[Congressional Record Volume 157, Number 87 (Thursday, June 16, 2011)]
[Senate]
[Pages S3893-S3897]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mrs. HUTCHISON (for herself and Mr. Kyl):
S. 1213. A bill to amend title II of the Social Security Act to
extend the solvency of the Social Security Trust Funds by increasing
the normal and early retirement ages under the Social Security program
and modifying the cost-of-living adjustments in benefits; to the
Committee on Finance.
Mrs. HUTCHISON. Mr. President, I ask unanimous consent that the text
of the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1213
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Defend and Save Social
Security Act''.
SEC. 2. ADJUSTMENT TO NORMAL AND EARLY RETIREMENT AGE.
(a) In General.--Section 216(l) of the Social Security Act
(42 U.S.C. 416(l)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (C), by striking ``2017'' and inserting
``2016''; and
(B) by striking subparagraphs (D) and (E) and inserting the
following new subparagraphs:
``(D) with respect to an individual who--
``(i) attains 62 years of age after December 31, 2015, and
before January 1, 2024, such individual's early retirement
age (as determined under paragraph (2)(A)) plus 48 months; or
``(ii) receives a benefit described in paragraph (2)(B) and
attains 60 years of age after December 31, 2015, and before
January 1, 2024, 66 years of age plus the number of months in
the age increase factor (as determined under paragraph
(4)(A)(i));
``(E) with respect to an individual who--
``(i) attains 62 years of age after December 31, 2023, and
before January 1, 2027, 68 years of age plus the number of
months in the age increase factor (as determined under
paragraph (4)(B)(ii)); or
``(ii) receives a benefit described in paragraph (2)(B) and
attains 60 years of age after December 31, 2023, and before
January 1, 2027, 68 years of age plus the number of months in
the age increase factor (as determined under paragraph
(4)(B)(i)); and
``(F) with respect to an individual who--
``(i) attains 62 years of age after December 31, 2026, 69
years of age; or
``(ii) receives a benefit described in paragraph (2)(B) and
attains 60 years of age after December 31, 2026, 69 years of
age.'';
(2) by amending paragraph (2) to read as follows:
``(2) The term `early retirement age' means--
``(A) in the case of an old-age, wife's, or husband's
insurance benefit--
``(i) 62 years of age with respect to an individual who
attains such age before January 1, 2016;
``(ii) with respect to an individual who attains 62 years
of age after December 31, 2015, and before January 1, 2023,
62 years of age plus the number of months in the age increase
factor (as determined under paragraph (4)(A)(ii)) for the
calendar year in which such individual attains 62 years of
age; and
``(iii) with respect to an individual who attains age 62
after December 31, 2022, 64 years of age; or
``(B) in the case of a widow's or widower's insurance
benefit, 60 years of age.'';
(3) by striking paragraph (3) and inserting the following:
``(3) With respect to an individual who attains early
retirement age in the 5-year period consisting of the
calendar years 2000 through 2004, the age increase factor
shall be equal to two-twelfths of the number of months in the
period beginning with January 2000 and ending with December
of the year in which the individual attains early retirement
age.''; and
(4) by adding at the end the following new paragraph:
``(4) The age increase factor shall be equal to three-
twelfths of the number of months in the period--
``(A) beginning with January 2016 and ending with December
of the year in which--
``(i) for purposes of paragraphs (1)(D)(ii), the individual
attains 60 years of age; or
``(ii) for purposes of paragraph (2)(A)(ii), the individual
attains 62 years of age; and
``(B) beginning with January 2024 and ending with December
of the year in which--
``(i) for purposes of (1)(E)(ii), the individual attains 60
years of age; or
``(ii) for purposes of (1)(E)(i), the individual attains 62
years of age.''.
(b) Conforming Increase in Number of Elapsed Years for
Purposes of Determining Primary Insurance Amount.--Section
215(b)(2)(B)(iii) of such Act (42 U.S.C. 415(b)(2)(B)(iii))
is amended by striking ``age 62'' and inserting ``early
retirement age (or, in the case of an individual who receives
a benefit described in section 216(l)(2)(B), 62 years of
age)''.
