[Congressional Record (Bound Edition), Volume 158 (2012), Part 1]
[Senate]
[Pages 1463-1475]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1534. Mr. VITTER (for himself, Mr. Wicker, Mr. Sessions, and Mr. 
Cochran) submitted an amendment intended to be proposed by him to the 
bill S. 1813, to reauthorize Federal-aid highway and highway safety 
construction programs, and for other purposes; which was ordered to lie 
on the table; as follows:

       On page _, between lines _ and _, insert the following:

     SEC. __. EXTENSION OF CERTAIN LEASES.

       Notwithstanding any other provision of law, each lease 
     issued by the Secretary of the Interior prior to January 1, 
     2011, for oil or gas production in the Gulf of Mexico, 
     including both shallow water and deepwater leases, that has 
     not been extended beyond the term of the original lease, 
     shall be extended for a period of 1 year.
                                 ______
                                 
  SA 1535. Mr. VITTER (for himself, Mr. Wicker, Mr. Sessions, and Mr. 
Cochran) submitted an amendment intended to be proposed by him to the 
bill S. 1813, to reauthorize Federal-aid highway and highway safety 
construction programs, and for other purposes; which was ordered to lie 
on the table; as follows:

       On page _, between lines _ and _, insert the following:

     SEC. __. EXTENSION OF LEASING PROGRAM.

       (a) In General.--The Draft Proposed Outer Continental Shelf 
     Oil and Gas Leasing Program 2010-2015 issued by the Secretary 
     of the Interior (referred to in this section as the 
     ``Secretary'') under section 18 of the Outer Continental 
     Shelf Lands Act (43 U.S.C. 1344) shall be considered to be 
     the final oil and gas leasing program under that section for 
     the period of fiscal years 2013 through 2018.
       (b) Final Environmental Impact Statement.--The Secretary is 
     considered to have issued a final environmental impact 
     statement for the program applicable to the period described 
     in subsection (a) in accordance with all requirements under 
     section 102(2)(C) of the National Environmental Policy Act of 
     1969 (42 U.S.C. 4332(2)(C)).
                                 ______
                                 
  SA 1536. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed by her to the bill S. 1813, to reauthorize Federal-aid highway 
and highway safety construction programs, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. MULTIYEAR CONTRACTS TO BUY RAIL CARS.

       Section 5325(e)(1) of title 49, United States Code, as 
     amended by this Act, is amended by striking ``5 years after 
     the date of the original contract.'' and inserting the 
     following: ``5 years after--
       ``(A) the date of the original contract; or
       ``(B) in the case of a contract to buy a rail car, the date 
     on which the first rail car produced under the contract is 
     delivered.''.
                                 ______
                                 
  SA 1537. Mr. HOEVEN (for himself, Mr. Lugar, Mr. Vitter, Mr. 
McConnell, Mr. Johanns, and Mr. Hatch) submitted an amendment intended 
to be proposed by him to the bill S. 1813, to reauthorize Federal-aid 
highway and highway safety construction programs, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 469, after line 22, add the following:

     SEC. __. APPROVAL OF KEYSTONE XL PIPELINE PROJECT.

       (a) Approval of Cross-border Facilities.--
       (1) In general.--In accordance with section 8 of article 1 
     of the Constitution (delegating to Congress the power to 
     regulate commerce with foreign nations), TransCanada Keystone 
     Pipeline, L.P. is authorized to construct, connect, operate, 
     and maintain pipeline facilities, subject to subsection (c), 
     for the import of crude oil and other hydrocarbons at the 
     United States-Canada Border at Phillips County, Montana, in 
     accordance with the application filed with the Department of 
     State on September 19, 2008 (as supplemented and amended).
       (2) Permit.--Notwithstanding any other provision of law, no 
     permit pursuant to Executive Order 13337 (3 U.S.C. 301 note) 
     or any other similar Executive Order regulating construction, 
     connection, operation, or maintenance of facilities at the 
     borders of the United States, and no additional environmental 
     impact statement, shall be required for TransCanada Keystone 
     Pipeline, L.P. to construct, connect, operate, and maintain 
     the facilities described in paragraph (1).
       (b) Construction and Operation of Keystone XL Pipeline in 
     United States.--
       (1) In general.--The final environmental impact statement 
     issued by the Department of State on August 26, 2011, shall 
     be considered to satisfy all requirements of the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 
     any other provision of law that requires Federal agency 
     consultation or review with respect to the cross-border 
     facilities described in subsection (a)(1) and the related 
     facilities in the United States described in the application 
     filed with the Department of State on September 19, 2008 (as 
     supplemented and amended).
       (2) Permits.--Any Federal permit or authorization issued 
     before the date of enactment of this Act for the cross-border 
     facilities described in subsection (a)(1), and the related 
     facilities in the United States described in the application 
     filed with the Department of State on September 19, 2008 (as 
     supplemented and amended), shall remain in effect.
       (c) Conditions.--In constructing, connecting, operating, 
     and maintaining the cross-border facilities described in 
     subsection (a)(1) and related facilities in the United States 
     described in the application filed with the Department of 
     State on September 19, 2008 (as supplemented and amended), 
     TransCanada Keystone Pipeline, L.P. shall comply with the 
     following conditions:
       (1) TransCanada Keystone Pipeline, L.P. shall comply with 
     all applicable Federal and State laws (including regulations) 
     and all applicable industrial codes regarding the 
     construction, connection, operation, and maintenance of the 
     facilities.
       (2) Except as provided in subsection (a)(2), TransCanada 
     Keystone Pipeline, L.P. shall comply with all requisite 
     permits from Canadian authorities and applicable Federal, 
     State, and local government agencies in the United States.
       (3) TransCanada Keystone Pipeline, L.P. shall take all 
     appropriate measures to prevent or mitigate any adverse 
     environmental impact or disruption of historic properties in 
     connection with the construction, connection, operation, and 
     maintenance of the facilities.
       (4) The construction, connection, operation, and 
     maintenance of the facilities shall be--
       (A) in all material respects, similar to that described 
     in--
       (i) the application filed with the Department of State on 
     September 19, 2008 (as supplemented and amended); and
       (ii) the final environmental impact statement described in 
     subsection (b)(1); and
       (B) carried out in accordance with--

[[Page 1464]]

