-EEAcid Storage1/1/19511/1/19511/1/1951ORNL713-FPipe StoresORNL7I 3-GAutomotive StorageORNL7I 3-GAAutomotive Stores1/1 /1 951 ORNL71 3-H1/1/1951 ORNL713-JStorageStorage1/1/1951ORNL7I3-LStatiOnary Storage (Bethel Church)1/1/19511/1/1951ORNL713-MChemicals StorageORNL7I3-OAluminum Storage1/1/1951ORNL7I3-PWarehouse1/1/1951ORNL713-QSolvent Storage1/1/1951ORNL713-RSpare Parts Storage1/1/1951ORNL713-SOil Storage1/1/1951ORNL7 1 3-TSolvent Storage1/1/1951ORNL713-UASEE 3581, 35841/1/1951ORNL713-VOutside Oil Storage1/1/1951ORNL713-WNot In Use1/1/1951ORNL713-XHealth Physics Storage1/1/1951ORNL713-YStorage (for Bldg. 3012)1/1/1951ORNL715Flag Pole1/1/1951ORNL717-ACentral ShopsCs- J.\n X-10 Building Number and Building Name Listing\nBeginDate iRef Date Building #Building Name__________1/1/1951 ORNL7I7-BTool and Pipe Stores, Timekeepers1/1/1951ORNL7I7-BAStorage1/1/1951ORNL717-BBResearch Shop1/1/1951ORNL71 7-CCarpenter Shop1/1/1951ORNL717-DPaint Shop\n,1/1/1951ORNL7I7-ETool Stores ,1/1/1951ORNL717-EAStorage1/1/1951ORNL717-EBStorage1/1/1951ORNL7I7-ECTool Storage '\n'1/1/1951ORNL7I7-EDStorage•1/1/1951ORNL7I7-EEStorage1/1/1951ORNL717-EFPaint Storage1/1/1951ORNL717-EGStorage1/1/1951ORNL717-EHStorage1/1/1951ORNL7I7-ElStorage1/1/1951ORNL717-EJStorage '1/1/1951ORNL7I7-FReceiving and Shipping Office1/1/1951ORNL717-GTransportation Office1/1/1951ORNL717-HTool Storage111/1951ORNL717-HATool StorageTool Storage 1/1/1951ORNL7I7-HB1/1/1951ORNL7I7-ILead Shop1/1/1951ORNL7I7-JMillwright Shop1/1/1951ORNL717-KSheetmetal Storage1/1/1951ORNL7I7-LRigg€s Loft1/1/1951ORNL717-NSalvage Yard Office1/1/1951ORNL7I7-PChemistry Division Machine Shop1/1/1951ORNL717-QMaintenance Shop1/1/1951ORNL7I7-QAMaintenance Shop1/1/1951ORNL7I 7-REquipment Storage1/1/1951ORNL7I7-TStorage1/1/1951ORNL71 7-USterilization House(PotableWaterBottles)1/1/1951ORNL7I9-ASEE 2012, 20131/1/1951ORNL719-BUrine Analysis Laboratory1/1/1951ORNL72OGuard Headquarters and Fire Headquarters1/1/1951ORNL72O-AFire Equipment Storage1/1/1951ORNL72IRadio Transmitter Building1/1/19510RNL723Laundry1/1/19510RNL723-AChecking Room (for Bldg. 2515)1/1/19510RNL723-BSewing Room (for Bldg. 2515)1/1/19510RNL724-BGasoline Station1/1/1951ORNL725Garage1/1/19510RNL725-AGrease Rack1/1/1951ORNL725-BStorage (Automotive Parts)1/1/19510RNL725-CStorage (Automotive Parts)1/1/19510RNL725-DStorage (Automotive Parts)1/1/19510RNL725-EAuto Parts Storage1/1/19510RNL735-ASafety Department1/1/19510RNL735-BTraining Building (TrainingSchoolOffices1/1/19511/1/19510RNL745-A0RNL745-BPistol RangePistolC5- (3\n X-10 Building Number and Building Name Listing\nBegin Date Ref Date Building # Building Name1/1/1951 ORNL9O5 Radioisotope Processing Building A1/1/1951 ORNL9O6 Radioisotope Processing Building Bj1/1/1951jORNL9O7 Radioisotope Processing Building C1/1/195110RN.L908 Radioisotope Processing Building D1/1/1951 ORNL9O9 Radioisotope Processing Building E1/1/1951 ORNL91O Radioisotope Processing Building F1211/1978 ORNL91O2-1 Eng. Tech. Reports Office (at Y-1 2)12/1/1978 ORNL91O2-2 Eng._Tech._Offices_(atY-12)12/1/1978 ORNL91O4-1 Eng._Tech._Offices_(atY-12)12/1/1978 ORNL91O4-2 ComputerSciences for FusionEnergy (Y-12)12/1/1978 ORN L9 104-3 FusionEnergyCommunicatiOnsCtr./Eflg. (Y-1 212/1/1 978 ORNL91O5 Engineering_Offices_(at_'(-12)1/1/1951ORNL911Exhaust Stack (Radioisotope Area)1/1/1951ORNL912Housing for Hot Waste Containers1/1/19628/23/1963ORNL92O1-2Project Sherwood Relocation1/1/19518/23/1963ORN L9201 -2Thermonuclear (Y-1 2 transfer)12/1/1978ORN L9201 -2FusionEriergyAdmin.&ReséarchBldg. (Y-1 2)1/1/19508/23/1963ORN L920 1-3Reactoroesign&EnginéerDevelopment (Y-1 2 transfer)12/1/1978ORNL92O1-3Eng.Tech.Admin.&Research8ldg. (at '(-12)1/1/19508/23/19630RNL9204-1Reactor Experimental Engineering ('(-12 transfer)\n1/1/195112/1/1978ORNL92O4-1Eng.Tech./FusionEnergyOffice&Lah. ('(-12)8/23/1963ORNL92O4-3Electronuclear(Y-12 transfer)1/1/19618/23/196312/1/19780RNL9204-3Expansion of Stable Isotope Production FacilitiesORNL92O4-3Isotope Separations (atY-12)1/1/1951--1/1/19510RNL9207Biology Laboratory—______________________________1/1/19628/23/1963ORNL92O7BiologyAdditions-Biochemistry Lab1/1/19631/1/19618/23/1963 0RNL9207 BiologyAdditions-CeD Physiology Lab8/23/1963 0RNL9207 BiologyAdditions-ChemicalProtectiOfl&lmmunogenetic8/23/1963 0RNL9207 BiologyAdditions-LowLevelRadiationExperimefltal Fac8/23/1963 LORNL92O7 BiologyAdditions-MammalianRadiatiOfll njury&Protecti8/23/1963' ORN L9207 BiologyAdditions-Pathology&PhysiolgyLab8/23/1963 0RNL9207 .BiologyResearchFacilities (taken from Y12)1/1/19621/1/19601/1/19621/1/194712/1/1 9780RNL9207Biology Admin and Research Bldg.(Y-12)1/1/1 9511/1/1951QRNL92O8Shops (Not in Use)12/1/19780RNL9208Biolocy Research Lab. (at '(-12)Animal Farm 1/1/19511/1/1951ORNL921O1/1/19478/23/1963ORNL921OBiologyResearchFacilities (taken from '(-12)1/1/19638/23/1963ORNL921OMammalian Genetics Lab12/1/1978ORNL921OBiology Research Lab. (atY-12)12/1/1978ORNL92IIBiology Research Lab. (atY-12)1/1/19508/23/1963ORNL92I3Criticality Lab (Y-12 transfer)12/1/1978ORNL922OVirus Control Lab. (at '(-12)12/1/1978ORNL9224Biology Research Lab. (atY-12)1/1/1 9511/1/19510RNL9409-19Cooling Towers1/1/19511/1/19510RNL9621Acid Reclaiming1/1/19508/23/19630RNL9704-1Reactor Division Offices (Y-12 transfer)12/1 /1 978 0RNL9704-1 Computer Sciences for Biology (at '(-12)12/1/1978 ORNL971 1-1 '(-12 Tech.LibraryNucl.Safetylnfo.OffiCe1/1/19511/1/19518/23/1963 ORNL971I-4 Technical Library - Ecology Lab (Y-12 transfer)1/1/1951 0RNL9723-22 Biology Laboratory1/1/19511/1/19510RNL9723-23Present Shop\nC5- IS\n X-1O Building Number and Building Name Listing\nBegin Date Ref DateBuilding #Building Name1/1/195118/23/19630RNL973 IStable Isotope Separations (Y-1 2 transfer)1/1/1951 L1/1/19518/23l1963ORNL97348l23/1963ORNL9735Spectroscopy Research Lab (Y-12 transfer)Mass Spectrometer Lab (Y-12 transfer)12/1/19780RNL9735Mass Spectrometiy Lab. (at Y-1 2)1/1/1 9511/1/19510RNL9743-2Patrol Headquarters1211/19780RNL9743-2Animal Facility (atY-12).1211/19780RNL9764Nuclear Safety Information Center (Y12)1/1/19518/23/19630RNL9766Ceramic Lab - Photographic Lab (Y-12 transfer)1/1/1 9511/1/19510RNL9768Stack for Bldg. 97691/1/19511/1/19510RNL9769Old Incinerator1211/19780RNL9769Biology Research Lab. (at Y-12)1/1/19511/1/19510RNL9770-1Pump House1/1/19511/1/19510RNL9770-2Pump House1/1/1 9511/1/19510RNL9770-3Pump House1/1/1 9511/1/19510RNL9770-4Pump House1/1/19511/1/19510RNL9929-1Warehouse1/1/19511/1/19510RNL9929-2Warehouse1/1/19511/1/19510RNL9929-3Warehouse1/1/19511/1/19510RNL9966Warehouse1/1/19511/1/1951CaRNL9982Head House (Includes Greenhouses)\n1/1 /1 95112il/978ORNL9982Greenhouse (atY-12) —_____1/1/19510RNL9986Rabbit Hutch8/23/1963ORNLCHEMChemistry Division8/23/1 963ORNLFUSFusion Research8/23/1 963ORNLMEDMedical Division8/23/1 963ORNLMETALMetallurgy—.8/23/1963ORNLPHYSPhyss Research ar.d Development8/23/1 963ORNLRADISORadioisotope Division8/23/1 963ORNLSEPSeparatcns Development Division8/23/1963 ORNLSSTATE Solid St:te Physics1/1/1951 ORNLY-12SEE811 3140 9207 9208 9210 9621 9723-22\nC-I(o\n Appendix D\n D-1Y-12 H&S Report AirSamplingSummary\n Y-12 IH/HP Report Summary Results \nTrichloroethylene, Air \nYear 0uarter Max Allowable \nConcentrations Ty! p!J a r of \nSamples %>MPL Comment \n1954 1 200ppm - Operational 9212 3 33 \n1954 2 200ppm Operational 9212 2 50 \n1954 2 200ppm Operational 9204-4 4 0 - \n— 1954 4 200ppm Operational 9212 20 0 \n1955 1 — - 200ppm Operational 9212 75 0 \n1955 1 — 200ppm Operational 9204-4 24 — 0 \n— 1955 2 200ppm — Operational 9204-4 0 0 - \n1956 1 200ppm. 22 0 - — \n1956 \n1956 2 200ppm 194 40 - \n3 200ppm 14 0 \n1956 4 200ppm 52 17 - \n1957 \n1957 1 \n2 200ppm \n200ppm 41 \n343 17 \n18.4 \n1957 3 200ppm 0 0 \n1957 4 200ppm 0 0 \n1959 3 200ppm 0 0 \n1959 4 200ppm — 10 0 \n1960 1 200ppm 32 — 9.4 \n1960 2 200ppm 11 0 \n1960 3 200ppm 0 o- - \n Y-12 IH/HP Report Summary Results \nPerchioroethylene, Air \n- Year Quarter Mx Allowable Type of Sample Location Number of % > MPL Comment \nConcentrations Samples - \n1956 \n1956 \n1956 1 \n2 \n3 200ppm 31 0 \n200ppm \n200ppm 37 \n28 4 \n3 \n1956 4 200ppm 19 16 \n1957 1 200ppm 27 26 \n1957 2 200ppm 235 6.4 \n1957 3 200ppm 422 19.9 \n1957 4 200ppm 232 2.5 \n1958 1 200ppm 189 14.8 \n1958 \n1958 2 \n3 200pprn \n200ppm 118 \n73 29.6 \n8.2 \n1958 4 200ppm 89 9 \n1959 1 200ppm 47 14.9 \n1959 \n1959 2 \n3 200ppm \n200ppm 44 \n18 205 \n22.2 \n1959 4 200ppm 57 31.6 \n1960 1 200ppm 85 \n— 52 16.5 \n21.15 1960 2 200ppm \n1960 \n1960 3 200ppm 167 14.37 \n4 200ppm - 49 14.29 \n1961 — 1 200ppm 41 7.3 \n1961 2 200ppm . 17 17.6 \n1961 \n1961 3 200ppm 82 5 no. aboveMAC \n4 lOOppm 293 4 no. above MAC \n1962 1 lOOppm 233 25 no. aboveMAC \n1962 2 lOOppm 10 5 no. above MAC \n1962 3 1 Ooppm 42 - 3 no. above MAC \n1962 4 lOOppm 113 12 no. above MAC \n1963 1 lOOppm 261 53 no. aboveMAC \n Y-12 IH/HP Report Summary Results \nLead, Air \nYear Quarter Max Allowable Number of % > MPL Comment \nConcentrations Samples \n1956 \n1956 \n1957 \n1957 3 .l5mg/M3 6 0 \n4 \n1 \n2 .l5mgIM3 \n.l5mgIM3 \n.l5mgIM3 0 \n8 \n20 0 \n0 \n1957 \n1957 \n1958 3 .2OmgIM3 33 24.2 \n4 \n1 .2OmgIM3 \n200ugIM3 86 \n11 2.3 \n0 \n1958 2 200ug/M3 100 12 \n1958 3 200ug/M3 5 0 \n1958 4 200ugIM3 12 41.7 \n1 959 1 200ug/M3 0 0 \n1 959 2 200ug/M3 32 0 \n1959 3 200ug/M3 13 0 \n1959 4 200ug/M3 0 0 \n Y-12 IH/HP Report Summary Results \nCyanide, Air \nYear Quarter Max Allowable Type of Sample Location Number of %> MPL Comment \nConcentrations Samples \n1953 1 5.Omg/M3 Operational Y-12 4 0 \n1955 1 5.OmgIM3 Operational 9212 0 \n1955 2 5.Omg/M3 Operational 9212 0 0 \n1955 3 50mg/M3 Operational 9212 20 0 \n1955 4 5.Omg/M3 General Air 9212 15 0 \n1955 4 5.OmgIM3 Breathing Zone 9212 15 0 \n1956 1 loppm 41 0 HydrogenCyanide \n1956 2 10 ppm 51 0 Hydrogen_Cyanide \n1956 3 10 ppm 34 0 Hydrogen Cyanide \n1956 \n1957 4 \n1 10 ppm \n10 ppm 61 \n23 0 \n0 Hydrogen Cyanide \nHydrogen Cyanide \n1957 2 10 ppm 13 - 0 Hydrogen Cyanide \n1957 3 10 ppm 0 0 Hydrogen Cyanide \n1957 4 10 ppm 36 0 Hydrogen Cyanide \n1958 1 10 ppm 30 0 Hydrogen Cyanide \n1958 2 10 ppm — 32 0 Hydrogen Cyanide — \n1958 3 10 ppm 22 0 Hydrogen Cyanide \n1958 4 10 ppm 29 0 Hydrogen Cyanide \n1959 1 10 ppm :_______ 22__ 0 Hydrogen Cyanide \n1959 2 10 ppm 12 0 Hydrogen Cyanide \n1959 \n1959 3 10 ppm 30 0 Cyanide \n4 10 ppm 56 0 Hydrogen Cyanide - \n1960 1 10 ppm 42 — 0 Hydrogen Cyanide \n1960 2 - 10 ppm 48 0 Hydrogen Cyanide \n1960 \n1960 3 —- \n4 — 10 ppm \n10 ppm — 14 \n0 0 Hydrogen Cyanide \n0 Hydrogen Cyanide \n1961 1 10 ppm —___________ 16 0 Hydrogen Cyanide \n1961 2 10 ppm 16 0 Hydrogen Cyanide \n1961 3 10 ppm 16 0 Hydrogen Cyanide \n1961 4 10 ppm . . 93 0 Hydrogen Cyanide \n1962 1 10 ppm 49 1 obtained during controlled exp. \n1962 2 10 ppm 0 0 Hydrogen Cyanide \n1962 3 10 ppm 11 0 Hydrogen Cyanide \n Y-12 IH/HP Report Summary Results \nCyanide, Air \nYear Quarter j Max Allowable Type of Sample Location NumberJ % > MPL Comment \nConcentrations Samples \n1962 4 10 ppm 43 \n80 0 Hydrogen Cyanide — \n1963 1 10 ppm 0 Hydrogen Cyanide \n Y-12 IH/HP Report Summary Results \nFluoride, Air \nYear Quarter Max Allowable \nConcentrations Type of Sample \n_____________ Location Number of \nSamples %> MPL Comment \n1953 \n1954 \n1954 2 \n1 \n2 2.5mgIM3 Operational Y-12 8 0 \n25mgIM3 \n2.5mgIM3 Operational \nOperational 9201-3 \n9201-3 12 59 \n1954 4 2.5mgIM3 Operational 9766 4 0 \n1955 1 Operational Stack 0 \n1955 1 2.5mg/M3 Operational Outside 11 0 \n1955 2 Operational Stack 0 - 0 \n1955 2 2.5mg/M3 Operational Outside 0 0 \n1955 3 2.5mg/M3 Breathing Zone 9211 0 \n1956 1 2.5mg/M3 9 0 dust \n1956 2 2.5mgJM3 0 dust \n1956 3 2.5mg/M3 0 0 dust \n1956 4 2.5mg/M3 6 0 dust \n Y-12 IH/HP Report Summary Results \nCadmium, Air \nYear Quarter Max Allowable Type of Sample Location Number of % > MPL Comment \nConcentrations Samples \n1954 4 .lmg/M3 Operational 9212 12 0 \n1955 1 .lmg/M3 Operational 9212 12 0 \n1955 — 2 — .lmg/M3 Operational 9212 0 0 \n1955 4 .lmg/M3 Breathing Zone 9212 15 4 \n1956 1 lOOugIM3 14 28 \n1956 \n1956 2 \n3 lOOugIM3 \nlOOug/M3 0 \n20 10 \n1956 4 lOOug/M3 26 0 \n1957 1 lOOug/M3 21 24 \n1957 2 lOOug/M3 6 0 \n1957 3 lOOug/M3 28 28.6 \n1957 4 lOOug/M3 —__________ - 0 0 \n Year \n1953 Y-12 IH/HP Report Summary Results \nSilica, Air \nQuarter \n2 Max Allowable Type of \nConcentrations \n5mppci Operational SamplelLocation Number of \nSamples \nY-12 10 % > MPL Comment \n100 \n Y-12 lH/HP Repon ummary Results \nPlutonium, Air \nYear Quarter Max Allowable Type of Sample Location Number of % > MPL Comment \nConcentrations Samples \n1954 4 9d/m/M3 General Air 9205 150 1 \n1955 1 9d/m/M3 General Air 9205 165 0 \n1955 2 9d/m/M3 General Air 9205 60 <1 \n1955 3 9d/m/M3 Operational - 9205 0 \n1955 3 9d/m/M3 General Air 9995 100 1 \n1955 3 9d/m/M3 Operational 9995 25 8 \n1955 4 6.3x10-5ug/M3 General Air 9995 130 0 \n1955 4 6.3x10-5ug/M3 Operational 9995 0 \n Y-12 IH/HP Report Summary Results \nLithium, Air \nYear Quarter Max Allowable Type of Samç Location Number of % > MPL Comment - \nConcentrations Samples - - \n1953 4 General Air 9204-4 10 \n1954 1 35ug1M3 General Air 9204-4 7 14 MPL Based on Irritation Level \n1954 2 35ug/M3 General Air 9704-4 101 70 MPL Based on Irritation Level \n1954 4 35ug/M3 General Air Y-12 5 0 MPL Based on Irritation Level \n1955 1 35ug/M3 Operational 9204-2 5 0 MPL Based on Irritation Level \n1955 2 35ug/M3 Operational 9204-2 135 29 MPL Based on Irritation Level \n1955 3 35ug/M3 Operational Areas 50 0 MPL Based on Irritation Level \n1955 4 35ug/M3 Stack Alloy Areas 50 0 MPL Based on Irritation Level \n1955 4 35ug/M3 Outdoors Y-12 3 0 MPL Based on Irritation Level \n1956 1 35ug/M3 7 28 MPL Based on Irritation Level \n1956 2 35ug/M3 0 MPL Based on Irritation Level \n Y-12 IH/HP Report Summary Results \nBeryllium, Air \nYear Quarter Max Allowable Type of Sampi \nConcentrations Location Number of % > MPL Comment — \n. Samples \n1952 \n1952 \n1952 2.Oug/M3 \n2.OugIM3 80 \n87 \n64 6 \n1 \n0 2.Oug/M3 \n1952 \n1953 1 2.Oug/M3 \n2 Oug/M3 Operational Y-12____ 71 \n27 4 \n7 \n1953 \n1953 \n1953 1 2 Oug/M3 General Air Y-12 458 0 \n2 2 Oug/M3 Operational Y-12 16 0 \n3 2.Oug/M3 Operational Y-12 35 <1 \n1953 3 2.Oug/M3 General Air Y-12 88 0 - \n1953 4 2.Oug/M3 General Air 9766 141 0 : \n1953 4 2.Oug/M3 Operational 9766 30 - 0 \n1954 1 2.Oug/M3 General Air 9766 61 0 \n1954 1 2.Oug/M3 Operational 9766 5 0 \n1954 2 20ug/M3 General Air 9766 52 0 \n1954 2 2.Oug/M3 OperaUona 9766 1 0 - \n1954 4 2.Oug/M3 General Air 9766 150 0 \n1955 1 2.Oug/M3 General Air 9766 - 120 0 \n1955 1 2.OugIM3 Operational 9766 3 0 \n1955 2 2 Oug/M3 General Air 9766 189 0 \n1955 3 2.Oug/M3 General Air 9766 156 0 \n1955 3 2.Oug/M3 Breathing Zone 9766 4 - 0 Operational BZ \n1955 3 2.Oug/M3 Operational 9734-2 3 0 - \n1955 4 2.Oug/M3 General Air 9766 125 0 \n1955 4 2.Oug/M3 Breathing Zone 9766 10 0 \n1955 4 2.Oug/M3 Operational 9212 0 \n1956 1 2.OugIM3 423 0 \n1956 2 2.Oug/M3 233 0 \n1956 3 2.Oug/M3 . 182 2 - \n1956 4 2 Oug/M3 329 0 \n1957 1 20ug/M3 423 0 \n1957 \n1957 2 \n3 2.Oug/M3 \n2.Oug/M3 562 \n543 1.6 \n0 \n1957 4 706 0 \n Y-12 IH/HP Report Summary Results \nBeryllium, Air \nYear Quarter Max Allowable Type of Sampi Location Number of %> MPL Comment - — \nConcentrations Samples - \n1958 — 1 2.Oug/M3 998 \n1849 0 \n1958 2 — 2.Oug/M3 0 \n1958 3 2.Oug/M3 3195 0 \n1958 4 2.Oug/M3 3248 0.3 \n1959 1 2.Oug/M3 4156 0.05 \n1959 2 2Oug/M3 8806 02 \n1959 3 2.Oug/M3 9462 \n8787 0.08 \n1959 4 2.OugIM3 0.02 \n1960 \n1960 \n1960 1 \n2 \n3 2.OugIM3 \n2OugIM3 \n2.Oug/M3 8952 \n9116 \n9203 0.06 \n006 \n0.57 \n1960 4 2.Oug/M3 8911 0.91 \n1961 1 2.Oug/M3 8398 —— 0.9 \n1961 2 2.Oug/M3 12026 3.38 \n1961 3 2.Oug/M3 14344 1476 No. above MAC \n1961 4 2.Oug/M3 15609 1323 No. above MAC \n1962 1 2.Oug/M3 12630 913 No. above MAC \n1962 2 2.Oug/M3 9495 288 No. above MAC \n1962 \n1962 3 2.Oug/M3 9923 81 No. above MAC \n4 2.Oug/M3 9654 \n6380 225 \n46 No. above MAC \nNo. above MAC 1963 1 2.Oug/M3 \n Y-12 IH/HP reports Summary Reports \nMercury, Air \nYear Quarter Max Allowable \nConcentrations Type of Sample Location Number of \nSamples % > MPL Comment \n1952 0 1 mgIM3 - 19 \n1952 0.lmg/M3 7 \n1952 0.lmg/M3 14 \n1952 0.lmg/M3 34 \n1952 0.lmg/M3 \n79 48 -. \n1953 '1 0.lmg/M3 Operational Y-12 15 \n1953 — 1 0.lmg/M3 General Air Y-12 3248- 20 \n1953 2 0.lmg/M3 Operational Y-12 57 16 \n1953 \n1953 2 \n3 0lmg/M3 \n0 lmg/M3 General Air \nSpot General Air Y-12 \n9202 3266 \n797 31 \n71 \n1953 \n1953 \n1953 3 \n3 \n3 0 lmg/M3 \n0 lmg/M3 \n0.lmg/M3 Spot General Air \nSpot General Air \nous Reading Gen 9201-2 \n9204-4 \n9204-4 1752 33 \n1518 \n100 19 \n0 \n1953 4 0.1 mg/M3 Spot General Air 9204-4 2832 11 \n1953 4 0 lmg/M3 ous Reading Gen 9204-4 915 22 \n1953 4 0.lmg/M3 Spot General Air 9201-2 1797 48 \n1953 4 0.lmg/M3 ous Reading Gen 9201-2 9 30 \n• \n1953 4 0.lmg/M3 Spot General Air 9202 1216 - 87 \n1953 4 Duct 9204-4 - 10 \n1954 1 0.lmg/M3 Spot General Air 9204-4 648 - 4 - \n1954 1 0.lmg/M3 ous Reading Gen 9204-4 1044 - 12 - \n1954 1 0.1 mg/M3 Spot General Air 9201-2 1196 57 .. \n1954 1 0.lmg/M3 ous Reading Gen 92012 \n1954 1 0.lmg/M3 Spot General Air 9202 1502 66 \n1954 1 Duct 9204-4 \n1954 2 0,lmg/M3 Spot General Air 9204-4 1851 30 \n1954 — 2 0.lmg/M3 ousReadingGen 9204-4 1136 21 \n1954 2 0.lmg/M3 spot General Air 9201-2 1750 18 \n1954 2 0 lmg/M3 ous Reading Gen 9201-2 \n1954 2 0.lmgJM3 Spot General Air 9202 227 - - 24 - \n1954 2 0.lmg/M3 Spot General Air Y-12 60 2 \n1954 4 0.lmg/M3 Spot General Air 9204-4 - 2890 . 6 - \n1954 4 0.lmg/M3 ous Reading Gen9204-4 — 1307 17 \n Y-12 IH/HP reports ummary Reports \nMercury, Air \nYear Quarter Max Aflowable Type of Sample Location Number of % > MPL Comment \nConcentrations Samples - \n1954 \n1954 \n1954 \n1954 \n1955 4 \n4 \n4 \n4 \n1 0.lmg/M3 \n0.lmg/M3 \n0 lmgIM3 \n0lmgIM3 \n0.lmg/M3 Spot General Air \nous Reading Gen \nSpot General Air \nDuct \nSpot General Air 9201-2 \n9201-2 \nY-12 \n9204-4 \n9204-4 2149 \n22 \n25 \n16 \n2680 52 \n73 \n10 \n6 \n1955 1 0.lmg/M3 ous Reading Gen 9204-4 1204 18 \n1955 — \n1 0.lmg/M3 Spot General Air 9201-2 - \n2028 54 \n1955 1 0.lmgIM3 OUS_Reading Gen 9201-2 9 78 \n1955 1 0.lmg/M3 Spot General Air 9202 0 \n1955 1 0.lmg/M3 Spot General Air 9201-5 0 \n1955 1 0 lmg/M3 us Reading Gen 9201-5 0 \n1955 1 0.lmg/M3 Spot General Air -12,Other Area 0 \n1955 1 0 lmg/M3 Operatloildl r)uct 9204-4 16 0 \n1955 2 0.lmg/M3 Spot General Air 9201-2 2775 40 \n1955 2 0.lmg/M3 ous Reading Gen 9201-2 0 0 \n1955 2 0.lmg/M3 Spot General Air 8201-5 14985 45 \n1955 \n1955 2 \n2 0.lmg/M3 \n0.lmg/M3 ous Reading Gen \nSpot General Air 231-5 \n9202 785 \n0 50 \n0 \n1955 2 0.lmg/M3 Spot General Air 9204-4 2200 8 - \n1955 2 0.lmg/M3 ous Reading Gen 9204-4 700 37 \n— \n1955 2 0.lmg/M3 Spot General Air -12, Other Area 0 0 \n1955 3 0.lmg/M3 — Spot General Air 9201-2 2225 19 \n1955 3 0.lmg/M3 Spot General Air 9201-4 12250 83 \n1955 3 0.lmg/M3 Spot General Air 9201-5 1170 - 84 \n1955 3 0.lmg/M3 ous Reading Gen 9201-5 575 68 \n1955 \n1955 \n1955 3 \n3 \n3 0.lmg/M3 \n0.lmg/M3 \n0.lmg/M3 Spot General Air \nous Reading Gen 9204-4 - \n9204-4 4600 \n825 13 \n33 \nSpot General Air -12, Other Area 3100 25 — \n1955 4 0.lmg/M3 Spot General Air 9201-2 - 2930 44 . \n1955 4 0.lmg/M3 Spot General Air 9201-4 — 17950 74 \n1955 \n1955 4 \n4 0 lmg/M3 \n0.lmg/M3 Spot General Air 9201-5 25900 74 \nous Reading Gen 9201-5 175 - 48- \n1955 4 0.lmg/M3 Spot General Air 9204-4 I 3200 1-1 - - \n Y-12 IH/HP reports Summary Reports \nMercury, Air \nYear Quarter Max Allowable Type of Sample Location Number of % > MPL Comment \nConcentrations Samples - - \n1955 4 0.lmg/M3 ous Reading Gen 9204-4 735 18 \n1955 \n1956 4 0.lmg/M3 Spot GeneralAir -12, Other Area 1000 26 \n1 0.lmg/M3 73488 38 \n1956 2 — 0.lmgIM3 87942 19 \n1956 \n1956 \n1957 — 3 \n4 \n1 0.lmg/M3 \n0 lmgIM3 \n0.lmg/M3 86126 18 \n73185 \n77078 9 \n4.1 \n1957 2 0.lmg/M3 73856 2.1 \n1957 3 — 0.lmg/M3 58483 1.9 \n1957 4 0.lmg/M3 40507 2.2 \n1958 1 lOOug/M3 42742 2.05 \n1958 2 lOOug/M3 26468 3.25 \n1958 3 lOOug/M3 25557 6.6 \n1958 4 lOOug/M3 24064 3.8 \n1959 1 lOOug/M3 22289 7.6 \n1959 \n1959 2 \n3 lOOug/M3 \nlOOug/M3 17750 \n12878 10.5 \n66 \n1959 4 lOOug/M3 11444 4.8 \n1960 \n1960 1 \n2 lOOug/M3 \nlOOug/M3 12345 \n11746 3.5 \n6.01 \n1960 3 lOOug/M3 11334 6.1 \n1960 — 4 lOOug/M3 11529 3.45 \n1961 1 lOOug/M3 11217 3.08 \n1961 2 lOOug/M3 . 9813 - \n0.94 \n1961 3 lOOug/M3 5029 - 42 No. above MAC \n1961 3 lOOug/M3 . 4591 80 No. above MAC \n1962 1 lOOug/M3 5342 87 No. above MAC \n1962 2 .lOmg/M3. 4261 94 No. above MAC \n1962 3 .lOmg/M3 -4120 125 No. above MAC \n1962 4 .lOmg/M3 : 3616 176 No. above MAC \n1963 1 .lOmg/M3 4962 - 22a - - No. above MAC \n Y-12 Report Summary Results \nMercury Monthly, Ar \nYear Month Location Number of Samples % > MPL Air Concentration mgIM3 Comments \n1955 7 9201-4 2731 93 032 \n1955 7 9201-5 3233 —. \n88 0.33 — \nHand Written#Taken \n1955 8 9201-4 4156 .85 0.22 Hand Written #Taken \n1955 8 9201-5 4098 87 0.33 Hand Written #Taken \n1955 9 9201-4 7534 88 0.24 Hand Written # Taken \n1955 9 9201-5 6064 87 0.2 Hand Written # Taken \n1955 10 9201-4 5686 83 024 Hand Written #Taken \n1955 \n1955 10 \n11 9201-5 \n9201-4 9052 85 \n77 0 23 \n021 \n021 Hand Written # Taken \n5734 Hand Written#Taken \nHand Written #Taken 1955 11 9201-5 7429 77 \n1955 12 9201-4 7073 81 028 Hand Wiitten#Taken \n1955 12 9201-5 8379 77 02 HandWritten#Taken \n1956 1 9201-4 7224 72.5 0.2 Hand Written # Taken \n1956 1 9201-5 9556 69 . 0.15 \n1956 2 9201-4 8492 41 0.11 Hand Written#Taken \n1956 2 9201-5 13605 49.7 0.11 Hand Written #Taken \n1956 3 9201-4 10373 9.7 0.06 \n1956 3 9201-5 15026 22.5 - 0.09 Hand Written # Taken \n1956 4 9201-4 10116 4 0.05 Hand Written #Taken \n1956 4 9201-5 17027 28 0.1 Hand Written #Taken \n1956 5 9201-5 11199 5 0.05 Hand Written #Taken \n1956 5 9201-5 15219 26 0.1 HandWrttten # Taken \n1956 6 9201-4 10943 4.6 0.05 Hand Written # Taken \n1956 6 9201-5 14182 27 0.1 Hand Written#Taken \n1956 \n1956 7 \n7 9201-4 10676 6 0.06 Hand Written#Taken \n9201-5 10838 30 0.1 Hand Written #Taken \n1956 8 . 9201-4 11416 3 0.05 Hand Written #Taken \n1956 8 9201-5 12843 30 0.1 Hand Written # Taken \n1956 9 9201-4 7417 1.6 0.04 Hand Written# Taken \n1956 9 9201-5 15299 21 0.07 Hand Written #Taken \n1956 10 9201-4 7569 5.2 0.04 . \n1956 10 9201-5 15868 . 16.7 — 0.07 — \n1956 11 9201-4 . 8962 3.2 0.04 \n11956 ii 9201-5 15017 12 0.05 \n Y-12 Report Summary Resuits \nMercury Monthly, Air \nYear Month Location Number of Samples % > MPL Air Concentration mg/M3 Comments - \n— -- 1956 12 9201 4 8132 3 8 \n8.3 0 04 \n0.05 1956 12 9201-5 13131 \n1957 \n1957 1 9201-4 11104 7.9 0.04 \n1 9201-5 15726 3.7 0.04 \n1957 2 9201-4 9450 4.6 0.04 \n1957 2 9201-5 13601 3.4 0.04 \n, 1957 3 9201-4 9619 2 0.03 \n1957 3 9201-5 14103 2.8 0.04 \n1957 4 9201-4 9690 2.1 0.03 \n1957 4 9201-5 13973 1.3 0.04 \n1957 5 9201-4 10132 0.9 0.03 --_________________ \n1957 5 9201-5 14237 1.6 0.04 \n1957 \n1957 \n1957 6 \n6 \n7 9201-4 9278 2.7 0.04 \n9201-5 \n9201-4 12582 \n9457 11 \n131 003 \n0.03 \n1957 7 9201-5 13277 0.2 0.04 \n1957 7 8110 515 23.1 \n1957 8 9201-4 7470 1.05 0.02 \n1957 8 9201-5 11017 0.31 0.03 \n1957 8 8110 801 23.6 \n1957 9 - \n9201-4 5509 2.08 0.03 \n1957 9 9201-5 7938 0.53 003 — \n1957 9 8110 610 31.2 \n1957 10 9201-4 — \n5782 1.17 0.02 \n1957 10 9201-5 8616 0.56 0.02 \n1957 10 8110 524 16.6 . - \n1957 \n1957 11 — \n11 92014 \n9201-5 4679 \n7331 233 \n147 002 \n003 \n1957 11 8110 680 9.4 \n1957 12 9201-4 4416 0.88 0.02 \n1957 — \n12 9201-5 6430 1 56 002 \n1957 12 8110 610 - \n9.83 . - - - - \n1958 1 9201-4 5544 2.13 0.02 - - \n. \n1958 1 9201-5 7899 1.88 0.02 - \n. - \n Y-12 Report Summary Results \nMercury Monthly, Air \nYear Month Location Number of Samples %> MPL Air Concentration mg/M3 Comments \n1958 \n1958 - 1 \n1 8110 \n9808 634 \n264 8.05 \n2.65 0.02 — \n1958 \n1958 2 \n2 9201-4 \n9201-5 5416 \n7271 103 \n1 18 002 \n002 \n1958 2 8110 584 7.29 \n1958 2 9808 240 3.75 0.03 \n1958 3 9201-4 5581 1.22 0.02 \n1958 3 9201-5 7823 0.97 0.02 - . \n1958 3 8110 551 19.2 . \n1958 3 9808 252 — 7.1 0.04 - \n1958 4 9201-4 3877 0.95 0.02 \n1958 \n1958 4 \n4 9201-5 \n8110 5371 \n619 \n216 095 \n1147 003 \n1958 4 9808 6.48 - 0.04 \n1958 \n1958 \n1958 5 \n5 \n5 9201-4 2828 3.5 0.03 - 9201 5 \n8110 3861 06 002 \n589 28.52 \n1958 5 9808 252 9.13 0.05 \n1958 6 9201-4 2893 4.77 0.04 . \n1958 6 9201-5 3872 - \n1.4 002 \n1958 6 8110 589 28.52 . - \n1958 6 9808 259 10.81 0.04 \n1958 7 9201-4 4135 11.78 0.05 \n1958 7 9201-5 4008 1.17 0.02 \n1958 7 8110 785 50.45 \n1958 7 9808 164 3.66 0.03 \n1958 8 9201-4 2916 0.99 0.03 \n1958 8 — \n9201-5 4002 1.2 0.02 \n1958 \n1958 8 8110 681 45.38 - \n8 9808 161 0 0.02 \n1958 9 9201-4 3028 1.02 0.03 . \n1958 \n1958 9 \n9 9201-5 \n8110 3842 1.07 0.02 \n0.04 651 23.81 \n1958 9 9808 204 0.98 \n Y-12 Report Summary Results \nMercury Monthly, Air \nYear Month Location Number of Samples %> MPL Air Concentration mgIM3 Comments - \n1958 10 9201-4 3189 0.17 0.02 - - \n1958 \n1958 10 \n10 9201-5 4236 . 1.77 0.02 \n8110 713 2061 \n1958 10 9808 253 4.35 0.04 \n1958 11 9201-4 2659 12 003 \n1958 \n1958 11 \n11 9201-5 \n8110 3473 233 003 \n572 34.44 , \n1958 11 9808 228 395 004 \n1958 12 — 9201-4 3012 0.76 0.02 . \n1958 12 9201-5 4014 4.16 0.03 \n1958 12 8110 681 12.63 \n1958 12 9808 263 7.74 0.04 \n1959 1 9201-4 2989 237 003 \n1959 1 9201-5 3853 11.14 0.04 \n1959 1 8110 341 4.69 \n1959 1 9808 252 8.73 004 \n1959 2 9201-4 2717 2.76 0.03 \n1959 2 9201.5 3490 7.13 0.03 \n1959 2 8110 no samples \n1959 \n1959 2 \n3 9808 228 658 003 \n9201-4 2730 3.44 0.02 \n0.04 ading involing shut dow n 3/13/59 1959 3 9201-5 3827 16.54 \n1959 3 8110 310 12.26 \n1959 3 - 9808 252 1.98 0.03 \n1959 4 9201-4 2958 3.45 0.03 \n1959 4 9201-5 2208 24.28 0.05 \n1959 4 8110 682 20.97 \n1959 4 9808 204 2.94 0.03 \n1959 5 9201-4 2539 5.04 0.03 \n1959 5 9201-5 1653 20.2 0.07- \n1959 5 8110 620 \n240 25.97 \n5.42 0.03 . - - - 1959 5 9808 \n1959 6 9201-4 2512 3.58 0.03 - - \n1959 6 9201-5 745 14.02 0.04 . \n Y-12 Report Summary Results \nMercury Monthly, Air \nYear Month Location Number of Samples % > MPL Air Concentration mg/M3 j Comments \n1959 6 8110 669 22.42 \n1959 6 9808 120 0.83 0.03 \n1959 \n1959 7 9201-4 2504 3.72 0,03 \n7 9201-5 695 3.47 0.04 \n1959 7 8110 682 19.35 \n1959 7 9808 108 1.84 0.02 '• \n1959 8 9201-4 2320 543 004 — \n1959 8 9201-5 691 7.67 0.05 - . - \n1959 8 8110 651 21.65 . \n1959 \n1959 8 \n9 9808 \n9201-4 108 \n2278 11.11 \n2.72 - 0.04 \n- 0.03 \n0.04 - \n- 1959 9 9201-5 770 I.16 \n1959 9 8110 641 19.82 \n1959 9 9808 120 083 002 \n1959 10 9201-4 2258 1.33 0.02 \n1959 10 9201-5 639 3.81 0.03 . \n1959 10 8110 609 16.42 \n1959 10 9808 180 3.91 0.03 \n1959 11 9201-4 2173 2.35 0.02 - - \n1959 11 9201-5 644 4 19 0 04 \n1959 11 8110 551 908 — \n1959 11 9808 180 1.11 0.03 . \n1959 12 9201-4 2537 3.78 0.02 - \n1959 12 9201-5 693 23.09 0.03 \n1959 12 8110 578 9.34 \n1959 12 9808 180 1.11 0.03 \n1960 1 9201-4 1955 — 1.69 0.02 \n1960 1 9201-5 797 7.4 0.04 . \n1960 1 8110 580 7.76 . \n1960 1 9808 192 —- 0.52 0.02 \n1960 2 9201-4 2122 2.88 0.02 - \n1960 2 9201-5 681 0.29 G.02 \n1960 \n1960 2 \n2 8110 \n9808 585 \n207 6.33 \n1.93 \n- 0.02 - \n. \n Y-12 Report Summary Results \nMercury Monthly, Air \nYear Month Location Number of Samples %> MPL Air Concentration mgIM3 • Comments \n1960 3 9201-4 2695 2.67 0.02 \n1960 3 9201-5 748 0 0,02 - \n1960 3 8110 638 15.36 \n1960 3 9808 273 1.83 0.02 \n1960 4 9201-4 2305 3.9 - 0.02 \n1960 4 9201-5 620 3.22 0.04 .. \n1960 4 8110 568 14.79 \n1960 \n1960 4 \n5 9808 \n9201-4 247 0.81 \n427 0.03 \n003 . \n2434 \n1960 5 9201-5 748 3.07 0.03 ' 1960 5 8110 357 13.72 \n1960 5 9808 278 072 003 \n1960 6 9201-4 2604 645 003 \n1960 6 9201-5 683 11.42 0.05 \n1960 6 8110 418 1866 \n003 1960 6 9808 308 26 \n1960 7 9201-4 2126 6.96 0.04 \n1960 7 9201-5 641 11.54 - 0.05 \n1960 7 8110 322 9.01 . \n1960 7 9808 252 5.16 0.04 \n1960 8 9201-4 2766 4.27 0.03 - \n1960 8 9201-5 ,41 1322 005 \n1960 8 8110 390 12.56 . \n1960 8 9808 289 2.08 0.03 \n1960 9 9201-4 2279 2.98 0.03 \n1960 9 9201-5 729 7.96 0.04 \n1960 9 8110 354 6.78 - \n1960 9 9808 294 1.7 0.03 \n1960 10 9201-4 2432 2.59 0.02 \n1960 10 9201-5 782 4.73 0.03 \n1960 10 8110 339 6.19 \n1960 10 9808 266 3.38 0.03 \n1960 11 9201-4 2455 2.73 0.02 - \n1960 11 9201-5 830 5.78 0.03 \n Y-12 Report Summary Results \nMercury Monthly, Air \nYear Month Location Nt.mb er of Samp'es % > MPL Air Concentration mg/M3 Comments . 1960 11 8110 357 616 \n1960 11 9808 266 2.26 0.03 \n1960 12 92014 2379 395 003 \n1960 12 9201 5 733 341 003 \n1960 12 8110 346 1.16 \n1960 12 . 9808 182 1.1 0.02 \n1961 1 9201-4 2415 3.77 0,03 \n1961 1 8110 349 0.86 \n1961 1 9808 238 1.68 0.02 \n1961 2 9201-4 1880 2.02 0.02 \n1961 2 8110 249 5.22 \n1961 2 9808 205 0.9 0.02 \n1961 3 9201-4 2557 0.86 0.02 \n1961 3 8110 334 9.58 \n1961 3 9808 315 127 002 \n1961 4 9201-4 2286 0.83 0.02 \n1961 4 8110 340 8.24 \n1961 4 9808 300 067 001 \n1961 5 9201-4 2453 0.08 0.01 \n1961 5 8110 85 3.53 \n1961 5 9808 180 0 001 \n1961 6 9201-4 2321 0.99 0.02 \n1961 6 8110 68 0 \n1961 6 9808 120 0 0.01 - \n1961 7 9201-4 955 4 0.02 \n1961 7 8110 — \n17 — \n0 \n1961 \n1961 7 \n8 9808 \n9201-4 15 0 — \n0.01 — \n1910 20 0.02 — - \n1961 \n1961 \n1961 8 \n8 8110 34 1 \n9808 45 0 0.01 - \n9 9201-4 1554 16 0.02 \n1961 9 8110 17 0 . - \n1961 — \n9 9808 30 — \nC 0.01 - \n1961 - \n10 9201-4 . - - 9-) \n 0 \n9) Y-1 2 Report Summary Results \nMercury Monthly, Air \nYear Month Location Number of Samples % > MPL Air Concentration mg/M3 Comments \n1961 10 8110 —— \n1961 10 9808 . \n1961 11 9201-4 \n1961 11 8110 \n1961 11 9808 \n1961 12 9201-4 \n1961 12 8110 \n1961 12 9808 - - \n Y-12 IH/HP Report Summary Results \nAll Alpha, Air - \n0 \n) 4: Year Quarter Max Allowable Type of Sampi Location Number of % > MPL Comment \nConcentrations Samples - - \n1953 3 7d/mIM3 Outdoor Y-12 171 0 \n1953 4 7dImIM3 Outdoor Y-12 171 0 \n1954 1 Outdoor 129 0 \n1954 2 7d/mIM3 Outdoor Y-12 270 0 \n1954 4 7d/mIM3 Outdoor Y12 84 0 \n1955 \n1955 \n1955 — \n1 \n2 \n3 7dImIM3 \n7d/m/M3 Outdoor \nOutdoor Y-12 \nY-12 80 \n80 \n65 0 \n0 \n0 7d/m/M3 Outdoor Y-12 \n1955 4 7d/m/M3 Outdoor Y-12 215 11 \n Y-121H/HP Report SUmmary Results \nEnriched Uranium, Air \nYear Quarter Max Allowable Type of Sampl Location Number of %> MPL Comment \nConcentrations Samples \n1952 1 60 \n1952 2 42 \n1952 3 - \n1952 4 \n11953 1 7OdIm/M3 Operational 9212 253 55 \n1953 1 70d/m/M3 General Air 9212 — 1800 3 \n1953 2 7OdIm/M3 Operational 9212 377- 40 - - \n1953 2 70d/m/M3 -— General Air 9999212 3476 2 \n1953 3 70d/m/M3 General Air 9212 3520 30 - \n1953 3 70d/m/M3 Operational 9212 264 37 \n1953 4 \n1953 4 \n1954 1 70d/m/M3 \n70d/m/M3 General Air \nOperational \nGeneral Air 9212 \n9212 \n9212 4117 13 \n223 \n2250 52 \n12 \n1954 1 Operational 9212 276 35 \n1954 2 .5uglM3 - General Air 9212 2652 20 \n1954 2 .5ug/M3 Operational 9212 245 38 \n- 1954 4 .5ug/M3 General Air 9212 3270 5 \n1954 4 .5ug/M3 Operational 9212 302 - \n- 34 \n1954 4 .5ug/M3 Operational - - 9206 j 69 50 ________ \n1954 4 .5ug/M3 General Air 9206 348 - 34 - - \n1955 1 .5ug/M3 General Air 9212 3572 - 5 \n1955 1 .5ug/M3 Operational 9212 266 291 - \n1955 1 .5ug/M3 General Air 9206 388 26 \n1955 1 5ug/M3 Operational 9206 58 43 \n1955 1 \n1955 2 5ug/M3 \n.5ug/M3 General Air \nGeneral Air 995 \n9212 151 \n3300 0 - \n2 \n1955 2 5ug/M3 Operational 9212 285 35 \n1955 2 .5ug/M3 General Air 9206 1675 18 \n30 1955 2 .5ug/M3 Operational 9206 75 \n1955 2 .Sug/M3 General Air 9995 0 - 0 \n1955 3 .5ug/M3 General Air 9212 7300 5 \n1955 3 .Sug/M3 — Operational 9212 - 75 60 \n1955 3 .5ug/M3 General Air 9206 2800 4 9 \nU' \n Y-121H/HP Report Summary Results \nEnriched Uranium, Air \nYear Quarter Max Allowable Type of Sampi Location Number of - %> MPL Comment \nConcentrations Samples \n1955 3 .5ug/M3 Operational 9206 150 30 \n1955 \n1955 \n1955 3 \n4 \n4 .5ug/M3 \n.5ug/M3 \n.5ug/M3 General Air \nGeneral Air \nOperational 9995 \n9212 \n9212 75 \n4300 \n255 0 \n6 \n47 \n1955 4 .5ugIM3 General Air 9206 1450 7 \n1955 4 .5ugIM3 Operational 9206 220 34 \n1955 4 .5ug/M3 General Air 9995 130 0 \n1955 4 .5ug/M3 Operational 9995 15 0 \n Y-.12 lH/HP Report Summary Results \nUranium, Air \nYear Quarter Max Allowable Type of Sampl — \nLocation Number of % > MPL Comment - \n- - Concentrations Samples \n1952 \n1O'52 \n1952 \n1952 1 \n2 \n3 \n4 Operational \nOperational \nOperational \nOperational 46 --______ \n30 \n31 \n41 \n1953 \n1953 \n1953 \n1953 1 \n1 \n1 5OugIM3 Operational 9206 136 21 \n5OugIM3 \n5Oug/M3 Operational \nGeneral Air 9212 \n9212 251 \n1956 19 \n2 \n2 5OugIM3 Operational 9212 164 33 \n1953 \n1953 2 5Oug/M3 General Air 9212 2438 1 \n2 5Oug/M3 Operational 9206 100 38 \n1953 2 5Oug/M3 Operational Rest of Y-12 52 23 \n1953 3 5Oug/M3 General Air 9212 2470 1 \n1953 3 5Oug/M3 Operational 9212 89 37 \n1953 3 5Oug/M3 Operational 9206 5 33 \n1953 4 50u9/M3 General Air 9212 2916 3 \n1953 4 5Oug/M3 Operational 9212 85 56 \n1953 4 5Oug/M3 Operational 9206 18 33 \n1953 4 Duct 9211 10 0 \n1954 \n1954 1 \n1 5Oug/M3 \n5Oug/M3 General Air \nOperational 9212 \n9212 2238 \n204 7 \n15 \n1954 1 5Oug/M3 General Air 9206 75 7 . \n1954 1 5Oug/M3 Operational 9206 40 50 - -- \n1 Duct 9211 \n1954 2 - \n5Oug/M3 General Air 9212 —_________ \n1398 3 \n1954 2 5Oug/M3 Operational 9212 —_____ \n75 25 - \n1954 2 5Oug/M3 General Air 9206 366 - \n0 - \n1954 2 5Oug/M3 Operational 9206 — \n134 11 — \n1954 2 Duct 9212 50 \n954 3 . No Data \n1954 4 SOug/M3 General Air 9212 1930 10 \n1954 \n1954 4 \n4 5Oug/M3 \n5Oug/M3 \n5Oug/M3 Operational \nGeneral Air 9212 \n9206 \n— 9206 139 \n6 50 \n10 - - \n1954 4 Operational - 69 50 - - \n— \n Y-12 IH/HP Report Summary Results \nUranium, Air \nYear Quarter Max Allowable Type of Sampl Location Number of % > MPL Comment \nConcentrations Samples — \n1954 4 Duct 9212 3 \n1954 4 5Oug/M3 General Air 9995 176 0 . \n1954 4 5OugIM3 Operational 9201-2 15 75 \n1955 — 1 5OugIM3 General Air 9212 1808 16 \n1955 1 5Oug/M3 Operational 9212 159 20 \n1955 1 5Oug/M3 Operational 9206 127 48 \n1955 \n1955 1 \n1 Duct 9206 0 - \nDuct 9212 2 \n1955 2 5Oug/M3 General Air 9212 2160 7 - \n1955 2 5Oug/M3 Operational 9212 370 90 \n40 1955 \n1955 2 5Oug/M3 Operational 9206 40 \n3 5Oug/M3 General Air 9212 1900 17 \n1955 3 5Oug/M3 Operational 9212 160 86 \n1955 3 5Oug/M3 Operational 9206 0 \n1955 3 5Oug/M3 Operational 9211 30 90 \n1955 4 SOug/M3 General Air 9212 1940 5 \n1955 4 SOug/M3 Operational 9212 175 82 \n1955 4 SOug/M3 Operational 9206 55 35 \n1955 4 5OugIM3 Operational 9211 — \n30 80 \n1956 \n1956 1 .l5mgIM3 3 0 Based on Chemical Tpxicity (dust) \n2 l5mg/M3 0 \n1957 1 - \nl5mg/M3 3 0 Fume \n1957 \n1957 \n1957 2 l5mg/M3 26 — \n192 Fume —— - \n3 \n4 l5mg/M3 - \n2 \n0 0 \n0 Based on Chemical Toxicity \nBased Chemical — \n D-2Y-12 H&S Report Urine Data Summary\n Y-12 H/HP Report Summary ResuftsCadmium, UrineYearQuarterTotal Number%> MPLMAC\n.,of Analyses19584540..l5ug/ml 1960.400.lOmg/L 1962100,.lOmg/L\n•1962220.lOmg/L1962300.lOmg/L\n____Da-\n Y-12 IH/HP Report Summary ResultsFluorides, UrineYearQuarter Total Number %> MPLMax. Allowable Concentrationsof Analyses19582175.94ppm 19583330 .1 Smg/L195844604ppm 195918004ppm 195929704ppm 19592978.62 ppm 19593848.34ppm 195938436.92ppm 19594814.94ppm195948139.52 ppm19601812.54ppm196018156.82ppm 196024304ppm 196024353.52ppm 19603004ppm 19603002ppm 19604661.54 ppm19604—6612.12 ppm196115504ppm 1961155102ppm 19612004ppm19613004ppm19614004ppm\n Y-12 lH/HP Report Summary Results \nLead, Urine \nYear Quarter Total_Number %> MPL MAC Comments of Analyses \n1958 \n1958 \n1958 \n1959 2 210 0 .l5myIL \n3 7 0 .l5mg/L 4 76 0.13 .1 5mg/L This includes 39 from 0 R \n1 23 8.7 .l5mg/L samples Processing Personnel \n1959 \n1959 \n1959 \n1960 \n1960 \n1960 2 \n3 30 \n20 0 \n0 .l5mg/L \n.l5mg/L 34 from OR Processing Co: \n37 from ORPC, 36 from Lab \n4 \n1 \n2 \n3 102 \n64 \n112 \n17 0 \n0 \n0 \n0 l5mg/L Backlog \n37 ORPC \n45 ORPC \n37 ORPC l5mg/L \n1 5mg/L \nl5mg/L 1960 \n1961 \n1961 4 27 0 l5mg/L \n1 \n2 15 0 l5mg/L \n12 0 l5mg/L \n1961 3 14 1 .l5mg/L 1961 4 10 2 .15m9/L - \n1962 1 15 0 .l5mg/L 1962 2 15 0 .l5mg/L - \n1962 3 7 0 .l5mg/L . \n. \n1962 4 45 0 .l5mg/L f \nTLV 1963 1 41 0 .l5mg/L \n 9) £ Y-12 lH/HP Report Summary Results \nMercury, Urine \nYear Quarter Total Number — \n%> MPL Total Number %> MPL MAC Comments \nof Analyses(People) of Analyses(Samples) \n- 1952 4 5 3 3mgIL \n1953 1 —- \n6 - .3mgIL \n1953 \n1953 2 \n3 0 3mg/L \n0 3mg/L \n1953 4 94 3mgIL \n— 1955 2 776 21.6 988 24 .3mgIL \n1955 3 756 32 868 34 - .3mgIL . - \n1955 4 793 28 921 26 .3mg/L \n1956 1 931 27.5 1875 29.5 .3mg/L - \n1956 \n1956 2 1090 29 1948 26.5 .3mg/L - \n3 888 182 1301 15 3mg/L \n1956 4 889 12 1213 9.6 .3mg/L . \n1957 \n1957 \n1957 1 \n2 905 \n748 6.6 \n6 4 1104 \n936 6.1 \n5 4 .3mg/L — \n3mg/L \n3 730 58 1017 76 3mgIL \n1957 4 730 — \n3.2 880 4.2 .3mgIL \n1958 1 689 3.9 799 - — \n3.9 .3mg/L \n1958 2 658 6.8 — 928 — 8.8 .3mg/L \n1958 \n1958 - - 3 \n4 593 \n588 8.4 \n5.8 953 \n888 11.1 \n5.9 .3mg/L \n.3mg/L -. -- \n1959 1 565 5.7 793 5.2 .3mg/L - \n1959 2 454 7.5 677 1 7.1 .3mg/L 38 from Ferguson Const. Co. \n1959 3 345 5,8 481 5 .3mg/L \n1959 4 324 3.1 450 4.9 .3mg/L \n1960 - \n1 289 — \n2 8 426 2 1 3mg/L 9 Ferguson Const Co \n1960 2 262 2.3 398 2 .3mg/L \n1960 \n1960 3 \n4 277 \n225 2.2 \n0.9 408 \n228 1.7 \n0.9 .3mgiL \n.3mg/L \n1961 1 181 — \n4 194 7 3mg/L \n1961 2 207 3 257 3 mg/L \n1961 3 200 — \n1 212 1 .3mg/L \n1961 4 186 2 191 2 .3mg/L \n1962 1 179 0 180 0 .3mg/L - \n Y-12 IH/HP Report Summary Results \nMercury, Urine \n148 \n11111 146 1 147 - \n141 j 2 143 \n146 2 Resamples taken were within \nTLV 1962 2 \n1962 3 \n1962 4 \n191i3 1 1 \n2 \n2 \n9 101 .3mgIL \n.3mg/L \n.3mg/L \n '(-12 lH/HP Report Summary Results \nUranium, Urine \nYear Quarter Total Number % > MPL Positive Fi Max. Allowable Concentrations \nof Analyses VMR (special) \n1952 4 2.7 50 Microgramsl24 hours \n1953 \n1953 \n1953 \n1953 1 \n2 \n3 \n4 0.55 50 Micrograms/24_hours 2 \n3.5 50 Micrograms/24 hours \n50 Microgramsl24 hours \n50 Micrograms/24 hours 8.8 \n Y-12 IH/HP report Summary ResultsEnriched Uranuni, UrineNo ofPosWveRndings Max Allowable Cohcentratjo953___________________________ 6.1 ________7OdsIntegrat,ons/,fl/4 hour 1954 32.5 70 disintegrations/jfl/4 hour\n D-3X1OHealthPhysics Report Urine Data Summary\n X-1O H S Reports Summary ResultsPlutonium-241, UrineYearTotal Numberof AnalysesI197826L1979241\nD3-I\n X-1O H S Reports Summary ResultsGross Beta, Urine\n_____2.6\nt3c2-, ,19581968YearTotal Number Weekly Averageof Analyses______1343Highest Specimen Analyzedd/m/24Hr. Spec8tOOO\n X-1 0 H S Reports Summary ResultsPLutonium-239, UrineYearTotal Number Weekly Average Highest Specimen Analyzed Commentsof Analyses d/m/24Hr. Spec196135 1.3196214196321196420111965 11461q66142919671468 .19681373196916291970979 ,Pu Alpha 1971955 Pu Alpha 1972764 Pu Alpha 1973800 Pu Alpha 1974589 .Pu Alpha 1975502 Pu Alpha 1976580 Pu Alpha 1977423 Pu Alpha 1978449 PuAha 1979390 Pu Alpha 1980330 Pu Alpha 1982440 Pu Alpha\nt3-3\n X-1O H S Reports Summary ResultsPolonium, UrineYearTotal NumberWeekly AverageHighest Specimen Analyzed Commenof Analyses d/m/24Hr. Spec195821 4119602 1.1Po-210196111 3.4\nc,3-L, ,\n X-10 H S Reports Summary ResultsGross Alpha, FecesYearTotal Number Weekly Average Highest Specimen Analyzed•of Analyses dlm/24Hr Spec195889017.1990 9593616.941.2x1031196074 None1961378 None1962681963911964100196573 .196631967319682.\n X-1O H S Reports Summary ResultsLead, UrineYearTotal Numberof AnalysesWeekly AverageHighest Specimen Analyzedmg/liter of urine19581502.90.29 I\nD3-4\n X-1O H S Reports Summary ResultsRadium,UrinYearTotal NumberWeekly AverageHighest Specimen Analyzedof Analyses dImI24Hr. Spec19581893.6. 111959140.2.690.8319607,6.2x1031961:: 0.4\nD3\n X-10 H S Report Sunhrni ResultsPhospho,rus-32, UrineYearTotal NumberWeekly AverageHighest Specimen Analyzedof Analyses dlm/24Hr. Spec1959120.236.5x105.196020..1.5x103196110 5.8x10319624 .19634.1964.15.1965None1966NOne .1967None196940 ...\n X-10 H S Rèpdrt Summary ResultsCesium, UrineYearTotal Number Weekly Average Highest Specimen AnalyzedCommentof Analyses dImI24Hr. Spec1959571.14.4x10319609.4.9x10 3Cs-137196139 790Cs-I 37196243196342196498..1965146 Cs-1371966182 Cs-1371967175 Cs-1371968198 .Cs-1371969301 Cs-1371970198..19711501972251973102 .197455 . .197516 ,19763419773 .•I\n03-q\n X-1O H S Report Summary ResultsProtactinium-23 UrineYearTotalNumber WeellyAverageHigheat Specimen AnalyzedCommentsof Analyses ,d/mI24Hr., Spec19602.•21961,14,.'12\nD- 10\n X-1O H S Reports Summary ResultsGross Alpha, UrineYearTotal NumberWeekly AverageHighest Specimen Analyzed lof Analyses .dlm/24Hr. Spec•195896618.23.6195982115.792.48.19601926 .219611687 13.1962,3059196334831964697196822 ,\nD3-I\n X-1O HS Reports Summary Results,GrossAlph, ,rhie\n X10 H S Report Summary ResultsTritum, UrineYearTotal NumberWeekly AverageHighest Specimen Analyzedof Analyses uc/liter of urine1958210.441959340.65150 ..19608 5.0x107196262 '1963121 ..a1964187 . .,1965104196652419673181968134•.1969163 •19702581971130 . .197258• . .197378 .1974136 .197593 ,19761601977184 .1978229..19794011980169 .1982132 . .\n'3\n X-1O H S Report Summary ResultsTritum, Urine\n X-10 H S report Summary ResultsStrontium, UrifleYearTotal NumberWeekly AverageHighest Specimen Analyzed comthentsof Analyses ,d/m/2IHr. Spec19581452.'27.9165,000d/m/24Hr. Spec1959.1056.20.31\".3.2x10419603 21.Sr-851960357 . 3.3x105 , Sr-891960'625 '. 6.2x10'3 . Sr-9019614 . 120 . Sr-8919611318 1.4x104 Sr-9019622800 , Sr-9O19624. Sr-8919633007...., .1964259—\n.....19652628.,.19661871 . ..1967194819681262 ' .19691569 ,1970806.. .1971725 .1972389 '. .19734961974308,...1975315 . ,,1976218.1977175 ,19781631979224 . ..1980245 .1982 .145\n X-1O H S report Summary Results\n•Strontium, Urine\n• •\no3-I\n X-i0 H S Report Summary ResultsUranium, UrineYearTotal NumberWeekly Average Highest Specimen Analyzedof Analyses d/mI24hr. Spec1958120323.1 1400195978915.17 93.I1960501, 131961612 1601962509•\n.,1963932..19641095•19651929.1966998. .1967826 ...1968594 ,1969609,1970338 .1971337 .1972306 .19733301974 .214197523619762571977194 .1978249 .1979322 .19802691982141. .\n X-10 H S Report Summary ResultsCurium-244, UrineYearTotal Numberof Analyses196550219664671967427.19684691969606197058719715011972556197368019744661975397197654119773641978433197930219802951982357a1\n X-1O H S Report Summary ResultsNeptu.niuni, YrneYearTotal Numberof Analyses201969 .7\n X-1 0 H S Report Summary Results\n• •Cobalt-60, Urine\n•Yerotal Numberof Analyses• 1969.1521\n X-10 H S Report Summary ResultsRuthenium-I 06, UrineYearTotal NumberWeekly AverageHighest Specimen Analyzedof Analyses dlm/24 Hrs Spec.19603 2319625 .196381964419651628..196615196744196926 S. ,\n D-4X-1OHa1thPhysics Report Occurrence Data Summary\n ) X-10 Site Frequency of Occurences by Division \nDivision 1961 1962 1963 1964 1965 1966 1967 1968 1969 1970 1971 1972 1973 1974 1975 Total by Division \nAnalytical Chemistry 3 5 9 3 6 1 3 4 1 1 1 - 37 \nBiology 1 1 2 1 1 1 1 8 \nChemical Technology 19 13 11 3 8 3 4 5 4 2 1 1 4 3 3 84 \nChemistry 2 1 1 1 1 6 \nPlant & Equipment 4 3 1 2 2 2 1 - 15 \nInspection Engineering 1 1 1 - 1 4 \nElectronuclear Research 7 1 1 9 \nEnvironmental Sciences 1 1 \nHP 1* 1 2 1 4 \nInstrumentation & Controls I • I \nIsotopes 9 18 5 12 10 8 4 6 2 3 4 5 2 88 \nMetals & Ceramics 5 2 1 1 1 1 1 1 1 14 \nNeutron Physics 3 3 2 2 1 11 \nOperations 12 6 9* 3 8 4 2 2 2 2 3 1 3 48 \nPhysics 1 2 3 3 2 1 1 1 14 \nReactor 7 2 3 I 13 - \nReactor Chemistry 1 ii 3 \nSolid State I I I 1 4 \nThermonuclear I - I \nTotals: 75 55 34 29 41 22 16 20 12 9 10 11 10 10 II \n X-10 Frequency of Occurences by Building\nBldg19601961196219631964.20002'.11,'.3001 2.230054'HI' •213010 •113019'II16' 91753O2322H 2, I3026-C2 1.3026-D .2.,.3028222 I30292113031•I. 13032.,2•.3033 1.23038,312304235 .3.3350.8211 135176383 5.35501 224500N22.114501354507 ,2315500 •2.I37500.5.777002'19201-24.8.19204-161 19204-34 1 2920721129213221Misc.'1064urial On. #5 11\n Appendix E\n, .\n E-iX-1OQuestionnaireResults Summary\n X-1O Risk MappingQuestionaire ResultsNo. of RespondentsReporting Exposure%\n,2586.2 '''2482.823,79.321'72.420'69.0Solvents2069.02069.018,62.11758.61655.2'1655.2'1655.2,1655.2'1655.2Hardeners1655.21551.71551.71551.7(Transuránics), 1448.31448.31344.81344.8Hydrofluoric Acid1241.41241.41241.41241.4metals) 1137.9(wood,coal,fibers,etc) 1034.51034.5(TCE),1034.51034.5\n,931.0Solvents 827.6827.6827.6salt\")827.6724.1Chloride724.1724.1620.7620.7620.7517.2j-I\n X-1O Risk MappingQuestionaire ResultsNo. of RespondentsReporting ExposureChemicalRepetitive Movement!vibrations 517.2Technicium (Tc-99) 517.2U03 (orange cake material) 5172Acrylonitrile 413.8Arsenic 413.8Chlorine Trifluoride (C1F3 —TreatmentGas)4.13.8Uranium (235,238) 413.8Plutonium (239,241) 413.8Bromine Trifluoride 310.3Vinyl Chloride 26.9Strontium-90 26.9Cesium-137 26.9Stoddard Solvent 13.4Curium-244 I3.4Tritum 13.4Iodine-131 I3.4\n E-2Y-12 Questionnaire Results Summary\n Y-12 RiskMappingQuestionaire ResultsNo. of RespondentsReporting Exposure% ChemicalBeryllium 3681.84sbestos 3375.0'Toise 3375.0Radiation 3375.0Jranium metal 3375.0Degreasing Solvents 3272.7Freon 3170.5Cutting Oils 3068.2MerCury 3068.2Lead 2965.9Acetone 2863.6Dusts(wood,coal,fibers,etc). 28:63.6Epoxy Resins /Hardeners 2556.8Aluminum 2454.5PCBs 2454.5.Welding Fumes 2147.7Copper 2045.5Fluorine orHydrofluoric Acid(HF) 2045.5Trichioroethane 1943.2Metals (other metals) 1738.6Nickel 1738.6Nitric Acid 1738.6Carbon Tetrachloride 1636.4Chlorine 1431.8Fission Products 1431.8Thorium-232 1431.8Chlorinated Solvents 1329.5Trichioroethylene(TCE), \"Trico\" 1329.5Cadmium 1227.3Repetitive Movement'vibrations12.\n27.3Resins 1227.3Benzene 1125.0Chromates 1125.0Methylene Chloride 1125.0UF4 (\"Green salt\") 920.5Chromic Acid 818.2MEK 818.2Phosphates 818.2Plutonium(Transuranics) 818.2\n Y-12 Risk MappingQuestionaireResultsNo. of RespondentsReporting Exposure%715.9715.9613.6.5..11.4511.44.9.14.9.14'.9.149.136.8cake'36.8Trifluoride24.5TrifluorideTreatment Gas)2.4.5Solvent '24.5(Tc-99)2 .'4.524.500.0\nE\n Appendix FExternal Dose Summary Results\n X-IOCEDRExternal Dose Summary Results0-1 REM1-2REM2-3 REM3-4REM4-5 REM5-6 REM6-UP REMI Max WBTotal Monitored19434458 1.4315261944105139295•21 3.875458719459463413621' 333119468124611I11 5.315311819476722910921 5.536541948122134148 . .3.8454278194967442311853 5.2228421950995712752I36.485•39221951874874515173 5.74'480019521332110492528222111.875 498519531617•131482726136944871954169991313015181311.82,5021955188114985—4023699.43195623201617933198108.355 5577195733312115813829142666.635,54721958389326778.2413658.23575519593931246lOd3726469.035968196031162103516105 5:87589219618773581 2.631814519621376736 388.608* .2334619631220732.1.911879419641128715 . 181651965535791 2.3•176721966 . 263751967641811 1.572736819685871101 2.926173196944025 226067197038793 1.8824330197138794--,________ 1.2123124197235205 1.1523672197337562-I 1.842211019743965 1 1 1.252352919753045 1 125192I •26647 19763148 1•19772669 1 1.742832219782544 1 1.0329698197925470 0.622581119801696.0 0.882622619811738 11 2.092636319821472 0.822422619831665 . 0.722263319841700 — 0.82288419851553* Data point could not0.7622421\nbe confirmed on other sources.\nF-I\n X4OCDEREPIExternal Dose Summary ResultsYEAR0-1 REM1-2 REM2-3 REM3-4 REM4.5 REM5-6 REM6-UP REM Max WB\n•19437184 ,,'1.43194412482846217 , 3.8819451280.72,,14\" 4,27'5.7051946103744131'1, ••4.7051947679.23791,, 5.10519481103''27119,' ,3.845\n•194967032231653 5.22195091959234'2 1.36.4851951822724215'15,3 ,5.7419521245954022•24181711.8751953151210744252213.38.53519541540792825' 10'151310.6351955169213377'36'2158.4319562032143.732815798.35519572806190'228' 6636•26122366.63519583237 662014558.2319593259224812721339.0319602628.176• 28. 1564 5.871961307411212812 •6.2819623667136 •24,12 • 3.7651963337413515•55. 4.891964383811220.61• 4.17•• 19652243843051 4.41196620879722•53 4.8519671965108349•3 5.11968.1816732173•• 4.461969148661102 3.791970141546,42 .3.51971•1315'4095.1 4.9519721111•50825 4.881973118750831• 4.63197413472151 3.581975976' 345 •:2.67• 3.42 197686337•511977• 68019102 3.621978••759176••• • 2.991979520232 ••2.1119803741641 3.141981285171• 1. 3.831982225141 2.111983 •223161 2.4419842378 1.8919851906 1.4\n YEAR 0-1 REM 1-2 REM 2-3 REM 3-4 REM 4-5 REM 5-6 REM 6-UP REM Max WB SKIN (REM) HAND (REM) COMMENTS - \n1959 • 260 95 40 25 10 - - \n1960 204 35 15 9 5 5500 \n1961 141 17 8 2 2 2 . Fingers&Thumb 1200 REM, 300 REM \n1962 158 44 10 7 no data \n1963 178 22 9 5 1 5.1 9rem 18.2 rem \n1964 148 35 9 1 20.7 14.4 \n1964 10.2 \n1965 124 38 9 4.4 8.1 51 \n1966 129 34 19 3 4.9 16 25 \n1967 140 — 54 17 3 5.1 11 25 \n1968 103 39 9 5 4.71 13 12 \n1969 90 25 2 3.79 8.8 33 \n1970 65 8 2 1 4.04 10 56 \n1971 61 13 5 2 4.95 8 31 \n1972 78 13 2 7 4.88 10 52 \n1973 • 66 17 3 1 . 4.63 84 19 \n1974 33 7 1 • 3.58 12.6 22 \n1975 58 13 • 2.71 11.3 22 \n1976 61 9 3 0 0 0 3.49 16 15 \n1977 34 14 3 0 0 0 3.62 5 14 - \n1978 39 6 1 0 0 - 3.34 4.3 26 - \n1979 46 9 0 0 0 2.8 3.6 12 \n1980 35. 10 1 0 0 31.4 9.3 11 \n1981 38.3 - \n1982 28 1 0 0 0 2.11 6.5 6.5 ) \nX-loHandSReports \nExternal Dose Summary Reports \n Y-12CEDRExternal Doses Summary ResultsYEAR.1-.5REM .5-1 REM1-2 REM>2 REM Total Monitored195243'0 17'195318210 :27195440'002219557711'0851956.•56936'60•'12141957633291Q''171019581118::5'.. 023241959•1340372'12838\n,19601459192037401961160610121••17,640\n.1962189340'2370,________21,6221963, 884,•7•77131964104016479091965•75414'.0..14,531'19661057341•11,4341967665212.\"210,46519685545I'4•14,376\n•19698992901•20,88619701012'...122.I22,8831971750201..4,2061972450'5. 007,7041973.369.6,0'. 0''7,323'1974'853130014,438\n,19751976206254804000-5,5476,041,977165' 7005,9281978355 ,000.'.10,431'1979•1770003,4951980591''27'12.10 '18142624 ,1.0', 1,3881982. 7092000•. 1,8751983770,16011,9631984 •529,8.101985'•.•'\n" }