SEC. 3. COST-OF-LIVING ADJUSTMENT.
Section 215(i) of the Social Security Act (42 U.S.C.
415(i)) is amended--
(1) in paragraph (1)(D), by inserting ``subject to
paragraph (6),'' before ``the term''; and
(2) by adding at the end the following new paragraph:
``(6)(A) Subject to subparagraph (B), with respect to a
base quarter or cost-of-living computation quarter in any
calendar year after 2010, the term `CPI increase percentage'
means the percentage determined under paragraph (1)(D) for
the quarter reduced (but not below zero) by 1 percentage
point.
``(B) The reduction under subparagraph (A) shall apply only
for purposes of determining the amount of benefits under this
title and not for purposes of determining the amount of, or
any increases in, benefits under other
[[Page S3894]]
provisions of law which operate by reference to increases in
benefits under this title.''.
______
By Mr. WARNER:
S. 1222. A bill to amend title 31, United States Code, to require
accountability and transparency in Federal spending, and for other
purposes; to the Committee on Homeland Security and Governmental
Affairs.
Mr. WARNER. Mr. President, I rise today to introduce an important new
piece of legislation--the Digital Accountability and Transparency Act,
or DATA Act.
Sine I have been in Washington, I have been frustrated by the lack of
transparency and useful spending information to help inform the
decision-making process. Our taxpayers deserve to clearly see how their
tax dollars are spent.
As Chairman of the Budget Committee's Task Force on Government
Performance, I have been working to improve the outcomes and results of
our Federal investments.
Last year, we passed the Government Performance and Results
Modernization Act to more frequently track government outcomes and to
help reduce overlap and duplication. Today, I will introduce the DATA
Act to help bring a new level of transparency to our Federal spending.
I want to start by acknowledging the work of the administration and
the Recovery Accountability and Transparency Board--this legislation
was built off the important work they have been leading to reduce waste
for the Recovery Act investments.
Under Vice President Biden's leadership, supported by the Recovery
Board Chairman Earl Devaney--they have established a new standard for
government accountability. The results are impressive.
Out of more than 200,000 Recovery Act fund recipients--there are only
7 recipients that have not filed their required financial reports.
I also need to mention the leadership at the Office of Management and
Budget--including director Jack Lew and our chief performance officer
Jeff Zients. OMB led the charge with the Recovery Board to ensure the
accountability of the Recovery Act funds and have made transparency an
important goal government-wide.
The administration, the Recovery Board and OMB have proved that
government can respond to the demand for more transparency and
accountability. Now we need to expand the Recovery Act model across the
whole government. The DATA Act does just that.
First, this legislation will require recipients of Federal funds and
government agencies to report spending data into one transparent online
portal. Much like they did for Recovery Act funds.
This data will be analyzed and compared proactively in order to
identify and prevent waste, fraud and abuse before it happens. There
are tremendous opportunities to reduce improper payments by applying
the Recovery Board's fraud prevention tactics to the entire Federal
Government.
This legislation will also create a new Board to oversee transparency
efforts and set consistent standards for data across the entire Federal
Government. Board membership will be comprised of a select group that
will include senior OMB officials, agency Deputy Secretaries and
Inspectors General.
All this information will be made publicly available so the American
people can track taxpayer funds more closely.
This legislation will create a new structure that could help
coordinate and reduce duplicative reporting requirements and burdens
felt by many governments, nonprofits and businesses.
Finally, this legislation is an example of how Washington should
work. It builds off the work of the administration and the Recovery
Board, the work of Chairman Darrell Issa in the House and now with the
introduction of this legislation in the Senate. By working together in
a bipartisan way, we will have the strongest proposal that is poised to
change the way the government does business.
I must thank Chairman Darrell Issa of California for his leadership
on developing this legislation. He has been working tirelessly on
improving transparency for years--even starting a House Caucus on
Transparency to rally his colleagues on the subject.
I am pleased to be his partner in offering this legislation.
I look forward to working with my colleagues in the Senate and with
the administration to make refinements to this legislation and to move
forward with this bill.