       (i) the construction, mitigation, and reclamation measures 
     agreed to for the project in the construction mitigation and 
     reclamation plan contained in appendix B of the final 
     environmental impact statement described in subsection 
     (b)(1);
       (ii) the special conditions agreed to between the owners 
     and operators of the project and the Administrator of the 
     Pipeline and Hazardous Materials Safety Administration of the 
     Department of Transportation, as contained in appendix U of 
     the final environmental impact statement;
       (iii) the measures identified in appendix H of the final 
     environmental impact statement, if the modified route 
     submitted by the State of Nebraska to the Secretary of State 
     crosses the Sand Hills region; and
       (iv) the stipulations identified in appendix S of the final 
     environmental impact statement.
       (d) Route in Nebraska.--
       (1) In general.--Any route and construction, mitigation, 
     and reclamation measures for the project in the State of 
     Nebraska that is identified by the State of Nebraska and 
     submitted to the Secretary of State under this section is 
     considered sufficient for the purposes of this section.
       (2) Prohibition.--Construction of the facilities in the 
     United States described in the application filed with the 
     Department of State on September 19, 2008 (as supplemented 
     and amended), shall not commence in the State of Nebraska 
     until the date on which the Secretary of State receives a 
     route for the project in the State of Nebraska that is 
     identified by the State of Nebraska.
       (3) Receipt.--On the date of receipt of the route described 
     in paragraph (1) by the Secretary of State, the route for the 
     project within the State of Nebraska under this section shall 
     supersede the route for the project in the State specified in 
     the application filed with the Department of State on 
     September 19, 2008 (including supplements and amendments).
       (4) Cooperation.--Not later than 30 days after the date on 
     which the State of Nebraska submits a request to the 
     Secretary of State or any appropriate Federal official, the 
     Secretary of State or Federal official shall provide 
     assistance that is consistent with the law of the State of 
     Nebraska.
       (e) Administration.--
       (1) In general.--Any action taken to carry out this section 
     (including the modification of any route under subsection 
     (d)) shall not constitute a major Federal action under the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.).
       (2) State siting authority.--Nothing in this section alters 
     any provision of State law relating to the siting of 
     pipelines.
       (3) Private property.--Nothing in this section alters any 
     Federal, State, or local process or condition in effect on 
     the date of enactment of this Act that is necessary to secure 
     access from an owner of private property to construct the 
     project.
       (f) Federal Judicial Review.--The cross-border facilities 
     described in subsection (a)(1), and the related facilities in 
     the United States described in the application filed with the 
     Department of State on September 19, 2008 (as supplemented 
     and amended), that are approved by this section, and any 
     permit, right-of-way, or other action taken to construct or 
     complete the project pursuant to Federal law, shall only be 
     subject to judicial review on direct appeal to the United 
     States Court of Appeals for the District of Columbia Circuit.
                                 ______
                                 
  SA 1538. Mr. ROBERTS (for himself, Mr. Nelson of Nebraska, Mr. Moran, 
and Mr. Johanns) submitted an amendment intended to be proposed by him 
to the bill S. 1813 to reauthorize Federal-aid highway and highway 
safety construction programs, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the end of title IV of division C, add the following:

     SEC. 34016. HAZARDOUS MATERIAL ENDORSEMENT EXEMPTION.

       (a) Exclusion.--Section 5117(d)(1) of title 49, United 
     States Code, is amended--
       (1) in subparagraph (B), by striking ``and'' at the end;
       (2) in subparagraph (C), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(D) a service vehicle carrying diesel fuel in quantities 
     of 3,785 liters (1,000 gallons) or less that is--
       ``(i) driven by a Class A commercial driver's license 
     holder who is a custom harvester, an agricultural retailer, 
     an agricultural business employee, an agricultural 
     cooperative employee, or an agricultural producer; and
       ``(ii) clearly marked with a placard reading `Diesel 
     Fuel'.''.
       (b) Exemption.--Section 31315(b) of title 49, United States 
     Code, is amended by adding at the end the following:
       ``(8) Hazardous materials endorsement exemption.--The 
     Secretary shall exempt all Class A commercial driver's 
     license holders who are custom harvesters, agricultural 
     retailers, agricultural business employees, agricultural 
     cooperative employees, or agricultural producers from the 
     requirement to obtain a hazardous material endorsement under 
     part 383 of title 49, Code of Federal Regulations, while 
     operating a service vehicle carrying diesel fuel in 
     quantities of 3,785 liters (1,000 gallons) or less if the 
     tank containing such fuel is clearly marked with a placard 
     reading `Diesel Fuel'.''.
                                 ______
                                 
  SA 1539. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill S. 1813 to reauthorize Federal-aid highway and highway 
safety construction programs, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. PROHIBITION ON PRINTING CERTAIN DOCUMENTS.

       (a) Congressional Record.--
       (1) Prohibition on printing.--
       (A) In general.--Chapter 9 of title 44, United States Code, 
     is amended by striking section 903 and inserting the 
     following:

     ``Sec. 903. Congressional Record: daily and permanent forms

       ``(a) In General.--The public proceedings of each House of 
     Congress as reported by the Official Reporters, shall be 
     included in the Congressional Record, which shall be issued 
     in daily form during each session and shall be revised and 
     made electronically available promptly, as directed by the 
     Joint Committee on Printing, for distribution during and 
     after the close of each session of Congress. The daily and 
     the permanent Record shall bear the same date, which shall be 
     that of the actual day's proceedings reported. The Government 
     Printing Office shall not print the Congressional Record.
       ``(b) Electronic Availability.--
       ``(1) Government printing office.--The Government Printing 
     Office shall make the Congressional Record available to the 
     Secretary of the Senate and the Chief Administrative Officer 
     of the House of Representatives in an electronic form in a 
     timely manner to ensure the implementation of subsection (a).
       ``(2) Website.--The Secretary of the Senate and the Chief 
     Administrative Officer of the House of Representatives shall 
     make the Congressional Record available--
       ``(A) to the public on the websites of the Secretary of the 
     Senate and the Chief Administrative Officer of the House of 
     Representatives; and
       ``(B) in a format which enables the Congressional Record to 
     be downloaded and printed by users of the website.''.
       (2) Technical and conforming amendments.--
       (A) In general.--Chapter 9 of title 44, United States Code, 
     is amended--
       (i) in section 905, in the first sentence, by striking 
     ``printing'' and inserting ``inclusion''; and
       (ii) by striking sections 906, 909, and 910.
       (B) Table of sections.--The table of sections for chapter 9 
     of title 44, United States Code, is amended by striking the 
     items relating to sections 906, 909, and 910.
       (b) Budget of the United States Government.--
       (1) Prohibition on printing the budget of the united states 
     government.--
       (A) In general.--Chapter 13 of title 44, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 1345. Prohibition on printing of the budget of the 
       United States Government