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{ "pdf_file": "ZKNFU42LM7BXETBTWEC42DOXCGU2MDLS.pdf", "text": " \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n iii Decem ber 2 009 \nDirector’s Message\n \nAs the new year approaches, I’d like to reemphasize our commit­\nment to presenting our statistics in plain language and easy-to­\nread formats as well as in more technical presentations. We’ve \nalso tried to make it easier for our customers to access and down­\nload our statistics inter actively. The SURVEY OF CURRENT BUSINESS , \nboth the tradit ional printed publication and the online version, \nhas been a big part of our efforts. \nOver the past 12 months, we’ve made some improvements to \nthe S URVEY . We’ve taken steps toward integrating our interactive \ndata featur es with our traditio nal data pr esent ations. We’ve en­\nhanced our online S URVEY search engine. We’ve made our articles \nmore Web friendly. And we’ve continued to publish BEA Brief­\nings and Research Spotlights that explain important services and \nresearch in a less technical fashion. \nWe look forward to the new year. There are many initiatives \nunderway that will result in new prod ucts and servic es from the \nBureau of Economic Analysis. As alwa ys, the SURVEY will be a \nprime tool in communicating these developments to our users. \nWe apprec iate your comments and questions. \nJ. Steven Landefeld \nDirector, Bureau of Economic Analysis " }

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{ "pdf_file": "F5H4P3SVLYMD7CM2HIICOSAGODB6N3JT.pdf", "text": "Licensing and Certification Current Valid Licenses (Q) - Individual\nLicensee Name Type Number Issued or Renewed Address City County Categories Expiration Date\nPCA CHICO, CA 95973 12/31/2011 QUACKENBUSH, JAMES J 71403 N 01/01/2010\nQAC SAN LUIS OBISPO, 12/31/2011 QUALEY, KEVIN 95425 N 01/01/2010\nPCA CHICO, CA 95928 12/31/2011 QUALLS, RYAN T 71099 N 01/01/2010\nQAC MONTCLAIR, CA 12/31/2011 QUAN, FRANK G 86967 N 01/01/2010\nQAC COVINA, CA 91724 12/31/2011 QUANSTROM, KEVIN K 80099 N 01/01/2010\nQAC SANTA CLARA, CA 12/31/2011 QUANZ, CHARLES V 83474 N 01/01/2010\nQAL MODESTO, CA 95358 12/31/2011 QUARESMA, FRANK D 105228 N 01/01/2010\nQAC ELK GROVE, CA 12/31/2011 QUARESMA, PAUL J 77171 N 01/01/2010\nQAC WALNUT CREEK, CA 12/31/2011 QUARTAROLI, WILFRED K 107301 N 01/01/2010\nPCA ACAMPO, CA 95220 12/31/2011 QUASHNICK, STEVEN C 75796 N 01/01/2010\nQAC HOLLISTER, CA 12/31/2011 QUEJADA, ROBERT 79392 N 01/01/2010\nQAC LODI, CA 95242 12/31/2011 QUENZEL, JR, ROBERT J 88864 N 01/01/2010\nQAC BENICIA, CA 94510 12/31/2011 QUESADA, CHRIS J 85512 N 01/01/2010\nQAL SAN BERNARDINO, 12/31/2011 QUEZADA, CAIN 108369 N 01/01/2010\nQAL VENTURA, CA 93003 12/31/2011 QUEZADA, EMILIO C 101195 N 01/01/2010\nPCA VENTURA, CA 93003 12/31/2011 QUEZADA, EMILIO C 75880 N 01/01/2010\nPCA STRATHMORE, CA 12/31/2011 QUEZADA, HUMBERTO 73384 N 01/01/2010\nQAC HICKMAN, CA 95323 12/31/2011 QUEZADA, JOSE A 82749 N 01/01/2010\nQAC CITRUS HEIGHTS, 12/31/2011 QUEZADA, RAMON 85413 N 01/01/2010\nPCA BRAWLEY, CA 92227 12/31/2011 QUICK, LEXIE A 74669 N 01/01/2010\nPCA YUMA, AZ 85365 12/31/2011 QUICK, PAUL R 74894 N 01/01/2010\nQAL YUMA, AZ 85365 12/31/2011 QUICK, PAUL R 96964 N 01/01/2010\nQAC TEMECULA, CA 12/31/2011 QUIDOR, CHAD B 91997 N 01/01/2010\nQAC LIVE OAK, CA 95953 12/31/2011 QUIGG, JOHN 93858 N 01/01/2010\nQAL ROSEVILLE, CA 12/31/2011 QUIGLEY, EARL E 100345 N 01/01/2010\nQAL SAN DIEGO, CA 12/31/2011 QUIJADA, FRANK M 100152 N 01/01/2010\nQAL WINDSOR, CA 95492 12/31/2011 QUILTY, SCOTT T 108557 N 01/01/2010\nWednesday, February 24, 2010Page 1 of 2 Licensee Name Type Number Issued or Renewed Address City County Categories Expiration Date\nQAC CALIMESA, CA 92320 12/31/2011 QUIMAYOUSIE, DAVID F 107654 N 01/01/2010\nPCA HOLLISTER, CA 12/31/2011 QUINLAN, WILLIAM E 71227 N 01/01/2010\nQAC SANA ANA, CA 92705 12/31/2011 QUINLIVAN, WILLIAM D 93499 N 01/01/2010\nQAC LOS ANGELES, CA 12/31/2011 QUINN, DEL L 81737 N 01/01/2010\nQAL TULARE, CA 93275 12/31/2011 QUINN, ROBERT B 108517 N 01/01/2010\nQAC EL CAJON, CA 92022 12/31/2011 QUINN, STEPHEN A 85174 N 01/01/2010\nQAC SANTA ROSA, CA 12/31/2011 QUINN, THOMAS B 81017 N 01/01/2010\nQAL POMONA, CA 91766 12/31/2011 QUINTANA, CARLOS 105718 N 01/01/2010\nQAC SALINAS, CA 93901 12/31/2011 QUINTANA, JOSE 93832 N 01/01/2010\nQAL ANAHEIM, CA 92806 totalexter2811@sbcglobal.net 12/31/2011 QUINTANA, MICHAEL J 99231 N 01/01/2010\nQAL ALTA LOMA, CA 12/31/2011 QUINTANA, RON 102883 N 01/01/2010\nQAC SANTA MARIA, CA 12/31/2011 QUINTANAR, ANTONIO R 90503 N 01/01/2010\nQAC YUCAIPA, CA 92399 12/31/2011 QUINTERO, EDWARD 94170 N 01/01/2010\nQAC BRENTWOOD, CA 12/31/2011 QUINTERO, FRANCISCO 93397 N 01/01/2010\nQAC PLACENTIA, CA 12/31/2011 QUINTERO, GILBERT 95017 N 01/01/2010\nQAC SOLVANG, CA 93464 12/31/2011 QUINTERO, JESUS 89394 N 01/01/2010\nQAL SALINAS, CA 93905 12/31/2011 QUINTERO, JUAN C 109190 N 01/01/2010\nPCA SALINAS, CA 93905 12/31/2011 QUINTERO, JUAN C 118005 01/01/2010\nQAC SALINAS, CA 93905 12/31/2011 QUINTERO, MOISES D 86768 N 01/01/2010\nQAC BELLFLOWER, CA 12/31/2011 QUIRARTE, MANUEL 114483 01/01/2010\nQAL SHAFTER, CA 93263 12/31/2011 QUIROZ, EFREN 109298 N 01/01/2010\nQAC INDIO, CA 92202 12/31/2011 QUIROZ, JESUS 80084 N 01/01/2010\nQAL CHINO, CA 91710 12/31/2011 QUIROZ, LAWRANCE 122009 N 01/11/2010\nQAC SALINAS, CA 93901 12/31/2011 QUIROZ, OSCAR 86838 N 01/01/2010\nQAL GRIDLEY, CA 95948 12/31/2011 QUIST, COLLIN D 100496 N 01/01/2010\nPCA SAN DIEGO, CA 12/31/2011 QUIST, MATTHEW E 117453 01/01/2010\nQAC VENTURA, CA 93004 12/31/2011 QUISTAD, DAN F 77889 N 01/01/2010\nQAC RED BLUFF, CA 12/31/2011 QUITIQUIT, STEVEN D 84187 N 01/01/2010\nWednesday, February 24, 2010Page 2 of 2" }

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{ "pdf_file": "SWXZRJNZF6T5KP5U5WKDXL45TU34G632.pdf", "text": "Earthquake in Haiti\n\"The people of Haiti have been permanently impacted by the major earthquake that hit the\nisland this week. Furious rescue efforts are occurring across the country and specialized teams\nof search and rescue volunteers are being dispatched to the island by the hour. No time can be\nwasted in getting aid, supplies and rescuers to the people of Haiti as there is a continued effort\nto search for survivors in the rubble. Any donation or contribution, whether big or small, is\nimperative to this rescue effort and I would encourage those who are able to assist our fellow\nman in their time of massive crisis. I want to offer the assistance of my office to my constituents\nwho have any questions or concerns relating to this tragedy and will provide the information\nnecessary to keep concerned constituents informed and able to help.\"\n \n-Congressman Mike Arcuri\n \n Haiti Earthquake Resources \n \nThe thoughts and prayers of the entire Congress are with the people of Haiti. The United States\nand Members of Congress remain committed to helping the Haitian people recover from this\nlatest disaster and rebuild their homes, communities, and lives in the days and weeks to come.\nThe Obama Administration has launched a swift, coordinated and aggressive effort to save\nlives and support the recovery in Haiti, including an immediate investment of $100 million to\nsupport the relief efforts for life-saving equipment, food, water and medicine that will be\nneeded.\n \nLooking For Relatives\nFamilies of Americans living in Haiti who are trying to find the status of their loved ones are\nencouraged to contact the State Department at 1-888-407-4747. This line is experiencing a\nhigh volume of calls at this time, so some callers may receive a recording. To better handle \nthese requests, the State Department has established an e-mail address as well: Haiti-Earthq\nuake@state.gov\n.\n \nA top priority of the State Department is accounting for the thousands of American citizens who\nare currently in Haiti. US citizens in Haiti have been urged to contact the Embassy via email at \nACSPaP@state.gov\n 1 / 3 Earthquake in Haiti\nto request assistance or call the Embassy's Consular Task Force at 509-2229-8942,\n509-2229-8089, 509-2229-8322, or 509-2229-8672.\n \nThe Red Cross has also set up a Family Links website managed by the ICRC, in cooperation\nwith the tracing services of the Haitian Red Cross Society and of National Red Cross and Red\nCrescent Societies throughout the world, to assist in the process of restoring contact between\nseparated family members:\n \n - Family Links website for Haiti» \n - Cette page en français» \n \nMore Resources\n \n - White House» \n - State Department» \n - USAID» \n \nAssistance for Haiti Relief Efforts\nThe State Department has established a dedicated web page that offers advice for anyone\nwishing to provide assistance to those affected by the earthquake:\n \n - State Department Haiti Earthquake website» \n \nThe Center for International Disaster Information (CIDI) provides information and guidance in\nsupport of appropriate international disaster relief:\n \n - Center for International Disaster Information (CIDI) website» \n \nHow to Give\n According to the U.S. State Department and President Obama, monetary donations are the\n 2 / 3 Earthquake in Haiti\nmost efficient and effective way to help the relief effort in Haiti right now. They allow\nhumanitarian organizations to purchase the exact type and quantity of items needed by those\naffected by the crisis. You can immediately donate to the Red Cross to assist the relief effort\nthrough an instant donation effort sponsored by the Red Cross. Constituents can donate $10 to\nbe charged to your cell phone bill by texting \" HAITI\" to \"90999 .\" Or you can log on to the Red\nCross web site at http://www.r\nedcross.org .\n \nHaitian Earthquake Relief Fraud Alert\nThe FBI has issued a fraud alert, reminding Internet users who receive appeals to donate\nmoney in the aftermath of Tuesday's earthquake in Haiti to apply a critical eye and do their due\ndiligence before responding to those requests. Past tragedies and natural disasters have\nprompted individuals with criminal intent to solicit contributions purportedly for a charitable\norganization and/or a good cause. Therefore, before making a donation of any kind, consumers\nshould adhere to certain guidelines, to include the following:\n \n - Do not respond to any unsolicited (spam) incoming e-mails, including clicking links\ncontained within those messages. \n - Be skeptical of individuals representing themselves as surviving victims or officials asking\nfor donations via e-mail or social networking sites. \n - Verify the legitimacy of nonprofit organizations by utilizing various Internet-based\nresources that may assist in confirming the group's existence and its nonprofit status rather\nthan following a purported link to the site. \n - Be cautious of e-mails that claim to show pictures of the disaster areas in attached files\nbecause the files may contain viruses. Only open attachments from known senders. \n - Make contributions directly to known organizations rather than relying on others to make\nthe donation on your behalf to ensure contributions are received and used for intended\npurposes. \n - Do not give your personal or financial information to anyone who solicits contributions:\nProviding such information may compromise your identity and make you vulnerable to identity\ntheft. \n \nAnyone who has received an e-mail referencing the above information or anyone who may\nhave been a victim of this or a similar incident should notify the Internet Crime Complaint\nCenter at www.ic3.gov .\n \n \n 3 / 3" }

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{ "pdf_file": "W3JTW4IMEEKZW2FBJJZM4EOTPQNAOUXN.pdf", "text": "LEGISLATURE\nOF\nTHE\nSTATE\nOF\nIDAHO\nSixty-first\nLegislature\nSecond\nRegular\nSession\n-\n2012\nMoved\nby\nChew\nSeconded\nby\nWood\n(27)\nIN\nTHE\nHOUSE\nOF\nREPRESENTATIVES\nHOUSE\nAMENDMENT\nTO\nH.B.\nNO.\n502\nAMENDMENT\nTO\nSECTION\n1\n1\nOn\npage\n4\nof\nthe\nprinted\nbill,\ndelete\nlines\n34\nthrough\n50;\nand\non\npage\n5,\n2\ndelete\nlines\n1\nthrough\n22,\nand\ninsert:\n3\n\"a.\nAny\ncompound\nstructurally\nderived\nfrom\n3\n-\n(1\n-\nnaph\n-\n4\nthoyl)indole\nor\n1H\n-\nindol\n-\n3\n-\nyl\n-\n(1\n-\nnaphthyl)methane\nby\nsub\n-\n5\nstitution\nat\nthe\nnitrogen\natom\nof\nthe\nindole\nring\nby\nalkyl,\n6\nalkenyl,\ncycloalkylmethyl,\ncycloalkylethyl\nor\n2\n-\n(4\n-\nmor\n-\n7\npholinyl)ethyl\nto\nany\nextent\n,\nwhether\nor\nnot\nfurther\nsub\n-\n8\nstituted\nin\nthe\nindole\nring\nto\nany\nextent,\nwhether\nor\nnot\n9\nsubstituted\nin\nthe\nnaphthyl\nring\nto\nany\nextent.\n10\nb.\nAny\ncompound\nstructurally\nderived\nfrom\n3\n-\n(1\n-\nnaph\n-\n1\n1\nthoyl)pyrrole\nby\nsubstitution\nat\nthe\nnitrogen\natom\nof\nthe\n12\npyrrole\nring\nby\nalkyl,\nalkenyl,\ncycloalkylmethyl,\ncy\n-\n13\ncloalkylethyl\nor\n2\n-\n(4\n-\nmorpholinyl)ethyl\nto\nany\nextent\n,\n14\nwhether\nor\nnot\nfurther\nsubstituted\nin\nthe\npyrrole\nring\nto\nany\n15\nextent,\nwhether\nor\nnot\nsubstituted\nin\nthe\nnaphthyl\nring\nto\n16\nany\nextent.\n17\nc.\nAny\ncompound\nstructurally\nderived\nfrom\n1\n-\n(1\n-\nnaph\n-\n18\nthylmethyl)indene\nby\nsubstitution\nat\nthe\n3\n-\nposition\nof\n19\nthe\nindene\nring\nby\nalkyl,\nalkenyl,\ncycloalkylmethyl,\ncy\n-\n20\ncloalkylethyl\nor\n2\n-\n(4\n-\nmorpholinyl)ethyl\nto\nany\nextent\n,\n21\nwhether\nor\nnot\nfurther\nsubstituted\nin\nthe\nindene\nring\nto\nany\n22\nextent,\nwhether\nor\nnot\nsubstituted\nin\nthe\nnaphthyl\nring\nto\n23\nany\nextent.\n24\nd.\nAny\ncompound\nstructurally\nderived\nfrom\n3\n-\npheny\n-\n25\nlacetylindole\nby\nsubstitution\nat\nthe\nnitrogen\natom\nof\nthe\n26\nindole\nring\nwith\nalkyl,\nalkenyl,\ncycloalkylmethyl,\ncy\n-\n27\ncloalkylethyl\nor\n2\n-\n(4\n-\nmorpholinyl)ethyl\nto\nany\nextent\n,\n28\nwhether\nor\nnot\nfurther\nsubstituted\nin\nthe\nindole\nring\nto\nany\n29\nextent,\nwhether\nor\nnot\nsubstituted\nin\nthe\nphenyl\nring\nto\nany\n30\nextent.\n31\ne.\nAny\ncompound\nstructurally\nderived\nfrom\n2\n-\n(3\n-\nhydrox\n-\n32\nycyclohexyl)phenol\nby\nsubstitution\nat\nthe\n5\n-\nposition\nof\n33\nthe\nphenolic\nring\nby\nalkyl,\nalkenyl,\ncycloalkylmethyl,\n34\ncycloalkylethyl\nor\n2\n-\n(4\n-\nmorpholinyl)ethyl\nto\nany\nextent\n,\n35\nwhether\nor\nnot\nsubstituted\nin\nthe\ncyclohexyl\nring\nto\nany\nex\n-\n36\ntent.\n37\nf.\nAny\ncompound\nstructurally\nderived\nfrom\n3\n-\n(benzoyl)in\n-\n38\ndole\nstructure\nwith\nsubstitution\nat\nthe\nnitrogen\natom\n39\nof\nthe\nindole\nring\nby\nalkyl,\nalkenyl,\ncycloalkylmethyl,\n40\ncycloalkylethyl,\n1\n-\n(N\n-\nmethyl\n-\n2\n-\npiperidinyl)methyl\nor\n41\n 2\n2\n-\n(4\n-\nmorpholinyl)ethyl\nto\nany\nextent\n,\nwhether\nor\nnot\nfur\n-\n1\nther\nsubstituted\nin\nthe\nindole\nring\nto\nany\nextent\nand\nwhether\n2\nor\nnot\nsubstituted\nin\nthe\nphenyl\nring\nto\nany\nextent.\".\n3\n" }

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{ "pdf_file": "QDXB4QXFTS2ZBLD4UC23EGQ4SGJITFII.pdf", "text": " NEWS RELEASE \nNATIONAL AGRICULTURAL STATISTICS SERVICE \nUnited States Department of Ag riculture • Washington, DC 20250\nAg Statistics Hotline: (800) 727-9540 • www.nass.usda.gov \n \nCONTACT: Ellen Dougherty (202) 690-8122 \nJoseph Prusacki (202) 720-2127 \n \nHIGH FUEL, FERTILIZER PRICES TO LEAD TO \nFEWER PLANTED CORN ACRES IN 2006, USDA SAYS \n \nWashington, March 31, 2006 – The high cost of fuel and fe rtilizer is leading U.S. farmers to switch from corn to \nless input-intensive crops such as soybeans in 2006, according to the Prospective Plantings report released today by \nthe U.S. Department of Agriculture’s Nati onal Agricultural Statistics Service (NASS). \nProducers plan to plant 78 million acres of corn in 2006, down 5 percent from 2005. Meanwhile, they \nintend to plant a record-high 76.9 million acres of soybeans, up 7 percent. For all wheat, NASS expects planted area \nto remain almost unchanged from last season at 57.1 m illion acres, despite a major drop in durum wheat acres. \nCotton area is expected to rise 3 percent, to 14.6 million acres. \nExpected corn acreage is down in most states, the NASS report shows. Illinois expects the largest decline \nwith 700,000 fewer acres, a 6 percent drop from last y ear’s record level. The only states showing increases from \nlast year are North Dakota, Arizona and Utah, wh ile Minnesota remains unchanged from a year ago. \nFor soybeans, NASS reports expected acreage increases in all growing areas except the Atlantic Coast and \nin the southern Great Plains. The largest increase is in No rth Dakota, with a 41 percent jump to a record-high 4.15 \nmillion acres. Significant growth in soybean acreage is also expected across the Corn Belt, including Illinois, with a \n6 percent increase to 10.1 million acres, and Indiana, with a 9 percent jump to 5.9 million acres. \nAll wheat planted area is expected to total 57.1 million acres, down slightly from 2005. Winter wheat \nacreage is up 2 percent, while spring wheat is down 1 percent. Intended durum wheat planted area is 1.83 million \nacres, down 34 percent from the previous year. If realized, th is will be the lowest durum wheat acreage since 1961. \nU.S. cotton producers intend to plant 14.6 million acres in 2006, 3 percent more than last year. Upland \ncotton area is expected to total 14.3 million acres, also up 3 percent. American-Pima cotton growers intend to \nincrease their plantings 24 percent from 2005, to a record 334,000 acres. \nNASS reports that U.S. acreage planted to oats will incr ease 2 percent in 2006, while dry edible bean acres \nare up 3 percent and sugar beet acres are up 6 percen t. Sorghum and hay acreage are virtually unchanged. \nMeanwhile, barley acreage is expected to decline 5 percent from last year, with rice down 12 percent, peanuts down \n16 percent and sunflower down 19 percent. \nThe Prospective Plantings report provides the first official estimates of U.S. farmers’ planting intentions \nfor 2006. NASS’s acreage estimates are based on surveys c onducted during the first two weeks of March among a \nsample of more than 87,000 farm operators across the United States. \n Prospective Plantings , along with all other NASS reports, is available online at www.nass.usda.gov . \n### " }

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{ "pdf_file": "HVZOYBB4ECW5PRQZVXHPIH546HLFSCAH.pdf", "text": "Joint Hurricane Testbed Transitioning from Research to Operations \nJoint\t\r  Hurricane\t\r  Testbed\t\r  is\t\r  funded\t\r  by\t\r  the\t\r  US\t\r  Weather\t\r  Research\t\r  Program\t\r  in\t\r  NOAA/OAR's\t\r  Office\t\r  of\t\r  Weather\t\r  and\t\r  Air\t\r  Quality.\t\r  \t\r  \nShirley Murillo – NOAA/AOML Jiann-Gwo Jiing and Chris Landsea – NOAA/NHC  Bridge hurricane research and operations  Began in 2001 under the USWRP  Mission: successfully transfer new technology, research results and observational advances from research groups to operational centers  Testing is done at NHC or EMC Joint Hurricane Testbed (JHT) since 2001 US Weather Research Program`s vision USWRP Goals relating to hurricane landfall forecasting  To reduce landfall track and intensity forecast errors by 20%.  To increase warning lead-time to and beyond 24 hours with 95% confidence without increasing the present 3-to -1 over warning.  To make skillful (compared to persistence) forecasts of gale- and hurricane-force radii out to 48 hours with 95% confidence.  To extend quantitative precipitation forecasts out to 3 days and enhance skill of day-3 predictions to improve inland flooding forecasts. 5 \nMajor Activities 2001-2011  Funded initial round of 10 projects for a first year (FY01) (Mar - Sep 2001)  Developed Terms of Reference (Mar 2001- May 2002)  Appointed Director and 2 administrative assistants (all 25% NOAA FTE) (2001)  Formed Steering Committee (Mar 2002)  Procured hardware (Q3 2002)  Hired IT Facilitator (Jul 2002) Building the JHT 2001-02 6 \nPublic Private PIs/POCs connect on public JHT side 7 \n• Preparation, revision, and legal review of Announcement of Federal Funding Opportunities (AFFO) • AFFO released through Federal Register Notice (FRN) – Open to government, academic, and private sector applicants worldwide – List forecast center priorities – List forecast center IT configuration, available data and format – List project selection criteria – List criteria for operational acceptance • Review of pre-applications • Review and score of full proposals Activities associated with each funding cycle \nMajor Activities 2001-2011 Cont. 8 \n• JHT Directors recommend projects for funding • NHC assigns Point of Contacts (POC) for each project. POCs work with PIs and forecasters to define timelines/deliverables • Real-time testing and evaluation activities • PIs present progress (annual reports) at annual Interdepartmental Hurricane Conference (IHC) (www.ofcm.gov) • Review of second year funding for 2-year projects \nActivities associated with each funding cycle \nMajor Activities 2001-2011 Cont. 9 \n• PIs submit final reports when projects end • POCs and forecasters provide feedback to the JHT • JHT document IT evaluation on each project • JHT prepare final evaluation results and submit to NHC Director • NHC Director makes final decisions on operational acceptance (for non-modeling projects) • NHC/EMC/NCO implement accepted projects/techniques \nActivities associated with each cycle \nMajor Activities 2001-2011 Cont. 10 • Completed five rounds of projects • Final evaluations on fifth round projects completed • Sixth round projects started in 2011 \r\nMajor Activities 2001-2011 11 \nJHT Infrastructure Personnel  Quarter-time Director (NOAA FTE)  7-member Steering Committee  Three from NOAA (one NHC), two from DOD, and two from the academic community  NHC member serves as co-Chair  Two quarter-time administrative assistants (NOAA FTE)  One IT Facilitator (contractor) Computing Resources  Server and workstations  Software What does it take to support the JHT? \nJHT Steering Committee:   Ed Rappaport (NHC – Co-chair)   Ed Fukada (Joint Typhoon Warning Center)   Jeff Hawkins (Naval Research Laboratory)   John Gamache (Hurricane Research Division)   Liz Ritchie (University of Arizona)   Vijay Tallapragada (Environmental Modeling Center)   Hugh Willoughby (Florida International University) JHT Principal Investigators and other funded participants   John Cortinas and staff (OWAQ)   NHC and EMC forecaster and technical points of contact   NHC/Technical Support Branch IT staff JHT Staff: •  Jiann-Gwo Jiing (JHT Director) •  Jose Salazar (JHT IT specialist) •  Shirley Murillo (JHT Admin. Asst.) •  Chris Landsea (JHT Admin. Asst.) 13 Logistics  Dedicated physical space in operations, offices Personnel  TPC dedicating about 1.5 FTE spread across ~12 people  0.5 FTE reimbursed by USWRP for quarter-time JHT Director and one quarter-time JHT administrative assistant  TPC contributing 1.0 FTE, including TPC member on JHT Steering Committee, forecasters, and technical support staff  Forecaster and technical points of contact (POC)  Programming, system administration, and network support  Administrative support Computing Resources  Network connectivity  Operational data flow \nNHC Contributions to JHT JHT Proposal Review Criteria  Relevance to program goals (40 pts)  Research maturity (10 pts)  Priority-to-payoff factors (25 pts)  Other agency use (5 pts)  Technical merit (40 pts)  Risk-to-payoff factors (10 pts)  Testing (10 pts)  Operational usage (10 pts)  Technical compatibility (10 pts)  Overall qualification of applicants (10 pts)  Project costs (10 pts) 15 \nFactors in NHC Director’s Decisions for Operational Implementation (Listed in the AFFO announcement)  Forecast or Analysis Benefit: expected improvement in operational forecast and/or analysis accuracy  Efficiency: adherence to forecaster time constraints and ease of use needs  Compatibility: IT compatibility with operational hardware, software, data, communications, etc.  Sustainability: availability of resources to operate, upgrade, and/or provide support JHT Summary 2001-12 • Number of projects supported: 75 • 62 completed • 39.5 accepted for operational implementation • 6 projects completed but rejected • 9.5 projects completed but pending further investigation (decisions deferred) • 12 projects started in fall 2011 • Implementation • 35.5 projects implemented: (including 4 5th round projects) • 10 numerical modeling related projects implemented by EMC/NCO: • 24.5 projects implemented by NHC: • 4 projects accepted but not yet fully implemented by NHC: 17 \nImplementation  Some relatively easy  Some very complicated  NHC contributes ~0.5 FTE/yr on implementation  JHT IT facilitator assists in the process  NCEP/EMC and NCO also contributed Operational Centers are not funded for this task Rappaport et al. 2012 - The Joint Hurricane Test Bed, Its first decade of tropical cyclone research-to-operations activities reviewed, BAMS, March issue. \n62 projects by topic area JHT first five rounds Highlights of implemented projects Track guidance \n19 \nGFDL \nHWRF Guidance on guidance Highlights of implemented projects Intensity guidance \n20 \nInner core SST Probability of rapid intensification 012345678\n1224364860728496108120Forecast Time (hr)Percent ImprovementAtlantic (All Cases)Atlantic (Near Land)\nRevised SHIPS intensity forecast scheme Highlights of implemented projects Improved use of observations \nVORTRAC (Intensity estimates using coastal 88-D radars) Airborne Doppler Winds \nSFMR \nSatellite intensity and size estimates Highlights of implemented projects New products \n22 \nRainfall CLIPER Probabilistic wind forecast \n Funding Distribution 5th Round (2009-2011) 6th Round (2011-2013) \nUniversity University DOD/Navy NOAA NOAA DOD/Navy Private 2% Private 22% 12% 80% 61% 8% 9% 6% \nIncludes\t\r  NOAA\t\r  cooperaFve\t\r  inst.\t\r  \t\r  Includes\t\r  NOAA\t\r  cooperaFve\t\r  inst.\t\r  \t\r   Figure from Rappaport et al. 2012 2011-2012 Major JHT Activities - 5th round \n February – August 2011  Testing of 5th round (2009-2011) projects  August 2011  9 Projects completed (5th Rd)  JHT final evaluation/report on 5th round projects (through December)  Decision on acceptance for implementation (NHC and EMC Directors)  March 2012  Final decision made Highlights of 5th Round Completed Projects \nHWRF-GFDN coupled model- Ginis Ocean Model Parameterizations - Shay Improved Wind Probabilities – DeMaria/Knaff Enhanced ATCF - Sampson \n JHT: The Process • Call for Proposals – drafted and disseminated (bi-annually) • Principal Investigators apply for funding through NOAA • 7 member Steering Committee rates all proposals • Funded projects are tested during 1 or 2 hurricane seasons in conjunction with NHC/EMC points of contact • At the project’s end, each are evaluated by NHC/EMC staff • Implementation of successful projects are then carried out by NHC/EMC staff/PIs Forecaster Priorities (Listed in the AFFO announcement) Second Round (2003) 1. Intensity change, rapid intensification 2. lGuidance on guidancez for track, intensity and precipitation – probabilistic 3. Precipitation amount and distribution 4. Reduce the occurrence of guidance and official track outliers 5. Implement improved observational systems in the storm and its environment Sixth Round (2011) 1. intensity change, rapid intensification 2. Improved observational systems in the storm and its environment 3. lGuidance on guidancez for track, intensity and precipitation 4. Storm surge, coastal inundation modeling/applications 5. Improved and extended track guidance) and identify and removal of outliers 28 Modeling Priorities (Provided by EMC) \nSecond Round (2003) 1. Improved model development to advance track and intensity forecasts 2. Improved boundary layer representation for coupled air/sea/land models-hurricane rainfall and inland flooding problem 3. Improved targeting strategies for hurricane surveillance missions 4. Transforming results from field programs, e.g., Coupled Boundary Layers/Air-Sea Transfer (CBLAST), into tangible results for NWP models. 5. Diagnostic studies of storm scale structure changes from high resolution models \nSixth Round (2011) 1. General model improvements to advance NCEP global model track forecasts, improve 5-7 day 2. Diagnostic techniques to further increase the utility of global models in forecasting tropical cyclone genesis 3. Improvements specific to operational HWRF modeling system \n29 2011-2012 Major JHT Activities - 6th round \nPrimary\t\r  Area\t\r  of\t\r  Focus\t\r  #\t\r  of\t\r  Projects Improvements\t\r  to\t\r  dynamical\t\r  models\t\r  (for\t\r  track,\t\r  intensity,\t\r  and\t\r  precipitaFon\t\r  forecasts)\t\r  3\t\r  StaFsFcal\t\r  intensity\t\r  forecast\t\r  guidance\t\r  4\t\r  Enhancements\t\r  to\t\r  observed\t\r  data,\t\r  assimilaFon\t\r  4\t\r  Tropical\t\r  cyclone\t\r  structure/wind/wave\t\r  distribuFon\t\r  1\t\r  Total\t\r  12\t\r  • 6th round funding recommendation • Steering committee review proposals – Complete Feb 2011 • Rank and select proposals for funding • Work with Grants Office to fund selected projects • Find Point of contacts among NHC forecasters and support staff • Work with PIs to setup timelines for their projects • 6th round Projects (12) began Aug-Sept 2011 Average forecaster rating by topic area 50 projects (1-4 JHT rounds) Upcoming in 2012 • Decision on 5th round projects • Final reports for 5th round projects • POC feedback • JHT final review/reports to NHC Director for acceptance • Test and evaluation • Prepare real-time testing & evaluation for 6th round projects • Set up necessary software code and data flow • Implement newly accepted projects (NHC) • Draft and publish 7th round announcement • Funding Opportunity (summer 2012) • Review and recommend pre-applications JHT Web site: for additional info www.nhc.noaa.gov/jht Thank you Joint Hurricane Testbed Transitioning from Research to Operations \nJoint\t\r  Hurricane\t\r  Testbed\t\r  is\t\r  funded\t\r  by\t\r  the\t\r  US\t\r  Weather\t\r  Research\t\r  Program\t\r  in\t\r  NOAA/OAR's\t\r  Office\t\r  of\t\r  Weather\t\r  and\t\r  Air\t\r  Quality.\t\r  \t\r  \nShirley Murillo – NOAA/AOML Jiann-Gwo Jiing and Chris Landsea – NOAA/NHC " }