______
By Mr. FRANKEN (for himself and Mr. Blumenthal):
S. 1223. A bill to address voluntary location tracking of electronic
communications devices, and for other purposes; to the Committee on the
Judiciary.
Mr. FRANKEN. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1223
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Location Privacy Protection
Act of 2011''.
SEC. 2. DEFINITION.
In this Act, the term ``geolocation information'' has the
meaning given that term in section 2713 of title 18, United
States Code, as added by this Act.
SEC. 3. VOLUNTARY LOCATION TRACKING OF ELECTRONIC
COMMUNICATIONS DEVICES.
(a) In General.--Chapter 121 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 2713. Voluntary location tracking of electronic
communications devices
``(a) Definitions.--In this section--
``(1) the term `covered entity' means a nongovernmental
individual or entity engaged in the business, in or affecting
interstate or foreign commerce, of offering or providing a
service to electronic communications devices, including, but
not limited to, offering or providing electronic
communication service, remote computing service, or
geolocation information service;
``(2) the term `electronic communications device' means any
device that--
``(A) enables access to, or use of, an electronic
communications system, electronic communication service,
remote computing service, or geolocation information service;
and
``(B) is designed or intended to be carried by or on the
person of an individual or travel with the individual,
including, but not limited to, a vehicle the individual
drives;
``(3) the term `express authorization' means express
affirmative consent after receiving clear and prominent
notice that--
``(A) is displayed by the electronic communications device,
separate and apart from any final end user license agreement,
privacy policy, terms of use page, or similar document; and
``(B) provides information regarding--
``(i) what geolocation information will be collected; and
``(ii) the specific nongovernmental entities to which the
geolocation information may be disclosed;
``(4) the term `geolocation information'--
``(A) means any information--
``(i) concerning the location of an electronic
communications device that is in whole or in part generated
by or derived from the operation or use of the electronic
communications device; and
``(ii) that may be used to identify or approximate the
location of the electronic communications device or the
individual that is using the device; and
``(B) does not include any temporarily assigned network
address or Internet protocol address of the individual; and
``(5) the term `geolocation information service' means the
provision of a global positioning service or other mapping,
locational, or directional information service.
``(b) Collection or Disclosure of Geolocation Information
to or by Nongovernmental Entities.--
``(1) In general.--Except as provided in paragraph (2), a
covered entity may not knowingly collect, receive, record,
obtain, or disclose to a nongovernmental individual or entity
the geolocation information from an electronic communications
device without the express authorization of the individual
that is using the electronic communications device.
``(2) Exceptions.--A covered entity may knowingly collect,
receive, record, obtain, or disclose to a nongovernmental
individual or entity the geolocation information from an
electronic communication device without the express
authorization of the individual that is using the electronic
communications device if the covered entity has a good faith
belief that the collection, receipt, recording, obtaining, or
disclosure is--
``(A) necessary to locate a minor child or provide fire,
medical, public safety, or other emergency services;
``(B) for the sole purpose of transmitting the geolocation
information to the individual or another authorized
recipient, including another third party authorized under
this subparagraph; or
``(C) expressly required by statute, regulation, or
appropriate judicial process.
[[Page S3895]]
``(c) Anti-cyberstalking Protection.--Not earlier than 24
hours, and not later than 7 days, after the time an
individual provides express authorization to a covered entity
providing a geolocation information service to the individual
for the express purpose of authorizing disclosure of
geolocation information relating to the individual to another
individual, the covered entity shall provide the individual a
verification displayed by the electronic communications
device that informs the individual--
``(1) that geolocation information relating to the
individual is being disclosed to another individual; and
``(2) how the individual may revoke consent to the
collection, receipt, recording, obtaining, and disclosure of
geolocation information relating to the individual.
``(d) Civil Remedies.--
``(1) Action by attorney general of the united states.--If
the Attorney General of the United States has reasonable
cause to believe that an individual or entity is violating
this section, the Attorney General may bring a civil action
in an appropriate United States district court.