       ``The Government Printing Office shall not print the budget 
     of the United States Government described under section 1105 
     of title 31, United States Code.''.
       (B) Technical and conforming amendment.--The table of 
     sections for chapter 13 of title 44, United States Code, is 
     amended by adding after the item relating to section 1344 the 
     following:

``Sec. 1345. Prohibition on printing of the budget of the United States 
              Government.''.

       (2) Electronic availability.--The Office of Management and 
     Budget shall make the budget of the United States Government 
     submitted to Congress under section 1105 of title 31, United 
     States Code, available--
       (A) to the public on the website of the Office of 
     Management and Budget; and
       (B) in a format which enables the budget to be downloaded 
     and printed by users of the website.
       (c) Calendars.--
       (1) Prohibition on printing daily calendars.--
       (A) Senate.--The Secretary of the Senate shall not print 
     the Calendar of Business of the Senate or the Executive 
     Calendar of the Senate.
       (B) House of representatives.--The Clerk of the House of 
     Representatives shall not print the Calendars of the House of 
     Representatives.
       (2) Electronic availability.--
       (A) Senate.--The Secretary of the Senate shall make the 
     Calendar of Business of the Senate and the Executive Calendar 
     of the Senate available--
       (i) to the public on the website of the Senate; and
       (ii) in a format which enables the Calendar of Business of 
     the Senate and the Executive

[[Page 1465]]

     Calendar of the Senate to be downloaded and printed by users 
     of the website.
       (B) House of representatives.--The Clerk of the House of 
     Representatives shall make the Calendars of the House of 
     Representatives available--
       (i) to the public on the website of the House of 
     Representatives; and
       (ii) in a format which enables the Calendars of the House 
     of Representatives to be downloaded and printed by users of 
     the website.
       (d) Deficit Reduction.--Any savings attributable to this 
     section or an amendment made by this section shall be 
     transferred to the General Fund of the Treasury and used for 
     deficit reduction.
                                 ______
                                 
  SA 1540. Mr. BLUNT (for himself and Mr. Casey) submitted an amendment 
intended to be proposed by him to the bill S. 1813 to reauthorize 
Federal-aid highway and highway safety construction programs, and for 
other purposes; which was ordered to lie on the table; as follows:

       Beginning on page 90, strike line 13 and all that follows 
     through page 91, line 14, and insert the following:
       ``(A) Set-aside.--Of the amounts apportioned to a State for 
     fiscal year 2012 and each fiscal year thereafter under this 
     section, the State shall obligate for activities described in 
     subsection (c)(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.
       ``(B) Reduction of expenditures.--The Secretary, after 
     consultation with State and local officials, may reduce the 
     requirement for expenditures for off-system bridges under 
     subparagraph (A) with respect to the State if the Secretary 
     determines that the State has inadequate needs to justify the 
     expenditure.
                                 ______
                                 
  SA 1541. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 1813, to reauthorize Federal-aid highway and highway 
safety construction programs, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PROHIBITION ON FOREIGN ASSISTANCE TO EGYPT.

       Beginning 30 days after the date of the enactment of this 
     Act, no amounts may be obligated or expended to provide any 
     direct United States assistance to the Government of Egypt 
     unless the President has, prior to such effective date, 
     certified to Congress that--
       (1) the Government of Egypt is not holding, detaining, 
     prosecuting, harassing, or preventing the exit from Egypt of 
     any person working for a nongovernmental organization 
     supported by the United States Government on the basis of the 
     person's association with or work for the nongovernmental 
     organization; and
       (2) the Government of Egypt is not holding any property of 
     a nongovernmental organization described in paragraph (1) or 
     of a person associated with such a nongovernmental 
     organization.
                                 ______
                                 
  SA 1542. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill S. 1813, to reauthorize Federal-aid highway and highway 
safety construction programs, and for other purposes; which was ordered 
to lie on the table; as follows:

       On page 469, after line 22, add the following:

     SEC. 15__. EQUAL OPPORTUNITY ASSESSMENT.

       (a) In General.--In accordance with this section, the 
     Secretary shall conduct an assessment, throughout the United 
     States, of the extent to which nondiscrimination and equal 
     opportunity exist in the construction and operation of 
     federally funded transportation projects, programs, and 
     activities.
       (b) Supporting Information.--In conducting the assessment 
     under subsection (a), the Secretary shall--
       (1) review all demographic data, discrimination complaints, 
     reports, and other relevant information collected or prepared 
     by a recipient of Federal financial assistance or the 
     Department pursuant to an applicable civil rights law 
     (including regulations); and
       (2) coordinate with the Secretary of Labor, as necessary, 
     to obtain information regarding equitable employment and 
     contracting opportunities.
       (c) Report.--Not later than 4 years after the date of 
     enactment of this Act, and every 4 years thereafter, the 
     Secretary shall submit to Congress and publish on the website 
     of the Department a report on the results of the assessment 
     under subsection (a), which shall include the following:
       (1) A specification of the impediments to nondiscrimination 
     and equal opportunity in federally funded transportation 
     projects, programs, and activities.
       (2) Recommendations for overcoming the impediments 
     specified under paragraph (1).
       (3) A summary of the information on which the assessment is 
     based.
       (d) Collection and Reporting Procedures.--
       (1) Public availability.--The Secretary shall ensure, to 
     the maximum extent practicable, that all information reviewed 
     or collected for the assessment under subsection (a) is made 
     available to the public through the prompt and ongoing 
     publication of the information, including a summary of the 
     information, on the website of the Department.
       (2) Regulations.--The Secretary shall promulgate 
     regulations for the collection and reporting of information 
     necessary to carry out this section.
       (e) Coordination.--In carrying out this section, the 
     Secretary shall coordinate with the Director of the Bureau of 
     Transportation Statistics, the Director of the Departmental 
     Office of Civil Rights, the Secretary of Labor, and the heads 
     of any other agencies that may contribute to the assessment 
     under subsection (a).
                                 ______
                                 