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{ "pdf_file": "JPJTTR2LAET64POSYUE4D3TMSHZ7QW67.pdf", "text": "Foreign Nationals Brochure \n 1 Foreign Nationals \nFederal Election Commission \nPublished in July 2003 \n \n \nIntroduction \nThe ban on political contributions and \nexpenditures by foreign nationals was first \nenacted in 1966 as part of the amendments \nto the Foreign Agents Registration Act \n(FARA), an “internal security” statute. The \ngoal of the FARA was to minimize foreign \nintervention in U.S. elections by establishing \na series of limitations on foreign nationals. \nThese included registration requirements for \nthe agents of foreign principals and a \ngeneral prohibition on political contributions \nby foreign nationals. In 1974, the \nprohibition was incorporated into the \nFederal Election Campaign Act (the FECA), \ngiving the Federal Election Commission \n(FEC) jurisdiction over its enforcement and interpret ation. \nThis brochure has been developed to help clarify the rules regarding the political \nactivity of foreign nationals; however, it is not intended to provide an exhaustive \ndiscussion of the election law. If you have any questions after reading this, ple ase \ncontact the FEC in Washington, D.C., at 1 -800-424-9530 or 202 -694-1100. Members of \nthe press should contact the FEC Press Office at 202 -694-1220 or at the toll free number \nlisted above. \nExcept where otherwise noted, all citations refer to the Act and FEC regulations. \nAdvisory Opinions (AOs) issued by the Commission are also cited. \n \n \nThe Prohibition \nThe Federal Election Campaign Act (FECA) prohibits any foreign national from \ncontributing, donating or spending funds in connection with any federal, state , or local \nelection in the United States, either directly or indirectly. It is also unlawful to help \nforeign nationals violate that ban or to solicit, receive or accept contributions or donations \nfrom them. Persons who knowingly and willfully engage in t hese activities may be \nsubject to fines and/or imprisonment. \n \n Foreign Nationals Brochure \n 2 Who is a Foreign National? \nThe following groups and individuals are considered “foreign nationals” and are, \ntherefore, subject to the prohibition: \n• Foreign governments; \n• Foreign political part ies; \n• Foreign corporations; \n• Foreign associations; \n• Foreign partnerships; \n• Individuals with foreign citizenship; and \n• Immigrants who do not have a “green card.” \n \nIndividuals: The “Green Card” Exception \nAn immigrant may make a contribution if he or she h as a “green card” indicating his \nor her lawful admittance for permanent residence in the United States. \n \n \nDomestic Subsidiaries and Foreign -Owned Corporations \nA U.S. subsidiary of a foreign corporation or a U.S. corporation that is owned by \nforeign nationa ls may be subject to the prohibition, as discussed below. \n \nPAC Contributions for Federal Activity \nA domestic subsidiary of a foreign corporation may not establish a federal political \naction committee (PAC) to make federal contributions if: \n(1) The foreign pare nt corporation finances the PAC’s establishment, administration, \nor solicitation costs; or \n(2) Individual foreign nationals: \n• Participate in the operation of the PAC; \n• Serve as officers of the PAC; \n• Participated in the selection of persons who operate the PAC; o r \n• Make decisions regarding PAC contributions or expenditure. \n11 CFR 110.20(i). \n(See also AOs 2000 -17, 1995 -15, 1990 -8, 1989 -29, and 1989 -20.) \n \nCorporate Contributions for Nonfederal Activity \nAdditionally, a dom estic subsidiary of a foreign corporation (or a domestic \ncorporation owned by foreign nationals) may not donate funds or anything of value in \nconnection with state or local elections if: \n(1) These activities are financed by the foreign parent or owner; or \n(2) Individual foreign nationals are involved in any way in the making of donations to \nnonfederal candidates and committees. 1 \n \n1 This means that foreign nationals may not participate in donation activity, allocate funds for donations, \nor make decisions regarding donations (e.g., selecting the recipients, approving the making of donations, or \napproving the issuance of do nation checks). Foreign Nationals Brochure \n 3 Please note that many states place additional restrictions on donations made to \nnonfederal candidates and committees. 11 CFR 110.20(i). (See also AOs 1992 -16, \n1985 -3, 1982 -10, and MUR 2892.) \n \n \nVolunteer Activit y \nGenerally, an individual may volunteer personal \nservices to a federal candidate or federal political \ncommittee without making a contribution. The Act \nprovides this volunteer “exemption” as long as the \nindividual performing the service is not compensated \nby anyone. 11 CFR 100.74. The Commission has \naddressed applicability of this exemption to volunteer \nactivity by a foreign national, as explained below. \nIn Advisory Opinion 1987 -25, the Commissi on \nallowed a foreign national student to provide \nuncompensated volunteer services to a Presidential \ncampaign. By contrast, the decision in AO 1981 -51 \nprohibited a foreign national artist from don ating his \nservices in connection with fundraising for a Senate \ncampaign. 2 \n \n \nNonelection Activity by Foreign Nationals \nDespite the general prohibition on foreign national contributions and donations, \nforeign nationals may lawfully engage in political acti vity that is not connected with any \nelection to political office at the federal, state, or local levels. The FEC has clarified such \nactivity with respect to individuals’ activities. \nIn Advisory Opinion 1989 -32, the Commission concluded that although foreign \nnationals could make disbursements solely to influence ballot issues, a foreign national \ncould not contribute to a ballot committee that had coordinated its efforts with a \nnonfederal candidate’ s re-election campaign. \nIn Advisory Opinion 1984 -41, the Commission allowed a foreign national to \nunderwrite the broadcast of apolitical ads that attempted to expose the alleged political \nbias of the media. The Commission found that these ads were not election influencing \nbecause they did not mention candidates, political offices, political parties, incumbent \nfederal officeholders or any past or future election. 3 \n \n \n2 The Commission has stated that this opinion is not superceded by AO 1987 -25. Individuals may obtain \nfurther guidance in this area by requesting an advisory opinion about their proposed activity. \n3 Individuals and committees should consider requesting an advisory opinion before engaging in other \ntypes of political activity involving foreign nationals. \n Foreign Nationals Brochure \n 4 Assisting Foreign National Cont ributions or Donations \nUnder Commission regulations it is unlawful to knowingly provide substantial \nassistance to foreign nationals making contributions or donations in connection with any \nU.S. election. 11 CFR 110.20(h). “Substantial assistance” refers to active involvement \nin the solicitation, making, receipt or acceptance of a foreign national contribution or \ndonation with the intent of facilitating the successful completion of the transaction. This \nprohibition includes, but is not limited to individ uals who act as conduits or \nintermediaries. 67 FR 69945 -6 (November 19, 2002). \n \n \nSoliciting, Accepting, or Receiving Contributions and \nDonations from Foreign Nationals \nAs noted earlier, the Act prohibits knowingly soliciting, accepting or receiving \ncontributions or donations from foreign nationals. In this context, “knowingly” means \nthat a person: \n• Has actual knowledge that the funds solicited, accepted, or received are fr om a \nforeign national; \n• Is aware of facts that would lead a reasonable person to believe that the funds \nsolicited, accepted, or received are likely to be from a foreign national; \n• Is aware of facts that would lead a reasonable person to inquire whether the \nsource of the funds solicited, accepted or received is a foreign national. \n11 CFR 110 .20 (a)(4) (i), (ii) and (iii). \nPertinent facts that may lead to inquiry by \nthe recipient include, but are not limited to the \nfollowing: A donor or contributor uses a fo reign \npassport, provides a foreign address, makes a \ncontribution from a foreign bank, or resides \nabroad. Obtaining a copy of a current and valid \nU.S. passport would satisfy the duty to inquire \nwhether the funds solicited, accepted, or \nreceived are from a foreign national. \n11 CFR 110.20(a)(7). \n \n \nMonitoring Prohibited Contributions \nWhen a federal political committee (a committee active in federal elections) receives \na contribution it believes may be from a foreign national, it must: \n• Return the contribution t o the donor without depositing it; or \n• Deposit the contribution and take steps to determine its legality, as described \nbelow. \nEither action must be taken within 10 days of the treasurer’s receipt. \n11 CFR 103.3 (b)(1). \n Foreign Nationals Brochure \n 5 If the committee decides to deposit the contribution, the treasurer must make sure that \nthe funds are not spent because they may have to be refunded. Additionally, he or she \nmust maintain a written record explaining why the contribution may be prohibited. 4 \n11 CFR 103.3 (b)(4) and (5). The legality of the contribution must be confirmed within \n30 days of the treasurer’s receipt, or the committee must issue a refund. 5 \nIf the committee deposits a contribution that appears to be legal, but later discovers \nthat the deposited contribution is from a foreign national, it must refund the contribution \nwithin 30 days of making the discovery. If a committee lacks sufficient funds to make a \nrefund when a prohibited contribution is discovered, it must use the next funds it \nreceives. 11 CFR 103.3 (b) (1) and (2). \n \n4 This information must be included when the receipt of the contribution is re ported. \n5 For example, evidence of legality includes a written statement from the contributor explaining why the \ncontribution is legal (e.g. donor has a green card), or an oral explanation that is recorded in memorandum. " }

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{ "pdf_file": "U7DUK2J5PKLFHRD5VN7MWJWRF23MHANT.pdf", "text": "From: leesha.fischer@gmail.com\nTo: E-OHPSCA2713.EBSA\nSubject: Comment: RIN 1210-AB44\nDate: Wednesday, September 07, 2011 12:46:35 PM\nTo Whom It May Concern:\nI am writing today to ask in the strongest way possible that you rescind the unjust and coercive\nmandate that all \"contraceptives\" and sterilization procedures be covered by private health insurance\nwith no co-pay to patients. If you do not reverse course I ask you to expand conscience protections for\nany organizations that provide individual and group insurance and have moral or religious objections. Istrongly oppose the government forcing free insurance coverage on Americans especially for drugs and\ndevices that I oppose because some of these can cause an abortion (such as ella and Plan B).\nI also ask you to reconsider your definition of religious employer and offer an authentic conscience\nprotection for any organization and business that has moral or religious objection to providing such\ninsurance to their employees. This legal mandate clearly violates the spirit of conscience laws which\nprohibit government discrimination against those who object to various health services on moral or\nreligious grounds. The definition of \"religious employer\" in the regulation is so narrow as to only includechurches, but will still mean that a host of businesses and organizations that have conscience objections\nwill be required to choose between either violating their conscience or not being able to offer employees\nhealth insurance.\nPlease protect the conscience rights of insurers, providers and people like me who object to being\nforced by the federal government to offer or subsidize contraceptives and sterilization services, especially\nwhen some of these drugs can take the life of early unborn children. No Americans should be forced by\nthe federal government to essentially subsidize services they object to. I again urge you in the strongestway possible to reverse course and remove contraceptives and sterilizations from the list of mandatory\npreventive services. \nSincerely,\nLeesha Fischer\nHayden, AL 35079" }

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{ "pdf_file": "Z4MKPGHSBSWXQDAPTZGIXYMGFXIGJQOV.pdf", "text": "3.28.11 Costa Introducing New Water Legislation\nCosta: Commonsense bill would mean more water, more jobs for the Valley\n \nFRESNO, CA – Congressman Jim Costa (D-Fresno) unveiled new legislation today that would\nbring significantly more water to Valley farmers and growers who receive water from the Central\nValley Project (CVP) and the California State Water Project (SWP).\n \nThe legislation would for four years provide congressional direction to implementation of the\nEndangered Species Act, restore operational flexibility for California water projects, and provide\nreasonable protection to threatened species. Specifically, the legislation would modify\nreasonable and prudent alternatives in the biological opinions for the operations of the CVP and\nthe SWP issued by the United States Fish and Wildlife Service and the National Marine\nFisheries Service.\n \n“Our streets are flooding, our food banks are going empty, and unemployment in the\nValley is nearing 20%. California’s water system is broken. We can fix it,” said Costa.\n“This commonsense legislation would bring needed flexibility to California’s water\npolicy. If this bill becomes law, our Valley would receive an additional 200,000 acre feet\nof water that could be put to good use this summer. This bill means more water, more\njobs, and a stronger economy for the San Joaquin Valley. It is time to put aside our\npolitical labels and get to work for the people of the valley by sending this bill to the\nPresident's desk.”\n \nThe legislation is supported by numerous Valley water districts, including Westlands Water\nDistrict and Friant Water Authority. Tom Birmingham, General Manager of Westlands Water\nDistrict, added, \"We are on track to have one of the wettest years on record in California,\nand farmers on the Westside of the San Joaquin Valley have been told that they can\nexpect to receive slightly more than half of their normal water supplies. This\nunimaginable situation is the result of rigid restrictions placed on operations of the\nCentral Valley Project under the Endangered Species Act, restrictions that the Court and\nthe National Academies of Science have found are not supported by science. The\nlegislation that Mr. Costa will introduce will change this situation.”\n \nJoe Del Bosque, owner of Empresas Del Bosque, Inc. of Los Banos, CA, and member of the\nCalifornia Water Commission, highlighted the positive effect this legislation would have on his\n 1 / 2 3.28.11 Costa Introducing New Water Legislation\nfarm: “With this additional water, we could grow another 120 acres of cantaloupes, 85\nacres of asparagus, and irrigate 500 more acres of wheat. The increase would bring 25\njobs to my farm alone and put food on the table for more Valley families.”\n 2 / 2" }

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{ "pdf_file": "QRWUEJ3NLZCZOXL2HTG2KMRCA6O42IG5.pdf", "text": "Walz Praises 30 Jobs Created in Waseca Through ARRA and Federal Loan Funds\nSays improvements to wastewater treatment system necessary for community growth\n \n \nWaseca, MN – Today, Congressman Walz toured two Waseca projects including a project to\ninstall new sewer pipelines and a new wastewater sewer treatment plant. The two projects\ncost a total of $16.1 million, $6 million of which came from the American Recovery and \nReinvestment Act (ARRA).\n \n \n \n“I toured the construction in Waseca today to see firsthand how federal tax dollars granted\nthrough the American Recovery and Reinvestment Act are being spent,” said Walz.  “I’m \npleased to report that Waseca has taken the funding and combined with loan dollars, has\ncreated 30 construction jobs.  Additionally, this project is important to residents and businesses\nbecause it will curtail the costly sewer backups that used to result from the outdated sewer\nsystem. ”\n \n \n \n“Revitalizing our infrastructure is critical to future economic growth in our region and this sewer\nand wastewater treatment upgrade will help make those opportunities available to Waseca. \nAlso, by upgrading the system, Waseca will be able to decrease drastically the number of\nsewer backups into the lake, improving the quality of life for the residents and tourists who\nenjoy using the lake,” concluded Walz.\n \n \n \n 1 / 2 Walz Praises 30 Jobs Created in Waseca Through ARRA and Federal Loan Funds\n“I am pleased that Congressman Walz is coming to Waseca to see the upgrades we’re making\nto our aging wastewater infrastructure and see firsthand the quality jobs being created in our\narea.” said Mayor Roy Srp. “The Congressman’s work on the American Recovery and\nReinvestment Act in Congress helped our community secure $6 million in funding for this\nproject which has created 30 jobs.  We all know that this money churns in our local economy\nproviding benefits to our local materials providers, hardware stores, gas stations, restaurants\nand main street shops.”\n \n \n \nThe pipe work is 75% complete and is expected to be finished by the end of 2009.  The sewer\ntreatment plant will be completed by August 2011.  The City of Waseca received $6 million in\nARRA principle forgiveness and a $9.8 million dollar loan from the PFA for 20 years at 2.63%\ninterest.\n \n \n \nThe loan funding for the project was put together through the Minnesota Public Facilities\nAuthority’s Clean Water Revolving Fund.  This fund receives a regular appropriation from the \nfederal government, however, the American Recovery and Reinvestment Act allowed them to\nincrease their investment in Minnesota community wastewater and drinking water systems by\nalmost 400 percent.\n \nWalz was escorted to the construction today by Waseca Mayor Roy Srp, Water and\nWastewater Sewer Superintendent Carl Sunnonberg and Ray LaFond of Bolton & Menk.\n \n-30-\n \n \n \n 2 / 2" }

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{ "pdf_file": "ZKGOIITRHIYI24D2FHP5NHRNQAWT6IQM.pdf", "text": "Approved by the South Carolina Budget and Control Board \nJune 17, 2008 \nAtlantic Compact Regional Waste \nAlternative Rate Schedule for Fiscal Year 2009 \nEffective July 1, 2008 \n \n \nOption A Pricing (applicable to Generators who do not elect Option B Pricing) \n \nFor all waste up to 100 cubic feet, other than Irradiated Hardware, Large Components, and \nSealed Sources (applicable waste): \n Class A waste: $297 per cubic foot \n Class B waste: $415 per cubic foot Class C waste: $445 per cubic foot \n Atlantic Compact Surcharge: $6.00 per cubic foot \n For all applicable waste in excess of 100 cubic feet: Use Maximum Uniform Rate Schedule \n \nFor Irradiated Hardware, Large Components, and Sealed Sources: Use Maximum Uniform \nRate Schedule \n \nOption B Pricing (at Generator’s election*) \n \nFor all applicable waste that does not exceed by 20% the Volume Projection provided by the \nGenerator: \n Class A waste: $297 per cubic foot \n Class B waste: $415 per cubic foot \n Class C waste: $445 per cubic foot \n Atlantic Compact surcharge: $6.00 per cubic foot \n \nFor any applicable waste that exceeds the Volume Projection by 20%: Use Maximum Uniform Rate Schedule. \n \nIf actual volume received for disposal is less th an the Volume Projection: $297 per cubic foot \nfor the difference between the projection and the actual volume received. \n \nIrradiated Hardware and High Dose Shipments (See Note B): Pricing will be calculated on a case-by-case basis in an amount sufficient to cover all additional operating costs incurred by \nthe site operator to dispose of the waste. \n Steam Generators and Other La rge Components (See Note C): Pricing will be calculated on a \ncase-by-case basis in an amount sufficient to cover all additional operating costs incurred by \nthe site operator to dispose of the waste. \n \nSealed sources: Not eligible for Option B pricing. Use Maximum Uniform Rate Schedule. \n \n*A generator may elect Option B pricing if they meet the following criteria: \n \n• Provide the disposal site operator by July 1, 2008 a firm projection of the volume \nof applicable waste to be shipped for disposal during the fiscal year, excluding \nirradiated hardware, large components, and any waste registered in Fiscal Years \n2007 and 2008 under the “Volume Hold” program. \n• Enter into a binding agreement with the disposal site operator by July 1, 2008 , \nthat describes the commitments that the disposal site operator and the Generator \nhave agreed to that will address any shortfall in operating revenues and Approved by the South Carolina Budget and Control Board \nJune 17, 2008 \nobligations. These commitments may include supplemental fees and charges \nthat are in addition to the rates described herein, if both the disposal site operator \nand the generator agree to such charges and if such charges are necessary in order to cover all operating costs and obligations. The binding commitments \nshall preclude the need [as described in 48-46-40(D)(2), South Carolina Code of \nLaws] to withdraw funds from the Barnwell Extended Care Fund to cover shortfalls in the event that overall disposal revenues are not adequate to cover \noperating costs and obligations. To be eligible for Option B pricing, a waste \ngenerator must submit a copy of such binding agreement to the South Carolina \nEnergy Office not later than close of business, July 1, 2008\n. \n \nNOTES: \nA. Surcharges for the extended care fund and decommissioning trust fund are included in the \ndisposal rates . \n \nB. Irradiated hardware and high dose shipments: As a general rule, case-by-case billing as \nirradiated hardware pertains to shipments of except ionally high activity that require clearing of the \nsite and special off-loading into a slit trench . These generally include CNS3-55, TN-RAM, and \nother horizontally offloaded cask shipments. In addition to items of irradiated hardware, if a \nshipment requires substantial sp ecial handling, due to exceptionally high package surface doses, \nadditional surcharges may be authorized by Board staff in an amount that will reimburse the site \noperator for costs that have not been budgeted. \n \nC. Large components: Pricing will be calculated on a case-by-case basis in an amount sufficient to \ncover all additional operating costs incurred by the site operator to dispose of the waste. Large \ncomponents include steam generators, reactor pressure vessels, reactor coolant pumps, or items \nthat require construction of special-sized disp osal vaults. Large components also include items \nthat may fit into the standard sized vault, but fi t so inefficiently due to their shape and geometry \nthat it is less costly to build a specially sized vault. \n \nBecause the disposal of large components is rare and is not considered as a factor in planning \nand budgeting for site operations, a reasonable suppl emental service fee may be authorized by \nBoard staff to cover the disposal site operat or’s costs for planning, consultation, feasibility \nstudies, cost estimating, regulatory consultati on, and other necessary costs that have not been \nbudgeted and accounted for as operating costs for the fiscal year. This supplemental service fee \nis applicable whether or not the generator ultimately commits to disposal of the large \ncomponent(s), and whether or not the waste is eventually disposed at the Barnwell site. \n Because the operating costs for disposal of lar ge components may be significantly affected by the \nnumber of such components and the schedule for del ivery, generators are strongly encouraged to \ncoordinate their plans for shipment of large com ponents to Barnwell in order to reduce unit costs \nthrough better economies of scale. Early in project planning, shippers are encouraged to consult \nwith the disposal site operator on designs and configurations that may reduce handling and \noffloading costs at the disposal site. \n \nD. Transport vehicles with additional shielding features may be subject to an additional handling fee \nwhich will be provided upon request. \n \nE. In certain circumstances, the disposal site operator may assess additional charges for necessary \nservices that are not part of and are additional to disposal rates established by the State of South \nCarolina. These include decontamination servic es and special services as described in the \nBarnwell Site Disposal Criteria. \n \nF. The disposal site operator has established the following policies and procedures which are \nprovided herein for informational purposes: \ni. Terms of payment are net 30 days upon pres entation of invoices. A per-month service charge \nof one and one-half percent (1½%) shall be levied on accounts not paid within thirty (30) days. \nii. Company purchase orders or a written lette r of authorization and substance acceptable to \nCNS shall be received before receipt of radioactive waste material at the Barnwell Site and shall \nrefer to CNS Radioactive Material License, the Barnwell Site Disposal Criteria and subsequent \nchanges thereto. \niii. All shipments shall receive a CNS shipment identification number and conform to the Prior \nNotification Plan. " }

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{ "pdf_file": "6OV4KF7OC77SI4QQ6W5MKPRKLFKJFMSA.pdf", "text": "Q20. Please describe any other or emerging issues that you believe should be researched? 20.01 Determine Pathogen survivability in a beach water environment. 20.02 Develop Program to Educate Public regarding Best Management Practices for storm-water water quality improvement and the Best Management practices for storm-water water quality improvement. 20.03 Determine Relationship between HAB's and E. Coli. 20.04 Impacts of land use/development on coastal water resources. 20.05 Relative risk at non-point source dominated beaches. 20.06 More Epi studies and develop local rip current info. 20.07 Develop BMP for Septic system operations. 20.08 Determine sanitary surveys impacts 20.09 Develop beach construction assessments. 20.10 Combined storm water discharge. 20.11 Micro pollutants levels. 20.12 Nitrogen and Phosphorous loading near shore. " }

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{ "pdf_file": "VCJ7JJLLASUDBR4Z54NLOWUBCMWVPCNT.pdf", "text": "Title 210 – NEBRASKA DEPARTMENT OF INSURANCE \nChapter 55 - RULE TO DEFINE STANDARDS AND DIRECTOR’S AUTHORITY \nFOR COMPANIES DEEMED TO BE IN HAZARDOUS FINANCIAL \nCONDITION \n001. Authority . This rule is adopted and promulgated by the Director of Insurance \npursua nt to Neb.Rev.Stat . §44 -101.01. \n002. Purpose . The purpose of this rule is to set forth the standards and guidelines which \nthe Director may employ to identify insurers that are in such condition as to render the \ncontinuance of their business hazardous to th e public or to holders of their policies or \ncertificates of insurance as provided for in Neb.Rev.Stat . §44 -4809, §44 -4810, §44 -4812 \nand §44 -4817. \n003. Scope . This rule applies to all domestic and foreign insurers. \n004. Standards . The following standards, e ither singly or a combination, may be \nconsidered by the Director to determine whether the continued operation of any insurer \ntransacting an insurance business in this state might be deemed to be hazardous to the \npolicyholders, creditors or the general publ ic. The Director may consider: \n004.01 Adverse findings reported in financial condition and market \nconduct examination reports; \n004.02 The National Association of Insurance Commissioners Insurance \nRegulatory Information System and its related reports; \n004.0 3 The ratios of commission expense, general insurance expense, \npolicy benefits and reserve increases as to annual premium and net investment income which could lead to an impairment of capital and \nsurplus; \n004.04 The insurer's asset portfolio when viewed in light of current \neconomic conditions is not of sufficient value, liquidity, or diversity to \nassure the company's ability to meet its outstanding obligations as they \nmature; \n004.05 The ability of an assuming reinsurer to perform and whether the \ninsurer's reinsurance program provides sufficient protection for the \ncompany's remaining surplus after taking into account the insurer's cash \nflow and the classes of business written as well as the financial condition \nof the assuming reinsurer; \n004.06 The insurer's operating loss in the last twelve month period or any \nshorter period of time, including but not limited to net capital gain or loss, \nchange in non -admitted assets, and cash dividends paid to shareholders, is \ngreater than 50% of such insurer's remaining su rplus as regards \npolicyholders in excess of the minimum required; \n004.07 Whether an affiliate, subsidiary or reinsurer is insolvent, threatened \nwith insolvency, or delinquent in payment of its monetary or other \nobligation; \n004.08 Contingent liabilities, pl edges or guarantees which either \nindividually or collectively involve a total amount which in the opinion of \nthe Director may affect the solvency of the insurer; \n004.09 Whether any \"controlling person\" of an insurer is delinquent in the \ntransmitting to, or payment of, net premiums to such insurer; \n004.10 The age and collectability of receivables; \n004.11 Whether the management of an insurer, including officers, \ndirectors, or any other person who directly or indirectly controls the \noperation of such insurer, fails to possess and demonstrate the \ncompetence, fitness and reputation deemed necessary to serve the insurer \nin such position; \n004.12 Whether management or an insurer has failed to respond to \ninquiries relative to the condition of the insurer or has furni shed false and \nmisleading information concerning an inquiry; \n004.13 Whether management of an insurer either has filed any false or \nmisleading sworn financial statement, or has released false or misleading \nfinancial statement to lending institutions or to t he general public, or has made a false or misleading entry, or has omitted an entry of material \namount in the books of the insurer; \n004.14 Whether the insurer has grown so rapidly and to such an extent that \nit lacks adequate financial and administrative c apacity to meet its \nobligations in a timely manner; or \n004.15 Whether the company has experienced or will experience in the \nforeseeable future cash flow or liquidity problems. \n005. Director's authority . \n005.01 For the purposes of making a determination of an insurer's \nfinancial condition under this rule, the Director may: \n005.01A Disregard any credit or amount receivable \nresulting from transactions with a reinsurer which is \ninsolvent, impaired or otherwise subject to a delinquency \nproceeding; \n005.01B Make appropriate adjustments to asset values \nattributable to investments in or transactions with parents, \nsubsidiaries, or affiliates; \n005.01C Refuse to recognize the stated value of accounts \nreceivable if the ability to collect receivables is highly \nspeculativ e in view of the age of the account or the \nfinancial condition of the debtor; or \n005.01D Increase in the insurer's liability in an amount \nequal to any contingent liability, pledge, or guarantee not \notherwise included if there is a substantial risk that the \ninsurer will be called upon to meet the obligation \nundertaken within the next 12 -month period. \n005.02 If the Director determines that the continued operation of the \ninsurer licensed to transact business in this state may be hazardous to the \npolicyholders or the general public, then the Director may, upon his \ndetermination, take such action as is authorized by the Insurers \nSupervision, Rehabilitation and Liquidation Act , Neb.Rev.Stat . §44 -4801, \net seq. In addition to taking any action authorized by §44 -4801 et seq. and \n§44-134, the Director's order may require such insurer to: \n005.02A Reduce the total amount of present and potential \nliability for policy benefits by reinsurance; 005.02B Reduce, suspend or limit the volume of business \nbeing accepted or renewed ; \n005.02C Reduce general insurance and commission \nexpenses by specific methods; \n005.02D Increase the insurer's capital and surplus; \n005.02E Suspend or limit the declaration and payment of \ndividend by an insurer to its stockholders or to its \npolicyholders; \n005.02F File reports in a form acceptable to the Director \nconcerning the market value of an insurer's assets; \n005.02G Limit or withdraw from certain investments or \ndiscontinue certain investment practices to the extent the \nDirector deems necessary; \n005.02H Document the adequacy of premium rates in \nrelation to the risks insured; or \n005.02I File, in addition to regular annual statements, \ninterim financial reports on the form adopted by the \nNational Association of Insurance Commissioners or on \nsuch format as p romulgated by the Director. \n006. Administrative and judicial review . Any decision or order of the Director pursuant \nto this rule shall be subject to an administrative hearing and judicial review in accordance \nwith the Administrative Procedure Act at the in stance of any party to the proceedings \nwhose interests are substantially affected. \n007. Severability . If any provisions of this regulation be held invalid, the remainder shall \nnot be affected. \n " }

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{ "pdf_file": "RLKGPI2MJLO7AEAI772IBBKWBRRWISBF.pdf", "text": "4/28/2008 This Week in Congress\n\r\nThis Week in Congress\r\n\r\n\r\nApril 28, 2008\r\n\r\n\r\n \r\n\r\n\r\nDear Friend,\r\n\r\n\r\n \r\n\r\n\r\nWelcome to \"This Week in Congress.\" I hope you find this newsletter useful.\r\n\r\n\r\n \r\n\r\n\r\nMeeting with Agriculture Secretary to Discuss Continued Farm Bill Delays\r\n\r\n\r\n \r\n\r\n\r\nOn Wednesday, I met with Secretary of Agriculture Ed Shafer. This was my first time visiting with Secretary Shafer, who\ntook over as head of USDA in January. I took the opportunity to discuss the lack of progress on the farm bill and ideas\nthat would speed up passage of a bill. The Secretary and I agree that as spring planting begins and summer harvest\napproaches, farmers need to know what type of farm policy they will be operating under in the current crop year.\r\n\r\n\r\n \r\n\r\n\r\nLate this week, a preliminary framework was agreed to by the Chairmen and Ranking Members of the House and Senate\nAgriculture Committee. We will know more about the framework as it is discussed in conference meetings over the course\nof the next several days, but from what I can tell, the priorities in this farm bill certainly do not reflect those of farmers and\nranchers. Funding is being redirected out of programs that support producers and into non-agricultural programs. This is\nfurther evidence of movement in a direction that is less friendly to farmers in Kansas and the small towns they live in. As\na member of the conference committee, I will be working to protect direct payments and the viability of crop insurance.\nBecause a bill was not passed this week, the farm bill was extended an additional week.\rCongressman Jerry Moran\nhttp://www.jerrymoran.house.gov Powered by Joomla! Generated: 30 July, 2008, 17:39 \r\n\r\n \r\n\r\n\r\nI welcome your comments about the farm bill. Click here to send me a message.\r\n\r\n\r\n \r\n\r\n\r\nVoting to Delay Medicaid Regulations\r\n\r\n\r\n \r\n\r\n\r\nThe House approved legislation this week to delay the implementation of seven Medicaid regulations for one year.\nMedicaid is a joint federal-state health insurance program for the poor. I am concerned these seven regulations would\npush more Medicaid costs on the states, narrow certain services provided by Medicaid and limit some state services\neligible for federal reimbursements. Without congressional action to delay these new administrative rules, Kansas and\nother states would be forced to pay for more of the health care costs associated with Medicaid. This legislation now goes\nto the Senate for consideration.\r\n\r\n\r\n \r\n\r\n\r\nVeterans' Benefits Bills Approved\r\n\r\n\r\n \r\n\r\n\r\nI participated in a Veterans' Affairs Subcommittee on Economic Opportunity hearing this week that approved several\nveterans' measures regarding housing, education and other benefits. The Subcommittee agreed to the Veterans\nEducation Improvement Act, a bill to improve veterans' educational benefits and modernize the Montgomery G.I. Bill.\nThis bill is the product of a series of Subcommittee hearings conducted since the beginning of last year to evaluate the\nG.I. Bill and explore improvements. The G.I. Bill should be updated, both to recognize the increased role of our Guard\nand Reserve members and to ensure that all veterans have the resources to attend school when they return from\nservice. I am hopeful Congress will act soon to modernize the G.I. Bill.\r\n\r\n\rCongressman Jerry Moran\nhttp://www.jerrymoran.house.gov Powered by Joomla! Generated: 30 July, 2008, 17:39  \r\n\r\n\r\nDiscussing our Nation's Rail Infrastructure \r\n\r\n\r\n \r\n\r\n\r\nOn Wednesday, I attended a Transportation and Infrastructure Subcommittee on Railroads hearing to discuss rail\ncapacity for our nation's railroads. Freight railroads currently move more than 40 percent of our nation's freight. The\nincrease in demand for freight services is threatening to overload the current capacity of America's rail infrastructure.\nMuch of the investment in rail infrastructure is made by the railroads themselves. During the hearing, we listened to\nvarious ideas on improving the amount of railroad track available throughout the country. \r\n\r\n\r\n \r\n\r\n\r\nTesting New Vehicle Technology on Earth Day\r\n\r\n\r\n \r\n\r\n\r\nAround the world on Tuesday, people marked Earth Day by taking time to consider ways to improve and protect our\nenvironment. I had the opportunity to test drive a plug-in hybrid electric car. With new advances in technology, these cars\noffer hope for reducing our dependence on foreign oil, cleaning up the environment and lowering fuel costs for American\nconsumers. Plug-in hybrids can be recharged in standard electrical outlets and driven up to 60 miles without the use of\ngasoline. Statistics show the average American commutes 40 miles round trip each day. This technology would allow\nsuch a person to drive all day without using any gas.\r\n\r\n\r\n \r\n\r\n\r\nOur foreign policy is distorted because of our reliance on oil from other countries. Switching to new forms of\ntransportation that run on electricity or renewable fuels will make our country more secure and should help Kansans\nstruggling to afford gas for their vehicles.\r\n\r\n\r\n \r\n\r\nCongressman Jerry Moran\nhttp://www.jerrymoran.house.gov Powered by Joomla! Generated: 30 July, 2008, 17:39 \r\nSenate Reaches Deal on FAA Bill\r\n\r\n\r\n \r\n\r\n\r\nAs more Americans travel by air, our nation's aging aviation infrastructure system becomes even more strained. We\nneed a modern air traffic control system that can handle the increase in passengers in a safe and efficient manner. In\nSeptember, I supported House passage of legislation to modernize the air traffic control system and fund the Federal\nAviation Administration (FAA) through 2011. While this bill passed the House, it had been stalled in the Senate. This\nweek, an agreement was reached that will bring this bill to a vote in the next few days. Importantly, the Senate\nagreement does not include user-fees on general aviation. I worked successfully in the House to defeat a similar\nproposal that would have increased general aviation user fees. Many of the general aviation aircraft and parts are made\nin Kansas and this user fee proposal would have harmed the local and state economy, as well as individual pilots across\nthe state. \r\n\r\n\r\n \r\n\r\n\r\nAttending the Kansas State Society Cherry Blossom Banquet\r\n\r\n\r\n \r\n\r\n\r\nOn Tuesday, I joined Kansans for the annual Kansas Society of Washington, D.C., Cherry Blossom Banquet. The event\nin D.C. was a great opportunity to meet many Kansans who work in our nation's capital to preserve our way of life back\nhome. I was honored to introduce the 2008 Kansan of the Year, Kroger Chairman and CEO Dave Dillon. Dillon was\nrecognized for his leadership in working to rebuild the Dillons/KWIK Shop convenience and grocery store in Greensburg\nfollowing the deadly tornado last year. Dillon's great-grandfather, J.S. Dillon, opened the first Dillon's grocery store in\nHutchinson nearly a century ago. Congratulations also to the 2008 Kansas Cherry Blossom Princess Justine Sterling,\noriginally of Kiowa. \r\n\r\n\r\n \r\n\r\n\r\nTouring the Lewis and Clark Center at Fort Leavenworth \r\n\r\n\r\n \r\n\r\n\rCongressman Jerry Moran\nhttp://www.jerrymoran.house.gov Powered by Joomla! Generated: 30 July, 2008, 17:39 I visited the Lewis and Clark Center at Fort Leavenworth this week. This was my first visit to the Lewis and Clark Center\nsince its opening in August 2007. The Lewis and Clark Center is the new home for the Command and General Staff\nCollege, which serves as a graduate school for approximately 1,200 Army majors and international military leaders.\nFollowing a tour of the facility, I met with Lieutenant General William Caldwell and State Representative Kenny Wilk.\nClick here to view a photo from my visit. \r\n\r\n\r\n \r\n\r\n\r\nVisiting Children's Mercy Hospital in Kansas City \r\n\r\n\r\n \r\n\r\n\r\nEn route back to Washington, D.C., this week, I visited Children's Mercy Hospital in Kansas City for a tour of the hospital\nand to meet with members of the staff and Board of Directors. Children's Mercy Hospital is a comprehensive pediatric\nmedical center and is ranked as one of the leading children's hospitals in the nation. It is the only Level I Pediatric\nTrauma Center located between St. Louis and Denver. Medical professionals provide care for children from birth to age\n18. \r\n\r\n\r\n \r\n\r\n\r\nI was impressed with the family-centered environment and the care they not only provide to the child, but also the\nsupport available for the families. The hospital staff shared with me several interesting statistics, including the fact that\nnearly one-fourth of all Kansas children admitted to any hospital are admitted to Children's Mercy. In 2007, Children's\nMercy provided care for children from 101 of the 105 Kansas counties. Children's Mercy also operates a primary care\nclinic in Wyandotte County, a full service general pediatrics hospital in Overland Park and has outreach clinics in Hays,\nManhattan, Pittsburg, Salina, Wichita and Junction City. Click here to view photos from my visit. \r\n\r\n\r\n \r\n\r\n\r\nAttending a Reception at Sterling College in Honor of President Bruce Douglas\r\n\r\n\r\n \r\n\r\n\r\nThis weekend, I attended a reception honoring Sterling College President Bruce Douglas who is stepping down as head\nof the college. The reception was hosted by the Sterling College Board of Trustees. President Douglas and I haveCongressman Jerry Moran\nhttp://www.jerrymoran.house.gov Powered by Joomla! Generated: 30 July, 2008, 17:39 worked together on many issues over the past several years. I appreciate his friendship and the good work he did at\nSterling College. I wish him the best in his retirement.\r\n\r\n\r\n \r\n\r\n\r\nIn the Office\r\n\r\n\r\n \r\n\r\n\r\nJeff Borchardt of Olathe and Jeff Voge of Overland Park were in with the Kansas City Board of Trade to discuss recent\noccurrences in the commodity futures markets. Ruth Ann Wefald of Manhattan was in with Experience Works to tell me\nabout the benefits this job training program provides to seniors and their communities. Rob Manes of Sedan was in with\nthe Nature Conservatory to discuss conservation programs in the farm bill. Representatives from the City of Lawrence\nwere in to discuss priorities for the city. The group included Sue Hack, Mike Dever, Bob Johnson, Bruce Passman, Linda\nRobinson, LaVerne Epp, Becca Booth, Dave Corliss and Bonnie Lowe.\r\n\r\n\r\n \r\n\r\n\r\nSteve Johnson of Overland Park was in with ONEOK, Inc. to discuss progress on the company's liquid natural gas\npipeline from Wyoming to Bushton, Kansas. Lisa Cornwell, Cierra Houlton and Andy Flores of Stafford were in to inform\nme of Stafford Middle School's efforts to prevent childhood obesity. Sunee Mickle of Topeka was in with Blue Cross Blue\nShield of Kansas to share her thoughts on Medicare Advantage plans. Emporia State University President Mike Lane\nand Judith Heasley of Emporia were in to discuss the university's proposed bioscience initiative. Wayne Roberts of\nWichita was in with the Pioneer Balloon Company to discuss legislation to amend the Consumer Product Safety Act.\nCarey Casey of Shawnee Mission was in with the National Center for Fathering to visit.\r\n\r\n\r\n \r\n\r\n\r\nJana, Brian, Trevor, and Matiel Lindley of Wamego were in with No Till on the Plains to introduce me to their organization\nand share the importance of no-tillage practices to the state of Kansas. Andy Haney of Ottawa was in with the American\nPublic Works Association to explain ways the association believes Congress can help with our country's infrastructure.\nDennis Schwartz of Tecumseh, Sharon Dwyer of Lawrence, Elmer Ronnebaum of Seneca and Tony Grant of Olathe\nwere in with the Kansas Rural Water Association to discuss our mutual support of funding for rural water programs.\r\n\r\n\r\n \r\n\r\nCongressman Jerry Moran\nhttp://www.jerrymoran.house.gov Powered by Joomla! Generated: 30 July, 2008, 17:39 \r\nGary Adams of Johnson was in with his wife, Betty, to share with me news of his recognition as the 2008 Kansas Small\nBusiness Person of the Year by the U.S. Small Business Administration. Gary is president and owner of Stanton County\nTrue Value Hardware in Johnson. In 2003, the town found itself facing the loss of one of its most needed and well\nestablished small businesses. The combination hardware store, lumberyard and farm implement dealership had been a\nfixture in the community for years and was scheduled to close until Gary decided to keep the store open.\r\n\r\n\r\n \r\n\r\n\r\nLandon Beesley of Gove was in with his parents Phil and Paula, and siblings Tyrel, Charis, Elannah and Valerie of Gove.\nLandon was honored in a special ceremony this week for his re-enlistment into the military. House Minority Leader\nDennis McKinney of Greensburg and State Representatives Eber Phelps of Hays, Doug Gatewood of Columbus and Jim\nWard, along with his daughter Emily, of Wichita also stopped by to visit\r\n\r\n\r\n \r\n\r\n\r\nSeveral Kansans stopped by my Washington, D.C., office this week for a tour of the United States Capitol building. Terry\nand Gloria Kelly and Holly Elwood of Hays, Pam Vignatelli of Overland Park, Larissa Beesley of Junction City, Chuck\nStevenson of Oakley, Debbie Vignatelli of Topeka and Vickie and Christa Wilson of Overland Park were in for a tour.\r\n\r\n\r\n \r\n\r\n\r\nVery truly yours,\r\n\r\n\r\n \r\n\r\n\r\nJerry\r\n\r\nCongressman Jerry Moran\nhttp://www.jerrymoran.house.gov Powered by Joomla! Generated: 30 July, 2008, 17:39" }

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{ "pdf_file": "5WEKPBBWFKF47XDYW5QBC36KFVBYJFE5.pdf", "text": "JOURNAL OF THE\n1002JUNE 4 T65.9\ncategory of the discretionary spending limits\nfor fiscal year 1993 (as defined in section\n601(a)(2) of the Congressional Budget Act of\n1974) for purposes of part C of the Balanced\nBudget and Emergency Deficit Control Act\nof 1985.\n(d) R EPORTING REQUIREMENTS .Ð(1) Not less\nthan 15 days before any obligation of funds\nunder this section, the Secretary of Defense,\nin coordination with the Secretary of En-\nergy, shall transmit to the committees of\nCongress named in subsection (e) a report on\nthe proposed obligation. Each such report\nshall specifyÐ\n(A) the account, budget activity, and par-\nticular program from which the funds pro-\nposed to be obligated are to be derived and\nthe amount of the proposed obligation; and\n(B) the activities and forms of assistance\nfor which the Secretary of Defense plans to\nobligate such funds.\n(2) Not later than 30 days after the end of\neach quarter of fiscal years 1993 and 1994, the\nSecretary of Defense, in coordination with\nthe Secretary of Energy, shall transmit to\nthe committees of Congress named in sub-\nsection (e) a report of the activities to re-\nduce the nuclear proliferation threat carried\nout under this section. Each report shall set\nforth the following:\n(A) Amounts spent for such activities and\nthe purposes for which they were spent.\n(B) A description of the participation of\nthe Department of Defense, and the partici-\npation of other government agencies in such\nactivities.\n(C) A description of the activities for which\nthe funds were spent.\n(e) C OMMITTEES TORECEIVE REPORT .ÐThe\ncommittees of Congress referred to in sub-\nsections (d)(1) and (d)(2) areÐ\n(1) the Committee on Armed Services, the\nCommittee on Foreign Affairs, and the Com-\nmittee on Energy and Commerce of the\nHouse of Representatives; and\n(2) the Committee on Armed Services and\nthe Committee on Foreign Relations of the\nSenate.\nSEC. 1206. SOVIET WEAPONS DESTRUCTION.\n(a) F INDINGS .ÐThe Congress findsÐ\n(1) that programs established under the So-\nviet Nuclear Threat Reduction Act of 1991\n(title II of Public Law 102±228) will contrib-\nute significantly to the destruction of weap-\nons of mass destruction of the states of the\nformer Soviet Union and the reduction of the\nthreat from such weapons and the potential\nfor their proliferation;\n(2) that it is in the national security inter-\nests of the United States to continue to re-\nduce the threats from the huge weapons ar-\nsenals of the former Soviet Union and to pro-\ntect against the potential proliferation of\nthese weapons and the materials removed\nfrom them, as well as the potential hazards\nresulting from the faulty storage of those\nweapons or materials; and\n(3) that the threats to nuclear safety and\nsecurity described in section 211 of the So-\nviet Nuclear Threat Reduction Act of 1991\n(title II of Public Law 102±228; 105 Stat. 1693)\nremain of urgent concern and that additional\nresources are necessary to meet these\nthreats, particularly in areas such as safe\nand secure storage of fissile material, dis-\nmantlement of missiles and launchers, and\nthe destruction of chemical weapons.\n(b) A DDITIONAL FUNDING .Ð(1) Section 221(a)\nof the Soviet Nuclear Threat Reduction Act\nof 1991 (title II of Public Law 102±228; 105\nStat. 1695) is amended by striking out\n``$400,000,000'' and inserting in lieu thereof\n``$650,000,000''.\n(2) Section 221(e) of such Act is amendedÐ\n(A) by inserting ``for fiscal year 1992 or fis-\ncal year 1993'' after ``under part B'';\n(B) by inserting ``for that fiscal year'' after\n``for that program''; and(C) by striking out ``for fiscal year 1992''\nand inserting in lieu thereof ``for that fiscal\nyear''.\n(c) T ECHNICAL REVISIONS TO PUBLIC LAW\n102±229.ÐPublic Law 102±229 is amendedÐ\n(1) in section 108 (105 Stat. 1708), by strik-\ning out ``contained in H.R. 3807, as passed the\nSenate on November 25, 1991'' and inserting\nin lieu thereof ``(title II of Public Law 102±\n228)''; and\n(2) in section 109 (105 Stat. 1708)Ð\n(A) by striking out ``H.R. 3807, as passed\nthe Senate on November 25, 1991'' and insert-\ning in lieu thereof ``Public Law 102±228 (105\nStat. 1696)''; and\n(B) by striking out ``of H.R. 3807''.\nIt was decided in the Yeas ....... 356!affirmative ................... Nays ...... 54\nT65.9 [Roll No. 160]\nAYESÐ356\nAbercrombie\nAlexander\nAllard\nAnderson\nAndrews (ME)\nAndrews (TX)\nAnnunzio\nArcher\nAspin\nAtkins\nAuCoin\nBacchus\nBaker\nBallenger\nBarnard\nBarrett\nBarton\nBateman\nBeilenson\nBennett\nBentley\nBereuter\nBerman\nBevill\nBilbray\nBlackwell\nBoehlert\nBoehner\nBonior\nBorski\nBoucher\nBoxer\nBrooks\nBroomfield\nBrowder\nBrown\nBryant\nBunning\nByron\nCallahan\nCamp\nCampbell (CO)\nCardin\nCarper\nCarr\nChandler\nChapman\nClay\nClement\nClinger\nColeman (MO)\nColeman (TX)\nCollins (IL)\nCondit\nConyers\nCooper\nCostello\nCoughlin\nCox (IL)\nCoyne\nCramer\nCrane\nCunningham\nDarden\nDavis\nde la Garza\nDeFazio\nDeLauro\nDellums\nDerrick\nDickinson\nDicks\nDingell\nDixon\nDonnellyDooley\nDorgan (ND)\nDowney\nDreier\nDurbin\nDwyer\nDymally\nEarly\nEckart\nEdwards (CA)\nEdwards (OK)\nEmerson\nEnglish\nErdreich\nEspy\nEvans\nFascell\nFawell\nFazio\nFields\nFish\nFlake\nFoglietta\nFord (MI)\nFord (TN)\nFrank (MA)\nFrost\nGallegly\nGallo\nGejdenson\nGephardt\nGeren\nGilchrest\nGillmor\nGilman\nGingrich\nGlickman\nGonzalez\nGoodling\nGordon\nGoss\nGradison\nGrandy\nGreen\nGuarini\nGunderson\nHall (OH)\nHamilton\nHansen\nHarris\nHastert\nHatcher\nHayes (IL)\nHayes (LA)\nHefley\nHenry\nHerger\nHertel\nHoagland\nHobson\nHochbrueckner\nHorn\nHorton\nHoughton\nHoyer\nHuckaby\nHughes\nHunter\nHutto\nHyde\nIreland\nJacobs\nJames\nJefferson\nJenkinsJohnson (CT)\nJohnson (SD)\nJohnston\nJones (NC)\nKanjorski\nKaptur\nKasich\nKennedy\nKennelly\nKildee\nKleczka\nKlug\nKolbe\nKopetski\nKostmayer\nKyl\nLaFalce\nLagomarsino\nLancaster\nLantos\nLaRocco\nLaughlin\nLeach\nLehman (FL)\nLent\nLevin (MI)\nLewis (CA)\nLewis (FL)\nLewis (GA)\nLightfoot\nLipinski\nLivingston\nLloyd\nLong\nLowery (CA)\nLowey (NY)\nLuken\nMachtley\nManton\nMarkey\nMarlenee\nMartin\nMartinez\nMatsui\nMavroules\nMazzoli\nMcCandless\nMcCloskey\nMcCollum\nMcCrery\nMcCurdy\nMcDade\nMcDermott\nMcEwen\nMcGrath\nMcHugh\nMcMillan (NC)\nMcMillen (MD)\nMcNulty\nMeyers\nMfume\nMichel\nMiller (CA)\nMiller (OH)\nMiller (WA)\nMineta\nMink\nMoakley\nMolinari\nMollohan\nMontgomery\nMoody\nMoran\nMorella\nMorrisonMrazek\nMurtha\nMyers\nNagle\nNatcher\nNeal (MA)\nNeal (NC)\nNichols\nNussle\nOakar\nOberstar\nObey\nOlver\nOrtiz\nOrton\nOwens (UT)\nOxley\nPackard\nPallone\nPanetta\nParker\nPastor\nPatterson\nPaxon\nPayne (NJ)\nPayne (VA)\nPease\nPelosi\nPenny\nPeterson (FL)\nPeterson (MN)\nPickle\nPorter\nPrice\nPursell\nRamstad\nRangel\nRavenel\nReed\nRegula\nRhodes\nRichardson\nRidge\nRiggsRitter\nRoberts\nRoe\nRohrabacher\nRos-Lehtinen\nRose\nRostenkowski\nRoukema\nRowland\nRoybal\nRusso\nSabo\nSanders\nSangmeister\nSantorum\nSarpalius\nSavage\nSawyer\nSaxton\nScheuer\nSchiff\nSchroeder\nSchulze\nSchumer\nSerrano\nSharp\nShaw\nShays\nShuster\nSikorski\nSisisky\nSkaggs\nSkeen\nSkelton\nSlattery\nSlaughter\nSmith (FL)\nSmith (IA)\nSmith (NJ)\nSmith (TX)\nSnowe\nSolarz\nSpence\nSprattStaggers\nStallings\nStark\nStearns\nStenholm\nStokes\nStudds\nSundquist\nSwett\nSwift\nSynar\nTanner\nTauzin\nTaylor (MS)\nThomas (GA)\nThomas (WY)\nThornton\nTorres\nTorricelli\nTowns\nUnsoeld\nUpton\nVander Jagt\nVento\nVisclosky\nVucanovich\nWashington\nWaxman\nWeber\nWeiss\nWeldon\nWheat\nWhitten\nWilliams\nWilson\nWise\nWolf\nWolpe\nWyden\nYates\nYatron\nYoung (FL)\nZimmer\nNOESÐ54\nAllen\nAndrews (NJ)\nApplegate\nArmey\nBilirakis\nBliley\nBrewster\nBurton\nCoble\nCollins (MI)\nCombest\nCox (CA)\nDeLay\nDoolittle\nDornan (CA)\nDuncan\nEwing\nFranks (CT)Gaydos\nGekas\nHall (TX)\nHammerschmidt\nHancock\nHolloway\nHopkins\nInhofe\nJohnson (TX)\nJontz\nKolter\nMoorhead\nMurphy\nPerkins\nPetri\nPoshard\nQuillen\nRahallRay\nRoemer\nRogers\nRoth\nSchaefer\nSensenbrenner\nSmith (OR)\nSolomon\nStump\nTaylor (NC)\nTraficant\nValentine\nVolkmer\nWalker\nWalsh\nWaters\nYoung (AK)\nZeliff\nNOT VOTINGÐ24\nAckerman\nAnthony\nBruce\nBustamante\nCampbell (CA)\nDannemeyer\nEdwards (TX)\nEngelFeighan\nGibbons\nHefner\nHubbard\nJones (GA)\nLehman (CA)\nLevine (CA)\nNowakOlin\nOwens (NY)\nPickett\nRinaldo\nTallon\nThomas (CA)\nTraxler\nWylie\nSo the amendment, as modified, was\nagreed to.\nAfter some further time,\nT65.10 CALL IN COMMITTEE\nMr. COX of Illinois, Acting Chair-\nman, announced that the Committee,\nhaving had under consideration said\nbill, finding itself without a quorum,\ndirected the Members to record their\npresence by electronic device, and the\nfollowing-named Members respondedÐ\nT65.11 [Roll No. 161]\nAbercrombie\nAlexander\nAllard\nAllen\nAnderson\nAndrews (ME)\nAndrews (NJ)\nAndrews (TX)Annunzio\nApplegate\nArmey\nAspin\nAtkins\nAuCoin\nBacchus\nBakerBallenger\nBarnard\nBarrett\nBarton\nBateman\nBeilenson\nBennett\nBentley\nVerDate 14-MAY-98 03:24 Jun 20, 1998 Jkt 047700 PO 00000 Frm 01002 Fmt 9634 Sfmt 5634 E:\\JOURNAL\\02DAY2.065 atx006" }