``(2) Action by state attorneys general.--If the attorney
general of a State has reasonable cause to believe that an
interest of the residents of the State has been or is
threatened or adversely affected by a violation of this
section, the attorney general of the State may bring a civil
action on behalf of the residents of the State in an
appropriate United States district court.
``(3) Right of action.--Any individual aggrieved by any
action of an individual or entity in violation of this
section may bring a civil action in an appropriate United
States district court.
``(4) Pending proceedings.--
``(A) Federal action.--If the Attorney General has brought
a civil action alleging a violation of this section, an
attorney general of a State or private person may not bring a
civil action under this subsection against a defendant named
in the civil action relating to a violation of this section
that is alleged in the civil action while the civil action is
pending.
``(B) State action.--If the attorney general of a State has
brought a civil action alleging a violation of this section,
an individual may not bring a civil action under this
subsection against a defendant named in the civil action for
a violation of this section that is alleged in the civil
action while the civil action is pending.
``(5) Relief.--In a civil action brought under this
subsection, the court may award--
``(A) actual damages, but not less than damages in the
amount of $2,500;
``(B) punitive damages;
``(C) reasonable attorney's fees and other litigation costs
reasonably incurred; and
``(D) such other preliminary or equitable relief as the
court determines to be appropriate.
``(6) Period of limitations.--No civil action may be
brought under this subsection unless such civil action is
begun within 2 years from the date of the act complained of
or the date of discovery.
``(7) Limitation on liability.--A civil action may not be
brought under this subsection relating to any collection,
receipt, recording, obtaining, or disclosure of geolocation
information that is authorized under any other provision of
law or appropriate legal process.
``(e) Effects on Other Law.--
``(1) In general.--This section shall supersede a provision
of the law of a State or political subdivision of a State
that requires or allows collection or disclosure of
geolocation information prohibited by this section.
``(2) Common carriers and cable services.--This section
shall not apply to the activities of an individual or entity
to the extent the activities are subject to section 222 or
631 of the Communications Act of 1934 (47 U.S.C. 222 and
551).''.
(b) Technical and Conforming Amendments.--Chapter 121 of
title 18, United States Code, is amended--
(1) in the table of sections, by adding at the end the
following:
``2713. Voluntary location tracking of electronic communications
devices.''; and
(2) in section 2702--
(A) in subsection (b), by striking ``A provider'' and
inserting ``Except as provided under section 2713, a
provider''; and
(B) in subsection (c), by striking ``A provider'' and
inserting ``Except as provided under section 2713, a
provider''.
SEC. 4. GEOLOCATION INFORMATION USED IN INTERSTATE DOMESTIC
VIOLENCE OR STALKING.
(a) In General.--Chapter 110A of title 18, United States
Code, is amended--
(1) by redesignating section 2266 as section 2267;
(2) by inserting after section 2265 the following:
``Sec. 2266. Geolocation information used in interstate
domestic violence or stalking
``(a) Offenses; Unauthorized Disclosure of Geolocation
Information in Aid of Interstate Domestic Violence or
Stalking.--A covered entity that--
``(1) knowingly and willfully discloses geolocation
information about an individual to another individual;
``(2) knew that a violation of section 2261, 2261A, or 2262
would result from the disclosure; and
``(3) intends to aid in a violation of section 2261, 2261A,
or 2262 as a result of the disclosure, shall be punished as
provided in subsection (b).
``(b) Penalties.--A covered entity that violates subsection
(a) shall be fined under this title, imprisoned for not more
than 2 years, or both.''; and
(3) in section 2267, as so redesignated, by adding at the
end the following:
``(11) Covered entity; geolocation information.--The terms
`covered entity' and `geolocation information' have the
meanings given those terms in section 2713.''.
(b) Technical and Conforming Amendments.--
(1) Title 10.--Section 1561a(b) of title 10, United States
Code, is amended by striking ``section 2266(5)'' and
inserting ``section 2267(5)''.
(2) Title 18.--Title 18, United States Code, is amended--
(A) in section 1992(d)(14), by striking ``section 2266''
and inserting ``section 2267''; and
(B) in chapter 110A--
(i) in the table of sections, by striking the item relating
to section 2266 and inserting the following:
``2266 Geolocation information used in interstate domestic violence or
stalking.