  SA 1543. Mr. FRANKEN (for himself and Mr. Blunt) submitted an 
amendment intended to be proposed by him to the bill S. 1813, to 
reauthorize Federal-aid highway and highway safety construction 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       In section 119 of title 23, United States Code (as amended 
     by section 1106), strike subsection (e)(1) and insert the 
     following:
       ``(P) Replacement (including replacement with fill 
     material), rehabilitation, preservation, and protection 
     (including scour countermeasures, seismic retrofits, impact 
     protection measures, security countermeasures, and protection 
     against extreme events) of bridges on Federal-aid highways 
     (other than on the National Highway System).
       ``(e) Limitation on New Capacity.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     maximum amount that a State may obligate under this section 
     for projects under subparagraphs (G) and (P) of subsection 
     (d)(2) and that is attributable to the portion of the cost of 
     any project undertaken to expand the capacity of eligible 
     facilities on the National Highway System, in a case in which 
     the new capacity consists of 1 or more new travel lanes that 
     are not high-occupancy vehicle lanes, shall not, in total, 
     exceed 40 percent of the combined apportionments of a State 
     under section 104(b)(1) for the most recent 3 consecutive 
     years.
                                 ______
                                 
  SA 1544. Mr. BENNET submitted an amendment intended to be proposed by 
him to the bill S. 1813, to reauthorize Federal-aid highway and highway 
safety construction programs, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. _____. EXTENSION OF WIND ENERGY CREDIT.

       Paragraph (1) of section 45(d) of the Internal Revenue Code 
     of 1986 is amended by striking ``January 1, 2013'' and 
     inserting ``January 1, 2014''.

     SEC. _____. COST OFFSET FOR EXTENSION OF WIND ENERGY CREDIT, 
                   AND DEFICIT REDUCTION, RESULTING FROM DELAY IN 
                   APPLICATION OF WORLDWIDE ALLOCATION OF 
                   INTEREST.

       (a) In General.--Paragraphs (5)(D) and (6) of section 
     864(f) of the Internal Revenue Code of 1986 are each amended 
     by striking ``December 31, 2020'' and inserting ``December 
     31, 2021''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act.
                                 ______
                                 
  SA 1545. Mr. BOOZMAN submitted an amendment intended to be proposed 
by him to the bill S. 1813, to reauthorize Federal-aid highway and 
highway safety construction programs, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 469, after line 22, add the following:

     SEC. 15___. PROTECTING AMERICANS FROM VIOLENT CRIME.

       The Secretary of the Army shall not promulgate or enforce 
     any regulation that prohibits an individual from possessing a 
     firearm, including an assembled or functional firearm, at a 
     water resources development project covered under section 
     327.0 of title 36, Code of Federal Regulations (as in effect 
     on the date of enactment of this Act), if--
       (1) the individual is not otherwise prohibited by law from 
     possessing the firearm; and
       (2) the possession of the firearm is in compliance with the 
     law of the State in which the water resources development 
     project is located.
                                 ______
                                 
  SA 1546. Mr. LEVIN (for himself, Mr. Lieberman, Mr. Portman, Mr. 
Brown of Ohio, Ms. Stabenow, Mrs. Gillibrand, Mr. Wicker, Mr. 
Blumenthal, Mr. Begich, Ms. Landrieu, Mr. Franken, Mr. Kirk, Mr. Coons, 
Mr. Vitter, and Mrs. Hutchison) submitted an amendment intended to be 
proposed

[[Page 1466]]

by him to the bill S. 1813, to reauthorize Federal-aid highway and 
highway safety construction programs, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page _, between lines _ and _, insert the following:

     SEC. ___. FUNDING FOR HARBOR MAINTENANCE PROGRAMS.

       (a) Harbor Maintenance Trust Fund Guarantee.--
       (1) In general.--The total budget resources made available 
     from the Harbor Maintenance Trust Fund each fiscal year 
     pursuant to section 9505(c) of the Internal Revenue Code of 
     1986 (relating to expenditures from the Harbor Maintenance 
     Trust Fund) shall be equal to the level of receipts plus 
     interest credited to the Harbor Maintenance Trust Fund for 
     that fiscal year. Such amounts may be used only for harbor 
     maintenance programs described in section 9505(c) of such 
     Code.
       (2) Guarantee.--No funds may be appropriated for harbor 
     maintenance programs described in such section unless the 
     amount described in paragraph (1) has been provided.
       (b) Definitions.--In this section, the following 
     definitions apply:
       (1) Total budget resources.--The term ``total budget 
     resources'' means the total amount made available by 
     appropriations Acts from the Harbor Maintenance Trust Fund 
     for a fiscal year for making expenditures under section 
     9505(c) of the Internal Revenue Code of 1986.
       (2) Level of receipts plus interest.--The term ``level of 
     receipts plus interest'' means the level of taxes and 
     interest credited to the Harbor Maintenance Trust Fund under 
     section 9505 of the Internal Revenue Code of 1986 for a 
     fiscal year as set forth in the President's budget baseline 
     projection as defined in section 257 of the Balanced Budget 
     and Emergency Deficit Control Act of 1985 (Public Law 99-177; 
     99 Stat. 1092) for that fiscal year submitted pursuant to 
     section 1105 of title 31, United States Code.
       (c) Enforcement of Guarantees.--It shall not be in order in 
     the House of Representatives or the Senate to consider any 
     bill, joint resolution, amendment, motion, or conference 
     report that would cause total budget resources in a fiscal 
     year for harbor maintenance programs described in subsection 
     (b)(1) for such fiscal year to be less than the amount 
     required by subsection (a)(1) for such fiscal year.
                                 ______
                                 
  SA 1547. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill S. 1813, to reauthorize Federal-aid highway and highway 
safety construction programs, and for other purposes; which was ordered 
to lie on the table; as follows:

       On page 424, between lines 2 and 3, insert the following:

     SEC. 1406. SCHOOL ZONE TRAFFIC SAFETY IMPROVEMENTS.

