[Congressional Record (Bound Edition), Volume 157 (2011), Part 7]
[Senate]
[Pages 9446-9451]
[From the U.S. 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));

[[Page 9447]]

       ``(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 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:

[[Page 9448]]



                                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.
       ``(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.--

[[Page 9449]]

       (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 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;

[[Page 9450]]

       (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 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

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       (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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