``2267. Definitions.''; and
(ii) in section 2261(b)(6), by striking ``section 2266 of
title 18, United States Code,'' and inserting ``section
2267''.
(3) Omnibus crime control and safe streets act of 1968.--
Section 2011(c) of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796gg-5(c)) is amended
by striking ``section 2266'' and inserting ``section 2267''.
SEC. 5. SALE OF GEOLOCATION INFORMATION OF YOUNG CHILDREN.
(a) In General.--Chapter 110 of title 18, United States
Code, is amended--
(1) by inserting after section 2252C the following:
``Sec. 2252D. Sale of geolocation information of young
children
``Any person who knowingly and willfully sells the
geolocation information of not less than 1,000 children under
11 years of age shall be fined under this title, imprisoned
for not more 2 years, or both.''; and
(2) in section 2256--
(A) in paragraph (8), by striking the period at the end and
inserting a semicolon;
(B) in paragraph (9), by striking the period at the end and
inserting a semicolon;
(C) in paragraph (10), by striking ``and'' at the end;
(D) in paragraph (11), by striking the period at the end
and inserting ``; and''; and
(E) by adding at the end the following:
``(12) the term `geolocation information' has the meaning
given that term in section 2713.''.
(b) Technical and Conforming Amendment.--The table of
sections for chapter 110 of title 18, United States Code, is
amended by inserting after the item relating to section 2252C
the following:
``2252D. Sale of geolocation information of young children.''.
SEC. 6. NATIONAL BASELINE STUDY OF USE OF GEOLOCATION DATA IN
VIOLENCE AGAINST WOMEN.
(a) In General.--The National Institute of Justice, in
consultation with the Office on Violence Against Women, shall
conduct a national baseline study to examine the role of
geolocation information in violence against women.
(b) Scope.--
(1) In general.--The study conducted under subsection (a)
shall examine the role that various new technologies that use
geolocation information may have in the facilitation of
domestic violence, dating violence, or stalking, including,
but not limited to--
(A) global positioning system technology;
(B) smartphone mobile applications;
(C) in-car navigation devices; and
(D) geo-tagging technology.
(2) Evaluation.--The study conducted under subsection (a)
shall evaluate the effectiveness of the responses of Federal,
State, tribal, and local law enforcement agencies to the
conduct described in paragraph (1).
(3) Recommendations.--The study conducted under subsection
(a) shall propose recommendations to improve the
effectiveness of the responses of Federal, State, tribal, and
local law enforcement agencies to the conduct described in
paragraph (1).
(c) Task Force.--
(1) In general.--The Attorney General, acting through the
Director of the Office on Violence Against Women, shall
establish a task force to assist in the development and
implementation of the study conducted under subsection (a)
and guide implementation of the recommendations proposed
under subsection (b)(3).
(2) Members.--The task force established under paragraph
(1) shall include--
(A) representatives from--
(i) the National Institute of Standards and Technology; and
(ii) the Federal Trade Commission; and
(B) representatives appointed by the Director of the Office
on Violence Against Women from--
(i) the offices of attorney generals of States;
(ii) national violence against women nonprofit
organizations; and
(iii) the industries related to the technologies described
in subsection (b)(1).
(d) Report.--Not later than 2 years after the date of
enactment of this Act, the Attorney General shall submit to
the Committee
[[Page S3896]]
on the Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives a report that
describes the results of the study conducted under subsection
(a).
SEC. 7. GEOLOCATION CRIME REPORTING CENTER.
(a) In General.--The Attorney General, acting through the
Director of the Federal Bureau of Investigation, and in
conjunction with the Director of the Bureau of Justice
Assistance, shall create a mechanism using the Internet Crime
Complaint Center to register complaints of crimes the conduct
of which was aided by use of geolocation information.