       Section 402(b)(3) of title 23, United States Code, is 
     amended--
       (1) by striking ``The Secretary'' and inserting the 
     following:
       ``(A) In general.--Subject to subparagraph (B), the 
     Secretary''; and
       (2) by adding at the end the following:
       ``(B) School zone safety.--
       ``(i) In general.--Subject to clause (ii), not later than 1 
     year after the date of enactment of the MAP-21, the Secretary 
     shall require States to submit as part of the highway safety 
     plan of the State, a plan, which shall be updated every 5 
     years, for law enforcement officers to use technologically 
     advanced traffic enforcement devices (including automatic 
     speed detection devices such as photo-radar) to improve 
     safety in school zones.
       ``(ii) Exemption.--Clause (i) shall not apply to States 
     that, by State law enacted before or after the date of 
     enactment of the MAP-21, prohibit the use of automatic speed 
     detection devices.''.
                                 ______
                                 
  SA 1548. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill S. 1813, to reauthorize Federal-aid highway and highway 
safety construction programs, and for other purposes; which was ordered 
to lie on the table; as follows:

       On page 469, after line 22, add the following:

     SEC. 15___. REPORTING.

       Section 152 of title 23, United States Code, is amended by 
     striking subsection (g) and inserting the following:
       ``(g) Reporting.--
       ``(1) State reports on safety improvements.--Not later than 
     December 31 of each year, each State shall submit to the 
     Secretary a report that describes progress made during the 
     year covered by the report in--
       ``(A) implementing safety improvement projects for hazard 
     elimination, including--
       ``(i) an assessment of the effectiveness of those 
     improvements;
       ``(ii) an assessment of the cost of, and safety benefits 
     derived from, the various means and methods used to mitigate 
     or eliminate hazards; and
       ``(iii) a description of the accident experience at 
     improved locations before and after completion of the 
     projects; and
       ``(B) mitigating stormwater runoff from Federal-aid 
     highways not covered by a municipal separate storm sewer 
     system permit under section 402 of the Federal Water 
     Pollution Control Act (33 U.S.C. 1342), including an 
     assessment by the State of--
       ``(i) the contribution of stormwater runoff from Federal-
     aid highways to State water impairment;
       ``(ii) constituent contaminates contained in that runoff;
       ``(iii) the impact of that runoff on water treatment 
     facilities;
       ``(iv) the effectiveness (including descriptions) of 
     control measures in mitigating that runoff; and
       ``(v) the cost of constructing and maintaining highway 
     stormwater control measures on Federal-aid highways.
       ``(2) Report of the secretary on implementation of 
     projects.--Not later than April 1 of each year, the Secretary 
     shall submit to the Committee on Environment and Public Works 
     of the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives a report that 
     describes, for the year covered by the report, the progress 
     being made by the States in implementing the hazard 
     elimination program, including, at a minimum--
       ``(A) a description of progress being made on projects for 
     pavement marking;
       ``(B) the number of projects undertaken;
       ``(C) an explanation of the distribution of the projects 
     by--
       ``(i) cost range;
       ``(ii) road system;
       ``(iii) means and methods used; and
       ``(iv) the accident experience at improved locations before 
     and after completion of the improvements;
       ``(D) an analysis and evaluation of each State program;
       ``(E) identification of each State determined not to be in 
     compliance with the schedule of improvements required by 
     subsection (a); and
       ``(F) any recommendations of the Secretary for future 
     implementation of the hazard elimination program.''.
                                 ______
                                 
  SA 1549. Mr. CARDIN (for himself and Mr. Cochran) submitted an 
amendment intended to be proposed by him to the bill S. 1813, to 
reauthorize Federal-aid highway and highway safety construction 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 161, between lines 10 and 11, insert the following:
       ``(3) Distribution of funds.--
       ``(A) Suballocation to tier i metropolitan planning 
     organizations.--
       ``(i) In general.--If a State has 1 or more Tier I 
     metropolitan planning organizations, of the funds reserved 
     under paragraph (1) (minus the deductions required under 
     subparagraph (C)), the State shall allocate to each Tier 1 
     metropolitan planning organization an amount that is equal to 
     the proportion that--

       ``(I) the population living in the metropolitan planning 
     areas served by the Tier I metropolitan planning 
     organization; bears to
       ``(II) the total population of the State.

       ``(ii) Use.--Amounts allocated under clause (i) shall be 
     used for projects to be carried out within the boundaries of 
     the applicable metropolitan planning areas served by the Tier 
     I metropolitan planning organization.
       ``(B) Local access to funds.--
       ``(i) Definition of eligible entity.--In this subparagraph, 
     the term `eligible entity' means--

       ``(I) a local government;
       ``(II) a regional transportation authority;
       ``(III) a transit agency;
       ``(IV) a natural resource or public land agency;
       ``(V) a school district, local education agency, or school; 
     and
       ``(VI) any other local or regional governmental entity with 
     responsibility for or oversight of transportation or 
     recreational trails (other than a Tier 1 metropolitan 
     planning organization or a State agency) that the State 
     determines to be eligible, consistent with the goals of this 
     subsection.

       ``(ii) Awards.--

       ``(I) In general.--Of the funds reserved under paragraph 
     (1) not subject to subparagraph (A), a State shall provide 
     annually to eligible entities, on a competitive basis, awards 
     to carry out this subsection.
       ``(II) Application.--To receive a grant under this 
     subparagraph, an eligible entity shall submit to the State an 
     application at such time, in such form, and in such manner as 
     the State determines to be necessary.
       ``(III) State recapture of funding.--If all eligible 
     applications are not sufficient to use all funding allocated 
     under this subparagraph, the State may use the remaining 
     funds for State projects and priorities eligible under this 
     subsection.