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{ "pdf_file": "A6C74HSIBPJ2GOACYBE3PWDZSFCEPS4Z.pdf", "text": "340.110 Repealed, 1948. \nCatchline at repeal: Maintenance of free public employment offices -- Acceptance of \nWagner -Peyser Ac t. \nHistory: Repealed 1948 Ky. Acts ch. 164, sec. 5. -- Created 1946 Ky. Acts ch. 113, \nsec. 3. " }

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{ "pdf_file": "D3UTL7WXYMB5VHKSTM53DZCP5NDOK2J5.pdf", "text": "585 Federal Energy Regulatory Commission § 157.213 \n(4) The date of each agreement ob-\ntained pursuant to §157.206(b)(3) and the date construction began. \n[Order 436, 50 FR 42491, Oct. 18, 1985, as \namended by Order 493, 53 FR 15030, Apr. 27, 1988; Order 603, 64 FR 26608, May 14, 1999; Order 603–B, 65 FR 11464, Mar. 3, 2000] \n§ 157.212 Synthetic and liquefied nat-\nural gas facilities. \nSubject to the notice requirements of \n§§157.205(b) and 157.208(c), the certifi-cate holder is authorized to acquire, construct, modify, replace, and operate natural gas facilities that are used to transport either a mix of synthetic and natural gas or exclusively revaporized liquefied natural gas and that are not ‘‘related jurisdictional natural gas fa-cilities’’ as defined in §153.2(e) of this chapter. The cost of a project may not exceed the cost limitation provided in column 2 of Table I in §157.208(d). The certificate holder must not segment projects in order to meet this cost limi-tation. \n[Order 686, 71 FR 63693, Oct. 31, 2006] \n§ 157.213 Underground storage field fa-\ncilities. \n(a) Automatic authorization. If the \nproject cost does not exceed the cost limitations provided in column 1 of Table I in §157.208(d), the certificate holder may acquire, construct, modify, replace, and operate facilities for the remediation and maintenance of an ex-isting underground storage facility, provided the storage facility’s certifi-cated physical parameters—including total inventory, reservoir pressure, res-ervoir and buffer boundaries, and cer-tificated capacity remain unchanged— and provided compliance with environ-mental and safety provisions is not af-\nfected. The certificate holder must not alter the function of any well that is drilled into or is active in the manage-ment of the storage facility. The cer-tificate holder must not segment projects in order to meet this cost limi-tation. \n(b) Prior Notice. Subject to the notice \nrequirements of §§157.205(b) and 157.208(c), the certificate holder is au-thorized to acquire, construct, modify, replace, and operate natural gas under-ground storage facilities, provided the storage facility’s certificated physical parameters—including total inventory, \nreservoir pressure, reservoir and buffer boundaries, and certificated capacity, including injection and withdrawal ca-pacity, remain unchanged—and pro-vided compliance with environmental and safety provisions is not affected unchanged. The cost of a project may not exceed the cost limitation provided in column 2 of Table I in §157.208(d). The certificate holder must not seg-ment projects in order to meet this cost limitation. \n(c) Contents of request. In addition to \nthe requirements of §§157.206(b) and 157.208(c), requests for activities au-thorized under paragraph (b) of this section must contain, to the extent necessary to demonstrate that the pro-posed project will not alter a storage reservoir’s total inventory, reservoir pressure, reservoir or buffer bound-aries, or certificated capacity, includ-ing injection and withdrawal capacity: \n(1) A description of the current geo-\nlogical interpretation of the storage reservoir, including both the storage formation and the caprock, including summary analysis of any recent cross- sections, well logs, quantitative poros-ity and permeability data, and any other relevant data for both the stor-age reservoir and caprock; \n(2) The latest isopach and structural \nmaps of the storage field, showing the storage reservoir boundary, as defined by fluid contacts or natural geological barriers; the protective buffer bound-ary; the surface and bottomhole loca-tions of the existing and proposed in-jection/withdrawal wells and observa-tion wells; and the lengths of open-hole sections of existing and proposed injec-tion/withdrawal wells; \n(3) Isobaric maps (data from the end \nof each injection and withdrawal cycle) for the last three injection/withdrawal seasons, which include all wells, both inside and outside the storage reservoir and within the buffer area; \n(4) A detailed description of present \nstorage operations and how they may change as a result of the new facilities or modifications. Include a detailed discussion of all existing operational problems for the storage field, includ-\ning but not limited to gas migration and gas loss; \nVerDate Aug<31>2005 09:46 Jun 01, 2007 Jkt 211057 PO 00000 Frm 00595 Fmt 8010 Sfmt 8010 Y:\\SGML\\211057.XXX 211057 586 18 CFR Ch. I (4–1–07 Edition) § 157.214 \n(5) Current and proposed working gas \nvolume, cushion gas volume, native gas volume, deliverability (at maximum and minimum pressure), maximum and minimum storage pressures, at the present certificated maximum capacity or pressure, with volumes and rates in MMcf and pressures in psia; \n(6) The latest field injection/with-\ndrawal capability studies including curves at present and proposed working gas capacity, including average field back pressure curves and all other re-lated data; \n(7) The latest inventory verification \nstudy for the storage field, including methodology, data, and work papers; \n(8) The shut-in reservoir pressures \n(average) and cumulative gas-in-place (including native gas) at the beginning of each injection and withdrawal sea-son for the last 10 years; and \n(9) A detailed analysis, including \ndata and work papers, to support the need for additional facilities (wells, gathering lines, headers, compression, dehydration, or other appurtenant fa-cilities) for the modification of work-ing gas/cushion gas ratio and/or to im-prove the capability of the storage field. \n[Order 686, 71 FR 63693, Oct. 31, 2006] \n§ 157.214 Increase in storage capacity. \n(a) Prior notice. Subject to the notice \nrequirements of §157.205, the certificate holder is authorized to increase the maximum volume of natural gas au-thorized to be stored in a storage field to the extent that geological data and operating experience have dem-onstrated that a volume of natural gas greater than that currently certifi-cated may be safely stored without the construction of additional facilities. \n(b) Contents of request. In addition to \nthe requirements of §157.205(b), re-quests filed for activities described in paragraph (a) shall contain: \n(1) Current and requested maximum \nstorage capacity; \n(2) Current and requested maximum \nstorage pressure; \n(3) Average depth of the storage for-\nmation; \n(4) Copies of any geological or engi-\nneering studies that demonstrate the feasibility of the increase in storage volume; and (5) A statement setting forth the pur-\npose of the proposed increased capac-ity. \n(c) Reporting requirements. For any \nstorage facility whose capacity is in-creased pursuant to this section, the certificate holder shall submit, in the manner prescribed in §385.2011 of this chapter, semi-annual reports (to coin-cide with the termination of the injec-tion and withdrawal cycles) containing the information listed in subdivisions (1) through (8) of this paragraph. The certificate holder shall continue to file semi-annual reports until the storage inventory volume has reached, or closely approximates, the maximum specified in the request. Thereafter, the reports shall continue on a semi-an-nual basis for a period of one year. The filing of reports shall be discontinued thereafter unless otherwise ordered by the Commission. (Volumes shall be stated at 14.73 psia and 60 ° F, and pres-\nsures shall be stated in psia.) \n(1) The daily volume of natural gas \ninjected into and withdrawn from the storage reservoir. \n(2) The volume of natural gas in the \nreservoir at the end of the reporting period. \n(3) The maximum daily injection or \nwithdrawal rate experienced during the reporting period and the average work-ing pressure on such maximum days taken at a central measuring point where the total volume injected or withdrawn is measured. \n(4) Results of any tracer program by \nwhich the leakage of injected gas may be determined. If the leakage of gas ex-ists, the report should show the esti-mated total volume of gas leakage, the volume of recycled gas and the remain-ing inventory of gas in the reservoir at the end of the reporting period. \n(5) Any surveys of pressures in gas \nwells, water levels in observation wells, pump test results for the aquifer-type reservoirs, and the results of back-pres-sure tests conducted during the report-ing period. \n(6) The latest revised structure and \nisopachous contour maps showing the location of the wells, the location and extent of the gas bubble in the storage reservoir for aquifer-type reservoirs and in any other reservoirs of the project in which gas bubbles are known \nVerDate Aug<31>2005 09:46 Jun 01, 2007 Jkt 211057 PO 00000 Frm 00596 Fmt 8010 Sfmt 8010 Y:\\SGML\\211057.XXX 211057" }

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{ "pdf_file": "VKTESXP6UNEVB4JDX5F3YTI7IEY6BEQ7.pdf", "text": "BRIEFING ON HUMAN RIGHTS IN ETHIOPIA THURSDAY, NOVEMBER 16th 11:00 AM in 2318 Rayburn\nFriday, 16 June 2006 15:20\nDear Colleagues: As you are well aware, since the May 2005 elections, conditions in Ethiopia\nhave deteriorated. Many people are incarcerated, including elected members of Parliament,\npolitical leaders, and human rights defenders. As the Ethiopian Commission of Inquiry stated in\nits final report, 193 people were killed in June and November 2005, and many more were\ninjured. \n Ethiopia is an important country for many of us in Congress. Our primary objective and hope is\nto see a peaceful, prosperous and democratic Ethiopia. The people of Ethiopia have suffered\nfor far too long due to abuse of power, civil war, and natural disasters. If conditions do not\nimprove soon and Ethiopia plunges into another round of civil war, the consequences for\nEthiopia and the entire region could be devastating and perhaps irreversible. \nThe government of Ethiopia organized and conducted perhaps the most open and competitive\nelections ever in May 2005. The previous elections, especially the 1995 and 2000 elections\nwere largely boycotted and judged to be neither free nor fair. The fact that opposition parties\nopenly participated in a hotly contested election campaign and over 90 percent of the registered\nvoters went to the polls on Election Day demonstrated that active and peaceful engagement in\nthe political process can bring change for the better. \n Unfortunately, what was seen as a positive development in the May elections was soon marred\nby unnecessary violence against peaceful demonstrators. The way the Government of Ethiopia\nhandled the post-election environment contributed to the sorry state of affairs we are witnessing\ntoday. \nWe strongly believe that we must all avoid using this important document for political purposes.\nWhat is important is what we can do to avoid such things from happening again. It is also pivotal\nthat those who committed these violent acts be held accountable. Please join us for a briefing\nby several members of the Ethiopia Commission of Inquiry for Members of Congress, staff, and\nthe public on their findings.  We hope you will be able to attend this important briefing on \nNovember 16th at 11:00 AM in 2318 Rayburn House Office Building\n.\n \ns/ Michael M. Honda\n \n 1 / 1" }

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{ "pdf_file": "2ED27NR7CISW7J4PHXXBZ6OFPVDFHMFB.pdf", "text": "--\n--\n--Country Country \nCoordinator GH HIV/AIDS \nPoint Person GH/RCS \nRep AFR/SD \nRep GH Senior \nAdvisor AFR Bureau \nDesk Officer Priority \nAfrica Region \nAngola Victoria Graham \n(202-712-0041) \nEllyn Ogden (202-712-5891) Janean Martin Nancy \nMcCharen Subhi Mehdi GH Senior \nStaff CWT Hagelman AFR/SA Malaria MCH \nBenin John Borrazzo (202-712-4816) Matt Lynch (202-712-0644) Janean Martin Nancy \nMcCharen Mary Harvey GH Senior \nStaff Linda Crawford AFR/WA Malaria MCH \nBurundi Celeste Gregory-\nActing (202-661-0373) Lisa Maniscalco Celeste \nGregory John Paul \nClark GH Senior Staff Karen O'Donnell AFR/EA \nDjibouti Layla Shabaan \n(202-661-0383) Janean Martin Patricia \nMengech GH Senior \nStaff Sean McClure AFR/EA \nDR Congo Monique Mosolf \n(202-712-0648) \nAmy Leonard \n(202-661-0376) Lisa Maniscalco Nancy \nMcCharen Mary Harvey, \nHope Sukin Richard Greene Karen O'Donnell AFR/EA TB Malaria PRH MCH \nEritrea Matt Lynch (202-712-0644) Patricia Mengech (202-712-5712) Lisa Maniscalco Patricia \nMengech Subhi Mehdi GH Senior \nStaff Sean McClure AFR/EA \nEthiopia Willa Pressman \n(202-712- 0187) \nEunyong Chung (202) 712-4789 Joan Robertson (202-712-5313) Neen Alrutz, Glenn Post Willa Pressman Subhi Mehdi GH Senior \nStaff Karen Nelson AFR/EA PEPFAR TB PRH MCH \nGhana Julie Wallace \n(202-712-0428) \nCarter Diggs (202-712-5728) Janean Martin Julie Wallace Subhi Mehdi GH Senior \nStaff Torina Way (acting) AFR/WA Malaria PRH MCH \nGuinea Sandra Jordan (202-712-1161) \nCeleste Gregory \n(202-661-0373) Janean Martin Celeste \nGregory Mary Harvey GH Senior \nStaff Bernard Lane \nAFR/WA Country Country \nCoordinator GH HIV/AIDS \nPoint Person GH/RCS \nRep AFR/SD \nRep GH Senior \nAdvisor AFR Bureau \nDesk Officer Priority \nKenya Dana Vogel \n(202-712-4241) Harris Solomon (202-712-6486) \nPadmini Srinivasan \n(202-712-4135) Katherine Kripke, Emily Osinoff Patricia Mengech Ishrat Husain Scott Radloff Julia Escalona \nAFR/EA PEPFAR TB PRH \nLiberia Francisco Zamora (202-712-1631) Winifred Kpabar (202-661-0354) Janean Martin Celeste \nGregory Mary Harvey GH Senior \nStaff Lydia Hall (Acting) AFR/WA -­\nMadagascar Tom Outlaw (202-712-0867) John Borrazzo (202-712-4816) Lisa Maniscalco Nancy \nMcCharen, Celeste Gregory Mary Harvey, Ishrat Husain GH Senior Staff Kathy Walsh AFR/EA PRH MCH \nMalawi Jacob Adetunji (202-712-4095) Patricia Mengech (202-712-5712) Janean Martin Patricia \nMengech John Paul Clark GH Senior Staff Ayanna Toure AFR/SA Malaria PRH MCH \nMali Trish MacDonald (202-712-1235) Nancy McCharen (202-712-1894) \nCeleste Gregory \n(202-661-0373) Janean Martin Nancy \nMcCharen John Paul Clark GH Senior Staff Lisa Chandonnet AFR/WA PRH MCH \nMozambique Karen Cavanaugh (202-712-5859) Ann Lion Coleman (202-712-5402) Neen Alrutz, Ana Bodipo-Memba Nancy McCharen Subhi Mehdi, Hope Sukin GH Senior Staff Deborah Mendelson AFR/SA PEPFAR Malaria PRH MCH \nNamibia Barbara Addy \n(202-712-5691) \nElizabeth Flanagan (202-661-0356) Nancy Lowenthal, Michael Cassell Patricia Mengech Ishrat Husain GH Senior \nStaff Rosalind Best AFR/SA PEPFAR Country Country GH HIV/AIDS GH/RCS AFR/SD GH Senior AFR Bureau Priority \nCoordinator Point Person Rep Rep Advisor Desk Officer \nNigeria Susan Wright (202­ Katherine Kripke, Julie Wallace Mary Harvey, GH Senior Angela Lozano PEPFAR \n712-4904) Rose McCullough Ishrat Husain Staff AFR/WA Malaria \nEmily Wainwright \n(202-712-4569) PRH MCH \nDelna Ghandhi (202-\n712-4808) \nRCSA Ishrat Husain \n(Botswana) \nREDSO/ESA Willa Pressman Janean Martin Willa Subhi Mehdi GH Senior Julia Escalona --\n(202-712-0187) Patricia Mengech (202-712-5712) Pressman, Patricia Mengech Staff AFR/EA \nBryn Sakagawa \n(202-712-5022) \nRHAP Julie Wallace (202-712-0428) Jason Wright (202-712-5146) Janean Martin Julie Wallace Hope Sukin GH Senior \nStaff Lorie Dobbins AFR/SA -­\nRwanda Rose McCullough (202-712-4763) Nancy Lowenthal, Megan Gerson Nancy McCharen Hope Sukin Margaret Neuse Olutokunbo L. Cole AFR/EA PEPFAR \nNancy McCharen \n(202-712-1894) \nJulia Byington \n(202-712-0540) \nSenegal Frances Davidson (202-712-0982) Julie Wallace Janean Martin Julie Wallace John Paul \nClark GH Senior Staff Harry Proctor AFR/WA Malaria PRH MCH \n(202-712-0428) \nSierra Leone Sandra Jordan \n(202-712-1161) \nSusan Youll Janean Martin Celeste \nGregory Mary Harvey GH Senior \nStaff Lydia Hall AFR/WA \n(202-712-1444) --\n--Country Country \nCoordinator GH HIV/AIDS \nPoint Person GH/RCS \nRep AFR/SD \nRep GH Senior \nAdvisor AFR Bureau \nDesk Officer Priority \nSouth Africa Celeste Carr \n(202-712-4802) Julie Wallace (202-712-0428) Shanti Conly, Julie Wallace Julie Wallace Hope Sukin GH Senior \nStaff Lorie Dobbins, AFR/SA PEPFAR TB \nSudan Willa Pressman (202-\n712-0187) Trent Ruebush (202-712-5734) Lisa Maniscalco Willa \nPressman Hope Sukin, Mary Harvey Richard Greene Ami Helson AFR/EA \nTanzania Willa Pressman (202-712-0187) \nMark Austin \n(202-712-1001) \nTanvi Pandit (202-712-4943) Katherine Kripke, Peter Salama Willa Pressman Subhi Mehdi Scott Radloff Krista Desgranges \nAFR/EA PEPFAR Malaria PRH \nUganda Krista Stewart (202-712-0808) Laura Harley (202-712-5024) Neen Alrutz, Krista Stewart Patricia Mengech Ishrat Husain Roxana \nRogers Krista Desgranges AFR/EA PEPFAR TB Malaria PRH \nMCH \nWARP Alan Bornbusch \n(202-712- 4691) \nNancy McCharen (202-712-1894) Janean Martin Nancy \nMcCharen Hope Sukin GH Senior Staff Crystal Garrett AFR/WA \nZambia Ritu Singh (202-712-5955) Tara Lewing (202-712-0788) Shanti Conly, Janean Martin Patricia Mengech John Paul Clark GH Senior Staff Katie Donohoe PEPFAR \nMalaria PRH MCH \nZimbabwe Carl Hawkins (202-712-4539) Sharmila Raj (202-712-5536) Janean Martin Celeste \nGregory Ishrat Husain GH Senior \nStaff Marjorie Copson AFR/SA \nFor questions regarding country coordination in the Africa region, please contact GH/RCS Africa Team Leader, Willa Pressman at 202-712-0187, \nwpressman@usaid.gov\nFor corrections or changes, please contact Celeste Gregory, cgregory@usaid.gov (202-661-0373)\n" }

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{ "pdf_file": "C5BRNMXYO6ZXRPUZUNHID4EBW4TAKQYI.pdf", "text": "page 1 of 7 Sun Sep 20 17:08:08 EDT 2009 430501040000  New York State Education Department\nSpecial Education\nSchool District Data Profile for\nEast Bloomfield Central School District for 2007-08\n  Vocational and Educational Services for Individuals with Disabilities\nSpecial Education School District Data Profile for 2007-08\nThe Special Education School District Data Profile is prepared in accordance with the requirement of the Individuals with Disabilities Education Act (IDEA). Each State must have \na State Performance Plan (SPP) to evaluate the State's efforts to meet the requirements and purposes of the implementation of IDEA. The SPP is a six-year plan which describes \nNew York State's performance on 20 indicators. States must report annually to the public on the performance of the State in an Annual Performance Report (APR) and each \nschool district against the State's targets. New York State's SPP and the APR that describe these indicators in detail are available at \nhttp://www.vesid.nysed.gov/specialed/spp/home.html .\nThe following report reflects only quantifiable data collected by the State. Since performance of a school district in any indicator may be the result of unique circumstances within \na district, readers are encouraged to consider information provided by the district's administration in interpreting these data.\nEnrollment and Classification Rate\n  2007-08\nEnrollment of school-age students with disabilities on December 3 141\nDistrict enrollment (public and nonpublic school-age students - with and without disabilities) on the first Wednesday in \nOctober1,131\nSpecial education classification rate 12.5%\nEnrollment of preschool students with disabilities on December 1 12\nIndicator 1: Graduation Rate of Students with Disabilities\n 2007-08\n(2004 Total Cohort four years later \nas of June 30, 2008)2007-08\n(2003 Total Cohort five years later as \nof June 30, 2008)\nNumber of students with disabilities who first entered 9th grade anywhere (or if \nungraded, became 17 years old) in 2004-0519  \nNumber of students with disabilities who first entered 9th grade anywhere (or if \nungraded, became 17 years old) in 2003-04  15\nGraduation rate 68.4% 80%\nState target for 2007-08 38% or higher No State Target\nMeets State target? Not Applicable* Not Applicable\n* A graduation rate is provided only if at least 30 students with disabilities are reported in the first row. page 2 of 7 Sun Sep 20 17:08:08 EDT 2009 430501040000  New York State Education Department\nSpecial Education\nSchool District Data Profile for\nEast Bloomfield Central School District\n  Vocational and Educational Services for Individuals with Disabilities\nIndicator 2: Drop-Out Rate of Students with Disabilities\n 2007-08\n(2004 Total Cohort as of June 30, 2008)\nNumber of students with disabilities who first entered 9th grade anywhere (or if ungraded, became 17 years old) in \n2004-05 school year19\nDrop-out rate after four years 5.3%\nState target for 2007-08 19% or lower\nMeets State target? Not Applicable*\n* A drop-out rate is provided only if at least 30 students with disabilities are reported in the first row.\nIndicator 3: State Assessments\nParticipation in State Assessments2007-08\nGrades\n3-8\nEnglish Language Arts \n(ELA)Grades\n3-8\nMathHigh School\nEnglish Language Arts \n(ELA)High School\nMath\nEnrollment of students with disabilities for participation rate 75 78 Less Than 40* Less Than 40*\nParticipation rate 97% 97% * *\nState target for 2007-08 95% 95% 95% 95%\nMeets State target? Yes Yes * *\n* Participation rate is provided only if at least 40 students with disabilities are reported in the first row.\nPerformance on State Assessments and Adequate Yearly \nProgress (AYP)2007-08\nGrades\n3-8\nEnglish Language Arts \n(ELA)Grades\n3-8\nMathHigh School\nEnglish Language Arts \n(ELA)High School\nMath\nEnrollment of students with disabilities for performance \naccountability72 72 Less Than 30** Less Than 30**\nScore on performance index 125 153 ** **\nState target for 2007-08 101 110 124 134\nMeets State target? Yes Yes ** **\nMade AYP? Yes Yes ** **\n** A performance index score is provided only if at least 30 students with disabilities are reported in the first row. page 3 of 7 Sun Sep 20 17:08:08 EDT 2009 430501040000  New York State Education Department\nSpecial Education\nSchool District Data Profile for\nEast Bloomfield Central School District\n  Vocational and Educational Services for Individuals with Disabilities\nIndicator 4: Suspensions/Expulsions\nLong-term Suspension Rate 2007-08\nNumber of students with disabilities suspended out-of-school for more than 10 days 0\nNumber of students with disabilities enrolled on December 3 141\nPercent of students with disabilities suspended out-of-school for more than 10 days 0%\nState target for 2007-08 2.7% or lower\nMeets State target? Yes\nIndicator 5: School-age Least Restrictive Environment (LRE)\n  2007-2008\nNumber of students with disabilities ages 6-21 \non December 3137\n Percent of students with disabilities in general education \nprogram for: In\nseparate\nschools / \nfacilitiesIn\nOther\nSettings80% or\nmore of\nthe day40 to 79%\nof the dayLess than\n40% of\nthe day\nPercent of students ages 6-21 in each setting 73% 17.5% 8.8% 0.7% 0%\nState target for 2007-08 More than 53.1% No State Target Less than 24.6% Less than 6.8% No State Target\nMeets State target? Yes Not Applicable Yes Yes Not Applicable\nIndicator 6: Preschool Least Restrictive Environment (LRE)\nThe data for this indicator are not presented because the LRE reporting categories for preschool children with disabilities are under review by the United States Department of \nEducation. page 4 of 7 Sun Sep 20 17:08:08 EDT 2009 430501040000  New York State Education Department\nSpecial Education\nSchool District Data Profile for\nEast Bloomfield Central School District\n  Vocational and Educational Services for Individuals with Disabilities\nIndicator 7: Preschool Outcomes\nIf data are not provided for this indicator, see the schedule posted at http://www.vesid.nysed.gov/sedcar/sppschedule.html for the school year in which this school district will \nreport data for this indicator.\n 2007-08\nPositive\nSocial - \nEmotional SkillsAcquisition and Use of \nKnowledge & SkillsUse of\nAppropriate \nBehaviors\nto Meet\ntheir Needs\nNumber of preschool students with disabilities evaluated for progress between entry into \npreschool special education and exit from preschool special education\nPercent of preschool students with disabilities who demonstrate improvement\nState target for 2007-08 To Be Established To Be Established To Be Established\nMeets State target?\nIndicator 8: Parental Involvement\nIf data are not provided for this indicator, see the schedule posted at http://www.vesid.nysed.gov/sedcar/sppschedule.html for the school year in which this school district will \nreport data for this indicator.\n  2007-08\nNumber of completed parent surveys returned\nPercent of parents who reported that schools facilitated parent involvement to improve services and results for students with \ndisabilities\nState target for 2007-08 87.5% or higher\nMeets State target?\nIndicator 9: Disproportionality - Identification for Special Education\n  2007-08\nDid the school district have disproportionate representation of racial and ethnic groups in special \neducation and related services that was the result of inappropriate policies, practices and procedures?No\nState target for 2007-08No school districts will have disproportionality that is the result \nof inappropriate policies, practices and procedures.\nMeets State target? Yes\nDate the district reported correction of noncompliance for this indicator if it did not meet the State \ntargetNot Applicable page 5 of 7 Sun Sep 20 17:08:08 EDT 2009 430501040000  New York State Education Department\nSpecial Education\nSchool District Data Profile for\nEast Bloomfield Central School District\n  Vocational and Educational Services for Individuals with Disabilities\nIndicator 10A: Disproportionality in Specific Disability Categories\n  2007-08\nDid the school district have disproportionate representation of racial and ethnic groups in specific \ndisability categories that was the result of inappropriate policies, practices and procedures?No\nState target for 2007-08No school districts will have disproportionality that is the result \nof inappropriate policies, practices and procedures.\nMeets State target? Yes\nDate the district reported correction of noncompliance for this indicator if it did not meet the State \ntargetNot Applicable\nIndicator 10B: Disproportionality in Special Education Placements\n  2007-08\nDid the school district have disproportionate representation of racial and ethnic groups in \nparticular settings that was the result of inappropriate policies, practices and procedures?No\nState target for 2007-08No school districts will have disproportionality that is the result of \ninappropriate policies, practices and procedures.\nMeets State target? Yes\nDate the district reported correction of noncompliance for this indicator if it did not meet the State \ntargetNot Applicable\nIndicator 11: Timely Evaluations (Child Find)\nIf data are not provided for this indicator, see the schedule posted at http://www.vesid.nysed.gov/sedcar/sppschedule.html for the school year in which this school district will \nreport data for this indicator.\n 2007-08\nPreschool School-age\nNumber of students for whom parental consent to evaluate was received (July 1, 2007 to June 30, 2008)\nNumber of students whose evaluations were completed within the State established timeline\nNumber of children whose evaluations were not completed within State established time lines, but for reasons that are \nconsidered to be in compliance with State requirements\nCompliance Rate [Line 2 divided by (Line 1 minus Line 3)*100]\nState target for 2007-08 100% 100%\nMeets State target? page 6 of 7 Sun Sep 20 17:08:08 EDT 2009 430501040000  New York State Education Department\nSpecial Education\nSchool District Data Profile for\nEast Bloomfield Central School District\n  Vocational and Educational Services for Individuals with Disabilities\nIndicator 12: Early Childhood Transition\nIf data are not provided for this indicator, see the schedule posted at http://www.vesid.nysed.gov/sedcar/sppschedule.html for the school year in which this school district will \nreport data for this indicator.\n  2007-08\nNumber of children who were served in Part C and referred to Part B for eligibility determination\nNumber of those referred determined to be NOT eligible and whose eligibilities were determined prior to their third \nbirthday\nNumber of those found eligible who had an IEP developed and implemented by their third birthday\nNumber of children for whom delays in determination of eligibility or delays in implementing the IEP were caused by \nreasons that are in \"in compliance\" with State requirements\nCompliance Rate [Line 3 divided by (Line 1 minus Line 2 minus Line 4) *100]\nState target for 2007-08 100%\nMeets State target?\nIndicator 13: Secondary Transition\nIf data are not provided for this indicator, see the schedule posted at http://www.vesid.nysed.gov/sedcar/sppschedule.html for the school year in which this school district will \nreport data for this indicator.\n  2007-08\nNumber of IEPs reviewed for students ages 15 and above 30\nPercent of IEPs of students ages 15 and above that include coordinated, measurable, annual IEP goals and transition services that \nwill reasonably enable the student to meet the post-secondary goals90%\nState target for 2007-08 100%\nMeets State target? Unknown\nDate the district reported correction of noncompliance for this indicator Pending Review page 7 of 7 Sun Sep 20 17:08:08 EDT 2009 430501040000  New York State Education Department\nSpecial Education\nSchool District Data Profile for\nEast Bloomfield Central School District\n  Vocational and Educational Services for Individuals with Disabilities\nIndicator 14: Post-School Outcomes\nData for this indicator will be posted beginning June 2008, in accordance with the schedule posted at http://www.vesid.nysed.gov/sedcar/sppschedule.html .\n  2007-08\nNumber of students interviewed to assess post-school outcomes one year after leaving high school\nPercent of students who had IEPs, are no longer in secondary school, and who have been enrolled in some type of post-secondary school \nAND have been competitively employed within one year of leaving high school\nPercent of students who had IEPs, are no longer in secondary school, and who have been enrolled in some type of post-secondary school \nwithin one year of leaving high school\nPercent of students who had IEPs, are no longer in secondary school, and have been competitively employed within one year of leaving \nhigh school\nPercent of students who had IEPs, are no longer in secondary school, and who have been enrolled in some type of post-secondary \nschool, have been competitively employed, or both, within one year of leaving high school (sum of the three percentages above)\nState target for 2007-08 92%\nMeets State target?\nDisclaimers and Notices " }

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{ "pdf_file": "46ZGYJDQNL2COPU447ILTCZ6EUMSQOHA.pdf", "text": "1 \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n Analysis of Medicare Part D Enrollees \nWho Use Antidepressant \nor Antipsychotic Medications \nMarch 5, 2015 \nMedicare Drug Benefit and C & D Data Group \nDivision of Clinical and Operational Performance 2 \n \n \nAnalysis of Medicare Part D Enrollees Who Use Antidepressant \nor Antipsychotic Medications \nMarch 5, 2015 \n \nAntidepressants and antipsychotics are two of the six protected classes under the Medicare prescription drug \nbenefit (Part D). Part D plan sponsors are required to include substantially all of the medications in these \nclasses on their formularies. This summary presents a descriptive analysis of the use of antidepressant (AD) \nand antipsychotic (A P) medications among Medicare Part D enrollees in calendar year (CY) 2012 in a Question \n(Q) and Answer (A) format . \n \nThe proportion of the Part D enrolled pop ulation that used either an AD or AP medication during 2012 is \npresented (Q1) . For these two user populations , a series of descriptive utilization statistics are provided (Q2, \nQ3), and then broken down by sex and four age groups (Q4) , and cross -use (Q5) . \n \nFinally, comparisons between AD and AP users by t he number of unique medications (Q6 ) and therapeutic \nclasses of medications used are provided (Q7). \n \n \n \n 3 \n \n \nMethodology \n \nStudy Population \nThe study population was comprised of Medicare Part D enrollees who used AP or AD medications , and is \ndefined as b eneficiaries who had one or more prescription drug event (PDE) claim(s) for an AD or AP \nmedication in the 2012 Standard Analytic File (SAF) accessed February 10, 2014 . Part D enrollees in \nstandalone Prescripti on Drug Plans (PDPs) and Medicare Advantage Prescription Drug Plans (MA -PDs) were \nincluded in this analysis. \n \nAntidepressant and Antipsychotic Medications, Unique Drug s and Drug Names, Thera peutic \nClassifications, and F ills \nAD and AP medications were identified from an internally developed list of National Drug Codes (NDCs) that \nwere active during 2012 . \n \nUnique drugs were defined at the Medi -Span Generic Product Identifier ( GPI-10) level which identifies a drug \nby its generic entity name (e.g., nortriptyline hydrochloride or megestrol acetate instead of Pamelor® or \nMegace® ). Medication s with different dosages or strength s retain a common name under this scheme. \n \nTherapeutic class es were defined using the GPI -2 therapeutic classifi cation associated with an NDC. \n \nOne fill was defined as a single PDE claim , and fills were not adjusted for days supply. The proportion s of fills \nby therapeutic class were calculated as the count of fills per therapeutic class as the numerator divided by the \ndenominator of total number of fills. \n \nWhen possible, comparisons were made to the general Part D population. \n \nPresence of Psychosis \nThe presence of a diagnosis of psychosis was identified during 2012 by the presence of RxHCC category 58 \nfrom the Part D risk adjustment model, which is based on ICD -9 diagnosis code of 295.xx (i.e., schizophrenic \ndisorders). \n \n \n 4 \n \n \nQ1: What proportion of the Part D population used antidepressant or antipsychotics ? \n \nA: In 2012, 71.2% of Part D enrollees had no AD or AP use , and 28.8% (or 9.7 million (M) enrollees) used at \nleast one of these two types of drugs. (Chart 1) \n \n \n \nAdditional breakouts for the type of AD and/or AP use are discussed next. \n 5 \n \n \nQ2: What proportion of Medicare Part D enrollees used either an antidepressant or \nantipsychotic medication? What proportion of enrollees had a diagnosis of psychosis \nand what was the prevalence of their antidepressant or antipsychotic medication u se? \n \nA: Overall, 28.8% of Part D enrollees used either an AP or AD medication in 2012. This was split between \n25.8% of Part D enrollees who had any AD use and 7.9% who had any AP use. A small er proportion of \nPart D enrollees (4.8%) used both an AD and an AP. (Table 1)1 \n \n A small proportion of Part D enrollees had a diagnosis of psychosis (3.7% or 1,241,455). \nApproximately 68% of these enrollees filled a prescription for an AP during 2012 (or \n[342,183+498,999]/1,241,455). This was comprised of 27.6% of enrollees with a psychosis diagnosis \nwho used only an AP and 40.2% who used both an AP and an AD. \n Approximately 31.7% of all AP users had a claim with diagnosis of psychosis in 2012 (or \n[342,183+498,999]/2,655,166). \n \nNAs % of \nPart D \nenrolleesAs % of \nsubpopulation\nPart D population 33,795,041 100% -\nNo antidepressant or antipsychotic use 24,055,948 71.2% -\nAny Antidepressant or Antipsychotic use 9,739,093 28.8% -\nSubpopulation: AD/AP Users\nAny Antidepressant use 8,721,483 25.8% 100.0%\nAntidepressant use only 7,083,927 21.0% 81.2%\nAny Antipsychotic use 2,655,166 7.9% 100.0%\nAntipsychotic use only 1,017,610 3.0% 38.3%\n Antidepressant and Antipsychotic use 1,637,556 4.8% 100.0%\nSubpopulation: Any diagnosis of psychosis 1,241,455 3.7% 100.0%\nOnly AD use 184,605 0.5% 14.9%\nOnly AP use 342,183 1.0% 27.6%\nAP and AD use 498,999 1.5% 40.2%\nNo new AP/AD fills during 2012* 215,668 0.6% 17.4%\n* Note: Does not include fills in 2011 that extended into 2012Table 1: Prevalence of AD and AP use Among Part D enrollees, 2012\n1 Antipsychotics may also have approved indications for other conditions (such as major depression or bipolar disease) without \npsychoses. \n \n 6 \n \n \nQ3: How many unique antidepressant or antipsychotic medications were used by AD and \nAP users? \n \nA: Over three-fourths of AD and AP users used only one unique drug per class. (Chart 2) \n \n Among AD users (which represented 25.8% of the Part D population or 8.7 M enrollees), 76.3% used \none unique AD drug in 2012, 19 .3% used two unique drugs, and 4 .4% used three or more. \n Similarly, among AP users (which represented 7.9% of the Part D population or 2.7 M enrollees), about \n79.7% used only one unique AP drug, 15.5% used two, and 4.8% used three or more. \n \n \n \n \n \n 7 \n \n \nQ4: Did the use of antidepressant or antipsychotic medications differ by sex? What was the \nbreakdown by age? Are age distributions similar for men and women? \n \nA: Users of AD medications were disproportionately more female compared to the general Part D population \n(68.9% vs 58.2% female). Users of AP medications were proportionately similar by sex (59.2% v s 58.2% \nfemale). (Table 2) \n \n A higher proportion of Part D enrollees who only used AP medications were male compared to the Part \nD population (47.6% vs 41.8% male) . \n A higher proportion of Part D enrollees who used both AD and AP medications were female than the \nPart D population (63.4% vs 58.2% female). \n \n \n \nNAs % of \nPart D Male Female\nMedicare Population150,829,000 - 45.2% 54.8%\nPart D Population 33,795,041 100.0% 41.8% 58.2%\nAny Part D Drug use 31,282,441 92.6% 40.8% 59.2%\nNo antidepressant or antipsychotic use 24,055,948 71.2% 45.5% 54.5%\nAny Antidepressant or Antipsychotic use 9,739,093 28.8% 41.9% 58.1%\nAD/AP Users\nAny Antidepressant use28,721,481 25.8% 31.1% 68.9%\nAntidepressant use only 7,083,926 21.0% 29.8% 70.2%\nAny Antipsychotic use22,655,164 7.9% 40.8% 59.2%\nAntipsychotic use only 1,017,609 3.0% 47.6% 52.4%\nAntidepressant and antipsychotic use21,637,555 4.8% 36.6% 63.4%SexTable 2: Breakout of Antidepressant and Antipsychotic Use by Sex , 2012\n1 source: http://www.cms.gov/Research-Statistics-Data-and-Systems/Statistics-Trends-and-Reports/CMS-Statistics-Reference-\nBooklet/Downloads/CMS_Stats_2013_final.pdf#tablei4\n2 Numbers differ slightly from those in Table 1 due to 5 beneficiaries having missing genders in the enrollment table\n \n 8 \n \n \nCompared to the Part D population, a higher proportion of AP and AD users were less than 65 years of age. \n(Table 3) \n \n Among AD users, 30.1% were under 65. \n A higher proportion of AP users were under 65 (49.5%). \n Whereas, for the Part D population, 19.2% of enrollees were under 65. \n \nThis trend was also present when stratified by age and sex: \n \n For AD users, 38.1% of male AD users and 26.5% of female AD users were under 65, compared to \n22.9% male and 16.6% female under 65 in the Part D population. \n For AP users, use by those under 65 was more pronounced, and 59.8% of male AP users and 42.5% of \nfemale AP users were under 65. \n \nAcross all age categories, the proportion of AD and AP use was lowest for those 85 years and older (13.5 % \nof AD users and 14 .1% of AP users were with in that age group). This was comparable to the overall Part D \npopulation and consistent regardless of sex. \n \nStudy Sample< 65 65-74 75-84 85+ < 65 65-74 75-84 85+ < 65 65-74 75-84 85+\nPart D population 100.0% 19.2% 42.3% 25.9% 12.6% 22.9% 43.6% 24.6% 8.8% 16.6% 41.3% 26.9% 15.3%\nAny Drug use 92.6% 18.9% 41.6% 26.6% 12.9% 22.3% 43.2% 25.4% 9.1% 16.5% 40.6% 27.3% 15.6%\nNo antidepressant or antipsychotic use 71.2% 14.1% 46.1% 27.6% 12.2% 17.6% 47.6% 26.1% 8.7% 11.2% 44.9% 28.8% 15.0%\nAny Antidepressant or Antipsychotic use 28.8% 31.9% 32.7% 21.8% 13.6% 41.1% 30.2% 19.4% 9.2% 27.3% 34.0% 22.9% 15.8%\nAntidepressant or Antipsychotic users\nAny Antidepressant use 25.8% 30.1% 34.1% 22.3% 13.5% 38.1% 32.1% 20.3% 9.4% 26.5% 34.9% 23.1% 15.4%\nAntidepressant use only 21.0% 25.2% 37.5% 23.8% 13.5% 31.5% 36.2% 22.4% 9.8% 22.5% 38.1% 24.4% 15.0%\nAny Antipsychotic use 7.9% 49.5% 19.9% 16.4% 14.1% 59.8% 18.4% 13.7% 8.0% 42.5% 21.0% 18.3% 18.2%\nAntipsychotic use only 3.0% 46.6% 21.5% 17.6% 14.4% 58.0% 19.5% 14.4% 8.1% 36.2% 23.3% 20.4% 20.1%\nBoth Antidepressant and antipsychotic use 4.8% 31.9% 32.7% 21.8% 13.6% 41.1% 30.2% 19.4% 9.2% 27.3% 34.0% 22.9% 15.8%Table 3: Age Distributions of Antidepressant and Antipsychotic Drug Users, 2012\n% of \nPart D \npopulatio\nnAgeMale Female\nAge Age\n \n \n \n \n 9 \n \n \nQ5: Are antipsychotics used by antidepressant users? And conversely, are antidepressants \nused by antipsychotic users? \n \nA: A high proportion of AD users d id not use an AP medication (81.2%). However, a majority of AP users also \nused an AD medication, and only 38.3% of AP users did not use an AD. (Chart 3) \n \n \n \n 10 \n \n \nQ6: How many unique medications were used by antidepressant or antipsychotic users \noverall? How d id this compare to the Part D population? \n \nA: Chart 4 shows the distribution of the number of unique drugs used by each population (measured at the \nGPI-10 level). The number of unique drugs used by both the Part D population and AD and AP users was \nwide and ranged from 1 to over 40 medications. \n \nEach population exhibited a distribution which was skewed to the right. A distribution that is skewed to the \nright means that the population used a high number of unique drugs. \n \nOn average, AD and AP users utilized more unique drugs overall than the Part D population. As you can \nsee, the distributions for the AD and AP users are slightly more skewed to the right (tapers after 20 drugs) \nthan the general Part D population (tapers after 15 drugs). \n \nAlso, in reviewing the peak (or mode), a higher proportion of the Part D population appeared to use about 5 \nunique drugs, and AD and AP users used about 8 to 9 unique drugs . \n \n \n \n \n 11 \n \n \nQ7: What other classes of medications were used by antidepressant or antipsychotic users? \n \nA: When PDE claims were aggregated by the therapeutic classification (measured by GPI-2) associated with \nthe AD or AP NDC, the resulting profiles of drug use across all drug classifications were very similar between \nAD users, AP users, and the general Part D population. (Chart 5) \n \nWhile similar profiles exist overall for the 3 study populations, there were slight differences in the \nproportion of fills among three therapeutic groups: cardiovasculars, analgesics, and central nervous system \n(CNS) medications. Specifically, \n \n There was a slightly higher proportion of fills for cardiovascular medications for the Part D \npopulation. \n There were slightly higher proportions of fills for analgesics and CNS medications2 for AD and AP \nusers. \n There was a higher proportion of fills for CNS medications for AP users compared to AD users. \n \n2 “CNS medications” under this therapeutic classification system is comprised of Anticonvulsants, Musculoskeletal Therapy \nAgents, Antiparkinson Agents, and Neuromuscular and Antimyasthenic Agents. \n 12 \n \n \nConclusions \n \nThe prevalence of antidepressant use in the Part D enrolled Medicare population was moderate. Users of \nantidepressants were more likely to be women than men which was disproportionate to the general Part \nD population. \n \nOverall, the highest proportion of antidepressant use by age category was found in those between 65 and \n74 years of age followed by those under 65. Use of antidepressants was higher in men under 65 than \nwomen of the same age . \n \nIn contrast to antidepressant use, the prevalence of any antipsychotic use in the Part D enrolled Medicare \npopulation was low. Users of antipsychotics were also more like ly to be women than men , and the \noverall proportion of women and men using antipsychotics was similar to the Part D enrolled population, \nand i dentical to the proportion of users of Part D drugs . However, a higher proportion of Part D enrollees \nwho only used antipsychotic medications were male , and a lmost half of the users of antipsychotic \nmedications were under 65. \n \nThe majority of antidepressant and antipsychotic medication users used only one medication from these \nclasses. User s of antidepressants and antipsychotics used more unique medications than other Part D \nenrollees , but the aggregation of fills across therap eutic categories was very similar to that of other Part \nD enrollees. This suggests that while fills within a therapeutic class were similar to the Part D population, \nthere wa s use of more unique drugs within a class. In the case of cardiovasculars, analg esics, and central \nnervous system (CNS) medications, antidepressant and antipsychotic medication users had more fills. \n \nQuestions: If you have questions related to this analysis, please email the PartDPolicy@ cms.hhs.gov and \ninclude “CMS.gov Part D Analysis Question” in the subject line and reference the title and date of the \npaper in the body of the email. \n \nLimitations \n \nThis analysis is claims -based and, as a result, there are several points to be kept in mind. Identification of \nantidepressant and antipsychotic users is based on claims alone , and there is no discrimination made \nbetween beneficiaries who have prolonged drug use and those with one-time (or episodic ) use. The \nreported numbers acco rdingly reflect a point estimate of any use of an antidepressant or antipsychotic \nmedication and thus represent the upper bound of the true prevalence of use. \n \nSimilarly, to the extent that these medications are disproportionately used in distinct sub -popu lations \nwithin the broader Medicare population, demographic characteristics such as sex and age can be \ninfluenced. This analysis did not stratify by any other underlying sub -populations (e.g., those in long -term \ncare facilities) other than by sex and age a nd are instead presented in aggregate. \n " }