(b) Report.--Not later than 18 months after the date of
enactment of this Act, the Attorney General, acting through
the Director of the Federal Bureau of Investigation, and in
conjunction with the Director of the Bureau of Justice
Assistance, shall submit to the Committee on the Judiciary of
the Senate and the Committee on the Judiciary of the House of
Representatives a report that--
(1) discusses the information obtained using the mechanism
created under subsection (a);
(2) evaluates the potential risks that the widespread
availability of geolocation information poses in increasing
crimes against person and property;
(3) describes programs of State and municipal governments
intended to reduce these risks; and
(4) makes recommendations on measures that could be
undertaken by Congress to reduce or eliminate these risks.
SEC. 8. NATIONAL GEOLOCATION CURRICULUM DEVELOPMENT.
The Attorney General shall develop a national education
curriculum for use by State and local law enforcement
agencies, judicial educators, and victim service providers to
ensure that all courts, victim advocates, and State and local
law enforcement personnel have access to information about
relevant laws, practices, procedures, and policies for
investigating and prosecuting the misuse of geolocation
information.
______
By Mr. DURBIN:
S. 1230. A bill to secure public investments in transportation
infrastructure; to the Committee on Commerce, Science, and
Transportation.
Mr. DURBIN. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1230
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Taxpayers in
Transportation Asset Transfers Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Asset transaction.--The term ``asset transaction''
means--
(A) a concession agreement for a public transportation
asset; or
(B) a contract for the sale or lease of a public
transportation asset between the State or local government
with jurisdiction over the public transportation asset and a
private individual or entity.
(2) Concession agreement.--
(A) In general.--The term ``concession agreement'' means an
agreement entered into by a private individual or entity and
a State or local government with jurisdiction over a public
transportation asset to convey to the private individual or
entity the right to manage, operate, and maintain the public
transportation asset for a specific period of time in
exchange for the authorization to impose and collect a toll
or other user fee from a person for each use of the public
transportation asset during that period.
(B) Exclusion.--The term ``concession agreement'' does not
include an agreement entered into by a State or local
government and a private individual or entity for the
construction of any new public transportation asset.
(3) Public transportation asset.--
(A) In general.--The term ``public transportation asset''
means a transportation facility of any kind that was or is
constructed, maintained, or upgraded before, on, or after the
date of enactment of this Act using Federal funds--
(i)(I) the fair market value of which is more than
$500,000,000, as determined by the Secretary; and
(II) that has received any Federal funding, as of the date
on which the determination is made;
(ii) the fair market value of which is less than or equal
to $500,000,000, as determined by the Secretary; and
(I) that has received $25,000,000 or more in Federal
funding, as of the date on which the determination is made;
or
(iii) in which a significant national pubic interest (such
as interstate commerce, homeland security, public health, or
the environment) is at stake, as determined by the Secretary.
(B) Inclusions.--The term ``public transportation asset''
includes a transportation facility described in subparagraph
(A) that is--
(i) a Federal-aid highway (as defined in section 101 of
title 23, United States Code);
(ii) a highway or mass transit project constructed using
amounts made available from the Highway Account or Mass
Transit Account, respectively, of the Highway Trust Fund;
(iii) an air navigation facility (as defined in section
40102(a) of title 49, United States Code); or
(iv) a train station or multimodal station that receives a
Federal grant, including any grant authorized under the
Passenger Rail Investment and Improvement Act of 2008 (Public
Law 110-432; 122 Stat. 4907) or an amendment made by that
Act.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
SEC. 3. PROGRAM TO SECURE PUBLIC INVESTMENTS IN
TRANSPORTATION INFRASTRUCTURE.
(a) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Secretary shall establish a
program under which a Federal lien shall be attached to each
public transportation asset.
(b) Prohibition on Sales and Leases.--
(1) In general.--A public transportation asset to which a
lien is attached under subsection (a) may not be the subject
of any asset transaction unless--
(A) the lien is released in accordance with paragraph (2);
(B)(i) the private individual or entity seeking the asset
transaction enters into an agreement with the Secretary
described in paragraph (3)(A)(i); and
(ii) the State or local government or other public sponsor
seeking the asset transaction enters into an agreement with
the Secretary described in paragraph (3)(A)(ii);
(C) the Secretary publishes a disclosure in accordance with
paragraph (4); and
(D) the State or local government seeking the asset
transaction provides for public notice and an opportunity to
comment on the proposed asset transaction.