       ``(iii) Conditions.--As a condition of receiving funds 
     under the MAP-21, a State--

       ``(I) shall establish reasonable timelines for the review 
     of applications received under clause (ii) and notification 
     to applicants of the acceptance or denial of the 
     applications; and

[[Page 1467]]

       ``(II) shall not withhold a grant from an eligible entity 
     that has submitted an application under clause (ii) if--

       ``(aa) funds remain available to be obligated under this 
     subsection; and
       ``(bb) the project for which the application is submitted 
     is an eligible project under this subsection.
       ``(iv) Petition.--An eligible entity may submit to the 
     Secretary a petition for assistance if the eligible entity 
     determines that the State has an established pattern of not 
     making funds available to eligible entities in accordance 
     with this subparagraph.
       ``(C) Administrative priorities.--Of the funds reserved 
     under paragraph (1) for each year, a State may use not more 
     than 10 percent for administration and State priorities in 
     accordance with this subsection.
       On page 161, line 11, strike ``(3)'' and insert ``(4)''.
       On page 162, line 1, strike ``(4)'' and ``insert (5)''.
       On page 162, line 10, strike ``(5)'' and insert ``(6)''.
                                 ______
                                 
  SA 1550. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill S. 1813, to reauthorize Federal-aid highway and highway 
safety construction programs, and for other purposes; which was ordered 
to lie on the table; as follows:

       On page 469, after line 24, add the following:

     SEC. 15__. DEFENSE ACCESS ROAD PROGRAM ENHANCEMENTS TO 
                   ADDRESS TRANSPORTATION INFRASTRUCTURE IN THE 
                   VICINITY OF MILITARY INSTALLATIONS.

       The second sentence of section 210(a)(2) of title 23, 
     United States Code, is amended by inserting ``, in 
     consultation with the Secretary of Transportation,'' before 
     ``shall determine''.
                                 ______
                                 
  SA 1551. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill S. 1813, to reauthorize Federal-aid highway and highway 
safety construction programs, and for other purposes; which was ordered 
to lie on the table; as follows:

       On page 248, line 15, strike ``or''.
       On page 248, between lines 19 and 20, insert the following:
       (iii) for a transportation-related purpose that is 
     associated with a military installation involved in the base 
     closure and realignment process described in section 2687 of 
     title 10, United States Code;
       On page 248, line 21, insert ``other than a project 
     described in subparagraph (A)(iii),'' before ``has 
     eligible''.
       On page 253, between lines 11 and 12, insert the following:
       (3) BRAC-related projects.--Notwithstanding any other 
     provision of this section, the Secretary shall use not less 
     than 10 percent of amounts made available to carry out this 
     section for each fiscal year to provide grants for projects 
     described in subsection (c)(2)(A)(iii).
                                 ______
                                 
  SA 1552. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill S. 1813, to reauthorize Federal-aid highway and highway 
safety construction programs, and for other purposes; which was ordered 
to lie on the table; as follows:

       On page 469, after line 22, add the following:

     SEC. ____. FEDERAL-AID HIGHWAY RUNOFF POLLUTION MANAGEMENT 
                   PILOT PROGRAM.

       (a) In General.--Chapter 3 of title 23, United States Code 
     (as amended by section 1511) is amended by adding at the end 
     the following:

     ``Sec. 331. Federal-aid highway runoff pollution management 
       pilot program

       ``(a) Establishment.--
       ``(1) In general.--In cooperation with selected State and 
     regional governments, the Secretary shall establish a pilot 
     program to develop programs designed to prevent, control, and 
     treat polluted stormwater runoff discharges from federally 
     funded highways and roads.
       ``(2) Purpose.--The Secretary, in consultation with the 
     Administrator of the Environmental Protection Agency 
     (referred to in this section as the `Administrator'), shall 
     select 3 States or regions to develop cost-effective programs 
     to control and reduce the discharge of polluted highway 
     stormwater runoff into adjacent and receiving waters 
     proximate to highway facilities in accordance with subsection 
     (b).
       ``(b) Highway Stormwater Control Pilot Programs.--
       ``(1) In general.--Each State and region participating in 
     the pilot program developed under this section shall, in 
     coordination with the Secretary, develop a program of control 
     measures for the operating condition of a covered project to 
     maintain or restore, to the maximum extent technically 
     feasible, water quality as required under the Federal Water 
     Pollution Control Act (33 U.S.C. 1251 et seq.) with respect 
     to the temperature, rate, chemical composition, volume, and 
     duration of flow for water within the same 8-digit 
     hydrological unit code as the covered project.
       ``(2) Covered projects in impaired watersheds.--Any covered 
     project carried out within a watershed that contains an 
     impaired water listed under section 303(d) of the Federal 
     Water Pollution Control Act (33 U.S.C. 1313(d)) shall be in 
     accordance with the load or wasteload allocation requirements 
     established by the applicable State or the Administrator.
       ``(c) Report to Congress.--Not later than 3 years after the 
     date of enactment of the MAP-21, the Secretary shall submit 
     to the Committee on Environment and Public Works of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives a report that describes--
       ``(1) the highway runoff pollution reductions achieved for 
     each covered project;
       ``(2) the costs to the participating State and regional 
     departments of transportation associated with carrying out 
     the pilot program;
       ``(3) the impact of the pilot program on--
       ``(A) the operation and maintenance costs for water 
     infrastructure and water treatment of the applicable State 
     and regional clean water and drinking authority; and
       ``(B) the ability of the applicable State and regional 
     clean water and drinking authority to meet permit 
     requirements; and
       ``(4) the water quality improvements attributable to the 
     pilot program.
       ``(d) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section such 
     sums as are necessary.''.
       (b) Technical Amendment.--The analysis for chapter 3 of 
     title 23, United States Code (as amended by section 1511) is 
     amended by adding at the end the following:
``331. Federal-aid highway runoff pollution management pilot 
              program.''.
                                 ______
                                 
  SA 1553. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill S. 1813, to reauthorize Federal-aid highway and highway 
safety construction programs, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the end of subtitle A of title I, add the following:

     SEC. 11__. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM.

       (a) Eligibility of Access Roads.--Section 133(c)(1) of 
     title 23, United States Code (as amended by section 1108), is 
     further amended by inserting ``and local access roads under 
     section 14501 of title 40, United States Code'' after 
     ``system''.
       (b) Location of Projects.--Section 133(e) of title 23, 
     United States Code (as amended by section 1108), is further 
     amended by inserting ``for local access roads under section 
     14501 of title 40, United States Code,'' after ``subsection 
     (c),''.
                                 ______
                                 
  SA 1554. Mr. TOOMEY submitted an amendment intended to be proposed by 
him to the bill S. 1813, to reauthorize Federal-aid highway and highway 
safety construction programs, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the end, add the following:

     SEC. 5001. SHORT TITLE.