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{ "pdf_file": "2XJLJAFHRTLAIWFDDAVMV2U4QJMISM4P.pdf", "text": " \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n UNITED STATES OF AMERICA \n Before the \n SECURITIES AND EXCH ANGE COMMISSION \nSECURITIES EXCHANGE ACT OF 1934 \nRelease No. 63030 / October 4, 2010 \nINVESTMENT ADVISERS ACT OF 1940 \nRelease No. 3096 / October 4, 2010 \nACCOUNTING AND AUDITING ENFORCEMENT Release No. 3194 / October 4, 2010 \nADMINISTRATIVE PROCEEDING \nFile No. 3-14084 \nIn the Matter of \nAltschuler, Melvoin an d Glasser LLP, and \nG. Victor Johnson, II, CPA, \nRespondents. ORDER INSTITUTING PUBLIC \nADMINISTRATIVE AND CEASE-AND-DESIST PROCEEDINGS PURSUANT TO SECTION 4C OF THE SECURITIES EXCHANGE ACT OF 1934, SECTION 203(k) OF THE INVESTMENT ADVISERS ACT OF 1940 AND RULE 102(e) OF THE COMMISSION’S RULES OF PRACTICE, MAKING FINDINGS, AND IMPOSING REMEDIAL SANCTIONS AND A CEASE-AND-DESIST ORDER \nI. \nThe Securities and Exchange Commission (“Commission”) deems it appropriate that public \nadministrative and cease-and-desist proceedings be, and hereby are, instituted against Altschuler, \nMelvoin and Glasser LLP and G. Victor Johnson, II, CPA (the “Respondents”) pursuant to Section 203(k) of the Investment Advisers Act of 1940 (“Advisers Act”), Section 4C\n1 of the \n1 Section 4C provides that: \nThe Commission may censure any person, or deny, temporarily or permanently, to any person the privilege \nof appearing or practicing before the Commission in any way, if that person is found . . . “(1) not to possess the \nrequisite qualifications to represent others (2) to be lackin g in character or integrity, or to have engaged in unethical \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n Securities Exchange Act of 1934 (“Exchange Act”) and Rule 102( e)(1)(ii) of the Commission’s \nRules of Practice.2 \nII. \nIn anticipation of the institution of these proceedings, the Respondents have each submitted \nan Offer of Settlement (the “Off ers”), which the Commissi on has determined to accept. Solely for \nthe purpose of these proceedings and any other proceedings brought by or on behalf of the \nCommission, or to which the Co mmission is a party, an d without admitting or denying the findings \nherein, except as to the Commission’s jurisdictio n over the Respondents and the subject matter of \nthese proceedings, which are admitted, Respondents consent to the entry of this Order Instituting \nPublic Administrative and Cease-a nd-Desist Proceedings Pursuant to Section 4C of the Securities \nExchange Act of 1934, Section 2 03(k) of the Investment Advisers Act of 1940 and Rule 102(e) of \nthe Commission’s Rules of Practice, Making Fi ndings, and Imposing Remedial Sanctions and a \nCease-and-Desist Order (“Order”), as set forth below. \nIII. \nOn the basis of this Order and the Respondents’ Offers, the Commission finds3 that: \nA. SUMMARY \nThis matter concerns the roles of audit firm Altschuler, Melvoin and Glasser LLP \n(“Altschuler”) and engagement partner George Victor Johnson, II (“Johns on”) in violations of \nSection 206(4) of the Advisers Act and Rule 206( 4)-2 (the “Custody Rul e”) under the Advisers \nAct by Sentinel Management Group, Inc. (“Sentinel”), a registered investment adviser. At the \nrelevant time, 2002 through 2006, Sentinel was required by the Custody Rule to have an \nindependent public accountant verify all client funds and securities by surprise examination at \nleast once each calendar year. Altschuler wa s the independent public accounting firm that \nSentinel retained to perform its surprise examinations from 2002 through 2006, and Johnson was \nthe engagement partner at Altsch uler overseeing the Sentinel su rprise examinations for every \nyear except 2004.4 The Respondents negligently faile d to conduct the examinations in \naccordance with the professional standards applicab le to examinations under Advisers Act Rule \n206(4)-2, thereby causing Sentinel ’s violations of the Custody Rule and Section 206(4) of the \nor improper professional conduct; or (3) to have willfully violated, or willfully aided and abetted the violation of, \nany provision of the securities laws or the rules and regulations thereunder.” \n2 Rule 102(e)(1)(ii) provides, in relevant part, that: \nThe Commission may censure or deny, temporarily or permanently, the privilege of appearing or practicing \nbefore it … to any person … who is found … to have engaged in improper professional conduct. \n3 The findings herein are made pursuant to the Respondents' Offers of Settlement and are not binding on any other \nperson or entity in this or in any other proceeding. \n4 Johnson did not act as the engagement partner for 2004 because Johnson and Altschuler, without admitting or \ndenying its findings, consented in June 2005, to the entry of an order, which required Johnson to refrain from serving as an engagement partner in any audit of any CFTC registrant for six months. See In the Matter of G. Victor \nJohnson and Altschuler, Melvoin and Glasser , LLP, CFTC Docket No. 04-29 (June 13, 2005). \n2\n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n Advisers Act. The conduct related to the exam s also constituted improper professional conduct \npursuant to Section 4C(b)(2) of the Exchange Act and Rule 102(e)(1)(ii ) of the Commission’s \nRules of Practice. \nB. RESPONDENTS \nAltschuler, Melvoin and Glasser LLP is an Illinois limited liability partnership that \nmaintained its principal place of business in Ch icago, Illinois. Altsc huler performed annual \nAdvisers Act surprise examinations for Sentinel, a registered investment adviser, for the years \n2002 through 2006 and also served as Sentinel ’s independent auditor from 2002 through 2005. \nOn November 1, 2006, Altschuler sold most of its assets to another publi c accounting firm and is \nnow in liquidation. Altschuler is, however, contractually required to complete any pending \nengagements, sign-off on report reissuance a nd consents, and defend malpractice claims. \nGeorge Victor Johnson, II, CPA age 69, of Arlington Heights, Illinois is a certified \npublic accountant licensed in Illinois and curren tly a director of a pub lic accounting firm. \nJohnson served as the engagement partner for the 2002, 2003, 2005 and 2006 Advisers Act surprise examinations of Sentinel and th e 2002 through 2005 financial statement audits of \nSentinel on behalf of Altschuler. \nC. OTHER RELEVANT ENTITY \nSentinel Management Group, Inc. (SEC File No. 801-15642) is an Illinois corporation \nbased in Northbrook, Illinois, that has been regi stered with the Commissi on as an investment \nadviser since 1980. Sentinel is registered with the Commodity Futures Trading Commission as a \nfutures commission merchant. On August 17, 2007, Sentinel filed for Chapter 11 bankruptcy. At \nthe time of Sentinel’s bankruptcy, Sentinel managed approximately 18 0 accounts for around 70 \nclients and had approximately $1.4 billi on in assets under management. \nD. FACTS \n1. The Commission’s Ac tion Against Sentinel \na. Prior to its bankruptcy on August 17, 2007, Sentinel primarily managed \ninvestments of short-term cash for advisory c lients, including futures commission merchants, \nhedge funds, financial institutions, pension funds, and individuals. Sentinel purported to invest all \nof its clients’ assets in pooled inve stment vehicles (the “Securities Pools”) \n5 and to hold the \nunderlying securities in three segregated accounts at a qualified custodian bank (the “Custodian”). \nb. Sentinel obtained a loan, for its ow n benefit, from the Custodian and \nestablished a collateral account at the Custodian to maintain securities pledged as collateral for this \nloan. During the relevant period, the loan from the Custodian to Sentinel was similar to a line of \ncredit in that it fluctuated on a daily basis. The outstanding balance of the loan grew significantly \nfrom when Altschuler first began performing Advisers Act surprise examinations for Sentinel to \nthe days leading up to Sentinel’s bankruptcy. For example, the loan ba lance was approximately \n5 Advisory clients owned pro-rata , undivided interests in the Securities Pools. \n3\n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n $20 million at December 31, 20 02, approximately $120 million at December 31, 2004, and \napproximately $230 million at December 31 , 2006. On Augus t 20, 2007, the Co mmission filed an \nemergency enforcement action agai nst Sentinel in the United Stat es District Court in Illinois \nalleging multiple violations of the antifraud provi sions of the Advisers Act. According to the \nCommission’s complaint against Sentinel, Sentin el misused Securities Pools’ securities to \ncollateralize the loan. When Sen tinel collapsed in August 2007, the Custodian claimed ownership \nof several hundred million dollars in Securities Pool securities that had been improperly held in \nSentinel’s account to collateralize the loan made by the Custodian to Sen tinel for the benefit of \nSentinel. On December 17, 2008, the court ente red a judgment by consent against Sentinel \npermanently enjoining it from violating the anti fraud provisions of the federal securities laws. \n2. \t Altschuler’s and Johnson’s Unreasonab le Advisers Act Surprise Examinations \nCaused Sentinel’s Violations of the Custody Rule \na. Section 206(4) of the Advisers Act prohibits investment advisers from \nengaging in “any act, practice, or course of business which is fraudulent, deceptive, or \nmanipulative,” as defined by the Commission by rule. During the relevant period, Rule 206(4)-2 \nstated in pertinent part that it constitutes a fraudulent, deceptive, or manipulative act, practice or \ncourse of business within the m eaning of Section 206(4) of the Advisers Act for any registered \ninvestment adviser to have custo dy of client funds or securities unl ess a qualified custodian or the \nadviser sends a quarterly account statement to each of the clients for which it maintains funds or \nsecurities, or to each beneficial owner of a pooled investment vehicle, identifying the amount of \nfunds and of each security in th e account at the end of the period and setting forth all transactions \nin the account during the period.6 If the adviser sends the quar terly account statements itself, \nwhich Sentinel did, an independent public accountant generally must verify all of the funds and \nsecurities by actual examination at least once durin g each calendar year on a date chosen by the \naccountant without prior notice to the investment adviser (a “surprise examination”). 7 \nb. The Commission provided guidance for accountants conducting surprise \nexaminations in Accounti ng Series Release No. 1038 which indicates, among other things, that the \naccountant should express an opinion as to whether the investment adviser was in compliance with \nRule 206(4)-2(a)(1) as of the ex amination date. Rule 206(4)-2(a)(1) requires, among other things, \nclient assets of which the adviser has custody to be maintained by a qualified custodian (i) in a \nseparate account for each client under that client’s name or (ii) in account s that contain only [the \nadviser’s] clients’ funds and securities, under [the adviser’s] name as agent or trustee for the clients. \n6 Prior to the effectiveness of the 2003 amendments to Rule 206(4)-2, Rule 206(4)-2 was not materially different \nwith regard to those parts of the rule relevant to the violations at issue in this matter. \n7 Rule 206(4)-2(b)(3) provided an exception from the surprise examination requirement for a pooled investment \nvehicle if certain criteria were met, including, among other things, a financial-statement audit of the pool. This provision, however, is not relevant here because the Securities Pools were not audited. \n8 Statement of the Commission describing nature of examinati on required to be made of all funds and securities held \nby an investment adviser and the content of related accountant's certificate , Accounting Series Release No. 103, \nInvestment Advisers Act Release No. 201 (May 26, 1966) (“ASR No. 103”). \n4\n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n c. During the relevant period, Sentinel was required to undergo surprise \nexaminations by an indepe ndent public accountant. 9 To conduct an appropriate examination under \nRule 206(4)-2, an accountant shou ld have, among other things:10 \n•\t Confirmed all Securities Pool secu rities held by the Custodian. \n•\t Reconciled all securities between the Custodian ’s records and the adviser’s \nrecords of the c lient accounts. \n•\t Conducted the examination by “ surprise.” \n•\t Completed the surprise examination in accordance with U.S. Generally \nAccepted Auditing or Attest ation Standards as established by the American \nInstitute of Certified Public Accountants (“AICPA Attest \nStandards”)(emphasis added). \nd. Rule 206(4)-2 also states that the accountant is to transmit to the \nCommission, within 30 days after the completion of the examinati on, a certificate, attached to a \nForm ADV-E, stating that an examination of such funds and securities has been made, and \ndescribing the nature and ex tent of the examination. \ne. The AICPA also provided guidance concerning the examination and \nreporting requirements of Rule 206(4)-2 in the AICPA Audit a nd Accounting Guide: Audits of \nInvestment Companies (“AICPA Guide”). The AICPA Guide contained an illustrative attestation \nreport for independent public accountants for surp rise examinations performed pursuant to Rule \n206(4)-2.11 According to the AICPA Guide, the attest ation report should, if applicable, include \nspecific references to the following procedures performed by the independent accountant in \nconnection with the surprise examination: (1) confirmation of all cash and securities held by a third \nparty, such as a custodian bank or broker, in the name of the invest ment adviser as agent or trustee \nfor clients; and (2) reconciliation of all such cash and securities to books and records of client \naccounts maintained by the investment adviser. Thes e procedures were applicable to the Sentinel \nsurprise examinations. Additiona lly, the illustrative attestation report contained an opinion on \nmanagement’s assertion regarding compliance with, among other things, Rule 206(4)-2(a)(1) based \non the aforementioned procedures. \n9 Prior to Nov. 5, 2003 , the Custody Rule required all registered advisers to have surprise examinations. See \nAdvisers Act Release No. 2176 (Sept. 25, 2003) (amending the rule). Thus, Sentinel was required to have the \nSecurities Pools’ assets verified by surprise examination u nder the Custody Rule, as it existed prior to Nov. 5, 2003. \nIt also was required to have surprise examinations afte r the rule’s amendment in 2003 because it, not its custodian, \nsent account statements to the investors in the Securities Pools. See Rule 206(4)-2(a)(3)(iii) (the account statements \nrequired to be sent under Paragraph (a)(3)(ii) of the Rule must be sent to each beneficial owner of a pooled \ninvestment vehicle). The Commission amended Rule 206(4)-2 in December 2009 to require registered investment \nadvisers with custody of client assets to have surprise examinations annually, subject to certain exceptions, as well \nas require that qualified custodians holding those assets send out account statements. See Advisers Act Release No. \n2968 (Dec. 30, 2009). Unless otherwise noted, references to the Rule refer to its provisions as it existed prior to its \nmost recent amendment. \n10 See Rule 206(4)-2; ASR No. 103 and Advisers Act Release No. 2176 (Sept. 25, 2003). \n11 See, e.g ., paragraph 11.12 of the AICPA Audit and Accounting Guide, Audits of Investment Companies, with \nconforming changes as of May 1, 2002. \n5\n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n f. While conducting these examinations, Altschuler and Johnson negligently \nfailed to meet the AICPA attestation standard requiring “due professional care.” See AT 101A.39 \n(AICPA 2002). For example, Johnson knew in 2002 of Sent inel’s loan from the Custodian. He \nalso was informed that Sentinel regularly transferred securities, originally purchased for the \nSecurities Pools, from segregated accounts held at the Custodian to Sentinel’s collateral account at \nthe Custodian. In addition, Altschuler and Johnson obtained documen ts from the Custodian \nduring each of the surprise examinations (e.g., co llateral account statement confirmations from the \nCustodian) that reflected securities purportedly owned by the Securities Pools were held in \nSentinel’s collateral account at the Custodian, which Jo hnson knew or should have known also \ncontained Sentinel owned securities. Although the collateral account statements they received \nfrom the Custodian were in Sentin el’s name and the securities in the account were not marked for \nthe benefit of the Securities Pools, Altschuler a nd Johnson included the securities in this account in \ntheir reconciliations of the Custodian’s records to the Adviser’s records. Altschuler and Johnson \nshould have recognized that Sentinel was holding some securities purportedly owned by the \nSecurities Pools in a Sentinel acco unt at the Custodian and that such practice did not comply with \nRule 206(4)-2(a)(1). Moreover, certain securities we re shown in Sentinel’s records as being held \nin the Securities Pools’ segregated accounts, whereas such securities were shown in the \nCustodian’s records as being held only in Sen tinel’s collateral account. The examination work \npapers further reveal that Altschuler and Jo hnson obtained certain schedules (including account \nstatements of investors in the Securities Pools) th at showed Sentinel was us ing as collateral for its \nloan certain Securities Pools’ securities which we re maintained in Sentinel’s collateral account, \ncommingled with Sentinel’s own assets. \ng. Nonetheless, based primarily on oral statements from Sentinel’s \nmanagement, Altschuler and Johnson had reached the conclusion that Sentinel owned the securities \nused to collateralize the loan, contrary to certa in documentary evidence in the examination work \npapers and elsewhere, and therefore they failed to follow up adequately on the inconsistencies or to \ndesign procedures to di scover whether the Secur ities Pools’ securities were being commingled. \nh. In addition, from 2002-2006, Johnson (for every year other than 2004) and \nAltschuler issued unqualified attestat ion opinions that stated that Sentinel’s assertions regarding its \ncompliance with Rule 206(4)-2(a)(1) for the examination periods were fairly stated in all material \nrespects. However, as a result of procedures performed and evidence obtained, Altschuler and \nJohnson should have known that Sentinel was not complying with Rule 206(4)-2(a)(1) because Sentinel was commingling the Securities Pools’ securities in its collateral account. Therefore, \nAltschuler and/or Johnson should not have issued unqualified attestation opinions. \ni. In addition, contrary to the Custody Ru le, Altschuler and Johnson failed to \nconduct all of their examinations of Sentinel by surprise either by providing prior notice of the \nexamination or in one instance allowing Sentinel to choose the date of the exam. \nj. Finally, Johnson also failed to provi de sufficient supervision to the \nAltschuler staff members that were tasked to complete the surprise ex aminations. Johnson billed \nonly 1.5 hours a year on the exam inations and duri ng that time provided little apparent guidance to \nthe staff members carrying out the examinations. Such inadequate guidance and poor supervision \nfall short of the requirement of th e AICPA Attestation Standards’ first standard of field work that \n“assistants, if any, shall be properly supervised.” See AT 101A. 42 (AICPA 2002). \n6\n \n \n \n \n \n \n \n \n \n \n \n \n \n \n 3. \t Altschuler and Johnson Engage d in Improper Professional Conduct \na. During the examinations of Sentinel from 2002 th rough 2006, the \nRespondents engaged in improper professional conduct. \nb. During each examination conducted, the Respondents (1) failed to \nrecognize that certain cust odial-client securities (i .e., some of those of the Securities Pools) were \nheld in accounts that did not comply with subpara graph (a)(1) of Rule 206(4)-2 because such \nsecurities were in Sentinel’s collateral account wh ich was not marked as for the benefit of the \ncustodial clients (i.e., the Securities Pools); (2) failed to properly reconcile Sentinel’s Securities \nPool accounts to the account stat ements received directly from the Custodian; (3) inaccurately \nstated in their opinions that Sentinel complied wi th subparagraph (a)(1) of Rule 206(4)-2; (4) failed \nto conduct all of their examinations on a surprise basis; and (5) failed to file the ex amination report \nwithin 30 days of completing the examinations. The Respondents al so failed to appreciate that \nheightened scrutiny was warranted in connection with their examina tions of Sentinel because of \nthe growing size of Sentinel’s lo an from the Custodian, which resu lted in Sentinel transferring \nsecurities from the Securities Pools’ segregated accounts to its collateral account to collateralize its \nloan. \nc. The Respondents failed to conduct the ex aminations in accordance with the \nAICPA Attestation Standards, whic h are the professional standards ap plicable to the examinations \nperformed under Advisers Act Rule 206(4)-2. \nd. Section 4C of the Exchan ge Act and Rule 102(e)(1)(ii) provide that the \nCommission may censure or temporarily or perm anently deny an account ant the privilege of \nappearing or practicing before it if it finds, afte r notice and opportunity for hearing, that the \naccountant engaged in “improper professional conduct.” In relevant part, Section 4C(b) and Rule 102(e)(1)(iv) define ‘improper professional conduct’ to include either of the following two types of \nnegligent conduct: \n(1) A single instance of highly unreasonable conduct that results in a violation of \napplicable professional standards in circ umstances in which an accountant, or a \nperson associated with a registered pub lic accounting firm, knows, or should know, \nthat heightened scrutiny is warranted, or \n(2) Repeated instances of unreasonable con duct, each resulting in a violation of \napplicable professional standards, that i ndicate a lack of competence to practice \nbefore the Commission. \n4. \t FINDINGS \na. Based on the foregoing, the Commission fi nds that Altschuler and Johnson \ncaused Sentinel’s violations of Section 206(4) of the Advisers Act and Rule 206(4)-2 thereunder. \nb. Based on the foregoing, the Commission fi nds that Altschuler and Johnson \nengaged in improper professional conduct pursuant to Section 4C(b)(2) of the Exchange Act and \nRule 102(e)(1)(ii) of the Comm ission’s Rules of Practice. \n7\n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n IV. \nIn view of the foregoing, the Commission d eems it appropriate to impose the sanctions \nagreed to in the Respondents’ Offers. \nAccordingly, Pursuant to Sections 203(k ) of the Investment Advisers Act of 1940 \n(“Advisers Act”), and 4C of the Securities Exchange Act of 1934 (“Exchange Act”) and Rule \n102(e)(1)(ii) of the Commission ’s Rules of Practice, it is hereby ORDERED, effective \nimmediately, that: \nA. \t Altschuler and Johnson sha ll cease and desist from caus ing any violations and any \nfuture violations of Section 206(4) of the Advisers Act and Rule 206(4)-2 \nthereunder. \nB. \t Altschuler is censured. \nC. \t Johnson is denied the privilege of appearing or practicing before the Commission as an accountant. \nD. \t Altschuler shall within 7 days of the entry of this Order, pay disgorgement of \n$18,700.00 in fees collected during the 2002 through 2006 Advisers Act \nexaminations and prejudgment interest of $5,476.00 to th e Securities and Exchange \nCommission. If timely payment is not made, additional interest shall accrue \npursuant to SEC Rule of Practice 600. Payment shall be: (A ) made by United \nStates postal money order, certified ch eck, bank cashier's check or bank money \norder; (B) made payable to the Securi ties and Exchange Commission; (C) hand-\ndelivered or mailed to the Office of Financial Ma nagement, Securities and \nExchange Commission, Operations Center, 6432 General Green Way, Stop 0-3, \nAlexandria, VA 22312; and (D) submitted under cover letter that identifies Altschuler as a Respondent in these pr oceedings, the file number of these \nproceedings, a copy of which cover letter and money order or check shall be sent to \nJohn Dugan, Division of Enforcement, Securities and Exchange Commission, \nBoston Regional Office, 33 Arch Street, Boston, MA, 02110. \n By the Commission.\n E l i z a b e t h M . M u r p h y\n S e c r e t a r y \n8\n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n Service List \nRule 141 of the Commission's Ru les of Practice provides that the Secretary, or another duly \nauthorized officer of the Comm ission, shall serve a copy of the Order Instituting Public \nAdministrative and Cease-and-De sist Proceedings Pursuant to Section 4C of the Securities \nExchange Act of 1934, Section 203( k) of the Investment Advisers Ac t of 1940 and Rule 102(e) of \nthe Commission’s Rules of Practice, Making Fi ndings, and Imposing Reme dial Sanctions and a \nCease-and-Desist Order (\"Orde r\"), on the Respondents. \nThe attached Order has been sent to the following parties and ot her persons entitled to \nnotice: \nHonorable Brenda P. Murray \nChief Administrative Law Judge Securities and Exchange Commission 100 F Street, N.E. Washington, DC 20549-2557 \nKevin B. Currid, Esq. \nBoston Regional Office Securities and Exchange Commission 33 Arch Street, 23\nrd Floor \nBoston, MA 02110 \nAltschuler, Melvoin and Glasser LLP \nc/o R. Daniel O’Connor, Esq. \nRopes & Gray LLP \nOne International Place Boston, MA 02110-2624 \nR. Daniel O’Connor, Esq. \nRopes & Gray LLP One International Place Boston, MA 02110-2624 (Counsel for Altschuler, Melvoin and Glasser LLP) \nG. Victor Johnson, II, CPA \nc/o Philip S. Khinda, Esq. Steptoe & Johnson LLP 1330 Connecticut Avenue, NW Washington, DC 20036 \nPhilip S. Khinda, Esq. \nSteptoe & Johnson LLP 1330 Connecticut Avenue, NW Washington, DC 20036 \n9\n \n (Counsel for G. Victor Johnson, II, CPA) \n10 " }

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{ "pdf_file": "SXHJPFKQMVB3WUA6WOCOATLLVMBWKCCS.pdf", "text": "415 22 Scurry Texas Livestock Inventory and Annual Products by County:\nJanuary 1 Inventory\nBeef Cows 2009 Milk Cows 2009 Milk 2008 Milk per Cow 2008 All Cattle 2009\nEwes 1yr + 2009 Sheep Shorn 2008 Wool 2008 Weight per Fleece 2008 All Sheep 2009Annual Production\n(head) (head) (head) (head) (pounds) (pounds)United States Department of Agriculture, National Agricultural Statistics Service, Texas Field Office www.nass.usda.gov/tx\n20,000 9,000\n1,500\nAs of June 23, 2009" }

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{ "pdf_file": "MILX4ZNQNYZNUWXL5SKQBFS2TJFYYSGU.pdf", "text": "F: \\M9\\SCHAKO \\SCHAKO_OO3.XML\n H.L.C\nAMENDMENT TO H.R. 310\nOFFERED BY Ms. SCHAKOWSKY OF ILLrNOIS\nIncrease not applicable to individuals\nPage 3, line 5, after \"each violation\"\n inse11 the fol-\nlowing: \", except that this sentence shall not ap,ply if the\nviolator is an individual\",\nF:\\V9\\020705\\020705.114\nFebruary 7, 2005 (2:05 PM)\n(31093615)\n F: \\M9\\SCHAKO \\SCHAKO_OO4.XML\nH.L.C.\nAMENDMENT TO H.R. 310\nOFFERED BY Ms. SCHAKOWSKY OF ILL:rNOIS\nCitations before penalties preserved for individuals\ninsert the fol-\n Page 6, line 13, after \"the utterance:\nlowing: \n\"\n, \nexcept that this clause shall not apply if the\nviolator is an individual\",\nF:\\ V9\\020705\\020705. 116\nFebruary 7. 2005 (2:09 PM)\n(31103111)\n" }

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{ "pdf_file": "CPQ3LPSTBRDPAQHGNDKS2SHAB3JLT2MG.pdf", "text": "This section of the FEDERAL REGISTER\ncontains regulatory documents having generalapplicability and legal effect, most of whichare keyed to and codified in the Code ofFederal Regulations, which is published under50 titles pursuant to 44 U.S.C. 1510.\nThe Code of Federal Regulations is sold by\nthe Superintendent of Documents. Prices ofnew books are listed in the first FEDERALREGISTER issue of each week.Rules and RegulationsFederal Register55663 \nVol. 75, No. 177 \nTuesday, September 14, 2010 \nOFFICE OF MANAGEMENT AND \nBUDGET \n2 CFR Part 170 \nRIN 0348–AB61 \nRequirements for Federal Funding \nAccountability and Transparency Act Implementation \nAGENCY : Office of Federal Financial \nManagement, Office of Management and Budget (OMB). \nACTION : Interim final guidance to \nagencies with opportunity for comment. \nSUMMARY : OMB is issuing interim final \nguidance to agencies to establish requirements for Federal financial assistance applicants, recipients, and subrecipients that are necessary for the implementation of the Federal Funding Accountability and Transparency Act of 2006, hereafter referred to as ‘‘the Transparency Act’’ or ‘‘the Act’’. This \ninterim final guidance provides standard wording for an award term that each agency must include in grant and cooperative agreement awards it makes on or after October 1, 2010, to require recipients to report information about first-tier subawards and executive compensation under only those awards. This implementation of the requirement for reporting of subawards and executive compensation under Federal assistance awards parallels the implementation for subcontracts and executive compensation under Federal procurement contracts, which is in the Federal Acquisition Regulation. \nDATES : The effective date for this \ninterim final guidance is September 14, \n2010. Comments on the interim final guidance must be received by no later than October 14, 2010. \nADDRESSES : Comments may be sent to \nregulations.gov, a Federal E-Government Web site that allows the public to find, review, and submit comments on documents that agencies have published in the Federal Register and that are open for comment. Simply type ‘‘FFATA subaward reporting’’ (in quotes) in the \nComment or Submission search box, click Go, and follow the instructions for submitting comments. Comments received by the date specified above will be included as part of the official record and considered in preparing the final guidance. \nMarguerite Pridgen, Office of Federal \nFinancial Management, Office of Management and Budget, 725 17th Street, NW., Washington, DC 20503; telephone 202–395–7844; fax 202–395– 3952; e-mail mpridgen@omb.eop.gov. \nFOR FURTHER INFORMATION CONTACT : \nMarguerite Pridgen, Office of Federal Financial Management, Office of Management and Budget, telephone (202) 395–7844 (direct) or (202) 395– 3993 (main office) and e-mail: mpridgen@omb.eop.gov. \nSUPPLEMENTARY INFORMATION : \nI. Background \nOn June 6, 2008 [73 FR 32417], the \nOffice of Management and Budget (OMB) published proposed guidance to Federal agencies with an award term needed to implement requirements related to subaward reporting under the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 109– 282, as amended by section 6202 of Public Law 110–252, hereafter referred to as ‘‘the Transparency Act’’ or ‘‘the \nAct’’). The guidance was proposed for adoption in a new part 33 within title 2 of the Code of Federal Regulations (CFR). \nWe are adopting the interim final \nguidance in 2 CFR part 170, a different 2 CFR part than part 33 in which we originally proposed to adopt it in June 2008. The reason is that part 33 now is within a newly created subchapter in 2 CFR that is for OMB guidance related to pre-award responsibilities (for more information on the new 2 CFR subchapters, see the notice in today’s Federal Register that adopts 2 CFR part 25). The content of the guidance following this preamble is better suited to another new subchapter for guidance on national policy requirements, a subchapter that includes part 170. \nWe received comments from 75 \nentities in response to the 2008 Federal Register notice, including: 29 State \nagencies and two associations of State officials; 16 institutions of higher education and an association of research universities; six nonprofit organizations and an association of nonprofits; two local governmental organizations and an association of local government officials; two commercial firms; one individual; and 14 Federal agencies. Some of the comments concerned subaward reporting under the Transparency Act but were not directly related to the content of the guidance. For example, we received comments that suggested: \n•Specific data elements that either \nshould be included in, or excluded from, the information that will be required for each subaward. \n•A need for better definitions of \nsome data elements or clarification of the information desired in some data fields. \n•Using the same information \ntechnology systems for submission of data on both: (1) Subawards under Federal assistance awards subject to the Transparency Act’s requirements; and (2) subcontracts that entities receiving Federal procurement contracts must submit under the Act. \n•Other specific features that it would \nbe important to include in those information technology systems. \nWhen we received them in 2008, we \nreferred comments that do not directly relate to the policy guidance to the appropriate Federal agency groups, including the groups that were working on the design of systems to which entities will submit data to fulfill their reporting responsibilities under the Act. As stated in the 2008 Federal Register notice, the data elements and other aspects of subaward reporting are separate from the policy guidance. The General Services Administration has recently published the information collections with an opportunity for public comment that provide the specific data elements required for Transparency Act reporting of subawards and executive compensation [75 FR 43165]. The Federal acquisition councils have simultaneously published for public comment their proposed information collection for subcontract reporting pursuant to the Transparency Act. \nAs it was proposed in 2008, the new \npart 33 would have required direct recipients of Federal agency awards and, with some exceptions, subrecipients at all lower tiers (if their \nVerDate Mar<15>2010 14:52 Sep 13, 2010 Jkt 220001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\\FR\\FM\\14SER1.SGM 14SER1jdjones on DSK8KYBLC1PROD with RULES 55664 Federal Register / Vol. 75, No. 177 / Tuesday, September 14, 2010 / Rules and Regulations \nsubawards were subject to Transparency \nAct reporting requirements) to have DUNS numbers and register in the CCR. Since the publication of the June 2008 proposal, OMB proposed a new part 25 to 2 CFR on February 18, 2010 [75 FR 7316]. The proposed part 25 superseded the DUNS number and CCR elements of the June 2008 notice and limited the DUNS number requirement to applicants, recipients, and first-tier subrecipients only. The preamble of the February 2010 Federal Register document also contained responses to the public comments on the DUNS and CCR requirements proposed in June 2008. Part 25 is being finalized in another document in this section of today’s Federal Register. Therefore, the \nDUNS and CCR requirements will not be addressed further in this document. The remainder of this document addresses the portions of the 2008 proposal related to reporting of subawards, as well as the additional reporting on executive compensation that is required by the subsequent amendment to the Transparency Act. In developing the interim final policy guidance on subaward reporting, we considered: \n•All comments relevant to that \nsubject in the 2008 proposal; \n•The experience gained under the \nguidance for, and practical implementation of, recipient reporting required by section 1512 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111–5, hereafter referred to as ‘‘the Recovery Act’’), which we consider to be the pilot program for subaward reporting envisioned by paragraph (d)(1) of section 2 of the Transparency Act; and \n•New transparency and Open \nGovernment policies put in effect since the publication of the 2008 proposal, including the amendment of the Transparency Act by section 6202 of Public Law 110–252 to require the reporting of the names and total compensation of a recipient’s or subrecipient’s five most highly compensated executives. \nBecause most aspects of this guidance \nwere proposed in 2008, with opportunity for comment, and given the public benefits to be gained by expediting the implementation of subaward reporting under the Transparency Act, we are publishing this guidance as interim final. \nThe following section provides \ndetailed responses to comments that we received on the portions of the guidance proposed in 2008 that are relevant to subaward reporting. Each response describes any revisions that we included in the interim final guidance as a result of the comment. \nII. Comments, Responses, and Changes \nto the Guidance \nA. Comments on the 2008 Federal \nRegister Preamble \nComment: Two commenters noted \nthat the preamble of the 2008 Federal Register notice missed one data \nelement—an award title descriptive of the purpose of the funding action— when it listed the data elements that the Transparency Act specifies for Federal agencies’ awards. \nResponse: The commenters are correct \nthat the Act specifies the additional data element. The inadvertent omission did not affect the proposed guidance, however. The data elements were listed solely as background explanatory information in the preamble of the 2008 Federal Register notice. \nComment: With respect to that same \nlist of data elements in the preamble, one commenter asked whether the inclusion of the country of the recipient and its parent entity was a typographical error. The commenter suggested that the data element likely was meant to be the county, rather than \nthe country. \nResponse: Although the specifics of \nthe data elements do not affect the guidance, the data element specified in the Transparency Act is the country, rather than the county. \nB. General Comments Related to the Act \nand Guidance \nComment: Thirty nine commenters \nexpressed concern that recipients and subrecipients must allocate additional resources in order to comply with the new requirements for subaward reporting. They cited the need to change business processes and systems to begin to collect data that they are not collecting now and do it electronically. They also noted the continuing need for resources to compile and report data after that initial transition period. Most of the commenters noted the fiscal impact of subaward reporting and the provision in the Transparency Act that provides for recovering the additional costs. Some State agencies expressed concern that the increased administration costs would deplete resources available for program purposes and some suggested that the new requirement is an unfunded mandate. Some institutions of higher education noted that the limitation in OMB Circular A–21 on recovery of indirect costs could prevent them from recovering those costs from their Federal awards. Some State agencies suggested that the costs should be \nallocable as direct program costs. A number of commenters were concerned that the added burdens of reporting could discourage some entities, especially smaller subrecipient entities, from applying for Federal grants. \nResponse: This guidance requires \nonly prime grant recipients to report to the Federal Government on subawards and executive compensation. Nevertheless, we understand the administrative changes and effort that are associated with reporting on subawards. As section (d)(2)(A) of the Transparency Act provides, recipients and subrecipients are allowed ‘‘to allocate reasonable costs for the collection and reporting of subaward data as indirect costs.’’ We will assess \nthe overall cost impact of the new requirements on recipients and subrecipients, as well as their ability to recover the indirect costs under current limitations in statute, policy, program regulations, or practice. \nComment: Nine commenters \nsuggested that it was premature to propose the policy guidance. Among reasons given were that we did not yet provide details about all data elements that will be required in each report of an obligating action, the definitions of the data elements, and the reporting format and procedures that will be used. A few commenters noted that the award term in the proposed guidance referred to a Web site at which entities would submit subaward data but observed that the site was not ready to receive data and had no further details on what or how to report. One commenter asked if there was an exception process when there are systems issues to be resolved. \nResponse: We revised the wording of \nthe award term to further clarify that the Web site will be the source of the detailed information on what to report (i.e., the specific data elements and their \ndefinitions) and how to report (i.e., the \nformats and information technology system features). That information will \nbe posted at the Web site before non- Federal entities are required to report data on subaward obligations. In addition, the General Services Administration’s Paperwork Reduction Act information collection also provides the specific data elements required for Transparency Act reporting. \nThere is an important distinction to \nbe made between the policy guidance contained in this Federal Register notice and the operational details on what and how to report. Under the current statute, non-Federal entities will be required to report subaward data, a basic requirement that does not depend on the specific data elements and \nVerDate Mar<15>2010 14:52 Sep 13, 2010 Jkt 220001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\\FR\\FM\\14SER1.SGM 14SER1jdjones on DSK8KYBLC1PROD with RULES 55665 Federal Register / Vol. 75, No. 177 / Tuesday, September 14, 2010 / Rules and Regulations \nprocedural details. The policy guidance \nand the award term it contains are the means for having agencies formally communicate that basic statutory requirement to recipients and subrecipients. Neither the guidance nor the award term needs to contain the operational details about the specific data elements to be reported or how to submit the data. Both need to be in place now so that agencies can use the award term to provide timely notification to recipients and subrecipients about their responsibilities. \nNonetheless, we fully recognize that \nthe operational details also are very important. To ensure adequate opportunity for public comment, we have published the data elements and other details that affect the public. Further, we have made every effort to minimize the burden associated with Transparency Act reporting, through both pre-population of data and use of an electronic system that facilitates streamlined reporting [75 FR 43165– 43166]. With respect to the question concerning the exception process, the Transparency Act does not provide for exceptions due to unresolved systems issues. \nComment: Twenty two commenters \nrecommended delaying the January 1, 2009, date on which the Transparency Act provided that subaward reporting would begin. They stated that the implementation timeframe was not reasonable, especially since the procedures for compiling and submitting the data would not be set until after completion of a pilot that had not yet begun. Seven of the commenters also recommended that OMB grant the 18-month extension to the deadline that the Act allowed for subrecipients under awards to State, local, and tribal governments, if the Director of OMB determined that compliance would impose an undue burden for those subrecipients. \nResponse: A subaward reporting pilot \nwas conducted in the Fall of 2008 to assess the burden of subaward reporting on recipients and subrecipients. The results of the pilot were mixed and showed that there were various unresolved policy and procedural issues surrounding subaward reporting. In 2009, the Recovery Act was enacted and \nrequired reporting of funds awarded to prime recipients, subrecipients and vendors. The Recovery Act reporting effort, which commenced in October 2009, served as a demonstration of subaward reporting on a governmentwide scale which is why we consider it to be the pilot program for subaward reporting envisioned by paragraph (d)(1) of section 2 of the \nTransparency Act. Various audits and reviews have been conducted on Recovery Act implementation. Some of the reports from those reviews are available on the Recovery.gov Web site under the ‘‘Accountability’’ section and \ninclude information on recipient challenges with implementing reporting requirements under the Recovery Act. \nIn a memorandum dated April 6, 2010 \nwith the subject line ‘‘Open Government Directive—Federal Spending Transparency,’’ OMB established an \nOctober 1, 2010 deadline for Federal agencies to initiate subaward reporting pursuant to the Transparency Act and provide a timeline for additional guidance to assist in meeting the goals established in the memorandum. \nComment: Three commenters pointed \nout that the proposed guidance did not include a detailed implementation of a Transparency Act provision that provides an exemption from the subaward reporting requirement for an entity that demonstrates to the Director of OMB that its gross income, from all sources, did not exceed $300,000 in the previous tax year. The Act provides for the exemption until the Director determines that the imposition of the reporting requirement will not place an undue burden on such entities. The commenters noted that the guidance did not disclose how to request a reporting exemption, what proofs would be required, and what evaluation factors OMB would use in granting exemptions. \nResponse: The award term in \nAppendix A to part 170 of the guidance properly includes that exception to the subaward reporting requirement. Section 2(e) of the Transparency Act \nallows the Director, OMB, to exempt any entity that demonstrates its gross income, from all sources, did not exceed $300,000 in the entity’s previous tax year, from reporting the first-tier subaward information, until the Director determines that the imposition of the reporting requirement will not cause undue burden on the entity. The Director has exempted entities that fall under this category at this time. \nComment: Two commenters raised \nquestions concerning the applicability of the Paperwork Reduction Act (PRA). One stated that the Transparency Act and guidance did not comply with the PRA. The other suggested that OMB could not yet provide the PRA clearance for the information collection associated with subaward reporting, because the data elements and format were not specified in the guidance proposed on 2008. \nResponse: As stated in the response to \na previous comment, the nature of the guidance is distinct from that of the \noperational details. What requires PRA clearance, as correctly noted by the second commenter, are the data elements and similar details for which reporting burdens can be estimated. The General Services Administration has recently published the information collections for public comment that provide the specific data elements required for Transparency Act reporting of subawards and executive compensation [75 FR 43165]. It is not pertinent to the issuance of the guidance in this Federal Register notice on the basic statutory requirement to report. \nComment: With respect to the \nrequirement to report each action under a subaward that obligates $25,000 or more in Federal funding, ten commenters recommended raising the $25,000 threshold due to the potential magnitude of the burdens, especially on small entities. The commenters suggested setting the threshold at $100,000 or more, to be parallel with their State’s reporting requirement, the simplified acquisition threshold for Federal procurement contracts, or the threshold in OMB Circular A–133 at which an entity must have a single audit. One State agency asked if it could request a waiver to increase that threshold. \nResponse: We made no change to the \nthreshold in the guidance. The $25,000 threshold is set by the Transparency Act and there is no provision in the statute that authorizes a waiver to increase the threshold. \nComment: Four commenters stated \nthat the new subaward reporting requirement overlapped with at least some Federal agencies’ existing requirements for reporting on subawards. As an example, one commenter cited information about subawards that applications to agencies either contain or could be amended to contain. Two non-Federal entities and one Federal agency were concerned that the existing and new requirements \ncould be redundant, thereby unnecessarily increasing the burdens of subaward reporting. One Federal agency stated that it currently obtained information about all subawards, and not just those above the $25,000 threshold, and did not want to lose insight into the subawards below $25,000 due to the Transparency Act threshold. \nResponse: Relatively few Federal \nagency awarding offices currently obtain the details about each subaward obligation that they would need to do the reporting under the Transparency Act. Many agencies receive individual applications that identify the applicant’s \nVerDate Mar<15>2010 14:52 Sep 13, 2010 Jkt 220001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\\FR\\FM\\14SER1.SGM 14SER1jdjones on DSK8KYBLC1PROD with RULES 55666 Federal Register / Vol. 75, No. 177 / Tuesday, September 14, 2010 / Rules and Regulations \nintent to make a subaward of a specified \namount if its application is successful. However, the actual subaward recipient may not be known at that time or, if known, the amount that a successful applicant obligates may not be the same as it originally planned and proposed, for various reasons (e.g., the Federal \naward it receives may be for a lesser amount than it proposed or it may rebudget after receiving the award, as pertinent Federal rules allow it to do without the Federal agency’s prior approval). Given that what the application describes is only a plan, it cannot serve as a definitive source of information for Transparency Act purposes. At this time, we are not asking for reporting of subaward information below the first-tier. \nWith respect to the relatively few \nFederal awarding offices that do obtain post-award data on actual subaward obligations, we are directing those agencies to take the necessary steps to ensure that their recipients are not required, due to the combination of agency-specific and Transparency Act reporting requirements, to submit the same or similar data multiple times during a given reporting period. \nComment: Five commenters asked \nabout the consequences of a subrecipient’s noncompliance with requirements related to the Transparency Act. Two commenters expressed concern that delivery of essential services could be interrupted if awards could not be made or payments \nhad to be suspended. \nResponse: After a subaward is made, \nthe range of consequences that may result from the subrecipient’s material failure to comply with a requirement related to the Transparency Act should be no different than it is for a material failure to comply with other Federal requirements. The same remedies are available to the recipient and—should the matter of a subrecipient entity’s noncompliance become an issue for the Federal Government—to a Federal agency. \nC. Comments Related to the \nApplicability of the Guidance \nComment: One commenter stated that \nthe guidance should not apply to loan guarantees because the definition of ‘‘federal award’’ in the Transparency Act \ndoes not explicitly mention them. The commenter expressed concern that the requirement in the guidance for lenders, small businesses, and rural businesses to obtain DUNS numbers could be an added barrier to their participation in U.S. Department of Agriculture (USDA) rural development and Small Business Administration (SBA) programs that stimulate financing for small and rural \nbusinesses. The commenter recommended not applying the guidance to loan guarantees under those programs until a Federal Register notice was published, with an opportunity to comment, that proposed applying Transparency Act requirements to those programs specifically. \nResponse: Although the 2008 Federal \nRegister notice proposed applicability \nof the guidance broadly to all of the types of financial assistance subject to the Transparency Act, we revised the interim final guidance to implement at this time only the reporting requirements specifically for first-tier subawards under grants and cooperative agreements in light of these public comments and concerns. We are deferring to a later date the implementation of subaward reporting under other financial assistance subject to the Act, which includes loans and loan guarantees, as well as lower-tier subawards. \nWe understand the legitimate concern \nthat additional administrative requirements can have an impact on financial assistance applicants and recipients under any Federal program. However, to publish a notice that lists the hundreds of programs individually would be unnecessary and impractical. \nComment: One Federal agency \nsuggested we make it clearer that \nfinancial assistance provided through assessed and voluntary contributions is subject to the guidance, by explicitly listing that type of assistance in the proposed definition of ‘‘Federal financial assistance subject to the Transparency Act.’’ The definition in \nsection 33.325 of the proposed guidance included them only implicitly, through the inclusion of a category of ‘‘other financial assistance transactions that authorize the non-Federal entities’ expenditure of Federal funds.’’ \nResponse: We agree and made the \nchange to the guidance (in what now is section 170.320). \nComment: A Federal agency \nrecommended that the guidance not apply to loans, loan guarantees, interest subsidies, and insurance that recipients provide as subawards to subrecipients. The agency stated that the Transparency Act did not explicitly identify them as subawards and their inclusion would be inconsistent with coverage of the administrative requirements for grants to and agreements with educational and other nonprofit organizations that are in 2 CFR part 215 (OMB Circular A–110). \nResponse: We did not revise the \nguidance. The Act requires OMB to ‘‘ensure that data regarding subawards are disclosed in the same manner as data regarding other Federal awards. ’’ \nThe Transparency Act’s definition of \n‘‘federal award’’ includes types of \nfinancial assistance awards that are not subject to the administrative requirements in 2 CFR part 215, and therefore includes them both at the prime tier between Federal agencies and recipients and at lower tiers between recipients and subrecipients. While only subawards under grants and cooperative agreements need to be reported at this time, subawards under all types of Federal financial assistance subject to the Transparency Act will need to be reported at a later date. \nComment: One Federal agency \nexpressed concern that it would be difficult to provide an actual dollar amount associated with a transfer of title to Federally owned property. \nResponse: We revised the definition \nof ‘‘Federal financial assistance subject \nto the Transparency Act’’ in that section \n(which now is section 170.320) to clarify that the guidance does not apply to transfers of title to Federally owned property. \nComment: One Federal agency \nsuggested amending the proposed guidance to explicitly exclude Cooperative Research and Development Agreements (CRDAs) under 15 U.S.C. 3710a from coverage under the Transparency Act. CRDAs are instruments authorized for use between \nFederal laboratories and non-Federal entities for technology transfer purposes. The commenter noted that the statute permits a Federal laboratory to receive funds from a non-Federal entity under a CRDA and expressed concern that a funds transfer might be perceived as a subaward to the Federal laboratory. \nResponse: We agree and made a \nchange to the definition of ‘‘Federal financial assistance subject to the Transparency Act’’ in that section \n(which now is section 170.320) of the guidance. The definition of ‘‘cooperative research and development agreement ’’ \nin 15 U.S.C. 3710a excludes transactions under which Federal funds are provided to non-Federal entities. It also distinguishes CRDAs, which are not Federal financial assistance awards, from cooperative agreements under the Federal Grant and Cooperative Agreement Act in 31 U.S.C., chapter 63. \nComment: One commenter noted that \nthe proposed guidance did not apply to \na Federal agency that receives an award from another agency and asked whether it would apply to an award that a Federal agency receives from a non- Federal entity. \nResponse: Yes, the guidance applies. \nThe non-Federal entity would have to report the subaward. At this time, the \nVerDate Mar<15>2010 14:52 Sep 13, 2010 Jkt 220001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\\FR\\FM\\14SER1.SGM 14SER1jdjones on DSK8KYBLC1PROD with RULES 55667 Federal Register / Vol. 75, No. 177 / Tuesday, September 14, 2010 / Rules and Regulations \nnon-Federal entity would not have to \nreport lower-tier subawards. To clarify this, we revised the definition of ‘‘entity’’ in the award term that now is in Appendix A to part 170. \nComment: One commenter stated that \nit acts as a fund manager overseeing accounts for Federal agencies into which voluntary payments, court- ordered settlements, fines, and other sources of funds are deposited. It noted that the Federal agency specifies the entities to whom funds from those accounts are obligated. The commenter asked if it is the recipient in that case and the other entities are the subrecipients, or if the entities to whom it awards the funds are the prime recipients because the Federal agency makes the funding decisions. \nResponse: If the funds cited in the \ncomment are available for obligation or reobligation for Federal program purposes, this situation is somewhat similar to that of a grant under which the recipient is authorized to: (1) Make loans for program purposes to subrecipients; (2) merge the funds received from those subrecipients’ loan payments back into the corpus of grant funding; and (3) use those repaid funds to make new loans. In both that case and the case raised by the commenter, the non-Federal entity that manages Federal agency funds that are available for \nprogram purposes is the recipient. The entities that receive the funds that the recipient obligates or reobligates are subrecipients. \nComment: One commenter suggested \nnot applying the reporting requirement below the first-tier of subawards under mandatory programs such as block and formula grants and other types of assistance to State, local, and tribal governments. \nResponse: The Transparency Act does \nnot authorize a limitation on the reporting requirement to the first-tier of subawards. At this time, however, we are deferring to a later date the implementation of the reporting requirement below the first-tier. \nComment: Six commenters asked \nwhether the requirements in the guidance applied to prior program announcements, awards, and subawards. One of the commenters pointed out that an applicant who already had applied in response to a previously issued announcement might have decided not to apply if it had been informed about the Transparency Act requirements prior to doing so. Others noted they would need to amend previously issued awards if the requirements applied to them. \nResponse: New Federal, non-Recovery \nAct funded grant awards and cooperative agreements with an award \ndate on or after October 1, 2010, and resulting first-tier subawards, are subject to the reporting requirements in this guidance. New Federal grants and cooperative agreements are grants and cooperative agreements with a new Federal Award Identification Number (FAIN) as of October 1, 2010. They do not include obligating actions on or after October 1, 2010, that provide additional funding under continuing grants and cooperative agreements awarded in prior fiscal years. \nD. Other Comments \nComment: Two commenters raised \nquestions about the dates in the \nproposed paragraph 33.200(a)(2). One commenter asked what was meant by the effective date of the part cited in paragraph (a)(2)(i). The other commenter recommended changing the date in paragraph (a)(2)(ii). That paragraph required a Federal agency to incorporate Transparency Act requirements into a program announcement or other application instructions if awards would be made after October 1, 2008, in response to applications using those instructions. The commenter recommended changing \nthe date to December 31, 2008. \nResponse: The guidance in 2 CFR part \n170 is effective today, with its publication in the Federal Register. We revised the date in paragraph 170.200(a)(2)(ii) to October 1, 2010. \nComment: Three commenters noted \nthat some entities may want to take advantage of the flexibility that the award term in the proposed guidance gave a recipient to either: (1) Pass the responsibility for reporting on lower-tier subawards to the subrecipients who made those subawards; or (2) do that reporting itself, which would require the recipient to collect the information from lower-tier subrecipients. One, a State agency, stated that it maintains a complete data base that should be sufficient to meet the Transparency Act requirements. \nResponse: We recognize the burdens \nassociated with subaward reporting and understand that programs and organizations differ. However, prime recipients will not have the option to delegate reporting of subgrant information to their subrecipients. We believe that this may help reduce reporting burden on subaward recipients. \nComment: Six commenters asked for \nclarification on the meaning of the phrases ‘‘date of obligation’’ and \n‘‘obligating action’’ used in the award \nterm in the proposed section 33.220 with respect to subawards. Two commenters asked how the date of \nobligation would be defined for a subaward that allowed reimbursement of pre-award costs a subrecipient incurred on or after a ‘‘start date’’ that \nwas prior to the date on which the subaward was signed. \nResponse: With respect to a subaward, \nan obligating action is a transaction that makes available to the subrecipient a known amount of funding for program purposes. Examples include a new subaward, an incremental funding amendment that increases the total amount of a subaward, or a quarterly allotment under a formula grant program. \nWe made no change to the guidance, \nsince ‘‘obligations’’ is a well established \nterm in OMB’s guidance on administrative requirements for grants and agreements (2 CFR part 215 and the common rule that Federal agencies adopted to implement OMB Circular A– 102). Under most Federal grants and cooperative agreements, recipients regularly report amounts of ‘‘unobligated balances’’ to Federal agencies on the \nstandard financial reporting forms. \nThe date of obligation for a subaward \nis the date on which the recipient authorizes the subrecipient to incur costs against the known amount it obligates, and does so in a way that legally obliges the recipient to provide funds to cover costs that are incurred in accordance with the subaward’s terms and conditions. That date usually is associated with the signature of a formal document, either the initial subaward or an amendment to it. That is distinct from the ‘‘start date’’ cited in the \nexample of pre-award costs, since we assume that the subrecipient incurs \nthose costs at its own risk, in anticipation of the subaward, and that the recipient has no legal obligation— until it signs the subaward—to provide award funds to cover those costs. \nComment: Eight commenters \nquestioned whether the guidance required reporting of obligations or disbursements as the award amounts. One commenter recommended that recipients and subrecipients report ‘‘expenditures,’’ the term used in the \nTransparency Act. Four State agencies asked how ‘‘obligations’’ would be \ndetermined in some programs that adjust the amount a subrecipient receives at some time after the initial obligation. One of the agencies cited the example of the school lunch program, under which the amount obligated is not known until after the subrecipient expends the funds. \nResponse: The guidance requires \nreporting of each obligation, rather than each disbursement against the amount \nVerDate Mar<15>2010 14:52 Sep 13, 2010 Jkt 220001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\\FR\\FM\\14SER1.SGM 14SER1jdjones on DSK8KYBLC1PROD with RULES 55668 Federal Register / Vol. 75, No. 177 / Tuesday, September 14, 2010 / Rules and Regulations \nobligated. If a recipient obligates a \nspecific known amount for a subaward, even if it may be adjusted later, it must report the obligation when it is made. For a program like the school lunch program, however, where the initial subaward provides the subrecipient with an open-ended authorization of unspecified amount, the obligation date corresponds to the date on which the amount of the obligation is specified. Reporting is required by the end of the month following the month in which the subaward obligation was made. \nComment: One commenter \nrecommended revising the requirement to report each obligating action within 30 days of the date of obligation. The commenter suggested allowing reporting quarterly, semiannually, or annually. \nResponse: We changed the guidance \nand award term to require obligations to be reported no later than the end of the month following the month of the obligation. For example, if a subaward is made on October 2, 2010, the subaward information must be reported by no later than November 30, 2010. \nComment: Ten commenters requested \nadditional clarification about the difference between a subaward, which must be reported under the Transparency Act, and procurement under an award, which is not subject to the reporting requirement. \nResponse: It is worth noting that \nrecipients for many years have had to judge whether a transaction under their Federal award was a subaward or a procurement action. That is because a recipient must include different requirements in a subaward than it does in a procurement under an award, in accordance with the administrative requirements in 2 CFR part 215 (OMB \nCircular A 110) or the common rule implementing OMB Circular A 102. Also, when the transaction provides funds to a for-profit entity, the recipient must properly take into account whether the transaction would be more characteristic of a vendor relationship than a subrecipient under ___.210 of \nOMB Circular A–133. The judgments a recipient must make to decide whether a lower tier agreement is a subaward or procurement for Transparency Act reporting purposes are the same as the judgments it makes to establish which terms and conditions to include in the agreement. Prime recipients should refer to awarding agency supplemental guidance, if any, in making such a determination. \nTwo examples may help clarify the \ndistinction, which is based on the purpose of the transaction between the recipient or subrecipient and the entity at the next lower tier. If the purpose of the lower-tier transaction is the same as \nthe purpose of the substantive program supported by the Federal award at the prime tier, so that the recipient through that lower tier transaction is in effect handing a portion of the substantive program over to the lower-tier entity for performance, the lower-tier transaction is a subaward. The two examples follow: \n•Example 1: Provision of health \nservices. A Federal program provides \nfunding to State agencies to deliver a variety of services for older citizens. If the State provides funds to a third party to carry out a type of service (e.g., mental health services) that is authorized under the program and the State otherwise might deliver itself, the agreement is a subaward because the third party is carrying out substantive programmatic activity that is the purpose of the Federal award. If a recipient or subrecipient obtains the services of a third party to help in designing public service announcements or developing educational materials about the program—goods or services that the State or subrecipient needs to carry out the program that is the purpose of the award—that would be a procurement under the award or subaward. \n•Example 2: Research. An agency \nmakes an award to a university to investigate basic physics to understand why certain materials have the properties they do. To do some of the experiments, the university researchers need an instrument that does not yet exist. The university provides funding under the Federal award to a small firm to carry out a research and development project and develop an instrument. The award to the firm has the purpose of instrument development, and does not have the same purpose as the Federal award. The award to the firm is a procurement action. If the university instead made an award to the firm to perform some of the basic research on \nphysics of materials that is the substantive program purpose of the Federal award, and the recipient determines it does not have a vendor relationship with the firm under this award as described in Sec. __.210 of the \nattachment to OMB Circular A–133, the award to the firm would be a subaward. \nComment: One commenter from a \nState agency said that it is unclear whether Medicaid is considered Federal financial assistance for the purposes of the subaward reporting requirement. \nResponse: There are no program \nexemptions under this guidance even though there are other types of exemptions which are described in the guidance. If a state makes a subaward under a grant or cooperative agreement to an entity other than an individual who is a natural person, the subaward is $25,000 or more, and no exemptions apply, the state would need to report the subaward. \nComment: Three commenters raised \nissues with wording in the award term in the proposed section 33.220 that related to the $25,000 reporting threshold for subawards. Two commenters asked for clarification on the meaning of ‘‘life of the subaward,’’ as \nthat phrase was used, both in the award term and the associated guidance to Federal agencies on use of the award term. Another commenter suggested that readers might perceive ‘‘$25,000 over the life of the subaward’’ to be \ninconsistent with ‘‘each action that obligates $25,000 or more in Federal funding.’’ One of the commenters also \nsuggested consistent wording to replace ‘‘a total value of $25,000’’ in one \nparagraph and ‘‘in that range’’ in another \nparagraph. \nResponse: With respect to the \ncomment concerning the apparent inconsistency between ‘‘a total value of 25,000’’ and ‘‘each action that obligates \n$25,000 or more in Federal funding,’’ it \nshould be noted that the two phrases refer to related but different requirements addressing lower-tier subaward reporting. We have revised the interim final guidance to show that only recipient reporting of first-tier subawards will be required at this time, and therefore, the comment is no longer relevant. We have replaced the phrase ‘‘life of the subaward’’ with alternative \nwording that more clearly specifies when a recipient must include the Transparency Act reporting requirement in a subaward it makes to a subrecipient. For new Federal grants or cooperative agreements as of October 1, 2010, if the initial award is $25,000 or more, reporting of subaward information is required. If the initial award is below $25,000 but subsequent award modifications result in a total award of $25,000 or more, the award is subject to the reporting requirements, as of the date the award exceeds $25,000. If the initial award is $25,000 or more, but funding is subsequently de- obligated such that the total award amount falls below $25,000, the award continues to be subject to the reporting requirements of the Transparency Act. \nComment: One commenter asked for \nclarification concerning reporting requirements for incrementally funded subawards. The commenter gave as an example a subaward that a recipient expected to exceed $25,000 over the duration of the subaward, but for which \nVerDate Mar<15>2010 14:52 Sep 13, 2010 Jkt 220001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\\FR\\FM\\14SER1.SGM 14SER1jdjones on DSK8KYBLC1PROD with RULES 55669 Federal Register / Vol. 75, No. 177 / Tuesday, September 14, 2010 / Rules and Regulations \nthe initial obligation was less than \n$25,000. \nResponse: Each action that obligates \n$25,000 or more in Federal funds must be reported. \nComment: Three commenters asked \nwhether a recipient or subrecipient would be required to report a downward adjustment in the amount of a subaward it had made previously. \nResponse: We made no change to the \nguidance. The award term that now is in section Appendix A to part 170 of the guidance refers recipients and subrecipients to the web site at which data submission instructions will be posted. Those instructions will include the specific data elements and their definitions that, as discussed in Section I of this Federal Register notice, have \nbeen established through a separate process under the Paperwork Reduction Act [75 FR 43165]. The instructions will address whether reporting of reductions in subaward amounts, sometimes called ‘‘deobligations,’’ are a subcategory of \nobligations to be reported. \nComment: One commenter asked \nabout the requirement to submit changed information other than subaward amounts, such as a change in subrecipient information. \nResponse: If the information that was \nreported was correct at the time it was reported and changed at a later date, there would be no need to subsequently revise the information in previously submitted reports. The updated information would be included in reports of subsequent obligations under the same subaward, however. \nThat is distinct from a case in which \na recipient later discovers that information it reported was erroneous at the time it was reported. Questions concerning error corrections in that case are being considered by the interagency group developing the data elements and information technology systems for subaward reporting. As discussed in the response to the previous comment, the process for resolving those issues will include an opportunity for public input. \nComment: Four commenters asked \nhow one would report subawards to recipients with multiple Federal funding sources. One commenter asked if the amount of funding from each program listed in the Catalog of Federal Domestic Assistance (CFDA) would need to be reported. \nResponse: Each action that obligates \n$25,000 or more in Federal funding would need to be separately reported. For new Federal grants or cooperative agreements as of October 1, 2010, if the initial award is $25,000 or more, reporting of subaward information is required. If the initial award is below $25,000 but subsequent award \nmodifications result in a total award of $25,000 or more, the award is subject to the reporting requirements, as of the date the award exceeds $25,000. If the initial award exceeds $25,000 but funding is subsequently de-obligated \nsuch that the total award amount falls below $25,000, the award continues to be subject to the reporting requirements of the Transparency Act. If a single action obligates funding from multiple programs, the data submitted for that action would include the CFDA number for the program that is the predominant source of the Federal funding. If a program’s funding is obligated by a separate amendment to the same subaward agreement that provides other programs’ funding, however, then the data reported for each amendment to the agreement would include the CFDA number of the program that provided the funding for that amendment. \nComment: One commenter asked \nwhether, in light of the new reporting requirements, a subrecipient would be subject to Federal audit requirements if it received $500,000 or more either from a single program or a combination of programs. \nResponse: The new reporting \nrequirements under the Transparency Act do not change the audit requirements in OMB Circular A–133, section ll.200, that apply to a non- \nFederal entity that expends $500,000 or more in ‘‘federal awards’’ (which the \nCircular defines to include Federal financial assistance received indirectly through pass-through entities). \nIII. Next Steps \nFederal agencies that award Federal \nfinancial assistance subject to the \nTransparency Act will implement the interim final guidance in 2 CFR part 170 through their regulations, internal policy guidance to awarding offices, program announcements and application instructions, and the award term that now is in section Appendix A to part 170. The General Services Administration has recently published in the Federal Register with an opportunity for public comment the information collections that provide the specific data elements required for Transparency Act reporting of subawards and executive compensation [75 FR 43165]. The information collections will be modified as appropriate in response to public comments and published with any other operational guidelines before recipients begin reporting data on subawards. List of Subjects in 2 CFR Part 170 \nBusiness and industry, Colleges and \nuniversities, Cooperative agreements, \nFarmers, Federal aid programs, Grant programs, Grants administration, Hospitals, Indians, Insurance, International organizations, Loan programs, Nonprofit organizations, Reporting and recordkeeping requirements, State and local governments, Subsidies. \nDanny Werfel, \nController. \nAuthority and Issuance \n■For the reasons set forth above, the \nOffice of Management and Budget \namends 2 CFR chapter I by adding part 170 to read as follows: \nPART 170—REPORTING SUBAWARD \nAND EXECUTIVE COMPENSATION INFORMATION \nSec. \nSubpart A—General \n170.100 Purposes of this part. \n170.105 Types of awards to which this part \napplies. \n170.110 Types of entities to which this part \napplies. \n170.115 Deviations. \nSubpart B—Policy \n170.200 Requirements for program \nannouncements, regulations, and \napplication instructions. \n170.220 Award term \nSubpart C—Definitions \n170.300 Agency. \n170.305 Award. 170.310 Entity. 170.315 Executive 170.320 Federal financial assistance \nsubject to the Transparency Act. \n170.325 Subaward. 170.330 Total compensation. Appendix A to Part 170—Award Term \nAuthority: Pub. L. 109–282; 31 U.S.C. \n6102. \nSubpart A—General \n§ 170.100 Purposes of this part. \nThis part provides guidance to \nagencies to establish requirements for \nrecipients’ reporting of information on subawards and executive total compensation, as required by the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 109– 282), as amended by section 6202 of Public Law 110–252, hereafter referred to as ‘‘the Transparency Act’’. \n§ 170.105 Types of awards to which this \npart applies. \nThis part applies to an agency’s \ngrants, cooperative agreements, loans, \nVerDate Mar<15>2010 14:52 Sep 13, 2010 Jkt 220001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\\FR\\FM\\14SER1.SGM 14SER1jdjones on DSK8KYBLC1PROD with RULES 55670 Federal Register / Vol. 75, No. 177 / Tuesday, September 14, 2010 / Rules and Regulations \nand other forms of Federal financial \nassistance subject to the Transparency Act, as defined in § 170.320. \n§ 170.110 Types of entities to which this \npart applies. \n(a) General. Through an agency’s \nimplementation of the guidance in this \npart, this part applies to all entities, other than those excepted in paragraph (b) of this section, that— \n(1) Apply for or receive agency \nawards; or \n(2) Receive subawards under those \nawards. \n(b) Exceptions. (1) None of the \nrequirements in this part apply to an individual who applies for or receives an award as a natural person (i.e., unrelated to any business or non-profit organization he or she may own or operate in his or her name). \n(2) None of the requirements \nregarding reporting names and total compensation of an entity’s five most highly compensated executives apply unless in the entity’s preceding fiscal year, it received— \n(i) 80 percent or more of its annual \ngross revenue in Federal procurement contracts (and subcontracts) and Federal financial assistance awards subject to the Transparency Act, as defined at § 170.320 (and subawards); and \n(ii) $25,000,000 or more in annual \ngross revenue from Federal procurement contracts (and subcontracts) and Federal financial assistance awards subject to the Transparency Act, as defined at § 170.320; and \n(3) The public does not have access to \ninformation about the compensation of the senior executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. \n§ 170.115 Deviations. \nDeviations from this part require the \nprior approval of the Office of Management and Budget (OMB). \nSubpart B—Policy \n§ 170.200 Requirements for program \nannouncements, regulations, and application instructions. \n(a) Each agency that makes awards of \nFederal financial assistance subject to \nthe Transparency Act must include the requirements described in paragraph (b) of this section in each program announcement, regulation, or other issuance containing instructions for applicants: \n(1) Under which awards may be made \nthat are subject to Transparency Act reporting requirements; and (2) That either: \n(i) Is issued on or after the effective \ndate of this part; or \n(ii) Has application or plan due dates \nafter October 1, 2010. \n(b) The program announcement, \nregulation, or other issuance must \nrequire each entity that applies and does not have an exception under § 170.110(b) to ensure they have the necessary processes and systems in place to comply with the reporting requirements should they receive funding. \n(c) Federal agencies that obtain post- \naward data on subaward obligations outside of this policy should take the necessary steps to ensure that their recipients are not required, due to the combination of agency-specific and Transparency Act reporting requirements, to submit the same or similar data multiple times during a given reporting period. \n§ 170.220 Award term. \n(a) To accomplish the purposes \ndescribed in § 170.100, an agency must include the award term in Appendix A to this part in each award to a non- Federal entity under which the total funding will include $25,000 or more in Federal funding at any time during the project or program period. \n(b) An agency— \n(1) Consistent with paragraph (a) of \nthis section, is not required to include \nthe award term in Appendix A to this part if it determines that there is no possibility that the total amount of Federal funding under the award will equal or exceed $25,000. However, the agency must subsequently amend the award to add the award term if changes in circumstances increase the total Federal funding under the award to $25,000 or more during the project or program period. \nSubpart C—Definitions \n§ 170.300 Agency. \nAgency means a Federal agency as \ndefined at 5 U.S.C. 551(1) and further \nclarified by 5 U.S.C. 552(f). \n§ 170.305 Award. \nAward, for the purposes of this part, \neffective October 1, 2010, means a grant or cooperative agreement. On future dates to be specified by OMB in policy memoranda available at the OMB Web site, award also will include other types of awards of Federal financial assistance subject to the Transparency Act, as defined in § 170.320. \n§ 170.310 Entity. \nEntity has the meaning given in 2 CFR \npart 25. § 170.315 Executive. \nExecutive means officers, managing \npartners, or any other employees in management positions. \n§ 170.320 Federal financial assistance \nsubject to the Transparency Act. \nFederal financial assistance subject to \nthe Transparency Act means assistance \nthat non-Federal entities described in § 170.105 receive or administer in the form of— \n(a) Grants; \n(b) Cooperative agreements (which \ndoes not include cooperative research \nand development agreements pursuant to the Federal Technology Transfer Act of 1986, as amended (15 U.S.C. 3710a)); \n(c) Loans; \n(d) Loan guarantees; (e) Subsidies; (f) Insurance; (g) Food commodities; (h) Direct appropriations; (i) Assessed and voluntary \ncontributions; and \n(j) Other financial assistance \ntransactions that authorize the non- \nFederal entities’ expenditure of Federal funds. \n(b) Does not include— \n(1) Technical assistance, which \nprovides services in lieu of money; \n(2) A transfer of title to Federally \nowned property provided in lieu of \nmoney, even if the award is called a grant; \n(3) Any classified award; or \n(4) Any award funded in whole or in \npart with Recovery funds, as defined in \nsection 1512 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111–5). \n§ 170.325 Subaward. \nSubaward has the meaning given in \nparagraph e.3 of the award term in Appendix A to this part. \n170.330 Total compensation. \nTotal Compensation has the meaning \ngiven in paragraph e.5 of the award term in Appendix A to this part. \nAppendix A to Part 170—Award Term \nI. Reporting Subawards and Executive \nCompensation. \na. Reporting of first-tier subawards. \n1. Applicability. Unless you are exempt as \nprovided in paragraph d. of this award term, \nyou must report each action that obligates $25,000 or more in Federal funds that does not include Recovery funds (as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009, Pub. L. 111–5) for a subaward to an entity (see definitions in paragraph e. of this award term). \n2. Where and when to report. \ni. You must report each obligating action \ndescribed in paragraph a.1. of this award term to http://www.fsrs.gov. \nVerDate Mar<15>2010 14:52 Sep 13, 2010 Jkt 220001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\\FR\\FM\\14SER1.SGM 14SER1jdjones on DSK8KYBLC1PROD with RULES 55671 Federal Register / Vol. 75, No. 177 / Tuesday, September 14, 2010 / Rules and Regulations \nii. For subaward information, report no \nlater than the end of the month following the \nmonth in which the obligation was made. (For example, if the obligation was made on November 7, 2010, the obligation must be reported by no later than December 31, 2010.) \n3. What to report. You must report the \ninformation about each obligating action that the submission instructions posted at http://www.fsrs.gov specify. \nb. Reporting Total Compensation of \nRecipient Executives. \n1. Applicability and what to report. You \nmust report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if— \ni. the total Federal funding authorized to \ndate under this award is $25,000 or more; \nii. in the preceding fiscal year, you \nreceived— \n(A) 80 percent or more of your annual gross \nrevenues from Federal procurement contracts \n(and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and \n(B) $25,000,000 or more in annual gross \nrevenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and \niii. The public does not have access to \ninformation about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.) \n2. Where and when to report. You must \nreport executive total compensation described in paragraph b.1. of this award term: \ni. As part of your registration profile at \nhttp://www.ccr.gov. \nii. By the end of the month following the \nmonth in which this award is made, and annually thereafter. \nc. Reporting of Total Compensation of \nSubrecipient Executives. \n1. Applicability and what to report. Unless \nyou are exempt as provided in paragraph d. of this award term, for each first-tier subrecipient under this award, you shall report the names and total compensation of each of the subrecipient’s five most highly compensated executives for the subrecipient’s preceding completed fiscal year, if— \ni. in the subrecipient’s preceding fiscal \nyear, the subrecipient received— \n(A) 80 percent or more of its annual gross \nrevenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and \n(B) $25,000,000 or more in annual gross \nrevenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act \n(and subawards); and \nii. The public does not have access to \ninformation about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/ execomp.htm.) \n2. Where and when to report. You must \nreport subrecipient executive total compensation described in paragraph c.1. of this award term: \ni. To the recipient. ii. By the end of the month following the \nmonth during which you make the subaward. For example, if a subaward is obligated on any date during the month of October of a given year (i.e., between October 1 and 31), \nyou must report any required compensation information of the subrecipient by November 30 of that year. \nd. Exemptions \nIf, in the previous tax year, you had gross \nincome, from all sources, under $300,000, you are exempt from the requirements to report: \ni. Subawards, and ii. The total compensation of the five most \nhighly compensated executives of any \nsubrecipient. \ne. Definitions. For purposes of this award \nterm: \n1. Entity means all of the following, as \ndefined in 2 CFR part 25: \ni. A Governmental organization, which is \na State, local government, or Indian tribe; \nii. A foreign public entity; iii. A domestic or foreign nonprofit \norganization; \niv. A domestic or foreign for-profit \norganization; \nv. A Federal agency, but only as a \nsubrecipient under an award or subaward to a non-Federal entity. \n2. Executive means officers, managing \npartners, or any other employees in management positions. \n3. Subaward: \ni. This term means a legal instrument to \nprovide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. \nii. The term does not include your \nprocurement of property and services needed to carry out the project or program (for further explanation, see Sec. ll .210 of the \nattachment to OMB Circular A–133, ‘‘Audits of States, Local Governments, and Non-Profit \nOrganizations’’). \niii. A subaward may be provided through \nany legal agreement, including an agreement that you or a subrecipient considers a contract. \n4. Subrecipient means an entity that: \ni. Receives a subaward from you (the \nrecipient) under this award; and \nii. Is accountable to you for the use of the \nFederal funds provided by the subaward. 5. Total compensation means the cash and \nnoncash dollar value earned by the executive \nduring the recipient’s or subrecipient’s preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)): \ni. Salary and bonus. \nii. Awards of stock, stock options, and \nstock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. \niii. Earnings for services under non-equity \nincentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. \niv. Change in pension value. This is the \nchange in present value of defined benefit and actuarial pension plans. \nv. Above-market earnings on deferred \ncompensation which is not tax-qualified. \nvi. Other compensation, if the aggregate \nvalue of all such other compensation (e.g. \nseverance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. \n[FR Doc. 2010–22705 Filed 9–13–10; 8:45 am] \nBILLING CODE 3110–01–P \nOFFICE OF MANAGEMENT AND \nBUDGET \n2 CFR Subtitle A, Chapter I, and Part \n25 \nFinancial Assistance Use of Universal \nIdentifier and Central Contractor Registration \nAGENCY : Office of Federal Financial \nManagement, Office of Management and Budget. \nACTION : Final guidance. \nSUMMARY : OMB is issuing guidance to \nFederal agencies concerning two requirements for financial assistance applicants and recipients, and one requirement for first-tier subrecipients. An agency under the guidance must require applicants other than individuals, with some specific exceptions, to have Dun and Bradstreet Data Universal Numbering System (DUNS) numbers and maintain current registrations in the Central Contractor Registration (CCR) database. An agency must require applicants and recipients of grants and cooperative agreements to comply with the DUNS number and CCR requirements by October 1, 2010 and require applicants and recipients of all other financial assistance types to comply by October 1, 2011. The guidance provides standard wording for a new award term that each agency must \nVerDate Mar<15>2010 14:52 Sep 13, 2010 Jkt 220001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\\FR\\FM\\14SER1.SGM 14SER1jdjones on DSK8KYBLC1PROD with RULES" }