(2) Release of liens.--
(A) In general.--A lien on a public transportation asset
described in paragraph (1) may be released only if--
(i) the State or local government or other public sponsor
seeking the asset transaction for the public transportation
asset pays to the Secretary an amount determined by the
Secretary under subparagraph (B); and
(ii) the Secretary certifies that the required agreements
described in paragraph (3) have been signed, and the terms of
the agreements incorporated into the terms of the asset
transaction, for the public transportation asset.
(B) Determination of repayment amount.--The Secretary shall
determine the amount that is required to be paid for the
release of a Federal lien on a public transportation asset
under this paragraph, taking into account, at a minimum--
(i) the total amount of Federal funds that have been
expended to construct, maintain, or upgrade the public
transportation asset;
(ii) the amount of Federal funding received by a State or
local government based on inclusion of the public
transportation asset in calculations using Federal funding
formulas or for Federal block grants;
(iii) the reasonable depreciation of the public
transportation asset, including the amount of Federal funds
described in clause (i) that may be offset by that
depreciation; and
(iv) the loss of Federal tax revenue from bonds relating
to, and the tax consequences of depreciation of, the public
transportation asset.
(3) Agreements.--
(A) In general.--As a condition of any new or renewed asset
transaction for a public transportation asset--
(i) the private individual or entity seeking the asset
transaction shall enter into an agreement with the Secretary,
which shall be incorporated into the terms of the asset
transaction, under which the private individual or entity
agrees--
(I) to disclose and eliminate any conflict of interest
involving any party to the agreement;
(II)(aa) to adequately maintain the condition and
performance of the public transportation asset during the
term of the asset transaction; and
(bb) on the end of the term of the asset transaction, to
return the public transportation asset to the applicable
State or local government in a state of good repair;
(III) to disclose an estimated amount of tax benefits and
financing transactions over the life of the lease resulting
from the lease or sale of the public transportation asset;
(IV) to disclose anticipated changes in the workforce and
wages, benefits, or rules over the life of the lease and an
estimate of the amount of savings from those changes; and
(V) to provide an estimate of the revenue the
transportation asset will produce for the private entity
during the lease or sale period; and
(ii) the State or local government or other public sponsor
seeking the asset transaction for the public transportation
asset shall enter into an agreement with the Secretary, which
shall be incorporated into the terms of the asset
transaction, under which the State or local government or
other public sponsor agrees--
(I) to pay to the Secretary the amount determined by the
Secretary under paragraph (2)(B);
(II) to conduct an assessment of whether, and provide
justification that, the asset transaction with the private
entity would
[[Page S3897]]
represent a better public and financial benefit than a
similar transaction using public funding or with a public (as
opposed to private) entity, including an assessment of--
(aa) the loss of toll revenues and other user fees relating
to the public transportation asset; and
(bb) any impacts on other public transportation assets in
the vicinity of the public transportation asset covered by
the asset transaction;
(III) that, if the private individual or entity enters into
bankruptcy, becomes insolvent, or fails to comply with all
terms and conditions of the asset transaction--
(aa) the asset transaction shall immediately terminate; and
(bb) the interest in the public transportation asset
conveyed by the asset transaction will immediately revert to
the public sponsor;
(IV) to provide an estimate of all increased tolls and
other user fees that may be charged to persons using the
public transportation asset during the term of the asset
transaction;
(V) to disclose any plans the State or local government
seeking the asset transaction has for up-front payments or
concessions from the private individual or entity seeking the
asset transaction;
(VI) that the Federal Government and the applicable State
and local governments will retain respective authority and
control over decisions regarding transportation planning and
management; and
(VII) to prominently post or display the agreement on the
website of the local government or public sponsor.
(B) Term.--An agreement under this paragraph shall not
exceed a reasonable term, as determined by the Secretary, in
consultation with the relevant State or local government.