       This title may be cited as the ``Small Company Capital 
     Formation Act of 2012''.

     SEC. 5002. AUTHORITY TO EXEMPT CERTAIN SECURITIES.

       (a) In General.--Section 3(b) of the Securities Act of 1933 
     (15 U.S.C. 77c(b)) is amended--
       (1) by striking ``(b) The Commission'' and inserting the 
     following:
       ``(b) Additional Exemptions.--
       ``(1) Small issues exemptive authority.--The Commission''; 
     and
       (2) by adding at the end the following:
       ``(2) Additional issues.--The Commission shall by rule or 
     regulation add a class of securities to the securities 
     exempted pursuant to this section in accordance with the 
     following terms and conditions:
       ``(A) The aggregate offering amount of all securities 
     offered and sold within the prior 12-month period in reliance 
     on the exemption added in accordance with this paragraph 
     shall not exceed $50,000,000.
       ``(B) The securities may be offered and sold publicly.
       ``(C) The securities shall not be restricted securities 
     within the meaning of the Federal securities laws and the 
     regulations promulgated thereunder.
       ``(D) The civil liability provision in section 12(a)(2) 
     shall apply to any person offering or selling such 
     securities.
       ``(E) The issuer may solicit interest in the offering prior 
     to filing any offering statement, on such terms and 
     conditions as the Commission may prescribe in the public 
     interest or for the protection of investors.
       ``(F) The Commission shall require the issuer to file 
     audited financial statements with the Commission annually.
       ``(G) Such other terms, conditions, or requirements as the 
     Commission may determine necessary in the public interest and 
     for the protection of investors, which may include--
       ``(i) a requirement that the issuer prepare and 
     electronically file with the Commission

[[Page 1468]]

     and distribute to prospective investors an offering 
     statement, and any related documents, in such form and with 
     such content as prescribed by the Commission, including 
     audited financial statements and a description of the 
     issuer's business operations, its financial condition, its 
     corporate governance principles, its use of investor funds, 
     and other appropriate matters; and
       ``(ii) disqualification provisions under which the 
     exemption shall not be available to the issuer or its 
     predecessors, affiliates, officers, directors, underwriters, 
     or other related persons, which shall be substantially 
     similar to the disqualification provisions contained in the 
     regulations adopted in accordance with section 926 of the 
     Dodd-Frank Wall Street Reform and Consumer Protection Act (15 
     U.S.C. 77d note).
       ``(3) Limitation.--Only the following types of securities 
     may be exempted under a rule or regulation adopted pursuant 
     to paragraph (2): equity securities, debt securities, and 
     debt securities convertible or exchangeable to equity 
     interests, including any guarantees of such securities.
       ``(4) Periodic disclosures.--Upon such terms and conditions 
     as the Commission determines necessary in the public interest 
     and for the protection of investors, the Commission by rule 
     or regulation may require an issuer of a class of securities 
     exempted under paragraph (2) to make available to investors 
     and file with the Commission periodic disclosures regarding 
     the issuer, its business operations, its financial condition, 
     its corporate governance principles, its use of investor 
     funds, and other appropriate matters, and also may provide 
     for the suspension and termination of such a requirement with 
     respect to that issuer.
       ``(5) Adjustment.--Not later than 2 years after the date of 
     enactment of the Small Company Capital Formation Act of 2011 
     and every 2 years thereafter, the Commission shall review the 
     offering amount limitation described in paragraph (2)(A) and 
     shall increase such amount as the Commission determines 
     appropriate. If the Commission determines not to increase 
     such amount, it shall report to the Committee on Financial 
     Services of the House of Representatives and the Committee on 
     Banking, Housing, and Urban Affairs of the Senate on its 
     reasons for not increasing the amount.''.
       (b) Treatment as Covered Securities for Purposes of 
     NSMIA.--Section 18(b)(4) of the Securities Act of 1933 (15 
     U.S.C. 77r(b)(4)) is amended--
       (1) in subparagraph (C), by striking ``; or'' at the end 
     and inserting a semicolon; and
       (2) by redesignating subparagraph (D) as subparagraph (E), 
     and inserting after subparagraph (C) the following:
       ``(D) a rule or regulation adopted pursuant to section 
     3(b)(2) and such security is--
       ``(i) offered or sold on a national securities exchange; or
       ``(ii) offered or sold to a qualified purchaser as defined 
     by the Commission pursuant to paragraph (3) with respect to 
     that purchase or sale.''.
       (c) Conforming Amendment.--Section 4(5) of the Securities 
     Act of 1933 (15 U.S.C. 77d(5)) is amended by striking 
     ``section 3(b)'' and inserting ``section 3(b)(1)''.

     SEC. 5003. STUDY ON THE IMPACT OF STATE BLUE SKY LAWS ON 
                   REGULATION A OFFERINGS.

       Not later than 3 months after the date of enactment of this 
     Act, the Comptroller General shall--
       (1) conduct a study on the impact of State laws regulating 
     securities offerings (commonly referred to as ``Blue Sky 
     laws'') on offerings made under Regulation A (17 C.F.R. 
     230.251 et seq.); and
       (2) transmit a report on the findings of the study to the 
     Committee on Financial Services of the House of 
     Representatives and the Committee on Banking, Housing, and 
     Urban Affairs of the Senate.
                                 ______
                                 
  SA 1555. Mr. TOOMEY (for himself, Mrs. McCaskill, Mr. DeMint, Mr. 
Rubio, Mr. Paul, Mr. Portman, and Ms. Ayotte) submitted an amendment 
intended to be proposed by him to the bill S. 1813, to reauthorize 
Federal-aid highway and highway safety construction programs, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. EARMARK ELIMINATION ACT OF 2012.