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{ "pdf_file": "KIUEITSZRTECBD2K3QVN45QGYG2VIQFS.pdf", "text": "C25\nMeasurement of the absolute energy and energy spread of the ESRF electron beam\nusing undulator radiation\nEric Tarazona and P. Elleaume\nESRF, BP 220, 38043 Grenoble Cedex, France\nTwo simple methods of characterization of the energy and energy spread of the electron beam have\nbeen developed at the ESRF. Both are based on the analysis of the x-ray spectrum from an\nundulator.\nThe first allows the absolute energy of the electrons to be determined. It is based on the\ndependence between the harmonics’ wavelengths and the electron beam energy. The x-ray beam is\nmonochromatized at 21 keV by a silicon crystal in backscattering geometry. By adjusting the\nmagnetic gap, one makes the undulator third harmonic coincide with the energy selected by the\ncrystal. The electron beam energy is deduced from the gap value and the knowledge of the\nundulator period and photon wavelength. The main errors come from the uncertainties regarding\nthe undulator parameters (magnetic field and period). The effects of the uncertainties in the\nmagnetic field are minimized by working at low field (K=0.37). The accuracy currently obtained is\nbetter than 10-3.\nThe energy spread measurement is performed by a second method which is based on the change in\nthe shape of the harmonics’ profile with energy spread. It is deduced from the measured ratio\nbetween the height of the seventh harmonic peak at 29 keV and that of the secondary maximum.\nThe measured low current energy spread is 1.1 x 10-3 +/- 20%. It increases with the single bunch\ncurrent due to turbulent bunch lengthening." }

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{ "pdf_file": "UJ4BLXG5WVOR74SEFBHIMJZYVQCVV3EZ.pdf", "text": " " }

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{ "pdf_file": "HOX6HP64JIBXKA2HFWNSAWSJFUHWENGZ.pdf", "text": "page 1 of 6 Sun Apr 25 21:42:43 EDT 2010 440901040000  New York State Education Department\nSpecial Education\nSchool District Data Profile for\nHighland Falls Central School District for 2005-06\n  Vocational and Educational Services for Individuals with Disabilities\nSpecial Education School District Data Profile for 2005-06\nThe Special Education School District Data Profile is prepared in accordance with the requirement of the Individuals with Disabilities Education Act (IDEA). Each State must have \na State Performance Plan (SPP) to evaluate the State's efforts to meet the requirements and purposes of the implementation of IDEA. The SPP is a six-year plan which describes \nNew York State's performance on 20 indicators. States must report annually to the public on the performance of the State in an Annual Performance Report (APR) and each \nschool district against the State's targets. New York State's SPP and the APR that describe these indicators in detail are available at \nhttp://www.vesid.nysed.gov/specialed/spp/home.html .\nThe following report reflects only quantifiable data collected by the State. Since performance of a school district in any indicator may be the result of unique circumstances within \na district, readers are encouraged to consider information provided by the district's administration in interpreting these data.\nEnrollment and Classification Rate\n  2005-06\nEnrollment of school-age students with disabilities on December 1 146\nDistrict enrollment (public and nonpublic school-age students - with and without disabilities) on the first Wednesday \nin October1,371\nSpecial education classification rate 10.7%\nEnrollment of preschool students with disabilities on December 1 9\nIndicator 1: Graduation Rate of Students with Disabilities\n 2005-06\n(2002 Total Cohort as of June 30, 2006)\nNumber of students with disabilities who first entered 9th grade anywhere (or if ungraded, became 17 years old) in \n2002-03 school year10\nGraduation rate 50%\nState target for 2005-06 37% or higher\nMeets State target? Not Applicable*\n* A graduation rate is provided only if at least 30 students with disabilities are reported in the first row. page 2 of 6 Sun Apr 25 21:42:43 EDT 2010 440901040000  New York State Education Department\nSpecial Education\nSchool District Data Profile for\nHighland Falls Central School District \n  Vocational and Educational Services for Individuals with Disabilities\nIndicator 2: Drop-Out Rate of Students with Disabilities\n 2005-06\n(2002 Total Cohort as of June 30, 2006)\nNumber of students with disabilities who first entered 9th grade anywhere (or if ungraded, became 17 years old) in \n2002-03 school year10\nDrop-out rate after four years 0%\nState target for 2005-06 19% or lower\nMeets State target? Not Applicable*\n* A drop-out rate is provided only if at least 30 students with disabilities are reported in the first row.\nIndicator 3: State Assessments\nParticipation in State Assessments2005-06\nGrades\n3-8\nEnglish Language \nArts (ELA)Grades\n3-8\nMathHigh School\nEnglish Language \nArts (ELA)High School\nMath\nEnrollment of students with disabilities for participation rate 71 73 Less Than 40* Less Than 40*\nParticipation rate 93% 89% * *\nState target for 2005-06 95% 95% 95% 95%\nMeets State target? No No * *\n* Participation rate is provided only if at least 40 students with disabilities are reported in the first row.\nPerformance on State Assessments and Adequate Yearly Progress \n(AYP)2005-06\nGrades\n3-8\nEnglish Language \nArts (ELA)Grades\n3-8\nMathHigh School\nEnglish Language \nArts (ELA)High School\nMath\nEnrollment of students with disabilities for performance \naccountability35 34 Less Than 30** Less Than 30**\nScore on performance index 91 103 ** **\nState target for 2005-06 91 100 114 124\nMeets State target? Yes Yes ** **\nMade AYP? No No ** **\n** A performance index score is provided only if at least 30 students with disabilities are reported in the first row. page 3 of 6 Sun Apr 25 21:42:43 EDT 2010 440901040000  New York State Education Department\nSpecial Education\nSchool District Data Profile for\nHighland Falls Central School District \n  Vocational and Educational Services for Individuals with Disabilities\nIndicator 4: Suspensions/Expulsions\nA. Long-term Suspension Rate 2005-06\nNumber of students with disabilities suspended out-of-school for more than 10 days 1\nNumber of students with disabilities enrolled on December 1 146\nPercent of students with disabilities suspended out-of-school for more than 10 days 0.7%\nState target for 2005-06 4.0% or lower\nMeets State target? Yes\nIndicator 5: School-age Least Restrictive Environment (LRE)\n  2005-2006\nNumber of students with disabilities ages 6-21 on December 1 140\n Percent of students with disabilities in general education \nprogram for: In\nseparate\nschools /\n facilities80% or\nmore of\nthe day40 to 79%\nof the dayLess than\n40% of\nthe day\nPercent of students ages 6-21 in each setting 38.6% 32.9% 23.6% 5%\nState target for 2005-06 54% or higher No State Target 27.3% or lower 6.9% or lower\nMeets State target? No Not Applicable Yes Yes\nIndicator 6: Preschool Least Restrictive Environment (LRE)\n  2005-06\nEnrollment of preschool students with disabilities on December 1 9\nPercent of preschool students with disabilities provided services in settings that include nondisabled students (or at \nhome)33.3%\nState target for 2005-06 64%\nMeets State target? No page 4 of 6 Sun Apr 25 21:42:43 EDT 2010 440901040000  New York State Education Department\nSpecial Education\nSchool District Data Profile for\nHighland Falls Central School District \n  Vocational and Educational Services for Individuals with Disabilities\nIndicator 7: Preschool Outcomes\nData for this indicator will be posted beginning June 2008, in accordance with the schedule posted at http://www.vesid.nysed.gov/sedcar/sppschedule.html .\n 2005-06\nPositive\nSocial - Emotional \nSkillsAcquisition and \nUse of Knowledge \n& SkillsUse of\nAppropriate Behaviors\nto Meet\ntheir Needs\nNumber of preschool students with disabilities evaluated for progress between entry into \npreschool special education and exit from preschool special education\n Percent of preschool students with disabilities who demonstrate improvement\nState target for 2005-06\nMeets State target?\nIndicator 8: Parental Involvement\nIf data are not provided for this indicator, see the schedule posted at http://www.vesid.nysed.gov/sedcar/sppschedule.html for the school year in which this school district will \nreport data for this indicator.\n  2005-06\nNumber of completed parent surveys returned\nPercent of parents who reported that schools facilitated parent involvement to improve services and results for \nstudents with disabilities\nState target for 2005-06 86.9% or higher\nMeets State target?\nIndicator 9: Disproportionality - Identification for Special Education\n  2005-06\nDid the school district have disproportionate representation of racial and ethnic groups in special education and \nrelated services that was the result of inappropriate policies, practices and procedures?No\nState target for 2005-06No school districts will have disproportionality \nthat is the result of inappropriate policies, \npractices and procedures.\nMeets State target? Yes\nDate the district reported correction of noncompliance for this indicator Not Applicable page 5 of 6 Sun Apr 25 21:42:43 EDT 2010 440901040000  New York State Education Department\nSpecial Education\nSchool District Data Profile for\nHighland Falls Central School District \n  Vocational and Educational Services for Individuals with Disabilities\nIndicator 10A: Disproportionality in Specific Disability Categories\n  2005-06\nDid the school district have disproportionate representation of racial and ethnic groups in specific disability categories \nthat was the result of inappropriate policies, practices and procedures?No\nState target for 2005-06No school districts will have disproportionality \nthat is the result of inappropriate policies, \npractices and procedures.\nMeets State target? Yes\nDate the district reported correction of noncompliance for this indicator Not Applicable\nIndicator 10B: Disproportionality in Special Education Placements\n  2005-06\nDid the school district have disproportionate representation of racial and ethnic groups in particular settings that was \nthe result of inappropriate policies, practices and procedures?No\nState target for 2005-06No school districts will have disproportionality \nthat is the result of inappropriate policies, \npractices and procedures.\nMeets State target? Yes\nDate the district reported correction of noncompliance for this indicator Not Applicable\nIndicator 11: Timely Evaluations (Child Find)\nIf data are not provided for this indicator, see the schedule posted at http://www.vesid.nysed.gov/sedcar/sppschedule.html for the school year in which this school district will \nreport data for this indicator.\n 2005-06\nPreschool School-age\nNumber of students evaluated\nPercent of students with parental consent to evaluate, who were evaluated within State required timelines\nState target for 2005-06 100% 100%\nMeets State target? page 6 of 6 Sun Apr 25 21:42:43 EDT 2010 440901040000  New York State Education Department\nSpecial Education\nSchool District Data Profile for\nHighland Falls Central School District \n  Vocational and Educational Services for Individuals with Disabilities\nIndicator 12: Early Childhood Transition\nIf data are not provided for this indicator, see the schedule posted at http://www.vesid.nysed.gov/sedcar/sppschedule.html for the school year in which this school district will \nreport data for this indicator.\n  2005-06\nNumber of students referred from Early Intervention (Part C) to Preschool Special Education (Part B) prior to third \nbirthday\nPercent of students who have an IEP implemented by their third birthday (includes students for whom IEP is not \nimplemented or is delayed for reasons that are in compliance with State requirements.)\nState target for 2005-06 100%\nMeets State target?\nIndicator 13: Secondary Transition\nIf data are not provided for this indicator, see the schedule posted at http://www.vesid.nysed.gov/sedcar/sppschedule.html for the school year in which this school district will \nreport data for this indicator.\n  2005-06\nNumber of IEPs reviewed for students ages 15 and above 50\nPercent of IEPs of students ages 15 and above that include coordinated, measurable, annual IEP goals and transition \nservices that will reasonably enable the student to meet the post-secondary goals0%\nState target for 2005-06 100%\nMeets State target? No\nDate the district reported correction of noncompliance for this indicator 10/10/2007\nIndicator 14: Post-School Outcomes\nData for this indicator will be posted beginning June 2008, in accordance with the schedule posted at http://www.vesid.nysed.gov/sedcar/sppschedule.html .\n  2005-06\nNumber of students interviewed to assess post-school outcomes one year after leaving high school\n Percent of students who had IEPs, are no longer in secondary school, and who have been enrolled in some type of \npost-secondary school within one year of leaving high school\nPercent of students who had IEPs, are no longer in secondary school, and who have been competitively employed \nwithin one year of leaving high school\nState target for 2005-06\nMeets State target?\nDisclaimers and Notices " }