(4) Publication of disclosure.--Not later than 90 days
before the date on which an asset transaction covering a
public transportation asset takes effect, the Secretary shall
publish in the Federal Register a notice that contains--
(A) a copy of all agreements relating to the asset
transaction between the Secretary and the public and private
sponsors involved;
(B) a description of the total amount of Federal funds that
have been expended as of the date of publication of the
notice to construct, maintain, or upgrade the public
transportation asset;
(C) the determination of the repayment amount under
paragraph (2)(B) for the public transportation asset;
(D) the amount of Federal funding received by a State or
local government based on inclusion of the public
transportation asset in calculations using Federal funding
formulas or for Federal block grants; and
(E) a certification that the asset transaction will not
adversely impact the national public interest of the United
States (including the interstate commerce, homeland security,
public health, and environment of the United States).
(5) Renewal of asset transaction.--An asset transaction
that expires or terminates may be renewed only if--
(A) the Secretary--
(i) calculates a new repayment amount under paragraph
(2)(B) required for renewal, as the Secretary determines to
be appropriate;
(ii) takes into consideration the impact of a renewed
agreement on nearby public transportation assets; and
(iii) publishes a new disclosure for the renewed agreement
in accordance with paragraph (4); and
(B) the State or local government seeking to renew the
asset transaction--
(i) provides for public notice and an opportunity to
comment on the proposed renewal;
(ii) pays to the Secretary the new amount calculated by the
Secretary pursuant to subparagraph (A)(i); and
(iii) enters into a new agreement in accordance with
paragraph (3) for the renewal.
(c) Amtrak.--
(1) In general.--Subject to paragraph (2), the Secretary
may permit a private individual or entity to enter into an
asset transaction covering all or any portion of the
facilities and equipment of the National Railroad Passenger
Corporation (referred to in this subsection as ``Amtrak'').
(2) Conditions.--A private individual or entity that seeks
to enter into an asset transaction described in paragraph (1)
shall agree--
(A) to enter into an agreement described in subsection
(b)(3) with the Secretary covering the asset transaction; and
(B) to pay to the Secretary an amount equal to the amount
of Federal funds provided for Amtrak during the period of
fiscal year 1971 through the fiscal year in which an
agreement described in subsection (b)(3) covering the asset
transaction is entered into, as adjusted by, as determined by
the Secretary--
(i) the reasonable depreciation of the portion of Amtrak
facilities and equipment covered by the agreement, including
that amount of Federal funds provided for Amtrak that may be
offset by that depreciation;
(ii) the amount of Federal funding received by a State or
local government to upgrade any capital facilities owned or
operated by Amtrak to facilitate passenger rail service; and
(iii) the loss of Federal tax revenue from bonds, Federal
financing, or any tax advantages granted to Amtrak since
fiscal year 1971, including financing and bonding covered by
or provided under the Taxpayer Relief Act of 1997 (Public Law
105-34; 111 Stat. 788) or an amendment made by that Act.
(3) Term, disclosure, and renewal.--Paragraphs (3)(B), (4),
and (5) of subsection (b) shall apply to an asset transaction
entered into under this subsection.
(d) Use of Funds by Secretary.--Funds received by the
Secretary as a payment under paragraph (2)(A)(i) or
(5)(B)(ii) of subsection (b) or subsection (c)(2)(B) shall be
available to and used by the Secretary, without further
appropriation and to remain available until expended, for
transportation projects and activities in the same
transportation mode as the mode of the public transportation
asset for which the payment was received.
(e) Regulations.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall promulgate such
regulations as are necessary to implement this Act.
(f) Report to Congress.--Not later than 180 days after the
date of enactment of this Act, and annually thereafter, the
Secretary shall submit to Congress and publish in the Federal
Register a report that describes each public transportation
asset that is the subject of an asset transaction during the
year covered by the report, including the total amount of
Federal funds that were received by a State or local
government to construct, maintain, or upgrade the public
transportation asset as of the date of submission of the
report.
(g) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this Act such sums as are
necessary.
SEC. 4. BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go-Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
submitted for printing in the Congressional Record by the
Chairman of the Senate Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
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