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{ "pdf_file": "WI6MQK44PH35QPVM66HY4CYIA7IW3XQO.pdf", "text": "A \n1 \nASSESSMENT OF FLEXIBLE UNES \nFCR \nFWM INDUCED VIBRATION \nCfOüCt C. MARSHALL \nNATIONAL AtRONAUtICS \nANO SPACt AOYlNl!VRAïiOll \nHU NTSVILLC. ALA. AMA VRACTIOW OICIXAU AIOLI1 \nPLCM INDUCED VIBRATION \n2 OM02 5 ú0 \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- REVISION LOG \nRevision \nLetter I I 1 \nDate of Revised \nRevi si on Pages \nBaseline \nA Description \n4/17/73 \n5/14/7 3 I I \nI I \nl \nB 9/25/79 \nE 2/28/90 \n12/19/91 ~~ ~ \nALL Completely revised to reflect \nnew analytical procedures \ndeveloped in NASA TN-82556. \nALL \n3-11,14 I \n15,26,29, \n33,34,36, \n37,39,44 I \n40 I 41,45, \n46 I 48-58 , \n61,63-69, \n72,74,75, \n77-86 , 90 I \n93-100 I \n103-106, \n108 , \n110-114, \n116-118 Completely revised. Major \nchanges include convolute \nbending mode, new examples, \nnew computer program (ver. \n3.21, new FNCO eqn., added \nsafety factors, added \nOper. velocity criteria, \ncorrected static stress \neqns., added modified \nGoodman method, and \ngeneral clarification. \nModified scope of the \ndocument. Changed I*safety \nfactor'l to \"uncertainty \nfact,or.\" Deleted static \nstress eqns. (App. B) . Added \na system level analysis \n(para. 3.0). Deleted \nmaterials data (Tables \n2 & 3). Changed method of \nfatigue assessment. Deleted \nmodified Goodman approach. \nAdded two references. \nMade minor changes to \ncomputer program. Made \nseveral other minor changes. \nNOTE: Refer to EO $2 for \ndetailed description \nof changes. \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- ~ \n9999939 O000239 b45 \nREVISIONS \nSYM DESCR I PT I ON i \nTABLE OF CONTENTS ûATE APPROVAL \nPase \n20M02540 COO€ DWG \nIOENTNC SIZE 1.0 GENERAL . . . . . . . . . . . . . . . . . . . . 6 \n2 1.1 Scope . . . . . . . . . . . . . . . . . . . . 6 \n1.2 Excluded Flexible Line Assemblies . . . . . . 8 \n1.3 Media . . . . . . . . . . . . . . . . . . . . 9 \n1.4 Design Criteria . . . . . . . . . . . . . . . 9 \nA SHEET 3 OF /fl7 2.0 DESIGN ANALYSIS PROCEDURE . . . . . . . . . . . 9 \n2.1 Natural Frequency Calculation . . . . . . . . 12 \n2.1.1 Free Bellows . . . . . . . . . . . . . . . 12 \n2.1.2 Flexhose . . . . . . . . . . . . . . . . . 20 \n2.2 Flow Excitation Range Calculation . . . . . . 24 \n2.3 First Radial Acoustic Mode Resonance \nCalculation (Gas Media Only) . . . . . . . . 26 \n2.4 Flow-Induced Stress Calculation . . . . . . . 29 \n2.4.1 Uncertainty Factors . . . . . . . . . . . 33 \n2.5 Bellows and Flexhose Fatigue Assessment . . . 34 \n2.6 Bellows and Flexhose Operating Velocity \nAssessment . . . . . . . . . . . . . . . . . 35 \n3.0 \n4.0 \n5.0 \n6.0 SYSTEM LEVEL ANALYSIS OF A FLEXIBLE LINE . . . . 37 \nFLOW TESTING . . . . . . . . . . . . . . . . . . 42 \nCOMPUTER PROGRAM . . . . . . . . . . . . . . . . 42 \nEXAMPLE PROBLEMS . . . . . . . . . . . . . . . . 43 \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- ~~ \n9999939 0000240 367 \n20M02540 CODE DWG \nIDENTNO SIZE . \nb A REVISIONS \nSYM DESCRI PTION DATE APPROVAL \n'SHEET OF 107 TABLE OF CONTENTS (Conlt) \nPaqe \nREFERENCES ......... 44 ............. \nAPPENDIX A - SYMBOLS AND DEFINITIONS ......... 45 \nAPPENDIX B - FLOW-INDUCED VIBRATION EXAMPLE PROBLEMS \nFOR BELLOWS AND FLEXHOSE ......... 50 \nAPPENDIX C - BELLOWS FLOW-INDUCED VIBRATION \nCOMPUTER PROGRZM 88 ............. \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- W 9999939 00002g3 2T3 \n20M0254G CODE DWG \nIDENTNO SIZE \nP LIST OF FIGURES \nPase \nFIGURE 1 - LUMPED SPRING-MASS MECHANICAL MODEL \nFOR FREE BELLOWS .............. 13 \nFIGURE 2 - BELLOWS NOMENCLATURE ............ 14 \nFIGURE 3 - SUMMARY OF BELLOWS VIBRATION MODES ..... i9 \n'FIGURE 4 - LUMPED SPRING-MASS MECHANICAL MODEL \nFOR FLEXHOSE ................ 21 \nFIGURE 5 - SUMMARY OF FLEXIBLE HOSE VIBRATION MODES . . 23 \nFIGURE 6 - FREQUENCY VS. VELOCITY PLOT INDICATING \nFLOW EXCITATION RANGE ........... 27 \nFIGURE 7 - FLOWCHART FOR SYSTEM LEVEL ANALYSIS .... 38 \nLIST OF TABLES \nPaqe \nTABLE 1 - DIMENSIONLESS FREQUENCY FACTORS BN ..... 17 \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- ~ ~~ ~- \n9999939 0000242 L3T \nA \n1 MSFC FORM 422-8 (VERTICAL) (NOVEMeER 1962) COWTlWATiOM SM(EE7 \nREVISIONS \nDATE APPROVAL DESCR if T ION MSFC FORM 422-8 (VERTICAL) (NOVEMeER 1962) COWTlWATiOM SM(EE7 \nREVISIONS \n1. o GENERAL \nIt is well known that the occurrence of flow-induced \nvibrations in flexible lines, specifically metal bellows and \nflexhoses, can cause premature failure. This is attribute6 \nto a resonance caused by the coupling of vortex shedding from \nthe convolutes with the natural frequencies of the flexible \nline. \nto prevent resonance from occurring. \ngoal cannot be met, it is then desirable to analytically \npredict what the expected life of the bellows and flexhose \nis due to flow-induced vibration loads. A goal in designing these bellows and flexhoses is \nIn the event this \n1.1 Scope \nThe purpose of this document is to establish the \nanalytical methods for determining whether a given design of \nan annular convoluted metal bellows or flexhose is susceptible \nto flow-induced vibrations. \npredicting the excitation flow range, frequency, and the \ncorresponding stress resulting from only flow-induced \nvibration loads. \nexpected life of the bellows or flexhose, \nobjective of achieving a theoretically infinite life for \nflow-induced vibrations. These analytical methods include \nThis then leads to prediction of the \nwith a final \nThe analytical assessment in this document shall be \nperformed on all flexible lines consisting of formed annular \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- A \nA \nCODE \nIOENTNq convoluted metal bellows or flexhose, except those contained \nin paragraph 1.2, regardless of fluid velocity. It does not \nconsider other bellows or flexhose configurations such as \nwelded disc, ring reinforced, toroidal, etc. \nconfigurations which do not fit this analysis, some other \napproved analysis or testing must be done. For those type \nThe analytical model does not account for changes in \nthe flexible line during thermal transients. \nassessment shall be performed three times on each flexible. \nline in a application where its length changes as follows: \nFirst, for the flexible line in its free length; second, for \nthe flexible line in maximum thermal compression; third, for \nthe flexible line in maximum thermal extension. Therefore, the \nThe analytical method in this document was developed \nonly for metal bellows and flexhoses manufactured with formed \nannular convolutes, as shown in Figure 2. These are the most \ncommonly used type in propellant systems. The analytical \nmodel was developed in reference 1. \nreference 1 were empirically derived from extensive testing \nand are the basis of this document. The equations in \nCAUTIONARY NOTE: The analysis in this document was \ndeveloped for normal flexible line installations. \nallow for installations where unusual flow disturbances exist It does not \nDWG 20M02540 SIZE \nI li1 \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- A \n1 \nCODE \nIDENTNO (except for elbows located upstream of the flexible line) or \nfor multi-phase flows. \nCAUTIONARY NOTE: This document is intended as a tool \nfor analyzing only one portion of the total design of a \nflexible line. \nsources other than flow-induced vibration when determining the \ntotal system life of the flexible line (see paragraph 3.0). \nThe engineer must also consider other requirements (stability, \npressure capability, etc.) not covered by this document in the \ndesign of a flexible line. \n1.2 Excluded Flexible Line Assemblies The engineer must consider all possible load \n, \nA. Instrumentation flexible lines. \nB. Flexible lines with steady-state flow of \nless than one second duration. \nFlexible lines with liners and sliding joints. \nComponents which do not fall into any of the \nfollowing flight criticality categories: C. \nD. \nI. Personnel hazard \nII. Mission/vehicle loss \nIII. Launch delay \n20M02540 DWG \nSIZE \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- m 9999939 0000245 949 m \n1.3 Meäia \nDesign analysis shall be repeated to verify the \nflexible line design integrity for all media imposed on the \nline, such as when a substitute medium is to be used in ground \nsystem checkout or other flow tests. \nb 1.4 Desisn Criteria \nThere are two design criteria in which the flexible \nline (bellows and flexhose) shall be designed to meet. These \nare listed below: \n1. The flexible line shall be designed to meet a \ntheoretically infinite life, if its high cycle material curve \nexhibits a true endurance limit, for flow-induced vibration \nloads at its expected operating conditions. For a material \nnot exhibiting a true endurance limit, an endurance limit as \ndefined by each program shall be used. \n2. The maximum operating flow velocity of the \nflexible line shall be limited per paragraph 2.6. \n2.0 DESIGN ANALYSIS PROCEDURE \nThe procedure for analyzing a given bellows or \nflexhose configuration for susceptibility to fatigue failure \n20M02540 \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- A \nCODE \nIOENTNO from only flow-induced vibration loads consists of several \ndifferent steps as follows: \n20M02540 DWG \nSIZE \nA SHEET /O OF /O7 For a Bellows: \nStep \nStep \nStep \nStep \nStep \nStep 1. \n2. \n3. \n4. \n5. \n6. Calculate the natural frequencies for all \nvibration modes of the bellows: \nmodes and local convolute bending mode (see \nparagraph 2.1.1) . \nCalculate the flow excitation velocity range \nfor each mode of vibration (see paragraph longitudinal \n2.2). \nIf the flow medium is a gas, calculate the \nfirst radial acoustic mode frequency and \nvelocity (see paragraph 2.3). \nCalculate the flow-induced stress for each \nmode of vibration defined in step 1 and \napply the appropriate uncertainty factors \n(see paragraph 2.4) . \nDetermine whether infinite life is achieved \n(see paragraph 2.5) . \nDetermine the maximum operating velocity \nlimit (see paragraph 2.6). \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- ~ ~ \n9999939 0000247 711 \nFor a Flexhose: \nStep \nStep \nStep \nStep \nStep \nStep 1. \n2. \n3. \n4. \n5. \n6. Calculate the natural frequencies for the \nthree vibration modes of the flexhose: \nin-phase longitudinal mode, out-of-phase \nlongitudinal mode, and local convolute \nbending mode (see paragraph 2.1.2). \nCalculate the flow excitation velocity range \nfor each mode of vibration (see paragraph \n2.2). \nIf the flow medium is a gas, calculate the \nfirst radial acoustic mode frequency and \nvelocity (see paragraph 2.3). \nCalculate the flow-induced stress for each \nmode of vibration defined in step 1 and apply \nthe appropriate uncertainty factors (see \nparagraph 2.4). \nDetermine whether infinite life is achieved \n(see paragraph 2.5) . \nDetermine the maximum operating velocity \nlimit (see paragraph 2.6) . \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- ïïîïî3ï 0000248 658 \n20M025L0 CODE DWG \nIDENTNO SIZE MSFC PORM 422-8 ‘VERTICAL) (UOVEMBER 1962) \nREViSIONS \nSYM DESCR I PT I ON \nt 2.1 Naturzl Frecruencv Calculation \nA ‘SHEET 12 OF /u7 2.1.1 Free Bellows \nConsider the bellows structure represented by a lumped \nspring-mass mechanical model as shown in Figure 1. \npertinent bellows nomenclature used in the frequency \ncalculation is given in Figure 2. All of the dimensions used \nin these calculations should be obtained by measuring the \nactual bellows being used. The user is advised that the as- \nbuilt dimensions of a bellows can vary significantly from the \nspecified drawing dimensions. As determined in reference 1, \nthis can cause significant differences in the final results. The \nStep A. Calculate the elemental spring rate of one-half of a \nconvolution, k, from the expression: \nk=2NcKa \nwhere Ka is the overall bellows spring rate \ndetermined exDerimentallv from a force-deflection \ntest. For a new bellows assy., the user is required \nemploy experimental values obtained from a force- \ndeflection test. For those bellows where a force- \ndeflection test is not obtainable (i.e. a bellows \nalready installed permanently in a line assy.), a to \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- m 9999939 0000249 594 m \nConvolution No men cia tu re \n/-Crown \n1% h \nRoot Trapped Fluid \n(Added Mass) \nMechanical Model and Nomenclature \nm ---- \nA mass (m) is assigned each convolution crown \nand root; the number of masses is 2Nc -1. \nThe value of m is m, +mf where \nmm =;zP~D~~N~ [ na+( h-2a)I \nThe number of springs is 2Nc and \nwhere KA is the overall bellows spring rate. \nFigure 1. Lumped Spring-Mass Mechanical Model for Free Bellows \n5-8408-0-21 4 20M02540 \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- r SYM DESCR I PT I ON CATE A~FROVA~ \nPrawn \nt \n20M02540 CODE DWG \nIDENTNC SIZE Detail \"A\" \nN = Number of Convolutions Counted \nN = Numberof Plys \nD, = Mean Bellows Diameter from the Outside \nP \nb A t \nh \nd \na \nh \n6 \nSHEET /Lf OF 107 = Wall Thickness (Thickness per \n= inside Convolute Pitch \n= Inside Convolute Width \n= Mean Convolute Radius \n= Mean Inside Convolute Height \n= Inside Convolute Gap Ply if Multi-Ply) \nFigure 2. Bellows Nomenclature \n5-8609-0-21 4 I \n1 \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- ~~ \nm 9999939 0000251 142 m \nREV1310HS \nDATE APPROVAL SYM OESCRIPTION \nrough estimate of Ka may be made from the following \nexpression: \nwhere E is Young's modulus for the bellows material \nat the operating temperature. If the bellows is \ndesigned to operate in the plastic range of the \nmaterial then an adjusted value of E should be used \nin the calculations throughout this spec. One \nsuggested method for adjusting E is discussed in \nparagraph 3.0. \n/X_P,DmtNp pfa + h-2a] \nmm= \nwhere ,&, = weight density of bellows material \ng = gravitational acceleration \na = mean convolute radius = (d-tNp)/2 \nh = mean inside convolute height \nD, = mean diameter of bellows \nt = ply thickness \nNp = number of plys (3) \n( lbf/in3 ) Step B. Calculate the elemental metal mass, %, from the \nequation : \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- ~- - - \nïïï993ï 0000252 O89 \nSVM DESCRI PT ION HSFC FORM 422-8 ‘VERTICAL) (NOVEMûER 1962) COY? I MUAT ION SHEET \nI REViSiONS \nDATE AFFQOVAL \nStep C. Calculate the elemental fluid added mass, mf, \nconsisting of two types of loading \nmf2 given as follows: \n- mfl - \n- mf2 - \nwhereyf \n6 mfl and \n= weight density of fluid (ibf/in3) \n= inside convolute gap = 2- a‘ \nNOW, the total elemental fluid added mass in slugs \nis given by the empirical equation: \nwhere KI = 1. O (non-dim) \nKs = 0.68 (non-dim) \nN = mode number = lr2r3,...2Nc-l \nStep D. Calculate the dimensionless frequency factor, BN, \nfor each mode number N from the equation: \nBN = { 2 [ liCOS (180 (2NC-N) /2Nc) 3 } i/ 2 (7) \nAlternately, the dimensionless frequency factor may \nbe obtained from Table 1 for certain values of N. \n20M02540 \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- ~~ ~~ ~~ \n9999939 0000254 95L \nz m \nv) L - O L \nc a 3 U L L \ncn \ncn \nQ, z \nw n O E KCII \nDE SC R I PT Ink] SYM \nm a;, C .- E \nv) \nv) a \nt O \nv) t - \n.- + /N \n20M02540 \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- step E. Calculate the reference frequency from the equation: \nwhere fo = reference frequency \nk = elemental spring rate \n- total elemental mass = mm + mf - \nNOTE: For a free bellows there are two different \nkinds of structural modes which may be \nflow-excited. They are the longitudinal \nmodes and the local convolute bending mode. \n.These are illustrated in Figure 3. \nStep F. Calculate the true longitudinal mode frequencies for \neach mode number N from the equation: \nwhere f(N) = modal frequency (Hz) \nStep G. Calculate the local convolute bending mode frequency \nfrom \n1 I 8k 1 \nfCB =- \n27 i mm + .68mf2 \n20M02540 \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- il'l \" I \\ \\' \n\\I Axisym met ric \nLongitudinal Modes \nHigher Order \nLocal Convolute \nBending Mode \nFigure 3. Summary of Bellows Vibration Modes \nI \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- W 9999939 O000257 660 \nREVISIONS \nSYM DESCRIPTION DATE APPROVAL \n20M02540 CODE DWG \nIDENTNC SIZE 2.1.2 Flexhose \nConsider the convoluted hose structure represented by \nthe lumped spring-mass mechanical model as shown in Figure 4. \nNote that for a flexhose the value Nc=l will be used. \n-.- t Step A. Calculate the elemental spring rate of one-half of a \nconvolution, k, from the expression: \nA 'SHEET 20 OF /O7 k = 2Kf \nwhere Kf is the spring rate for one complete \nconvolution (Nc=l) determined experimentally from a \nforce-deflection test. Note that the overall \nspring rate obtained from test must be multiplied by \nthe actual number of convolutes in the hose to \nobtain Kf. For a new flexhose assy., the user is \nrequired to employ experimental values obtained from a \nforce-deflection test. For those flexhoses where a \nforce-deflection test is not obtainable (i.e. a \nflexhose already installed permanently in a line \nassy.), a rough estimate of Kf may be made from \nthe following expression: \nKf DmENp(t/h) 3 \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- 9999939 0000258 5T7 \nHSFC FORM 4224 (VERTICAL) (NOVEuûER 1962) CONTINUAT,O,, \nREVISIONS \nDESCR I PT I ON DATE APÇ~OVAL !WM \nCODE \nIDENTNÇ --, Equivalent Mechanical \nModel \n20M02540 DWG \nSIZE STRUCTURAL MODE FOR FLEXHOSE - With the bellows pressurized, longitudinal \nmovement of the crown is restricted due to the braid. The root may move \nin-phase or out-of-phase with the adjacent convolute with a single degree \nof freedom. Therefore, the number of masses is one; which implies N,=l; \nand k=2Kf. \nFigure 4. Lumped Spring-Mass Mechanical Model for Ffexhose \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- ~ \n9999939 O000259 433 W \nHSFC FORW e2.a 'vEqiIc)iL) irrovrueea 1962) CO,,TINUAT,O,, \n1 \nREVISiONS. \nSYM DESCR I PT I ON CATE A ?FF~OVA L \nStep B. Calculate the elemental metal mass using Equ. (3) as \ndone previously. \nStep C. Calculate the in-phase and out-of-phase longitudinal \nmode elemental fluid masses, mIP & mop, respectively \nfrom the expressions: \nI \n! \n, \n20M02540 CODE DWG \nIDENTNC SIZE \nA -'.SHEET 22 OF ' O. 68PfD,h3 mop - - \nss \nNOTE: For a flexhose there are, so far as is \npresently known, only three possible \nstructural vibration modes which may be \nflow-excited. They are the in-phase and \nout-of-phase longitudinal modes, and the \nlocal convolute bending mode as illustrated \nin Fig. 5. This is true only if the braid is \nmaintained in full contact with all convolute \ncrowns. \nengineer is cautioned that some sections of \nthe hose may behave as free bellows and \nshould be treated accordingly. Should this not be the case, the \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- 9999939 0000260 155 \nREVlflOMS \n3TM j OESCR I PT I ON SYM DATE A PPSOVA L \nFluid Mass \n(a.) In-Phase \nLongitudinal Mode \n1 rp, Dmh (2a-tNp) \n29 rn IP = \n(b.) Out-of-Phase \nLongitudinal Mode \n[Acceleration of Fluid in and out \nResults in an Apparent Mass \n.68p, Dmh3 \n9s mop = \n(c.) Higher Order \nLocal Convolute \nBending Mode \nFigure 5. Summary of Flexible Hose Vibration Modes \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- Step D. Calculate the in-phase, out-of-phase, and convolute \nbending mode frequencies from the respective \nexpressions : i \ni 2k \nfCB = & 8k I 1, + mop \nAs of now, there is no provision in the computer \nprogram for flexhose calculations. \nhand. These must be done by \n2.2 Flow Excitation Ranse Calculation \nEach bellows mode and flexhose mode may experience \nflow excitation over a fluid velocity range from a lower \nlimit (View) to an upper limit (V ) defined as UP i \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- m 9999939 00002b2 T28 m \nI mcvicinu~ \nI I DATE SfM DESCR I PT ION APFQOVAL \nwhere &= inside convolute width = 2a + tNp \nS,, = upper limit Strouhal number \nSfl = lower limit Strouhal number \nf(N) = each modal frequency calculated for a \nfree bellows or flexhose \n- For a free bellows: Those longitudinal mode \nfrequencies given in equ. (9) and the \nconvolute bending mode frequency given in \nequ. (10). \n- For a flexhose: The in-phase, out-of-phase, \nand convolute bending mode frequencies given \nin equc. (15) , (16), and (17) respectively. \nIt has been found that for most bellows and flexhose \nconfigurations, Sdu = 0.3 and Sdl The optimum or \nmost severe excitation for each bellows and flexhose mode \nwill occur at a critical velocity (V*) \ncritical Strouhal number (See) as follows: = 0.1. \nrelated to the \nV* = f(N)o' \nS6C \nwhere S#c = 0.2 \nl I \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- m îïïïî3ï 0000263 964 m \nI ~~ \ni MM DESCRIPT~ON CATE AFFQOVAL J \nThe possible flow excitation range of bellows and flexhoses \nmay be predicted as follows: \nCalculate the lowest and highest bellows and \nflexhose excitation frequency for all \nlongitudinal modes and the convolute bending \nmode as summarized in paragraphs 2.1.1 \n2.1.2. \nCalculate the limits of fluid velocity \nVUp) corresponding to these two frequencies. \nCompare this flow-induced velocity range with the \nknown operating range of the bellows. If an \noverlap of these ranges exist, then excitation \nmay occur. \nA graphical illustration of predicting the possible flow \nexcitation range is given in Figure 6. \n2.3 First Radial Acoustic Mode Resonance Calculation \n(Gas Medium only) \nFor a bellows or flexhose whose internal flow medium \nis a gas, there can occur a radial acoustic resonance. This \nacoustic mode can occur in addition to the longitudinal modes \n20M02540 I \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- 9999939 O000264 8TO \nMSFC FORM 422-8 IVERTICAL) (NOVEMBER is=) COYTIWUATIOM SWEET \nc REVISIONS \nSYM DESCRI PT I ON DATE A PPROVA L .\\ \\ \nI I \nI \nI \nI \nI \nI I \nI I I \\\\ I I I I I \nI \nI I I \nI I \nI I \nI \nI \nI \nl I \nI I \nI \nI \nI \nI I --w - S- \nI \nI I \nI \nI Possible Flow Excitation Velocity \nRange 1 \nvcB \nUP )LOW \"(NL)\", Fluid Velocity \nf(1) \nf(NL) \nf CB \nf 7, = Frequency at longitudinal mode no. 1 \n= Frequency at longitudinal mode no. 2Nc-1 \n= Convolute bending mode frequency \n= First radial acoustic mode frequency \n1 It4 1 \n\"( = Lower velocity for mode no. 1 \nV(NL)~p = Upper velocity for mode no. 2Nc-1 \nVca up = Upper velocity for convolute bending mode \nv;i = First radial acoustic mode velocity \nNote: f, can occur at any point in the frequency range. For the \nexample shown here it is shown to fall above fce while depending \non bellows and fluid parameters it might fall down in the \nlongitudinal mode range. \nFigure 6. Frequency Vs. Velocity Plot Indicating \nFlow Excitation Range ~ \n20M02 5 40 CODE DWG \n5-8280-0-21 O IDENTNO SIZE \nc A 'SHEET 27 OF 14'7 \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- and convolute bending mode. The frequency at which the first \nradial acoustic mode occurs is given by: \nCODE \nIDENTNO where C is the speed of sound and is determined from fluid \nproperty data or if the fluid behaves approximately as an \nideal gas then one can use the equation below. 9 \n20M02540 DWG \nSIZE \nA 'SHEET 28 OF 187 P = fluid pressure \nFNCO = 3.8-i6.72(h/ri)2+13.67(h/ri)3 for O 1. (h/ri) < 0.4 \nFNCO = -.336+.935(h/ri)-I for 0.4 (h/ri) 5 1.0 \nwhere ri = Di/2 \nIf the longitudinal mode or convolute bending mode \nfrequencies are greater than or equal to the first radial \nacoustic mode frequency, then the flow-induced stress \nvalue.(FIS) is multiplied by an acoustic factor of five (5) \nto account for acoustic amplification. Calculation of FIS is \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- 9999939 0000266 673 \n20M02540 CODE DWG \nIOENTNa SIZE MSFC FOAM 422-43 íVERTiC4L) (NOVEMBER is=) COW I MUA T I OM 5 HEET \nREVISIONS \nDESCRI PT I ON OAT€ APFqOVAL \nI described in paragraph 2.4. \nconvolute bending mode frequencies are less than the first \nradial acoustic mode frequency, then FIS is not adjusted \nby an acoustic factor. If the longitudinal mode or \nA 'SHEET 29 OF /o7 The velocity at which the first radial acoustic mode \noccurs is given by \nwhere Sdc = 0.2 \n2.4 Flow-Induced Stress Calculation \nIn all velocity range overlap situations, flow-induced \nvibrations must be assumed to exist. Therefore, flow-induced \nstresses must be calculated in order to determine if a given \nbellows or flexhose configuration meets the design criteria \nof infinite life (see paragraph 1.4). Flow-induced stresses \ncan be calculated from the following equation: \nwhere EE = 1 + 0.1400 \nLSJ (NON-DIM) \nNOTE: The number 400 in the above equation is a \nreference specific spring rate having the \nunits lbf/in2. \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- ~ ~~ \nïïïîî3î 0000267 50T \nSVM DESCRIPTION DATE APPROVAL \nFor a bellows: Ka% SSR = \nDmNp \nand Nc=l KfNc \n*,Np For a flexhose: SSR = \nFor all modes except the convolute bending mode \nuse C* equation below. \ncl / + C31sin(180V )I + C5 (NON-DIM) \nc2 + (V’p c4 + (V’)2 \nFor the convolute bending mode use C* = 0.4 \nwhere for a bellows: \nV* = critical free stream \nvelocity for a given \nlongitudinal mode number N \nor for the convolute bending \nmode \nV, = the critical velocity for \nlongitudinal mode N=N, \n20M02540 \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- W 9999939 00002b8 44b = \nREVISIONS \ni Sr'M OESCRIPTION DATE APFQOVAL \nwhere for a flexhose: \nV* = critical free stream \nvelocity for each of the \nthree flexhose modes \nV, = the critical velocity for \nthe flexhose out-of-phase \nmode with frequency fop given \nin equ. (16), so that \nwhere S#= = 0.2 \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- ~ \nm 9999939 0000269 382 m \nMSFC FORM 422-8 IVERTICAL) (NOVEMBER 1962) COW IWUATIOY SMLE? I l REVISIONS \n1 \nDESCR I PT i ON DATE APPROVAL SYM 1 \n6.0 \na \n1. o+c7 (V’) L \nCl. o \n1.0 + 4.7 \n2.0+L/D for Np = 1 \nfor Np = 2,3, ... \nFor no elbow present \nupstream of bellows. \nFor elbow present \nupstream of bellows. \nwhere L = distance from elbow termination to the first \nbellows convolute \nD = inside pipe diameter \nThe coefficients C1, C2,. \ncoefficients derived from \nhave the following values: \nCi = O. 13 \nC2 = 0.462 \nc3 = 1.0 \nc* = 10.0 \nc7 = 5.5 ., C7 are non-dimensional empirical \nthe test data in reference 1 and \n‘ODE 4 y I 20M02540 IDENTN SIZE \nSHEET 32 OF /O7 \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- 9999939 0000270 OT4 \nREVISIONS \nDATE A tFQ0VA i S7M DESC R I PT i ON \n2.4.1 Uncertaintv Factors \nA uncertainty factor (UF) is to be applied to the basic \ntheoretical value of flow-induced stress (FIS) resulting in a \ncorrected stress value given by \nFISC = (FIS) (UF) \nwhere UF is determined as follows: \n(e \nNote that For a free bellows if measured spring rate is \nused, UF 1. 1.5 \nFor a free bellows where spring rate is estimated \nfrom equ. (2), UF 2 2.0 \nFor a flexhose where measured spring rate is \nused, UF 2 2.0 \nFor a flexhose where spring rate is estimated \nfrom equ. (12), UF 2 2.5 \nFor a bellows or flexhose with radial acoustic \nresonance, multiply the above factors (a) through \n(a) by 1.5. \nthese uncertainty factors are applied only to \naccount for uncertainties in the analysis and data base and \nshould not be confused with programmatic safety factors. \n- In addition the above uncertainty factors, (a) \nthrough (e), an acoustic factor is to be applied in the case \nDWG 20M02540 CODE \nIOENTNO SIZE \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- REVISIONS 1 PFVICinUc \nr \nCODE OWG 20M02540 IDENTNq SIZE of radial acoustic resonance, as discussed already in paragraph \n2.3. If any modal frequency for a given bellows or flexhose \nmode is greater than or equal to the first radial acoustic \nmode frequency (fx), then an acoustic factor of five (5) must \nalso be applied to the flow-induced stress value (FIS). If \nthe modal frequency is less than the first radial acoustic \nmode frequency, then FIS is not adjusted by.an acoustic \nfactor. \n2.5 Bellows and Flexhose Faticrue Assessment \nAfter calculating the flow-induced stresses and \napplying the appropriate uncertainty factors, an assessment of \nthe fatigue life must now be made. \nis that the flexible line shall be designed to meet a \ntheoretically infinite life for flow-induced vibration loads \nat its expected operating conditions (para. 1.4). For the \nassessment a comparison should be made between FISC and the \nendurance limit of the flexible line material. The fatigue life criterion \nNOTE: For a material not exhibiting a true endurance \nlimit, an endurance limit as defined by each \nprogram shall be used. \nIf FISC is less than the endurance limit then infinite life \nis achieved. If FISC is greater than the endurance limit \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- t I I nb?iJIU \nDATE A PPROVA L \nthen infinite life cannot be met. This fatisue assessment \nassumes the mean stress of the flexible line & zero \nnesliqible. \nlife of the flexible line must be performed, although not \nrequired by this document. This system level analysis is \ndiscussed in paragraph 3.0. A system level analysis to predict the overall \nIf infinite life cannot be achieved through this fatigue \nassessment, then a redesign and reanalysis is necessary or \nthe maximum flow velocity must be restricted in order to meet \ninfinite life. If it is determined that a bellows redesign \nis necessary and if no other geometrical configurations are \navailable or possible, then bellows liners may be required. \nLiners isolate the convolutes from flow impingement, thereby \neliminating flow-induced vibration occurence. However, a \nweight and cost penalty may be associated with the \ninstallation of liners. \nminimize pressure differential (delta P), and where there is \nreverse flow, two-piece liners should be used. Liners should be designed to \n20M02540 CODE DWG \nIDENTNO SiZE 2.6 Bellows and Flexhose ODeratina Velocity Assessment \nOnce it has been established that the bellows and \nflexhose will have infinite life, it is still necessary to \nlimit the maximum operating velocity of the line. This is \nnecessary because of the uncertanties beyond the last mode . \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- ~~ ~~ \n9999939 0000273 803 \nc MSFC CORM 422-8 IVERTICAL) (NOVEMEER 19622) COYTI~UATIOM SWLEl \nI SION5 \npredicted. Depending on the case, the maximum operating \nvelocity of the bellows and flexhose shall be limited as \nfollows: \nCase A: For liquid flow in a bellows and flexhose, \nwhere infinite life is predicted for all \nlongitudinal modes and the convolute bending \nmode, the maximum operating velocity shall \nbe limited to the upper limit (V ) of the \nconvolute bending mode. UP \nCase B: For gas flow in a bellows and flexhose, where \ninfinite life is predicted for all modes \n(longitudinal and convolute bending) and the \nfirst radial acoustic mode velocity (Vn) \nis less than the upper limit (Vup) of the \nconvolute bending mode, the maximum operating \nvelocity shall be limited to (Vup) of the \nconvolute bending mode. \nCase C: If in.Case B, the first radial acoustic mode \nvelocity (V,) was greater than the upper \nlimit (V ) of the convolute bending mode, \nthen the maximum operating velocity shall be \nlimited to the lesser of Vup of the \nconvolute bending mode or 80% of Vx. UP \n20M02540 CODE DWC \nIDENTNq SIZE \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- MSFC FORM 422-8 IVERTICAL) (NOVEMBER 1962) CONTIMUATION SUCE7 \nREVISiONS r \nDATE APPROVAL SYM 0 ESC R I PT i ON \n20M02540 CODE DWG \nIDENTNq SIZE Case D: For liquid or gas flows in a bellows and \nflexhose, where infinite life cannot be me£ for \nall of its modes, the maximum operating \nvelocity shall be limited to less than the \nlower limit (View) of the mode that first \nindicates finite life. \n3.0 SYSTEM LEVEL ANALYSIS OF A FLEXIBLE LINE \nAlthough the requirements of this document deal strictly \n- with assessing the fatigue life of flexible lines from flow- \ninduced vibration loading, the designer must realize that \nflow-induced vibration is only one source of a wide spectrum \nof loads imposed on a flexible line. \nanalyses which include all of the load sources imposed on a \nflexible line must be performed. The flowchart in Figure 7 \nshows a general path one might follow, and some of the load \nsources which must be considered, in performing the analyses \nof a flexible line. Strength and fatigue \nThis section presents a few comments, guidelines, and \nrecommendations on performing a system level analysis of a \nflexible line. Even though a system level analysis is not \nwithin the scope of this document and also not a requirement \nof this document, it should be performed sometime in the \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- ~ \n9999939 0000275 686 \n[ DATE 1 AFFROVAL \nI \nCalculate Flow-Induced Vibration Stress \nponent Only Per MSFC Drawing 520M025 \nI \nf \nCE. L. o \nInduced Vibration Suscept. Redesign or Flow Test \nv \nAssess Total System Strength and \nLife Based on All Load Sources \nl i \nI \nCalculate Dynamic Load Sources: \n1. Flow-induced Vibration \n2. Aerodynamic \n3. Response of Structure \n4. Gimbaling \n5. Random Vibration \n6. Others \nCalculated above t \nCalculate Static Load Sources: \n1. Acceleration \n2. Deflection \n3. Internal Pressure \n4. External Pressure \n5. Installation \n6. Thermal \n7. Residual \n8. Others \nI Figure 7. Flow Chart for System Level Analysis \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- ~ ~ \nt\" 9999939 O000276 512 = \n20M0254G CODE DWG \nIOENTN~ SIZE design process. All flexible line analysis should be \nreviewed and accepted by the governing agency. \n1. Equations for the static stresses resulting from \ndeflection and static pressure in a flexible line operating \nin the elastic material range may be found in references 2, 3, \n4, and 5. \n2. Flexible lines, by definition, must be flexible and \ncapable of accommodating deflections across its length. \nBecause of this, many flexible lines operate in the non- \nlinear (plastic) material range. This phenomenon increases \nthe difficulty of the analysis and requires that good \nengineering judgement and analysis procedures be used to \nassure that all loading effects are accounted for. The \nfollowing are some items to be considered in performing a \nplastic analysis: \nA. A computer code capable of including large \ndisplacement and non-linear material effects will be needed. \nThis is necessary to determine the stress field along the \nmeridian and through the wall thickness of the flexible line. \nPlastic behavior of the material would be expected in the \ninner radius of the convolutes at the root and crown. \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- B. \nCODE \nIDENTNO Gross yielding of the material should.be \nI 20M02540 DWC \nSIZE avoided. Yielding should not occur more than 25% of the way \nI 1 A W OF b through the wall thickness. \nC. Margins of safety may need to be calculated \nbased on strain capability. Maximum strains must include the \neffects of all loading, both static and dynamic. \nD. Strains induced by static loading; e.g., \ndeflections, pressures, etc., may be calculated by use of \nfinite difference or finite element computer codes capable of \nhandling large deflection and non-linear material effects. \nDynamic loading effects; e.g., flow-induced vibration stresses, \nhowever, cannot be modeled directly with these methods and \nare usually known as loads across the flexible line or \nstresses in the flexible line. \ninto consideration when calculating strains from these loads \nand stresses. 1. The spring rate of the flexible line \nchanges as the line is deflected. \ndynamic load should be calculated using the spring rate Several effects must be taken \nThe deflection due to the \nconsistent with the configuration of the line when the loading \nis applied. The resultant strains can then be calculated \nusing the methods employed for the static loading. 2. The \nmaterial modulus of elasticity will vary along the meridian \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- REVISIONS \nSYM DESCR I PT I ON DATE A PPROVA L \nand throi gh the wall thickness of the flexible line, \ndepending on if the material at that point has yielded, and \nthe amount of yielding experienced. Therefore, the modulus \nof elasticity needs to be adjusted. This must be considered \nwhen calculating strains due to dynamic stresses. One factor \nwhich may be used to adjust the elastic modulus is the ratio \nof the spring rate of the flexible line consistent with the \nconfiguration of the line when the stresses occur, versus the \nspring rate of the flexible line in the undeflected \ncondition. \nE. The change in material modulus when yielding \noccurs will affect the response of the flexible line to the \nflow. The calculation of flow-induced stresses should be \nrepeated with an adjusted modulus if the line is found to \nhave yielded. \nfor adjusting the modulus of elasticity. The method previously discussed can be used \n3. Fatigue analysis of the line must include effects \nof creep, low cycle, and high cycle loading. Life fractions for \nthe creep, low cycle, and high cycle fatigue must include the \nrequired life factors and are additive. Their sum must be \nless than or equal to one. \n20M02540 CODE DWG \nIDENTNC SIZE \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- SYM \n. DATE A PPROVA L DESCR I PT 1 ON \nThese are just a few of the issues which must be \nconsidered when performing a system level analysis of a \nflexible line. The analyst should assure that all loading \nconditions are accounted for in the analysis. The analysis \nshould also be accompanied by a test program which simulates \nthe operating conditions of the flexible line as closely as \npossible. The analysis and test program should be approved \nby the governing agency of the project. \n4.0 FLOW TESTING \nWhen flow testing of a bellows or flexhose is \nnecessary, it shall be conducted in accordance with \nMSFC-SPEC-626 and must demonstrate a safety factor of four \n(4) on life. \n5.0 COMPUTER PROGRAM \nA computer program for conducting flow-induced \nvibration analysis of only a free bellows is included in \nAppendix C. This program calculates the frequency, flow \nexcitation range, and flow-induced stresses for each \nlongitudinal mode and the convolute bending mode for a free \nbellows. This program applies for both liquid and gas flows \nthrough the bellows. This program also calculates the first \nCODE DWG 20M02540 IDENTNO SIZE \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- W îîïîî3î 0000280 T43 W \nMSFC FORM 422-8 IVERTICAL) (NOVEMEER 1962) COMTIMVATIOM SMELT \nREVISIONS \nSYM DESCRIPTION DATE APFQOVAL \nr CODE DWC \nIOENTNO SIZE \nA radial acoustic mode resonance for gas flows. The program \ndoes not conduct flow-induced vibration analysis for a \nflexhose and does not calculate any static stresses. These \nflexhose and static stress analyses have to be done by hand. \nAlso given in Appendix C is the input data file format \nalong with two examples. The corresponding output files for \nthe two examples are also given. These two examples are the \nsame as those presented in Appendix B. \n20M02540 \nSHEET (f3 OF ID7 6.0 EXAMPLE PROBLEMS \nThere are three examples of hand calculations for flow- \ninduced stresses given in Appendix B. \nThe three examples are: \nExample 1.1 - - - Liquid flow through a bellows \nExample 1.2 - - - Gas flow through a bellows \nExample 2.0 - - - Gas flow through a flexhose \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- 9999939 0000281 98T \nREFERENCES \n1. Tygielski, P.J., Smyly, H.M., Gerlach, C.R., llBellows \nFlow-Induced Vibrations,lI NASA Technical Meraorandum, \nNASA TM-82556, George C. Marshall Space Flight Center, \nHuntsville, Alabama, October 1983. \n2. Salzmann, F.: \"Ueber die Nachgiebigkeit von \nWellrohrexpansionen, \nMarch 16, 1946, pp. 127-130. Schweiz. Bauztg., Bank 127, NR. 11, \n3. Kellogg, M. W. Co.: \"Design of Piping Systems,It Second \nedition 1956, John Wiley and Sons, Inc., p. 222. \n4. Anderson, W.F., 1964, Analvsis of Stresses in Bellows, \nPart and Part II Desian Criteria and Test Results, \nAtomics International, Report No. NAA-SR-4527, Canoga Park, \nCalifornia. \n5. Standards of the Expansion Joint Manufacturers \nAssociation, Inc., 5th Edition, White Plains, \nNew York, 1980. \n6. MSFC-SPEC-626, Test Control Document for Assessment of \nFlexible Lines for Flow-Induced Vibration. \n20M02540 COO€ DWG \nIDENTNQ SIZE \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- ~ \n9999939 0000282 8Lb = \n20M02540 COO€ DWG \nIDENTNO SIZE \nJ A SHEET WOF 1’7 MSFC CORM 422-8 iVEnTiCAL) (MOVEMBER 1962) COIITIMUI~IOY SHbEl \nREVISIONS \n9fM OESCR I PT i ON DATE APFROVAL \nAPPENDIX A \nSYMBOLS AND DEFINITIONS \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- M 9999939 0000283 752 M \nCODE \nIDENTNO a \n2011102540 DWG \nSIZE \nA 'SHEET L/L OF 107 BN \n'NP \nC* \n'4 \nDi \nDm \nDO \nE \nf x \nf (N) \nf I P \nf0.P \nCB \nf C \nfO \nFNCO \nFIS \nFISC REVISIONS \nSYM DESCRIPTION DATE APPROVAL \nSYMBOLS \n= Mean convolute radius = (d-tNp)/2 \n= Dimensionless frequency factor \n= Elbow factor (non-dim) \n= Damping modifier coefficient (non-dim) \n= Force and damping coefficient (non-dim) \n= Speed of sound \n= Inside diameter of flexible line \n= Mean diameter of flexible line = (Di+D0)/2 \n= Outside diameter of flexible line \n= Young's modulus of elasticity \n= First radial acoustic mode frequency \n= Modal frequency \n= Flexhose in-phase longitudinal mode frequency \n= Flexhose out-of-phase longitudinal mode \nfrequency \n= Convolute bending mode frequency \n= Critical frequency for mode N=Nc \n= Reference frequency \n= First radial acoustic mode frequency number \n(non-dim) \n= Flow-induced stress \n= Flow-induced stress with uncertainty factor \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- ___ = 9999939 OOOOZBY 699 \nREVISIONS \nDATE APPROVAL SVM DESCRIPTION \n20M02540 CODE DWG \nIDENTNO SIZE I SYIIBOLS (Cont. ) \n4 = Gravitational acceleration \nh \nk = Elemental spring rate of one-half of a convolution = Mean inside convolute height = [(Do-Di)/2]-tNp \n= Overall bellows spring rate \n= Flexhose spring rate for one complete convolution Ka \nKf \nm = Total elemental mass \n= Elemental metal mass \n= Total elemental fluid added mass \n= Fluid added mass \n= Fluid added mass \n= Flexhose in-phase elemental fluid mass \n= Flexhose out-of-phase elemental fluid mass mm \nmf \nmfl \nmf2 \nm1 P \nmop \nN = Mode number (1,2,3 ... 2Nc-i) \n= Number of convolutes counted from the outside \n= Number of plys \n= Free stream dynamic pressure Nc \nNP \nPD \nP = Fluid pressure \nri \nSdl = Inside flexible line radius = Di/2 \n= Lower Strouhal number (non-dim) \n= Upper Strouhal number (non-dim) \n= Critical Strouhal number (non-dim) S fC \nSSR = Specific spring rate \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- îîîîî3î 0000285 525 \n20M02540 CODE OWG \nIDENTNO SIZE SEL \na t \nA 'SHEET ?BOF 107 UF \n%O\" \nV* \nvUP \nVC \nV/ \n6 \nA, \nPf \nPm OESCR I PT 1 ON SATE ASFROVAL \nSYXBOLS [Cont. 1 \nEndurance limit of flexible line material \nPly thickness \nUncertainty factor \nLower limit velocity for mode N \nCritical velocity for mode N \nUpper limit velocity for mode N \nCritical velocity for mode N=N, \nNormalized velocity parameter = V*/Vc (non-dim) \nFirst radial acoustic mode velocity \nSpecific heat ratio for the gas = Cp/Cv (non-dim) \nInside convolute width = 2a + tNp \nInside convolute gap =A-# \nInside convolute pitch \nWeight density of fluid (lbf/in3) \nWeight density of flexible line matl. (lbf/in3) \nI r \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- 9999939 0000286 461 D \nAngulation DEFINITIONS \n- Angular deflection imposed on a flexible \nline. \nAxial deflection - Elongation or compression of a flexible \nline along its longitudinal axis. \nFlexhose - A flexible metal hose where convolutes are \npartially restrained at the crown by wire \nbraid. \nFlexible line - Metal bellows or flexhose assembly that \njoins two duct sessions and permits \nrelative motion between the ducts in one \nor more planes. \nFree bellows - Where convolutes have unrestricted movement wher \nexposed to fluid flow impingement. \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- ~~ \nm 9999939 0000287 3T8 m \nCOO€ \nIOENTNC MSFC FOñM 4224 'VERTICAL) (MOV€MûEQ isat) COUTIYUATIOY 5üEfl I I REV1S10HS \nI \n20M02540 DWG \nSIZE \nA 'SHEET 50 OF 107 APPENDIX B \nFLOW-INDUCED VIBRATION EXAMPLE PROBLEMS \nFOR BELLOWS AND FLEXHOSE \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- = 9999939 O000288 234 rn \nSIM DESCRI PT ION DATE A PFROVAL \n1.0 BELLOWS EXAMPLE PROBLEMS \nIDENTN~ 1.1 Liuuid Medium Example \nSIZE \nA 'SHEET S/ OF 107 Given: H20 flowing through a 3 inch 321 stainless steel \nbellows at 68 OF and at 35 psig with an elbow 4 \ninches from the first convolute. \nCOO€ OWC BELLOWS PARAMETERS \nInside convolute width, d= 0.095 in. \nInside convolute pitch, x= 0.148 in. \nMean inside convolute height, h = 0.325 in. \nPly thickness, t = 0.007 in. \nInside diameter, Di = 3.00 in. \nOutside diameter, D, = 3.69 in. \nNumber of convolutes, Nc = 16 \nNumber of plys, Np = 3 \nYoung's modulus, E'= 29.0E+06 psi \nMaterial weight density,,Pm = 0.286 lbf/cu. in. \n20M02540 Problem: Assess the fatigue life from flow-induced \nvibration loads for the first longitudinal \nmode N=l and the longitudinal mode N=Nc. \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- REVISIONS \nSYM DESCR I PT I ON DATE APPROVAL . \nCALCULATION PROCEDURE: \nI. Frequency Calculation for Longitudinal Mode N=l. \n20M02540 CODE DWG \nIDENTNC SIZE 1. \n2. 3 Ka = D,E(Np/N,) (t/h) \nKa = 3.343(29E+06) (3/16) (.007/.325)3 \nKa = 181.735 lbf/in \nk = 2N& = 2(16) (181.735) = 5815.52 lbf/in \nA 'SHEET 52 OF lo7 , m=m,+mf \n... 4 \na = (d-tNp)/2 = [.095-.007(3)]/2 = 0.037 in. \nmm = 7.20E-04 slugs \n- mfl - \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- m 9999939 0000290 992 rn \nSfM \n. DESCR 1 PT ION DATE APQSOVAL \nt \nCOO€ OWG 20M02540 IOENTNO SIZE (62.4/1728) (3.345) í .325) ' \n= 32.174 (. 148-. 095) \nt - 2.43E-03 Slugs mf2 - \nA 'SHEET 53 OF/@> mf = l.O(l.02E-04) + 0.68(2.43E-03) (1/16) \nmf = 2.05E-O4 slugs \nm=m,+mf- - 7.2OE-O4 + 2.05E-04 \nm = 9.25E-04 slugs \n*3. BN = { 2 [ I+COS (180 (2N,-N)/2Nc) ] } i/ 2 \nfor N=l, B1 = {2[i+cos(180(32-1)/32) ]}Ii2 \nBi = 0.0981 \n4. f, = 1 = Li-' = 1382.40 Hz \n2w 2% 9.25E-04 \n5- f(1) = (f,)(B1) \nf(1) = (1382.40)(.0981) = 135.61 Hz \n*If calculating cos in degrees, use 180; if calculating cos \nin radians, use 3/. \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- II. Velocity Range Calculation for Longitudinal Mode N=l. \nwhere N = lf2f3...f 2Nc-1 \ni= 1,2,3 \nse = CHU = 0.3 \nSd2 = Sdc = 0.2 \n.5#3 = Sfl = 0.1 \nV* = V(1,2) = f(1)d = 135.61í.0951 = 5.37 fps \n(%Cl lS(0.2) \n( Vi) 12(0.1) Vup = V(1,3) = f(1)d = 135.61í.0953 = 10.74 fps \nIII. Flow-Induced Stress Calculation for Longitudinal Mode N=l \n1. Critical frequency (fc) at N=N, \nmf = l.O(l.02E-04) + 0.68(2.43E-03) (16/16) \nmf = 1.75E-03 slugs \nm=m,+mf- - 7.20E-04 + 1.75E-03 \n2ûMû2540 \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- ~ \n7977739 O000272 765 \nSYM DESCR I PT I ON DATE APPROVAL \n2. \n20M02540 CODE owe \nIDENTNO SIZE 3. \n4. \n*5. \n1 f, = 1 1- (p)= 1196.4 Hz \n27 2.47E-03 \nA SHEET 5s OF 107 Critical velocity (V,) at N=N, \nV, = f,d= 1196.4(.095) = 47.36 fps \n12 (0.2) \n/ * .V = V /Vc = 5.37 = 0.113 \n47.36 \nSSR = K,N, = 181.735f161 = 289.762 lbf/in2 \n3.345 (3) \n1 + c, (V’)S \n1.25(.095/.325) \nCNP = 1.0 - = .659 \n1 + 5.S(.i13)2 \nC* \nC* \nC* O. 13 1.01sin[180 c5 \n.113) 3 \n+ + 0.06 - - \n0.462 + (.1i3)2 10.0 + (.ii3)2 \n= 0.369 \nI I \nl \nl \nI \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- 9999939 0000293 6TL \nSYM OESC R I PT I ON \n6. PD 'pfcv * = (62.4/1728) (5.37)2(i2) = 0.194 psi \n2 (32.174) \n2g \n20M02540 COO€ DWC \nIOENTNO SIZE 7. DD = C*tPD = 0.369(.007)(.194) = 2.89E-04 \nO. 113 (289.762) (. 053) \nV'SSR 6 \ni *If calculating sin in degrees, use 180; if calculating sin \nin radians, use %. \nA SHEET S OF 147 (2 8 9 0 7 6 2> 8. EE = 1.0 + 0.1 (E)2 = 1.0 + 0.1 \nEE = 1.191 \n10. FIS = (EE) (DD) (E) (CNp) (CE) \nNP \n11. FIS = 1.191(2.89E-04) (29B+061 t.659) (2.41) \n3 \nFIS = 5,284 psi for longitudinal mode N=l \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- Following the same procedure as above the value of FIS \n20M02540 CODE DWG \nIOENTNC SIZE for the N=Nc mode is determined to be \nC FIS = 26,873 psi for longitudinal mode N=Nc \nA SHEET c70F 487 12. Uncertainty Factor: \nThe spring rate was estimated using equ. (2) \ntherefore, the uncertainty factor is \nUF = 2.0 \nand the corrected predicted flow-induced stress \nfor longitudinal modes N=l and N=Nc is: \nFISC = (UF) (FIS) \nFISC = (2.0)(5,284) = 10,568 psi for long. mode N=l \nFISC = (2.0)(26,873) = 53,747 psi for long. mode N=N, \nIV. Fatigue Assessment \nFrom the results above \nFISC = 10,568 psi for longitudinal mode N=l \nFISC = 53,747 psi for longitudinal mode N=N, \nFor 321 steel at 68’F the endurance limit is \nSEL = 26,500 psi \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- ~ \nW 9999939 0000295 474 \nt \n20M02540 CODE OWC \nIOENTNû SIZE conclusion: \nFor longitudinal node N=l FISC is less than SEL, therefore, \ninfinite life is predicted. For longitudinal mode N=Nc FISC \nis greater than SEL, therefore, finite life is indicated and \nthe bellows must be redesigned if operated to a velocity \ncapable of exciting this mode. Repeating this analysis for \nA each mode lower than N=Nc could be performed to find the \nand corresponding maximum velocity the bellows can be \noperated and still achieve infinite life. \nSHEET g8 OF 107 mode \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- = 9999939 0000296 300 \nREVISIOHS \nDESC R I PT I ON t CATE \n1.2 APPSOVAL \nGaseous Fediun ExinDle \nGiven: GN2 flowing through an 8 inch 21-6-9 steel \nbellows at -200 OF and at 39.3 psig with no \nelbow upstream. \nBELLOWS PARAMETERS \nInside convolute width, d= 0.400 in. \nInside convolute pitch, X= 0.726 in. \nMean inside convolute height, h = 1.25 in. \nPly thickness, t = .O37 in. \nInside diameter, Di = 8.00 in. \nOutside diameter, Do = 10.574 in. \nNumber of convolutes, Nc = 7 \nNumber of plys, Np = 1 \nYoung's modulus, E = 28.5E+06 psi \nMaterial weight density,p, = 0.282 lbf/cu. in \nProblem: Determine the maximum safe flow velocity \nwhich will result in a predicted infinite life \nfrom flow-induced vibration loads. \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- 9999939 0000297 247 \nREVISIONS \nDATE A PFSOVA L wm DESCR I PT I ON \nCALCULATION PR3CZDC:RE : \nT A. Frequency Calculation for Longitudinal Mode N=l. \nKa = 980.61 ïbf/in \nk = 2N,K, = 2(7) (980.61) = 13,728.54 lbf/in \n2. m = “fn +mf \n3/pmtNpDm[da + h-2a] \ng mm= \na = (d-tNp)/2 = [.400-.037(1)]/2 = 0.182 in \n(.282) (.037) (1) (9.287) (-?(.182)+1.25-2(.182) 1 \n32.174 mm= +-Y \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- SIM DESCRI PT ION \nwherepf =Pref (Pipref) (Tref/T) (Zref/Z) \nP = gas pressure, psia \nPref = reference pressure = 14.7 psia \nT = gas temperature, OR CATE APPQOVAL \nZ = gas compressibility factor (non-dim) \nTref = reference temperature = 528'R \nZref = 1.0 = gas compressibility factor at \nreference condition for an ideal \ngas (non-dim) \nPref = reference density (ibf/ft3) = \nPref/RTrefZref from gas law \nPref = 14.7(144) = 0.073 lbf/ft3 \n54.92(528) (1.0) \npf = (0.073) ((39.3+&) ( -200+460 528 )(,l.û .982 ) \n1728 14.7 \npf = 3.21E-04 lbf/in3 \nmfl = W(3.2lE-04) (9.287) (1.25) [2(.182)-.037(1)] \n2 (32.174) \nPfD,h3 = 3.21E-04(9.287) (1.25) 3 \nmf2 = 32.174(.726-.400) \nsa \nI I , \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- 9999939 0000279 OLT \nREVISIONS \n$ SYM DESCRI PT I ON DATE APPROVAL \nCODE \nIOENTNO II. \n20M02540 \nSHEET 62 OF /Q 7 DWG \nSIZE \nA mf = 1. O (5.95E-05) + O. 68 (5.55E-04) (1/7) \nmf = 1.13E-04 slugs \nm = m, +mf = 137.93E-04 + 1.13E-04 \nm = 13.91E-O3 slugs \n*3. BN = { 2 COS (180 ( 2Nc-N) /2Nc) J } i/ 2 \n= 547.72 Hz \n13.91E-03 \n5. f(1) = (fo)(B1) = 547.72(0.2239) = 122.63 HZ \n*If calculating cos in degrees, use 180; if calculating cos \nin radians, use 7. \nVelocity Range Calculation for Longitudinal Mode N=l \nvlOw = V(1,l) = f(l)d = 122.63(.400) = 13.63 fps \n%U 12(0.3) \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- H 9999939 0000300 bbL H \nDATE WU DESCRIPTION AFFROVAL \nV* = V(1,2) = f(l)d = 122.631.4001 = 20.44 fps \nS(fC 12 (0.2) \n= V(1,3) = f(i)a' = 122.63(.400) = 40.88 fps \nSdl 12 (O. 1) vUP \nIII. First Radial Acoustic Mode Resonance Calculation \n1. h/ri = 1.25/(8.00/2) = .3125 \n2. FNCO = 3.8-16.72 (h/ri) + 13.67 (h/ri) \nFNCO = 2.58 \n3. Speed of Sound \nJ 3.21E-04 (12) \\ Cq =/ b/(P+i4.7)g = 1.40(39.3+14.71 (32.174) ' Pf \nCp = 794.6 fpS \n4. First Radial Acoustic Mode Frequency \n= 12f2.581 (794.6) = 978.84 Hz \n2?f(4. O) \n! \n5. First Radial Acoustic Mode Velocity \nVA= Lcf= 978.84(.400ì = 163.14 fps \n12(0.2) - \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- 9999939 0000301 5T8 D \nMM DESCRI PT I ON \nI 1. Critical frequency (f,) at N=N, \n~.c i = 1. O (5.95E-05) + O. 68 (5.55E-04) (7/7) \nmf = 4.37E-04 slugs \nm = 5 + mf = 137.93E-04 + 4.37E-02 \nm = 14.23E-03 slugs \nat N=Nc, B7 = JI \nn \n12(13728.54)' ( Jz')= 765.S4 HZ \n14.23E-O3 \n2. Critical velocity (V,) at N=N, \nv, = f,f = 765.84.(.400) = 127.64 fps \n* 3. V/ = V /Vc = 20.44/127.64 = 0.160 \n4. SSR = K,Nc = 980.61(72 = 739.13 lbf/in2 \n9.287(1) !rioCe N=l \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- SYM I DESCR I PT I ON SATE \n5. CNp = 1.3 for N P = 1 AFFSOVAL \nC3jsin(180V’) 1 \n+ c5 + *6. C1 c* = \nc4i (V’) 12 C*i(V ) \n0.13 1.0lsini180~.160~~ i \nc* = + + G.06 \n.462+ (. 160 ) 10 + (.i60)2 \nC* = 0.375 \n*If calculating sin in degrees, use 180; if calculating \nsin in radians, use 7. \n7. \n8. \n9. \n10. \n11. PD \nDD \nEE \nCE = C*WD \nV’SSR 6 = 3.21E-0C(20.44)2(12) = \n2 (32.174) \n= O. 375 (. 037) ( .025) \n0.160(739.13) (.326) 0.025 \n1.0 for no elbow present upstream \nIDENT N \nIA psi \n3.00E-06 \n1.029 \n20M02540 \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- REVISIONS \nSYM DESCR I PT 1 ON DATE APPROVAL i \nFIS = (1.029) (9.00E-06) (28.5E+061 (1.0) (1.0) \n1.0 \nCODE \nIDENTNO FIS = 263.94 psi \n20M02540 DWC \nSIZE 12. f (1) = 122.63 Hz < fa = 978.84 Hz; therefore \nFIS = 263.94 psi for long. mode N=l \nNOTE: If f(N) 2 fx, then FIS is multiplied by an acoustic \nfactor of five (5). \n13. Uncertainty Factor: \nThe spring rate was estimated using equ. \ntherefore, the uncertainty factor is (2) \nUF = 2.0 \nand the corrected predicted flow-induced stress .for \nlongitudinal mode N=l is: \nFISC = (UF) (FIS) \nFISC = (2.0)(263.94) = 527.88 psi for long. mode N=l \nv. Calculations for Longitudinal Modes N=2 thru 13. \nA similar proceedure has been applied to the remaining \nbellows longitudinal modes (N=2 thru 13) and the results are \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- 9999939 0000304 207 W \nc \nREVISIONS \nSYM DESCR I PT I ON CATE AF'PROVAL \nsunmarized in Table B-l. \ncalculated next as shown below and is also summarized in Table \nB-l. The convolute bending mode is \nVI. Frequency Calculation for Convolute Bending Mode. \nwhere k, %, and mf2 were previously calculated \n8(13,728.54) (12 \nj137.93E-04 + .68(5.5&E-O4] ' \nfCB = 1534.89 Hz \nVII. Velocity Range Calculation for Convolute Bending Mode. \n= f,,a'= 1534.89(.400) = 255.82 fps \n..-,A L., v* \nIL (U.L) \n= fCBr = 1534.89(.400) = 511.63 fps \n12(0.1) vUP \nsul \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- 9997739 0000305 143 \nStress Calculation for Convolute Bending Mode. \nf 1. vf = v /vc \nwhere Vc was previously calculated \nV' = 255.82/127.64 = 2.004 \n2. CNp = 1.0 for Np=l \n3. C* = O. 4 for the convolute bending mode \n4. PD = Pf(V*)* = 12(3.2iE-04)(255.82)2 \n2 (32.174) \n2g \nPD = 3.918 psi \n* 5. DD = C tPD \nVISSR 8 \nwhere SSR and 6 were previously calculated \nDD = (0.4) (-037) (3.918) = 1.20E-04 \n(2.004) (739.13) (.326) \n6. EE = 1.029 as previously calculated \n7. CE = 1.0 for no elbow present upstream \n20M02540 \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- 9999939 O000306 OBT \nt \nREVlflONS \nSYM DESC R I PT I ON DATE APPROVAL \nCODE \nIDENTNO NP \nFIS = (1.029) (1.20E-04) (28.5Ec06) (1.01 (1.0) \n1.0 \n20M02540 DWG \nSIZE \nA SHEET JV OF 147) FIS = 3,519.18 psi \n9. The convolute bending mode frequency is higher \nthan the first radial acoustic mode frequency \nfCB = 1534.89 HZ > f2.Z 978.84 HZ \ntherefore, an acoustic factor of 5 is applied to FIS \nbelow. \n10. Uncertainty Factors: \nThe spring rate was estimated using equation (2) \nand since radial acoustic resonance is predicted, \ntherefore, the uncertainty factor is \nUJF = (2.0)(1.5) = 3.0 \nAn acoustic factor of 5 is also applied to FIS to \naccount for an increase in stress levels due to \nradial acoustic resonance. The corrected \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- îîîîî3î 0000307 TL6 = \nSYM OESCRIPTION CATE A 2PsOVA i \nflow-induced stress for the convolute bending mode \nis now: \n20M02540 CODE OWG \nIOENTN9 SIZE FISC = (UF) (5.0) (FIS) \nI FISC = (3.0) (5.0) (3,519.18) \nFISC = 52,788 psi for the convolute bending mode \nA SHEET 70 OF IX. Fatigue Assessment \nFor 21-6-9 steel at -2OOOF the endurance limit is * \nSEL = 47,000 psi \nConclusion: \nFrom the results summarized in Table B-1 and in \nFigure B-1 we now compare the predicted FISC values with the \nSEL value given above. \ninfinite life is predicted. \nthe life of the bellows is finite. All 13 longitudinal modes \nhave FISC values less than SEL. \nFISC value is greater than SEL because the first radial \nacoustic mode resonance occurs at 163.14 fps. If FISC is less than SEL, \nIf FISC is greater than SEL, \nThe convolute bending mode \nBased on the above, infinite life is predicted until \nthe convolute bending mode frequency is reached. This \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- SYM DESCRIPTION DATE APPROVAL \nconvolute benäing mode has a flow excitation range from Vlow \n= 170.54 fps to V = 511.63 fps with the optimum or most \nsevere flow excitation occuring at V = 255.82 fps. \nTherefore, the maximum safe flow velocity should be \nlimited, according to case D in paragraph 2.6, to less than \n170.54 fps to maintain a predicted infinite life. UP * \n20M02540 CODE DWG \nIOENTNO SIZE \nw A SHEET 7/ OF /o7 \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- ~~~___ - 9999939 0000309 899 \nI cam w \nct. \nY e, \n'0 \nC d ru \nC \nU U \nQ m \nb N In \nO \nN \ndi m \no 9 N \nO \nrl \no \\o \nN \n(u \nrl \ndi \ndi \nO cv \nrl al c, \n-3 \nC 4 ru r \nU - \nIn w O rl \nO \nN \nN N In \nO \n.-( \nb m \no \ndi N \n9 in \nO w \nN e, c, i \nC i iu \nC \nU \nm o \ndi \nU \nO \n(Y \nm 4 b \nO \nrl \nm In \nO Q o \nd\\ ö \nO Q \n0 e, \nci i \nC i \niic \nC U \nm \ndi \nO \nN \ndi N \nOD \nO \nrl \n.-( b \nN b \ndi al U i \nC d \nCu \nC \nc1 \n.-( b \n\\o rl \nO \nN \nIn 0 m \nO \n4 \no \nII) \nm b \nII) \n(u \ndi \n\\o m al u d \nC d iu \nC U \n\\o m in rl \nO \nN \nm \n\\o b \nO \n.-( \nO b \n9 b 9 \nOD b \n(u \nrl rl \n9 al \nci \ncl C d iu \nC U \nm O o 4 \nO \nN \ndi In 9 \nO \n.-( \nm m \nin 9 b \ndi \n\\o \nb N rl \nb al Y \n-3 \nC d iu \nC U \nm O 9 4 \nO \nN \ndi O m \nO \nrl \ndi o \nIn \ndi \nED \nm m \nO \ndi rl \no) al \n4J d \nC -3 w \nC U \nIn b Q \nrl \nO \n(Y \nt4 o m \nO \n4 \nm b \no \nr( m \nO o \nN In rl \nm al U d C d \nCu \nC U \n(Y \nED O N \nO \n(u \n.-( \ndi O \n.-( \nO \nrl \nm \n9i \nO b \nQI \nin b \nrl a \nrl al \n4J d C d \nrcc \nC \nW \nO \nQI \n(o \n9 \n.-( \nO \nm \no \\o \nLo, In \nO \nII) \nPa \nQ al \n4J rl \nC + \nYI C \nCI \nN In o \nb 4 \nO \nm \n9i \no) b In \nO \nIn \nIn N al \nci d \nC \ncl iu C U \nO 0 9 \nb \n.-( \nO \no \nb m \nCD In \nO \nin \no \n9L \ndi \n\\o 2 \nO w \nb b \n.-( e, \nci i \nC i \nLi \nm \nQ: b \n(Y In \nO \nm \na \nQI In \nb rl \nO \nIn \nm \nCo \n9i o in \nrl \nN \nED \nIn in \n(Y \n.-( +ri \nOP >c cal \no om N - \ndi \nOD \nm b m \nII \nF! ru \nI um \nJP -3 \n@al ad \noa UE 4 \n4 a ri Q \n(o 0: \nc, 0 k d t. \n20M02540 DWC CODE \nIOENTNO SIZE \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- H 9999939 00003LO 500 H \nL \n1534.89 \nFluid Velocity (FTíSEC) \nFigure B-1. Frequency vs. Velocity Plot Indicating \nFlow Excitation Range for Example 1.2 \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- 9 ïïïï%39 0000311 $47 \nCODE \nIDENTNû I \n20M02540 DWG \nSIZE \nA :SHEET 76) OF la7 2.0 FLEXHOSE SXAXPLE PROBLEM \nGiven: Caseous helium flowing through a flexible \nmetal hose at 75OF and at 600 pcig. \nThe flexhose is made of 21-6-9 steel and it is \nassumed the braid will be in contact with all \nof the convolute crowns. There is no elbow \nupstream of the flexhose. \nFLEXHOSE PARAMETERS \nInside convolute width, d= 0.072 in. \nInside convolute pitch, x= 0.104 in. \nMean inside convolute height, h = 0.154 in. \nPly thickness, t = 0.010 in. \nInside diameter, Di = 1.850 in. \nOutside diameter, Do = 2.198 in. \n* Number of convolutes, N, = 32 \nNumber of plys, Np = 2 \nYoung's modulus, E = 28.5E+O6 psi \nMaterial weight density, pm = 0.282 lbf/cu. in. \n* NOTE: This is the actual number of convolutes of the \nfiexhose, however, in the analysis Nc = 1 is used. \nProblem: Determine if the flexhose will have infinite \nlife from flow-induced vibration loads when \noperated.at 800 fps flow velocity. \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- CALCULATION ?5!OCFCüRE: \nI. Frequency Calculation for the Three Flexhose Modes. \n1. Kf \nKf \nKf \nk \nmm = 2.024 (28.5E+06) (2/1) (. 010/. 154) \n= 31,588 lbf/in \n= 2 Xf = 2(31,588) = 63,176 lbf/in \n= ~~,tNpDm[ífa+h-2a] \na = (d-tNp)/2 = [.072-.010(2)]/2 = 0.026 in \nmm = 2.05E-O4 slugs \n( Z,e f/ Z 1 \nThese terms are explained in example 1.2 \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- ~~ ~ ~~ \n9999939 O000313 21T \nCODE DWG 20M02540 IDENTNO SIZE . \ne mIP \nA ‘SHEET 76 OF 1’7 mIP \n4. \nmop \n5* fIP \nf IP Pref = 14.7 (144) = 0.010 ibf/ft3 \n385.96(528) (1.0) \npf = 2.342-04 lbf/in3 \n= T(2.34E-04) (2.024) (.154) [2(.026)-.010(2)] \n2 (32.174) \n= 1.13E-07 slugs \nfIP = 13,684 Hz (In-Phase Mode) = 0.68(2.34E-O4) (2.024) (.154)’ \n32.174 (.032) \n2 (63,176) 12 \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- OESCRIPTJON CATE \nII. APPROVAL \n2 (63 , 176) 12 i \n2.05E-04+1.14E-06 \nfop = 13,650 HZ (Out-of-Phase Mode: \nfCB - - J 8(63,176)12 \\ \n2.05E-04+1.14E-06 \nfCB = 27,299 Hz (Convolute Bending Mode) \nVelocity Range Calculation for the Three Flexhose \n1. In-Phase Mode: \n(fIp) V 13,684 I. 072) \n12C0.3) - - - vlow - \nSdU \n(fIp) d 13 I 684 I. 072) \n12(0.2) - - v* - - \nsdC = 273.7 fps \n410.5 fps \n821.0 fps Modes : \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- 5YM \nI \n20M02540 CODE ' DWG \nIDENTNO SIZE DESCRIPTION \n2. Out-of-Phase Mode: DATE \n(fop) f 13 8 650 (. 072) \n12(0.3) = 273.0 fps - - - Vlow - \n%U APF~OVAL \n(fop)# 13,650(.072) - 12(0.2) = 409.5 fps - v* -- - \nS6C \n13,650 (. 072) \n12(0.1) = 819.0 fps - - (fop) d \nSdl - - \nUP V \n3. Convolute Bending Mode: \n(fCB) 27 I 299 ( -072) \n12(0.3) = 546.0 fps - - - vlow - \n27,299(.072) \nv* - - = 819.0 fps \n%C \n27,299 (. 072)- - - v,P 61 = 1637.9 fps \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- 9999939 0000316 T29 W \nCOO€ \nIDENTNO HSFC FORM 422-8 iVERTiCAL1 (MOVEUûE~ IS=) CO)ITIWUATION SULE? fi \nREVISIOHS \nDATE APF90VAi DESCRIPTION \n20M02540 DWC \nSIZE \nA SHEET 79 OF /37 III. First Radial Acoustic Mode Resonance Calculation \n1. h/ri = .154/(1.8'50/2) = .166 \n2. FNCO = 3.8-16.72 (h/ri) 2+13. 67 (h/ri) \nFNCO = 3.40 \n3. Speed of Sound: \nl i 1 L \n= 1.66 (600+14.7) (32.174) \n2.34E-04(12) \nCq = 3419.32 fpS \n4. First Radial Acoustic Mode Frequency: \nfl = (FNCO) (C,) = 12(3.401 (3419.321 \n2Tri ' 27/(. 925) \nfL = 24,004 Hz \n5. First Radial Acoustic Mode Velocity: \nVL = fl& = 24,004(.072) - 12(0.2) \n%c \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- ~~ \n9999939 0000317 965 \nUN \nIV. Flow-Induced Stress Calculation for the Three Flexhose \nModes \n1. Critical frequency (f,) \nThe critical frequency corresponds to the \nout-of-phase mode frequency, fop, previously \ncalculated. \nfc = fop = 13,650 HZ \n2. Critical velocity (V,) \nThe critical velocity corresponds to the \nout-of-phase mode critical velocity, V* , \npreviously calculated. \nV, = V* (out-of-phase) = 409.5 fps \nvóp = v./Vc * = 409.5/409.5 = 1.00 \n4. KfN, 31,588(1 \nSSR = - = 2.024(2)) = 7803.4 ìbf/in2 \nDmNp \nwhere Nc=l for a flexhose \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- ~~~ ~ \n9999939 O000328 8T1 \nSYM \nIn-Phase Mode CNP = \nOut-of-Phase Mode cNp = .91 \nConvolute Bending Mode CNp = .97 DESCRIPTION \n6. C* for in-phase and out-of-phase modes \nC31sin(180V I ) I \n+ \n+ cg c2+ (V’) c4+ (V’) c* = cl \nIn-Phase Mode C* = .15 \nOut-of-Phase Mode C* = .15 \n7. For the convolute bending mode use C* = 0.4 \nIn-Phase Mode \nOut-of-Phase Mode pD = (2.34E-04)(4i0.5)212 = 7.35 psi \n2(32.174) \n2 pD = (2.34E-04)(409.5) 12 = 7.32 psi \n2(32.174) \nConvolute Bending Mode PD = (2.34E-04)(8i9.0)212 = 29.27 psi \n2 (32.174) \n20M02540 I \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- ~~ \n9999939 0000319 738 \nDATE DESCRI PTION MSFC FORM 422-8 !VERTICAL) (MOVEW8ER 1962) CONTINUATIOM SHEET I 1 RFViCinur \nAPPROVAL \n8. CftPD \nDD = \nV’ SSR 6 \nIn-Phase Mode DD = .15(.010) (7.35) = 4.41E-Of 1.0(7803.4) (.032) \nOut-of-Phase Mode DD = 4.40E-05 \nConvolute Bending Mode DD = 23.44E-05 \n9. EE = 1+0.1(~~4.~ = 1+0.1 (400 )’ = 1.00 \n7803.4 \n10. CE = 1.0 for no elbow present upstream \nIn-Phase Mode FIS = 571.9 psi \nOut-of-Phase Mode FIS = 570.6 psi \nConvolute Bending Mode FIS = 3240.0 psi \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- m îîîîî3î 0000320 45T m \nI I D c v I c in LI P REVISIONS \nSVM DESCR I PT I ON DATE APPROVAL \n1 A SHEET 83 OF 12. Since the first radial acoustic mode frequency (fx) \nis greater than the in-phase and out-of phase node \nfrequencies, no acoustic factor of 5 is applied to \nFIS. \nis higher than the first radial acoustic mode \nfrequency. However, the convolute bending mode frequency \nfCB = 27,299 HZ > fA= 24,004 HZ \ntherefore, an acoustic factor of 5 is applied to FIS \nbelow. \n13. Uncertaint,y Factor: \nFor the in-phase and out-of-phase modes the spring \nrate was estimated using equation (12) and no \nradial acoustic resonance is predicted, therefore \nthe uncertainty factor is \nUF = 2.5 \nFor the convolute bending mode the spring rate was \nestimated using equation (12) and since radial \nacoustic resonance is predicted, therefore the \nuncertainty factor is \nUF = (2.5) (1.5) = 3.75 \n20M02540 \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- V. \n20M02540 CODE DWG \nIDENTNû SIZE \nØ The corrected predicted flow-induced stress for \neach of the three flexhose modes are: \nFISC = (UF) (FIS) \nIn-Phase Mode FISC = (2.5)(571.9) = 1429.8 psi \nFISC = (2.5)(570.6) = 1426.5 psi \nFISC = (3.75) (5.0) (3240.0) Out-of-Phase Mode \nConvolute Bending Mode \n= 60,750 psi \nThe results of the three flexhose modes are summarized * \nin Table B-2. \nA Fatigue Assessment \n SHEET gy OF/O7 I \nFor 21-6-9 steel at 75OF the endurance limit is \nSEL = 31,000 psi \nConclusion: \nFrom the results summarized in Table B-2 and in Figure \nB-2, we now compare the predicted FISC values with the \nSEL value given above. If FISC is less than SEL, \ninfinite life is predicted. If FISC is greater than SEL \nthen a finite life is predicted. The in-phase and out-of- \nphase mode FISC values are less than SEL. The convolute \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- ~ ~ \nD 9999939 0000322 222 \nDESCR I PT I ON SYM DATE A PWOVA i \nbending node FISC value is greater than SEL because radial \nacoustic resonance occurs at 720.12 fps. \nBased on the above infinite life is predicted until \nthe convolute bending mode \nconvolute bending mode has \nVlOw=546. O fpS to Vup=1637'. frequency is reached. This \na flow excitation range from \n9 fps with the optimum \nsevere flow excitation occuring at V*=819. O fps. \nthe maximum safe flow velocity should be limited, or most \nTherefore, \naccording \nto case D in paragraph 2.6, to less than 546.0 fps to \nmaintain a predicted infinite life. This flexhose will not \nhave infinite life when operated at 800 fps flow velocity. \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- REVISIOHS \nSYM DESCRIPTION DATE APPROVAL - \nVJO \nou UC aa aw al \nci 4 c rl \nCu \nC H \nIn \nio \nCJ \n9i \nrl \nIn \nci \nio \nO b In \nO \nd \nO v) \nio \no ri \nIn \nm \nO \ndi \noi \nII) a L: a \nI \nCu \n? c, 3 O al c, \nrl c rl \nCu \nC H \nCD \nm \n(v \n9i d \nIn \nCJ \nOI \nri b In \nO \nd \nv al io \no rl \nLn \nO rl -! \na \nv) a c a \nc I \nH N \nX \n9i O O \n-! N \nU \nA. w \nVI a w \nci \nA \nO P4 b \nI \nd 2 \n.. \nal o c a \nC \nO \nv) \nQi K \nal 5 O E \nU -4 \nci \nv) 3 \nO U 4 \n4 a \nrl \nQ a K \nci \nv) k 4 \nL4 P a \nE E 3 (II \nal 4 a E (II \nX w \nal \nv) O c \nX al 4 Li \n(v \nI m \nal 4 P a \nE.i \n20M02540 \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- .WSFt FORM 422-8 !VERTICAL) (MOVEMeER 19a) \nFluid Velocity (FT/SEC) \nFigure B-2. Frequency vs. Velocity Plot indicating \nFlow Excitation Range for Example 2.0 \n5-8872-0-224 \n20M02540 \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- W 9999939 0000325 T31 W \nSYM DESCRIPTION DATE APPROVAL \nAPPENDIX C \nBELLOWS FLOW-INDUCED VIBRATION COMPUTER PROGRAM \nllBELFIV1* Version 3.3 \n20M02540 CODE DWG \nIOENTNO SIZE \n* A :SHEET 88 OF 107 \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- ~~ \n9499939 O000326 978 \n1 REVISIONS \nSYM OESCR I PT ION CATE APFROVAL . arm DESCRI PT ION \n1.0 1 CATE \nCOMPUTER PROGRAM: \nThe computer program was written to calculate the \nmodal frequencies, flow excitation ranges, and flow-induced \nstresses for the longitudinal modes and the convolute bending \nmode in a metal bellows. This program is written to apply to \nboth liquid and gas flows through a metal bellows. In the \ncase of gas flows, it also calculates the first radial \nacoustic mode frequency and velocity. This program, however, \ndoes not conduct flow-induced vibration analysis for a \nflexhose and does not calculate static stresses in a bellows. . \nThe flexhose and static stress analysis have to be done by \nhand. \nThis computer program takes into account the \nuncertainty factors and acoustic factor for flow-induced \nstress. The output values for flow-induced stress have the \nappropriate uncertainty factors and acoustic factor already \napplied. 1 APFROVAL . \nThe computer program gives the user the option of \ninputing the data from the keyboard or from a data file. An \nexample of an input data file is given in paragraph 1.2. The \noutput data can be saved in a data file or sent to a printer. \nIDENTN d SIZE DwG I 20M02540 \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- The computer program was written in Fortran language \nto run interactively with an IBM-XT personal computer. \nHowever, this does not limit its use as it can be readily \nmodified to suit the needs of the designer. \nbetween the hand calculations and computer calculations are \nattributed to round-off errors. \nfound when different Fortran compilers are used. \ncompiler used for this computer program is the IBM \nProfessional Fortran Compiler, version 1.00 by Ryan-McFarland The differences \nDifferences may also be \nThe Fortran \nCorp. \n1.1 Comparison of Theoretical \nI ANALYSIS \na \nBN \n'NP \nC* \nDi \nDm \nE COMPUTER \nA \nBN \nCE \nCNP \nCST \nCO \nDI \nDO \nDMEAN \nE and Computer Procrram Variables: - \nCOMMENT \nMean convolute radius \nDimensionless frequency factor \nElbow factor \nDamping modifier coefficient \nForce and damping coefficient \nSpeed of sound \nBellows inside diameter \nBellows outside diameter \nBellows mean diameter \nYoung's modulus of elasticity \n20M02540 \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- W 9999939 0000328 740 W \nREVISIONS \nSYM DESCRI PT I ON DATE A PPROVA i \n*- FREQCO First radial acoustic mode \nfrequency \nf0 \nf C Reference frequency FO \nFREQC Critical frequency for \nmode N=N, \nfCB FREQCB Convolute bending mode \nfrequency \nFREQ (MODE) \nG \nH Modal frequency \nGravitational acceleration \nMean inside convolute height \nK Elemental spring rate \nm KA Overall bellows spring rate \nMASS \nMASSR Total elemental mass \nMMETAL \nFLUID1 \nFLUID2 Elemental metal mass \nFluid added mass mfl \nFluid added mass mf 2 \nMFLUID \nMFLUDR mf Total elemental fluid \nadded mass \nN MODE Mode number \nNumber of degrees of \nfreedom for a bellows \nNumber of convolutes \nNumber of plyc \nFree stream dynamic pressure \nFluid pressure 2Nc-1 NDEG \nNC \nNP NC \nNPLY \nPD \nP PD \nP \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- ~ = 9999939 0000329 b87 \nSdi \nsdU \nt \n90w \nV* \nUP V \nvC \nV/ \nY \nd \n6 \nx \nPf \nPin STLO \nSTUP \nSTCRIT \nT \nV (MODE 1 ) \nV(MODEr2) \nV (MODE 3 ) \nVELC \nVP \nVELCO \nGAMMA \nSIGMA \nDELTA \nLAMBDA \nRHOF \nRHOM Lower Strouhal number \nUpper Strouhal number \nCritical Strouhal number \nPly thickness \nLower limit velocity for mode -i \nCritical velocity for mode N \nUpper limit velocity for mode N \nCritical velocity for mode N=N, \nNormalized velocity parameter \nFirst radial acoustic mode \nvelocity \nSpecific heat ratio for the \nInside convolute width \nInside convolute gap \nInside convolute pitch \nWeight density of fluid \nweight density of flexible \nline material. \n20M02540 \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- - \n9999939 0000330 3T9 \nt \nSYM RESCRIPTION DATE APFP\"\"\" \n1.2 InDUt Data File Format and Examples \nInput File: DFILE \nDescription of Input File DFILE: \nLine 1--TITLE (A70) \nThis line assigns an identifying \nparticular bellows. \nLine S--JFLAG, NFLUID, NDEG (313) \nThis line enters certain \nbellows. \nJFLAG . . . . \nJFLAG=l \nJFLAG=2 \nNFLUID . . . \nNFLUID=l \nNFLUID=2 \nNDEG . . . . label \nconditions of to a \nthe \ndetermines origin of \noverall spring rate KA \nprogram will calculate \nprogram will use the \ngiven value of KA \nflow medium \nliquid \nno. of bellows \nlongitudinal degrees \nfreedom=LNC-l of KA \n=ODE IOENTN ¿ SIZE OW= I 20M02540 \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- WU DESCR I PT ' -- - \nDATE APFSOVAL IUN \nCODE \n[DENTNO Line \n20M02540 DWG \nSIZE \nA 'SHEET 9 4 OF Line 3--NC, NPLY, SIGMA, LAMBDA, H, T (6F10.3) \nThis line enters certain geometric parameters of the \nbellows. \nNC ........ number of convolutes counted \nfrom the outside \nNPLY ..... . . number of plys \nSIGMA ...... inside convolute width, irches . i i \n...... LAMBDA inside convolute pitch, inches \nH ........ mean inside convolute height, i I inches \nT ........ ply thickness, inches \n4--DI, DO, E, RHOM, KA, LOVERD (2F10.3, F1O.O, 3F10.3) \nThis line enters certain geometric parameters, matl. \nproperties, and conditions of the bellows. \nDI ........ bellows inside diameter, inches \nDO ........ bellows outside diameter, \ninches \nE ........ Young's modulus of elasticity, \nlbs/sq. in. \nRHOM ....... weight density of the \nmaterial, lbf/cu. in. \nKA ........ bellows overall spring rate, \nlbf/inch (Input 0.0 if program \ncalculates KA) \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- 20M02540 CODE DWG \nIOENTNO SIZE VI. 1 UAI~ i APPQOVAL \nt LOVERD ...... length from termination of \nelbow to first convolute \ndivided by the I.D. of pipe \njust before the bellows \n(input 0.0 if no elbow \nupstream) \nA SHEET YSOF Line 5--This line enters the conditions of the fluid \nwhether a gas or a liquid. \nFor a liquid--P, TEMP, RHOF (3F10.3) \nP ........ liquid pressure, psig \nTEMP ...... liquid temperature, \nFaherenheit \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- OESCRIPTION DATE APPROVAL SVM \nLine 6--Z, ZREF, GAMMA (3F10.3) \nThis line enters the gas compressibility factors and \nspecific heat ratio for the gas. This line is only \nused when the fluid is \nthe fluid is a liquid. \n2 . . . . . . . . \nZREF \nGAMMA a gas and is not used when \n. . gas compressibility factor \n(non-dim) \n. . gas compressibility factor \n. . specific heat ratio for- at reference state (non-dim) \nthe gas (non-dim) \nI \n20M02540 \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- ~ ~~ \n9999939 0000334 T44 \nv IA MSFC CORM 422-8 IVERTICAL) (MOVEMûER 196.2) CONTINUATION SMLE1 I I REVISIONS \nI \nI J UA I t I APFROVAi \nAn example of an input file for liquid flow through a \nThe corresponding output file metal bellows is shown below. 'I \nis shown in paragraph 1.3. \nliquid medium example 1.1 presented in Appendix B. This example is identical to the \nLIQUID MEDIUM EXAMPLE 1.1 \n16.000 3.000 \n35.000 68.000 62.400 1 2 31 \nO. 095 O. 148 \n3.000 3.690 29000000. 0.286 O. 325 0.007 \n0.000 1.333 \nAn example of an input file for gas flow through a \nmetal bellows is shown below. \nis shown in paragraph 1.3. \ngaseous medium example 1.2 presented in Appendix B. The corresponding output file \nThis example is identical to the \nGASEOUS MEDIUM EXAMPLE 1.2 \n1 1 13 \n7.000 1.000 \n8.000 10.574 \n39.3000 -200.0000 \n0.982 1.000 0.400 0.726 \n28500000. o. 282 \n14.7000 68.0000 \n1.400 1.250 O 037 \n0.000 0.000 \n0.0730 \np-pE \nIDENTN SIZE 20M02540 \nSHEET 77 OF 'O7 \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- . REVISIONS \nSfM DESCRIPTION DATE A PFROVA L * \nr \n20M02540 CODE DWG \nIDENTNO SIZE 1.3 Output File Examples \nOn the following pages are the output files \ncorresponding to the two sample input files (liquid and gas). \nJ A 'SHEET 78 OF 107 \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- 9999939 0000336 BL7 \nREVJSIOHS \nSYM OESCR IPTION DATE c \nLIQUID HED1T-X EXAMPLE 1.1 APF~OVAL \nBELLOWS PARAMETERS \nSIGMA(INS1DE CONVOLUTE WIDTH, IN) \nLAMBDA (INSIDE CONVOLUTE PITCH , IN) \nH(MEAN INSIDE CONVOLUTE HEIGHT, IN) \nT(CONV0LUTE THICKNESS PER PLY, IN) \nDI (INSIDE DIAMETER, IN) \nDO (OUTSIDE DIAMETER , IN) \nNC (NUMBER OF CONVOLUTES ) \nNPLY(NUMBER OF PLYS) \nKA ( OVEmLL SPRING RATE, LBF/IN) \nMOM (MATERIAL DENSITY, LBF/CU. IN) E(Y0WNG'S MODULUS, La/SQ.IN) O. \nFLUID PARAMETERS \nCODE \nIOENTNC O. 095 \n0.148 \n0.323 \nO. 007 \n3.000 \n3.690 \n16.000 \n3.000 \n2900E+08 \n181.735 \nO. 286 \n20M02540 DWG \nSIZE - MNG . \nMODE NO. \n1 \n2 \n3 \n4 \n5 \n6 \n7 \n8 \n9 \n10 \n11 \n12 \n13 \n14 \n15 \n16 \n17 \n18 19 \n20 \n21 \n22 \n23 \n24 \n25 \n26 \n27 \n28 29 30 \n31 \nCOWO LUTE \nBENDING \nMODE P (PRESSURE, PSIG) 35.000 \nTEMP(TEMPERATTJRE, DEG F) 68.000 \nRHOF (FLUID DENSITY, LBF/cU. IN) O. 3611E-01 \nCE (ELBOW FACTOR, DIMENSIONLESS) 2.410 NFLUID (l=GAS, 2=LIQUID) 2 \nTHEORETICAL BELLOWS PERFORMANCE \nFLOW-IND. STRESS MODE FREQUENCY \nWITH U.F., PSI HZ \n0. 10502E+05 \n0.21952E+05 \n0.33304E+05 \n0.43439E+05 \n0.51738E+05 \nO .58014E+Q5 \n0.62338E+05 \n0.64914E+05 0.66006E+05 \n0. 65896E+05 \n0.64862E+05 \n0. 63155E+05 \n0.61000E+05 \n0.560626+05 \n0.53554E+05 \n0.567523+05 \n0.59664E+05 \n0.62256E+05 \n0.64508E+05 \n0.66410E+05 \nO. 67960E+05 \n0.69160Ec05 \n0.70015Ei05 \n0.70532Ec05 \n0. 70719E+05 \n0.70132B+05 \n0. 69374E+05 \n0.66969E+0.5 0.58585~+05 \n0.70583E+05 \no. 6a316~+05 135.638 \n256.980 \n366.715 \n466.738 \n558.422 \n720.613 \n792.497 \n858.912 \n920.234 \n976.768 \n1076.429 \n1119.936 \n1159.435 \n1195.053 \n1226.904 \n1255.088 \n1279.697 \n1300.814 \n1332.886 \n1351.896 \n1356.679 \n1358.407 \n1357.149 \n1352,978 \n1345.964 \n1323.703 642.788 \n1028.764 \n1318.519 \n1343.988 \n1336. ia0 \n0.30653E+06 2440.707 i FMW EXCITATION RANGE, FT/SEC \nLOWER \n3.579 \n9.677 \n12.317 \n14.736 16.962 \n19.016 \n20.913 \n22.666 \n25.776 \n27.148 \n28.406 \n29.554 \n30.596 \n31.536 \n32.377 \n33.120 \n33.770 \n34.327 \n34.794 \n35.173 \n35.466 \n35.675 \n35.801 \n35.847 \n35.814 \n35.704 \n35.518 \n35.260 \n34.931 6.781 \n24.284 \n64.408 CRITI CAL \n5.369 \n10.172 \n14.516 \n18.475 \n22.104 25.444 \n31.370 \n33.999 \n36.426 \n38.664 \n40.722 \n42.609 \n44.331 45.094 \n47.304 \n48.565 \n49.681 \n50.655 51.491 \n52.191 \n52.760 \n53.200 \n53.513 \n53.702 \n53.770 \n53.720 \n53 \n* 555 \n53.278 \n52.397 28.524 \n52. a90 \n96.611 üPPER \n19.738 \n20.344 \n29.032 \n36.950 \n44.208 \n57.049 \n62.739 67.997 \n72.052 50. a87 \n77.327 \n81.444 \n85.217 \n91.709 \n94.608 \n97. i30 \n99.361 \n101.309 \n102.981 104.383 \n105.520 \n106.399 \n107.025 \n107.404 \n107.541 \n107.441 107.111 \n106.555 \n105.781 \n104.793 88.662 \n193.223 \nA I SHEET 99 OF \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- CATE A PFSOVA i OESCR I PT i ON \nGASEOUS AEDIUn EXAHPU 1.2 \nBELMWS PARAMETERS \nSIGMA(INS1DE CONVOLUTE WIDTH, IN) \nLAMBDA (INSIDE CONVOLUTE PITCH, IN) \nH(W INSIDE CONVOLUTE HEIGHT, IN \nT(CONV0LUTE THICKNESS PER PLY, IN) \nDI (INSIDE DIAMETER, IN) \nDO(0UTSIDE DIAMETER, IN) \nNC(\"MBER OF CONVOLUTES) \nNPLY(\"MBER OF PLYS) \nE(Y0UNG'S MODULUS, LB/SQ.IN) \nKA (OVERALL SPRING RATE , LBF/ IN) \nNOM (MATERIAL DENSITY, LBF/CU. IN) O '1 \n.2a \n9 0.400 \n0.726 \n1.250 \nO. 037 \n10.574 \n7.000 \n1.000 \n50E+08 a. ooo \n80.613 \n0.282 \nFLUID PAWCMETERC \nP(PRESSURE, PSIG) 39.300 -200.000 TEMP (TEMPERATURE, DEG F) \nRHOF(FLU1D DENSITY, LBF/CU.IN) 0.3209E-O3 \n1 NFLUID ( 1=GAS, 2=LIQUID) \nCE (ELBOW FACTOR, DIMENSIONLESS) 1.000 \nTHEORETICAL BELLOWS PERFORMANCE \nLONG. FLOW-IND. STRESS MODE FREQUENCY FLOW EXCITATION RANGE, FT/SEC \nMODE NO. WITH U.F., PSI HZ MWER CRI TI CAL 1 \n2 \n3 \n4 \n5 \n6 \n7 \n9 \n10 \nIl \n12 \n13 a \nCONVOLUTE \nBENDING \nMODE 0.52738Ei03 \n0.10446E+04 \nO. 14377E+04 \nO. 16493Ei04 \nO. 16705E+04 \n0.15359Ei04 \nO. 16087E+04 o.i30a6~+04 \no. 2 0a17~+04 O 18747E+O4 \n0.1669ûE+05 \n0*17352E+05 \n0.17690Ei05 122.691 \n243.368 \n360.526 \n472.710 \n578.533 \n676.693 \n765.990 \n913.776 \n970.493 \n1014. 819 \n1046.246 \n1064.426 845.336 \n1535.182 \nFIRST RADIAL ACOUSTIC MODE FREQUENCY= 13.632 \n27.041 \n40.058 \n52.523 \n64.281 \n85.110 \n93.926 \n101.531 \n107.833 \n112.758 \n116.250 \n118.270 75. ia8 \n170.576 \n980.654 HZ \nFIRST RADIAL ACOUSTIC MODE VELOCITY= 163.442 FT/SEC 20.449 \n40.561 \nso. o88 \n78.785 \n112.782 \n140.889 96.422 \n127.665 \n152.296 \n161.749 \n169.137 \n174.374 \n177.404 \n255. a64 UPPER \n40.897 \nai. 123 \n192. a44 \n281.779 \n323.498 \n338.273 \n348.749 \n354. ao9 120.175 \n157.570 \n225.564 \n255.330 \n304.592 \n511.727 \nDWG 20M02540 CODE \nIDENTNû SIZE \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- t \nREV1510NS \nSfM DESCRI PT I ON DATE APPROVAL \n1.4 Proaram Listinq for BELFIV \nC \nc. . . . . . . \nC \nC \nC \nC \nC \nC \nC \nC \nC \nC \nC \nC \nC \nC \nC \nC \nC \nC \nC \nC \nC \nC \nC \nC \nC \nC \nC \nC \nC \nC \nC \nC \nC \nC \nC \nC \nC \nC \nC \nC \nC \nC \nC \nC \nC \nC \nC \nC \nc** C THIS IS THE BELFIV PROGRAEI ------- VERSION 3.3 \nTHIS PROGRAM CALCULATES THE MODAL FREQUENCIES, FLOW EXCITATION \nRANGES, AND THE FLOW-INDUCED STRESSES FOR THE LONGITUDINAL \nMODES AND THE CONVOLUTE BENDING MODE IN A METAL BELMWS. \nTHIS PROGRAM APPLIES TO BOTH LIQUID AND GAS FLOWS. IN THE \nCASE OF GAS FLOWS, \nMODE FREQUENCY AND VELOCITY. THIS PROGRAM, HOWEVER, DOES NOT \nCONDUCT FLOW-INDUCED VIBRATION ANALYSIS FOR A FLEXHOSE AND \nDOES NOT CALCULATE STATIC STRESSES IN A BELLOWS. IT ALSO CALCüLATES THE FIRST RADIAL ACOUSTIC \nTHIS PROGRAM WAS WRITTEN TO OPERATE ON AN IBM-XT COMPUTER \nWITH A FORTRAN COMPILER WRITTEN BY RYAN-MCFARLAND CORPORATION. \nTHE FOLLOWING PARAMETERS ARE USED: \nJFLAG = l(C0MPUTE KA), 2(USE GIVEN KA). KA IS THE OVERALL \nNFLUID = l(GAS), Z(L1QUID) \nNC = NUMBER OF BELLOWS CONVOLUTES COUNTED FROM THE OUTSIDE \nSIGMA = INSIDE CONVOLUTE WIDTH, IN. \nLAMBDA = INSIDE CONVOLUTE PITCH, IN. L \nH = MEAN INSIDE CONVOLUTE HEIGHT, IN. \nT = CONVOLUTE THICKNESS PER PLY, IN. I \nNPLY = NUMBER OF PLYS IN THE BELLOWS CONVOLUTES \nDI = BELLOWS INSIDE DIAMETER, IN. l \nDo = BELLOWS OUTSIDE DIAMETER, IN. \nE = YOUNG'S MODULUS OF THE BELLQWS MATERIAL, LB/SQ IN. \nRHOM = WEIGHT DENSITY OF THE BELLOWS MATERIAL, LBF/CU IN. \nLOVERD = LENGTH FROM TERMINATION OF ELBOW TO FIRST CONVOLUTE \nCE = DIMENSIONLESS ELBOW FACTOR \nIF NFLUID = l(GAS), THE PERFECT GAS EQUATION OF STATE IS USED BELLOWS SPRING RATE, LBF/IN \nNDEG = NUMBER OF BELLOWS LONGITUDINAL DEGREES OF FREEDOM, 2*NC-1 \ni \nc \nDIVIDED BY THE I.D. OF PIPE JUST BEFORE THE BELLOW, NON-DIM. \nFOR CALCULATING GAS DENSITY AT THE STATE DEFINED BY P AND TEMP. \nIT IS ASSUMED THAT THE GAS PROPERTIES ARE KNOWN AT A REFERENCE \nSTATE DEFINED BY RHOREF, PREF, AND TREF. \nP = GAS PRESSURE, PSIG \nTEMP = GAS TEMPERATURE, DEG. F. \nPREF AND TREF = REFERENCE GAS STATE, PSIA AND DEG. F. \nRHOREF = UEIGHT DENSITY OF GAS AT REFERENCE STATE, LBF/cU FT. \n2 = GAS COMPRESSIBILITY FACTOR, NON-DIM. \nZREF = GAS COMPRESSIBILITY FACTOR AT REFERENCE STATE, \nGAMMA = SPECIFIC HEAT RATIO FOR THE GAS, \nIF NFUJID = 2(LIQUID), THE LIQUID DENSITY MUST BE KNOWN APRIORI \nAT THE LIQUID STATE (P AND TEMP). \nP = LIQUID PRESSURE, PSIG \nTEMP = LIQUID TEMPERA-, DEG. F. \nRHOF = WEIGHT DENSITY OF LIQUID AT P AND TEMP, LBF/CU FT. NON-DIM. \nNON-DIM. \n.................................. \nIMPLICIT REAL(A-RIO-2) \nREAL MODER,MASS,MFLUID,MFLUDR,MMETAL,MASSR \nREAL KA,K,Nl,LOVERD,NC,NPLY,LAnBDA,FMJIDl,FLUIDZ \nINTEGER\"2 ANS,DEV \nCHARACTER* 5 TITLE ( 80) , DFILE ( 20) , OFILE ( 2 O) \nDIMENSION FREQ(75) ,V(75,3) ,FISC(75) \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- C \nC...... SET DATA FILES \nC \niiRITE(6,5) \n5 FOñMAT(lX,'DID YOU SET OUTPUT AND INPUT FILE NAMES ?'/ \nS' (YES=l,NO=2)'/) \nREAD(5,+) NAM \nGO TO (20,10),NAM \n10 WRITE(6,15) \n15 FORMAT(lX,'RETLTRN TO WS ENVIRONMENT TO SET FILE NAMES.'/ \n20 WRITE(6,25) \n25 FORMAT(lX,'WILL THE INPUT DATA BE FROM THE aYBOARD OR FILE ?'/ $ (SET DFILE=input. DAT) '/ ' (SET OFILE=output . DAS) ' ) \nGO TO 2000 \nS' KEYBOARD=l, FILE=2'/) \nREAD ( 5, *) INP \nGO TO (30,22O),INP \nC \nC.. .... INPUT DATA FROM KEYBOARD \nC \n30 WRITE(6,35) \n35 FORMAT(lX,'HOW Dû YOU IDENTIFY THIS BELLOWS ?',/) \n40 FORKAT(70Al) \n45 FORMAT(lX,'COMPUTE OR USE GIVEN SPRING RATE ?'/ READ ( 5,40) (TITLE ( I) , 1=1 ,7 O) \nWRITE (6,45) \n$' 1 (COMPUTE KA), 2 (USE GIVEN KA)'/) \nREAD(5,*) JFLAG \nGO TO (60,50),JFLAG \n50 WRITE [ 6,55) \n55 FORMAT(lX,'OVEMLL BELLOWS SPRING RATE, LBF/IN. ?'/) \n60 CONTINUE \n65 FORMAT(lX,'IS THE FLUID A GAS OR LIQUID ?'/ READ(5,*) KA \nWRITE(6'65) \n$' 1 (GAS), 2 (LIQUID)'/) \nREAD(5,*) NFLUID \nWRITE(6,70) \n70 FORMAT(lX,'NUMBER OF BELLOWS CONVOLUTES COUNTED FROM THE OUTSIDE \nV'/) \nREAD(5,*) NC \nNDEG = 2*NC-1 \nWRITE ( 6,7 5) \nREAD(5,t) NPLY \nWRITE (6, SO) \nFSAD(5,*) SIGMA \nWRITE ( 6'8 5) \nREAD(5,*) LAMBDA \nWRITE (6,90) \nREAD(5,*) H \nWRITE(6,95) \nREAD(5,*) T \nWRITE(6,lOO) \nREAD(5,t) DI \nWRITE (6,105) 75 FORMAT[lX,'NUMBER OF PLYS IN THE BELMWS CONVOLUTES ?'/) \n80 FORHAT(lX,'INSIDE CONVOLUTE WIDTH, IN. ?'/) \n85 FORMAT(lX,'INSIDE CONVOLUTE PITCH, IN. ?'/) \n90 FORMAT(lX,'MEAN INSIDE CONVOLUTE HEIGHT, IN. ?*/) \n95 FORMAT(lX,'COHVOLUTE THICmESS PER PLY, IN. ?'/) \n100 FORMAT[lX,'BELLOWS INSIDE DIAMETER, IN. ?'/) \n105 FORMAT(lX,'BELLOWS OUTSIDE DIAMETER, IN. ?'/) \n20M02540 CODE DWG \nIOENTNC SIZE \nA SHEET IOILOF 107 ~ \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- W 9999939 0000340 248 \ni ____ r- I \nj STM 1 O ESCR I PT I O N I DATE APPROVAL \nREAD(5,*) W \nWRITE (6,110) \nREAD(5,*) E \nWRITE (6,115) \nREAD(5,*) RHOM \nWRITE (6,120) 110 ïORMAT(lX, 'YOUNGS MODULUS FOR BELLOWS MATERIAL, U/SQ IN. ?'/) \n115 FORMAT(lX,'WEIGHT DENSITY OF THE BELLOWS MATERIAL, LBF/CU IN. ?I/) \n120 FORMAT(lX, 'LENGTH FROM TERMINATION OF ELBOW TO FIRST CONVOLUTE'/ \nS' DIVIDED BY THE I.D. OF PIPE JüST BEFORE TiiE BELLOW ?(INPUT O IF \nSNO ELBOW)'/) \nREAD(5,f) MVERD \nGO TO (125,16O),NFLUID \n125 wRITE(6,130) \n130 FORMAT(lX,'GAS PRESSURE, PSIG ?'/) \nREAD(5, *) ? \nWRITE(6,135) \nREAD(5,*) TEMP \nWRITE(6,140) \nREAD(5,*) PREF \nWRITE ( 6,145) \nREAD(5,*) TREF \nWRITE (6,150) 135 FORMAT(lX,'GAS TEMPERATURE, DEG. F ?8/) \n140 FORMAT(lX, 'GAS PRESSURE AT REFERENCE STATE, PSIA ?'/) \n145 FORMAT( lX, 'GAS TENPERATURE AT REFERENCE STATE, DEG. F ? '/) \n150 FORMAT(lX, 'WEIGHT DENSITY OF GAS AT REFERENCE STATE, LBF/CU FT. ?' \n$1) READ(5,*) RHOREF \nWRITE(6,151) \nREAD(5,*) Z \nWRITE(6,152) 151 FORMAT(1X,8GAS COMPRESSIBILITY FACTOR, NON-DIM. ?'/) \n152 FORMAT(lX,'GAS COMPRESSIBILITY FACTOR AT REFEXNCE STATE, NON-DIM. \ns ?'/I \nREAD(5,*) ZREF \nWRITE (6,155) \nREAD(5,*) GAMMA \nGO TO i80 155 FORMAT(lX,'SPECIFIC HEAT RATIO FOR THE GAS, NON-DIM. ?'/) \n160 WRXTE (6,165) \n165 FORMAT(lX,'LIQUID PRESSURE, PSIG ?'/) \nREAD(5,*) P \nWRITE (6,170) \nREAD(5,*) TEMP \nWRITE(6,175) 170 FORMAT(lX,'LIQUID TEMPERATURE, DEG.F ?'/) \n175 FORMAT(lX,'WEIGHT DENSITY OF LIQUID AT THE LIQUID STATE (P AND TEM \nSPI, LBF/CU FT. ?'/) \nREAD(5,*) RHOF \nC \nC.. . . .. SAVE INPUT DATA FROM KEYBOARD \nC \n180 WRITEí6.1851 \n185 FORMAT(lX,'bO YOU WISH TO SAVE INPUT DATA ? (YES=i, NO=2)'/) \nREAD(5,*) NSAVE \nIF(NCAVE. .EQ. 2) GO TO 250 \nOPEN (UNIT=lO, FILE='DFILEI') \nWRITE(10,225) (TITLE( I), I=l, 70) \nWRITE(10,230)JPUG,NFLUID,NDEG \n2011102540 \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- I DCUICI~U- REVISIONS \nb MM DESCR I PT 1 ON \nWRITE(10,235)NClNPLY,S1GMA,LAMBDA,H,T \nIF (JFLAG .EQ. 1) KA=O.O \nWRITE ( 10 , 2 3 6) DI, DO, E, RHOM, KA, MVERD \nGO TO (200,21O),NFLUID \nWRITE(10,242)Z,ZREF,GAMMA \nGO TO 250 200 WRITE (10,241) Pl TEMP, PREF, TREF, RHOREF DATE AFFROVAL \n2 10 WRITE ( 10 , 242) Pl TEMP, RHOF \nGO TO 250 \nC DATE 3N \nC.. . . . . INPUT DATA FROM FILE \nC AFFROVAL \n220 OPEN (UNIT=7, FILE=’DFILE’) \n225 FORMATf7OAlì READ (7 , 225) (TITLE ( I) , I=l, 70) \nREAD (7 ,’ 2 3 O >iFUG , NFLUID, NDEG \n230 FORMAT(3131 \nREAD (7 ;235 j NC, NPLY , SIGMA, LAMBDA, H, T \nREAD (7 I 236) DI I DO, E, RHOM, KA, MVERD \n23 5 FORMAT ( 6F10.3 ) \n2 3 6 FORMAT ( 2F10.3 F10. O , 3F10.3 ) \nGO TO (240,245) ,NFLUID \n240 READ (7 , 2 41) PI TEMP, PREF, TREF , RHOREF \n2 4 1 FORMAT ( 5F10.4) \nREAD (7,2 4 2 ) Z , ZREF , GAMMA \n242 FORMAT(3F10.3) \nGO TO 250 \nPI=3.1415927 \nG”32.174049 \nDMEAN=(DI+W)/2. O \nGO TO (400,405) , JFLAG \nC \nC...... CALCULATION OF SPRING RATE - \n400 KA=DMEAN*E* (NPLY/NC) (T/H) **3 \n405 K-2. *NC*KA \nC \nC..... . CALCULATION OF METAL MASS AND FLUID MASS \nC \nA= ( SIGMA-T* NPLY) /2. \nMMETAG-PIrRHOM*T+NPLY*DMEAN*(PI*A+H-2.*A)/G \nGO TO (410,415) ,NFLüID \n4 10 RHOF= (RHOREF/ 17 2 8. ) * ( ( -14.7) /PREF) * ( (TREF+4 60. ) / (TEMP+4 6 O. ) ) \n$ (ZREF/Z ì \nGo TO’ 420 \n415 RHQF=RHOF/1728. \n420 FLUID~=PI;RHÖP~DMEAN*H* (2. *A-T*NPLY) (2. *G) \nDELTAzLAMBDA-SIGMA ~ - \nFLüID2=RHOF*DMEAN* (H**3) / (GIDELTA) \nC \nC...... CALCULATION OF CRITICAL FREQUENCY AND VELOCITY (AT MODE N=NC) \nC \nsTuP=o. 3 \nSTLO=O. 1 \nSTCRITtO. 2 \nMODER=NC ~~ . - \nMFLUDR=l.O*FLUID1 + 0.6û*(FUTIDt*MODER)/NC \nMASSR=MFLUDR+MMETAL \n1 A (SHEET /U9 OF \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- t DATE SYM DEXR I PT ION m \nAPPROVAL 9999939 00003Y2 010 \nFO=(l./ (2.*PI)) *SQRT(12.*K/MASSR) \nFREQC=FO*SQRT(L.) \nVELC=FREQC*SIGMA/ (STCRIT*ï2. ) \nC \nC.. . . . . CALCULATION OF FREQ. AND VEL. RANGE FOR LOGITUDINAL MODES \nC \nW 440 MODE=l,NDEG \nMFLUID=l.O*FLUIDl + O. 68*FLUID2* (MODE/NC) \nMASS=MFLUI D+MMETAL \nBN=SQRT(2.*(i.+COS((PI*(2.*NC-MODE))/(2.*NC)))) \nFO= ( 1. / ( 2. *PI) ) *SQRT ( 12. *K/MASS ) \nFREQ (MODE) =FO*BN \nDo 440 J=1,3 \nGO TO (425,430,435) ,J \nGO TO 440 \nGO TO 440 425 V(MODE,J)=FREQ(MODE) *SIGMA/(STUP*l2.) \n430 V(MODE, J) =FREQ(MODE) *SIGMA/ (STCRIT*12. ) \n435 V(MODE,J)=FREQ(MODE) *SIGMA/(STM*12.) \n440 CONTINUE \nC \nC...... CALCULATION OF FIRST RADIAL ACOUSTIC MODE (GAS MEDIA ONLY) \nC \nGO TO (600,615), NFLUID \n600 RI=DI/2. \nHRI=H/RI \nCO=SQRT (GAMMA* (P+14.7 ) *G/ (RHOF* 12. ) ) \nIF(HRI.LE.0.40) GO TO 605 \nFNCO=-.336+.935*(RI/H) \nGO TO 610 \n605 FNCO=3.8-16.72*(HRI**2)+13.67*(~~1**3) \n610 F'R.EQC0-12. *FNCO*CO/ (2. *PI*=) \nQARNS=5. O \nVELCO=FREQCO*SIGMA/ (STCRIT*12. ) \nC \nC.... .. CALCULATION OF FLOW-INDUCED STRESS FOR LONGImDINAL MODES \nC \n615 SSR=XA*NC/(DMEAN*NPLY) \nCl=. 13 \nC2=. 462 \nC3-1. O \nC4=10. O \nC5=. 06 \nC6=1.25 \nc7=5.5 \nNl=l. O \nIF (LOVERD. EQ. O. O) N1=0. O \nW 655 MODE=l,NDEG \nW=V (MODE, 2 ) /VEX \nIF(NPLY.GT.1.) GO TO 620 \nCN-1. o \nGO TO 625 CE~l*+(Nl*4.7/(2-+L) ) \n620 CNP=l.O-( (C~*SIGMA/H)/(~.O+C~*VP**~)) \n625 BB=Cl/(C2+W**2) \nCC=C3*ABS (SIN(PI*VP) )/ (C4+vp**2) \nCST=Bñ+CC+CS \nPIFlZ.O*RHOF*(V(MODE,2) **2)/(2.0*G) \nDD=CST*T*PD/ (VP*CSR*DELTA) \nEE=l.O+O.l*( (400.0/SSR) **2) \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- SYM DESC R I PT I ON DATE APPROVAL \nFIS=EE*DD*E*CNP*CE/NPLY \nC \n- \n* C...... LWCERTAINTY FACTORS FOR STRESS (MNGITUDINAL MODES) \nC I \nGO TO (630,635), NFLUID \n630 IF (FREQ(M0DE) .GE.FREQCO) FIS=FIS*QARTUS*1.5 \n635 CONTINUE \nCODE \nIDENTNC GO TO (640,645), JFLAG \nGO TO 650 640 FIS=FIS*2.0 \n645 FIS=FIS*1.5 \n620 CONTINLJE \n655 CONTINUE FISC (MODE) =FIS \nC \nC.. .... CALCULATION OF FREQ. AND VEL. RANGE FOR CONVOLUTE BENDING MODE \nC \n20M02540 DWG \nSIZE \nA SHEET 106 OF 107 FREQC&(l./ (2. *PI) ) ISQRT(8. fK*12 ./ (MMETAL+. 68*FLUID2) ) \nVCBLoW=F'REQCB*SIGMA/(STUP*l2.) \nVCBSTAR=FREQCB*SIGMA/(STCRIT*l2.) \nVCBUP=FREQCB*SIGMA/ (STLO*l2.) \nC \nC.... .. CALCULATION OF FLOW-INDUCED STRESS FOR CONVOLUTE BENDING MODE \nC \nVP=VCBSTAR/VELC \nIF (NPLY.GT.l) GO TO 660 \nCN-1. O \nGO TO 665 \n660 CN>l.O-((C6*SIGMA/H)/(l.O+C7*VP**2)) \n665 CST=0.4 \nPE=lZ.O+RHOF* (VCBSTAR**2) / (2.O*G) \nDE= CST*T*PD/ (VP*SSR*DELTA) \nFIS=EE*DD*E*CNP+CE/NPLY \nC \nC.. . . . . UNCERTAINTY FACTORS FOR STRFSS (CONVOMPTE BENDING MODE) \nC \nGO TO (670,6751, NFLUID \n670 IF (FREQCB.GE.FREQC0) FIS=FIS*QADJUS*1.5 \n675 CONTINUE \nGO TO (680,685) , JFLAG \nGo TO 690 680 FIS=FIS*2.0 \n685 FIS=FIS*l. 5 \n690 CONTINUE \nFISCB=FIS \nC \nC.. . . . . OUTPUT DATA \nC \nDEV=6 \n800 WRITE(DEV,805) (TITLE(1) ,I=1,70) \n805 FORMAT ( IX, 70A1 I \nWRITE (DEY; 840;' SIGMA, LAMBDA, HIT , DI, Dû I NC NPLY I E \nWRITE(DEVf845) KA,RHOH,P,TEMP,RHOF,NFWID,CE \nWRITE(DEV.850) w si0 MODE=~;NDEG \n810 WRITE(DEY,855)MODE,FISC(MODE),FREQ(MODE),V(MODE,1),V(MODE,2), \n$V (MODE, 3 ) \nWRITE (DEV,856) FISCB, FREQCB,VCBLOW,VCBSTAR,VCBUP \nGO TO (815,8201, NFLUID . , 815 WRITE(DEV,860) FREQCO \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`--- = 9999939 0000344 993 \nREVISIONS \nSYM DESCRIPTION DATE \nWRITE(DEV,865) VELCO \nô20 CONTIPNE \n82s IF (DEV.EQ.~ .OR. DEV.EQ.~) GO TO a35 \nWRITE(6,830) \n830 FORMAT(//,lX,’WHERE Do YOU WANT OUTPUT SENT? O-EXIT,l-FIU,2-PRINT \nSER’/) \nREAD (5, *) ANS \nIF(ANS.EQ.0) GO TO 2000 \nIF(ANS. EQ. I) DEV=8 \nOPEN (UNIT=8 I FILE=‘OFILE‘ ) \nIF(ANS.EQ.2) DEV=9 \nOPEN (UNIT=9, FILE=’LPTl’) \nGO TO ao0 \na35 CONTINUE \n84 O FORMAT (/ ,29X, 18HBELLOWS PARAMETERS, // \ns 19X, 3 3HSIGMA ( INS IDE CONVOLUTE WIDTH, IN) ,4X, F6.3 , / s 19X,34HLAMBDA(INSIDE CONVOLUTE PITCH, IN),3X,F6.3,/ s 19X,35HH(MEAN INSIDE CONVOLUTE HEIGHT, IN),2X,F6.3,/ \ns 19X,34HT(COWOLUTE THICKNESS PER PLY, IN),3X,F6.3,/ s 19X,23HDI(INSIDE DIAMETER, IN),14X,F6.3,/ s 19X, 2 4HW (OUTSIDE DIAMETER, IN) , 13X, F6.3 ,/ s 19XI24HNC(NtTMBER OF CONVOLUTES),12XIF7.3,/ \nS 19XI20HNPLY(NUMBER OF PLYS),16X,F7.3,/ \nS 19X , 2 8HE ( YOUNG ‘ S MODULUS , LB/SQ . IN) ,4 X , El 1 .4 ) \ns 19X,33HRHOM(MATERIAL DENSITY, LBF/CU.IN),3X,F7.3,// \ns 3OXI16HFLU1D PARAMETERS,// s 19X, 17HP(PRESSURE, s 19X,24HTEMP(TEMPERAT, DEG F),llX,F8.3,/ \ns 19X,30HRHOF(FLUID DENSITY, LBF/Cü.IN),2X,E11.4,/ \ns 19X, 23HNFLUID ( l=GAS, 2-LIQUID) , 19X, I1 , / \ns 19X, ‘CE(ELB0W FACTOR, DIMENSIONLESS) ’ , 6X,F6.3/// \n$ 25X, ’THEORETICAL EELCOWS PERFORMANCE’ ,/) \n850 FORMAT(2XI78HLONG. FLOW-IND. STRESS MODE FREQUENCY FLOW S EXCITATION RANGE, FT/SEC,/,1XI8HMODE N0.13X,14HWITH U.F., PSI, \n$11X,2HHZ,13X,5HTiOWR,5X,8HCRITICAL,4X15~PPERl/) \n855 FORMAT(3X,I2,8X,E11.5,7X,F11.3,5X,3F11.3,5Xl3Fll.3) \n$F11.3,5X,3F11.3) \n860 FORMAT(//,3X8’FIRST RADIAL ACOUSTIC MODE FREQUENCY=’,F9.3,lX, \nS’HZ‘/) \n865 FORMAT(3X,‘FIRST RADIAL ACOUSTIC MODE VELOCITY=’,F9.3,1XI \n$ ’ FT/ SEC ’ / ) 845 FORMAT(19X,31HKA(OVERALL SPRING RATE, LBF/IN) ,lX,F11.3,/ \nPSIG) , 19X, F7.3 ,/ \n856 FORMAT(//,1X~9HCOWOUPTE,/~2X~7HBENDING,/~3X,4HMODE~6X~E11.5,7X, \n2000 CONTINUE \nEND APPSOVAL \n20M02540 CODE DWG \nIDENTNO SIZE \nb A ‘SHEET /VOF /u7 \nProvided by IHS\nLicensee=NASA Technical Standards 4/9972545004, User=Fults, Jason\nNot for Resale, 10/22/2008 13:47:31 MDT\nNo reproduction or networking permitted without license from IHS\n--`,`,`,,,,,,`,`,,`,,````,`,,,,`-`-`,,`,,`,`,,`---" }

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{ "pdf_file": "PGJA7RZXFYTWRTYHWLSDEJFR2OKNYIP6.pdf", "text": "Since 1969, EFNEP has improved \nthe diets and food-related behaviors \nof program participants. Each year \nEFNEP enrolls more than half a million \nnew program participants. In 2009, EFNEP \nreached 147,043 adults and 444,875 \nyouth directly and nearly 400,000 family \nmembers indirectly.DEFINING THE PROBLEM\nObesity, poor nutrition, and limited physical activity are \nsignificant health concerns. Poor health disproportionately \naffects minority and low-income populations. Educational \nopportunities and resources are limited.\nINVESTING IN THE SOLUTION\nEFNEP brings together federal, state, and local resources \nto target two primary audiences: low-income families with \nyoung children and low-income youth. The program oper -\nates in over 800 counties throughout the 50 states, 6 U.S. \nterritories, and the District of Columbia. Each year, more \nthan 500,000 new participants complete the program.\n.00\n.01\n.02.00.03\n.00\n.01.00\n.00\n.22.00.01\n.01\n.14.01\n.01\n.27.02.22\n.02\n.01Ethnicity not provided Hispanic or Latino Not Hispanic or Latino100%\n30%\n0%non-minority \nor not providedminorityREacHING LO w-INc OME F aMILIES\n85% of EFNEP participants who reported income are at or below \n100% of poverty, earning $22,050 a year or less for a family of four.REacHING DIVERSE POPULa TIONS\nAt least 70% of all EFNEP adults are minorities.\n85% of participants \nat or below poverty15% of participants \nabove poverty\nup to 100% of poverty\n$22,050 for a family of 4up to 185% of poverty \n$40,793 for a family of 4\nup to 75% of poverty \n$16,538 for a family of 4\nup to 50% of poverty\n$11,025 for a family of 4\n0%2,441 \n13,766 13,315 22,625 51,795 participants2009 impacts: THE ExP aNDED F OOD \naND NUTRITION EDUca TION PROGRaM (EFNEP)www.nifa.usda.gov/efnep \nMultiple races identified\namerican Indian \nor alaska Native\nNative Hawaiian \nor other Pacific Islanderafrican- american\nasian\nwhite\nRace not provided wHY IT w ORk S\nEFNEP educators follow a research-based learning \nmodel that allows them to effectively reach and \neducate program participants. Educators are:\n• members of the communities they support;\n• trained/supervised by university and county- \nbased faculty;\n• skilled in using hands-on, interactive \nteaching methods;\n• committed to delivering sound instruction;\n• able to influence changes in behavior \nand impact the lives of those they teach; and\n• dedicated to reaching diverse, low-income \npopulations.DEMONSTRa TING RESULTS\nIMPROVEMENT IN FOOD GROUPS\nThis graphic shows the difference between data reported through diet recalls \nfor 93,196 adult EFNEP graduates and recommendations for females ages 19-30 \nwho are moderately active less than 30 minutes per day. Recommendations \nfor males, other age groups, and other activity levels vary (see MyPyramid.gov).3\n2¾\n2½\n2¼\n2\n1¾\n1½\n1¼\n1\n¾\n½\n¼\n0\ngrains vegetables fruits milk meat & beans\ncUPS\nentry\nexit\nrecommended“ Y ou assume that people know how to eat \nand that people will just cook to meet \nthose needs; unfortunately, nutrition is \nsomething that does have to be taught. For \na community to be able to have a program \nlike this… it’s certainly more valuable than \nI think anyone really understands.”\nEFNEP participant, Pennsylvania“ [EFNEP is] a tool that families and individu -\nals can use to better their lives … because \nwhen people ... learn together and cook \ntogether it sets off the first spark that’s \nneeded for education to spread. EFNEP is \nthe spark that’s needed in people’s lives \nand in communities.”\nEFNEP Paraprofessional, New Mexico“ If we teach people how to better shop \nfor food and what to do with food… it helps \ndecrease the number of people who \ngo back to food pantries for assistance. \nIt helps break that cycle of dependency… \nit’s an answer to help people in these \neconomically troubling times.” \nEFNEP partner, St. Martin Center, PA\ncHaNGING \naDULT BEHa VIORINFLUEN cING \nYOUTHUSDA is an equal opportunity provider and employer | June 2010\nFor more information, visit www.nifa.usda.gov/ efnep or contact sblake@nifa.usda.gov or hchipman@nifa.usda.gov95% 66%\nPercentage of adults improving \ndiet, consuming an extra ⅔ cup \nof fruits and vegetablesPercentage of 83,314 youth \nnow eating a variety of foodsdiet quality\n83% 61%\nPercentage of adults \nbettering food resource \nmanagement practicesPercentage of 89,823 youth \nincreasing ability to select \nlow-cost, nutritious foodsfood savings88% 66%\nPercentage of adults \nimproving nutrition \npracticesPercentage of 115,879 youth \nincreasing essential human \nnutrition knowledgenutrition\n67% 57%\nPercentage of adults \nimproving food safety \npracticesPercentage of 107,357 youth \nimproving food safety and \npreparation practicesfood safety" }

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{ "pdf_file": "W5VHS6JXL2IZQKOADSVN6J2JWZPNWVC6.pdf", "text": "BARROW STATEMENT ON AIG BONUSES\n\r\nWashington, DC - Congressman John Barrow (GA-12)\r\nreleased the following statement today:\r\n\r\n\r\n\"The more we learn about failed executives of companies like\r\nAIG making off with taxpayer money that's supposed to save their companies the\r\nangrier I get.  This is exactly why I\r\ndidn't vote for the bailout last fall, and why I think the only money we should\r\nbe spending should go to keeping families in their homes and putting businesses\r\nback to work.  We need to crack down on\r\ngreedy execs who line their pockets with taxpayer money.\"\r\n\r\n\r\n \r\n\r\n\r\n###\r\n\r\n\r\n \r\n\r\n\r\nContact:  Jane Brodsky, (202)\r\n225-2823\r\n\r\n\r\n \r\n\r\n\r\nclick here for a .pdf copy of this release \r\n\r\nJohn Barrow\nhttp://www.barrow.house.gov Powered by Joomla! Generated: 1 December, 2009, 18:37" }

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{ "pdf_file": "Y4C4I2PAQFLQEVARQJGECB27WBTI3R3R.pdf", "text": " \n UNITED STATES BANKRUPTCY COURT \nEASTERN DISTRICT OF VIRGINIA \n \nPUBLIC NOTICE \nStanding Order No. 12-3, Effective July 30, 2012, Adopting Amendment Text to Local \nBankruptcy Rule 9010-1 Pending Pr omulgation of Rule Amendment \n \nAn amendment to LBR 9010-1 is part of a LBR Revision Package, which is being taken up by \nthe Eastern District of Virg inia Standing Committee on Lo cal Bankruptcy Rules (Standing \nCommittee). Given the lead time involved for the Court to receive feedback from the Standing \nCommittee, and, thereafter, the need to provide for a period of public comment, the entry of \nStanding Order No. 12-3, effective July 30, 2012, in the interim, allows for the filing of certain \nnotices specified in FRBP 3002.1 by holders of clai ms other than by counsel. The standing order, \nattached hereto, provides additional information, in this respect. ECF users with limited filing \nprivileges are being provided w ith access to the three events se t forth in the attached standing \norder. \nWilliam C. Redden Date: July 30, 2012 \nClerk of Court \n \n \nUNITED STATES BANKRUPTCY COURT \nEASTERN DISTRICT OF VIRGINIA \n \nIn re ) \n ) \nAdoption of Amendment Text to ) \nLocal Bankruptcy Rule 9010-1 ) Standing Order No.12-3 \nPending Promulgation of Rule ) \nAmendment ) \n \nORDER ADOPTING AMENDMENT TEXT TO LOCAL BANKRUPTCY RULE 9010-1 \nPENDING PROMULGATION OF RULE AMENDMENT \n \n T h e E a s t e r n D i s t r i c t o f V i r g i n i a S t a n ding Committee on Local Bankruptcy Rules is \nconsidering several changes to the Local Rules of the Court including an amendment to Local \nBankruptcy Rule 9010-1, Repres entation and Appearances; Powers of Attorney. The \namendment would permit the filing of certain no tices required by Federal Rule of Bankruptcy \nProcedure 3002.1 as a supplement to a proof of claim filed by a claim holder (Notice of \nMortgage Payment Change; Notice of Postpetiti on Mortgage Fees, Expenses, and Changes; and \nResponse to a Notice of Final Cure Payment). The Local Rule amendment, when promulgated, \nwould permit the filing of such notices by a claim holder other than by counsel. \n \nTo facilitate the application of Federal Rule of Bankruptcy Procedure 3002.1, in this \nrespect, and pending promulgation of the fina l amendment to Local Bankruptcy Rule 9010-1, \n \n NOW, THEREFORE, IT IS ORDERED that: \n \n Pending the promulgation of the final amen dment to Local Bankruptcy Rule 9010-1, the \nfiling of a supplement to a proof of claim or a response to a notice of final cure amount pursuant \nto Federal Rule of Bankruptcy Procedure 3002.1, are excepted from any requirement under LBR \n2090-1 that such filings must be made by an attorney. \n \nDated: July 30, 2012 \n \n \n FOR THE COURT: \n \n \n /s/ Douglas O. Tice Jr.___ \n DOUGLAS O. TICE JR. \n Chief United States Bankruptcy Judge " }

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{ "pdf_file": "LJCXACJE45ZQBQIGE26MCKVEGUUL2FZM.pdf", "text": "Withholding Funds\nAccording to some of the most recent reports, it is clear that Senator Ted Stevens has indeed\nlost his bid for reelection for Senate in Alaska (read article here). Yesterday, Rep. Jeff Flake\n(R-AZ) and I wrote a letter to the Chairmen of the Appropriations Committees in both houses,\nasking that ... According to some of the most recent reports, it is clear that Senator Ted\nStevens has indeed lost his bid for reelection for Senate in Alaska ( read article here ). \nYesterday, Rep. Jeff Flake (R-AZ) and I wrote a letter to the Chairmen of the Appropriations\nCommittees in both houses, asking that they thoroughly review 39 earmarks that Senator\nStevens recently garnered in the Continuing Resolution. In light of Sen. Stevens’ recent\nconviction on charges of corruption, these earmarks worth $240 million should be inspected\nbefore any action is taken to fund them. A copy of the letter can be found here . \n 1 / 1" }