       (a) Short Title.--This Act may be cited as the ``Earmark 
     Elimination Act of 2011''.
       (b) Prohibition on Earmarks.--
       (1) Bills and joint resolutions, amendments, amendments 
     between the houses, and conference reports.--
       (A) In general.--It shall not be in order in the Senate to 
     consider a bill or resolution introduced in the Senate or the 
     House of Representatives, amendment, amendment between the 
     Houses, or conference report that includes an earmark.
       (B) Procedure.--Upon a point of order being made by any 
     Senator pursuant to subparagraph (A) against an earmark, and 
     such point of order being sustained, such earmark shall be 
     deemed stricken.
       (2) Conference report and amendment between the houses 
     procedure.--When the Senate is considering a conference 
     report on, or an amendment between the Houses, upon a point 
     of order being made by any Senator pursuant to paragraph (1), 
     and such point of order being sustained, such material 
     contained in such conference report shall be deemed stricken, 
     and the Senate shall proceed to consider the question of 
     whether the Senate shall recede from its amendment and concur 
     with a further amendment, or concur in the House amendment 
     with a further amendment, as the case may be, which further 
     amendment shall consist of only that portion of the 
     conference report or House amendment, as the case may be, not 
     so stricken. Any such motion in the Senate shall be debatable 
     under the same conditions as was the conference report. In 
     any case in which such point of order is sustained against a 
     conference report (or Senate amendment derived from such 
     conference report by operation of this subsection), no 
     further amendment shall be in order.
       (3) Waiver.--Any Senator may move to waive any or all 
     points of order under this section by an affirmative vote of 
     two-thirds of the Members, duly chosen and sworn.
       (4) Definitions.--
       (A) Earmark.--For the purpose of this section, the term 
     ``earmark'' means a provision or report language included 
     primarily at the request of a Senator or Member of the House 
     of Representatives as certified under paragraph 1(a)(1) of 
     rule XLIV of the Standing Rules of the Senate--
       (i) providing, authorizing, or recommending a specific 
     amount of discretionary budget authority, credit authority, 
     or other spending authority for a contract, loan, loan 
     guarantee, grant, loan authority, or other expenditure with 
     or to an entity, or targeted to a specific State, locality or 
     Congressional district, other than through a statutory or 
     administrative formula-driven or competitive award process;
       (ii) that--

       (I) provides a Federal tax deduction, credit, exclusion, or 
     preference to a particular beneficiary or limited group of 
     beneficiaries under the Internal Revenue Code of 1986; and
       (II) contains eligibility criteria that are not uniform in 
     application with respect to potential beneficiaries of such 
     provision; or

       (iii) modifying the Harmonized Tariff Schedule of the 
     United States in a manner that benefits 10 or fewer entities.
       (B) Determination by the senate.--In the event the Chair is 
     unable to ascertain whether or not the offending provision 
     constitutes an earmark as defined in this subsection, the 
     question of whether the provision constitutes an earmark 
     shall be submitted to the Senate and be decided without 
     debate by an affirmative vote of two-thirds of the Members, 
     duly chosen and sworn.
       (5) Application.--This section shall not apply to any 
     authorization of appropriations to a Federal entity if such 
     authorization is not specifically targeted to a State, 
     locality or congressional district.
                                 ______
                                 
  SA 1556. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 1813, to reauthorize Federal-aid highway and highway 
safety construction programs, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. EMERGENCY EXEMPTIONS.

       With respect to any road, highway, or bridge that is closed 
     or is operating at reduced capacity because of safety 
     reasons--
       (1) the road, highway, or bridge may be reconstructed in 
     the same general location as before the disaster; and
       (2) such reconstruction shall be exempt from any 
     environmental reviews, approvals, licensing, and permit 
     requirements.
                                 ______
                                 
  SA 1557. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 1813, to reauthorize Federal-aid highway and highway 
safety construction programs, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. EXEMPTIONS FOR PROJECTS CARRIED OUT WITH NON-
                   FEDERAL FUNDS.

       A road, highway, or bridge project carried out only using 
     State or other non-Federal funds shall be exempt from any 
     environmental reviews, approvals, licensing, and permit 
     requirements.
                                 ______
                                 
  SA 1558. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 1813, to reauthorize Federal-aid highway and highway 
safety construction programs, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. EXEMPTION FROM REVIEW REQUIREMENTS.

       Any request for an approval, such as a request for approval 
     of a permit or license, relating to a transportation project 
     under any

[[Page 1469]]

      Federal law (including a regulation) that is not approved or 
     denied by the date that is 180 days after the date on which 
     the request for the approval is submitted to the Secretary or 
     other appropriate Federal official shall be considered to be 
     approved.
                                 ______
                                 
  SA 1559. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 1813, to reauthorize Federal-aid highway and highway 
safety construction programs, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. ENVIRONMENTAL IMPACT STATEMENTS.

       Title I of the National Environmental Policy Act of 1969 
     (42 U.S.C. 4331 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 106. COMPLETION AND REVIEW OF ENVIRONMENTAL IMPACT 
                   STATEMENTS.

       ``(a) Completion.--
       ``(1) In general.--Each review carried out under section 
     102(2)(C) shall be completed not later than the date that is 
     180 days after the date of commencement of the review.
       ``(2) Failure to complete review.--If a review described in 
     paragraph (1) has not been completed for an action subject to 
     section 102(2)(C) by the date specified in paragraph (1)--
       ``(A) the action shall be considered to have no significant 
     impact described in section 102(2)(C); and
       ``(B) that classification shall be considered to be a final 
     agency action.
       ``(3) Unemployment rate.--If the national unemployment rate 
     is 5 percent or more, the lead agency conducting a review of 
     an action under this section shall use the most expeditious 
     means authorized under this title to conduct the review.
       ``(b) Lead Agency.--The lead agency for a review of an 
     action under this section shall be the Federal agency to 
     which funds are made available for the action.
       ``(c) Review.--
       ``(1) Administrative appeals.--There shall be a single 
     administrative appeal for each review carried out pursuant to 
     section 102(2)(C).
       ``(2) Judicial review.--
       ``(A) In general.--On resolution of the administrative 
     appeal, judicial review of the final agency decision after 
     exhaustion of administrative remedies shall lie with the 
     United States Court of Appeals for the District of Columbia 
     Circuit.
       ``(B) Administrative record.--An appeal to the court 
     described in subparagraph (A) shall be based only on the 
     administrative record.
       ``(C) Pendency of judicial review.--After an agency has 
     made a final decision with respect to a review carried out 
     under this subsection, the decision shall be effective during 
     the course of any subsequent appeal to a court described in 
     subparagraph (A).
       ``(3) Civil action.--Each civil action covered by this 
     section shall be considered to arise under the laws of the 
     United States.''.
                                 ______
                                 
  SA 1560. Mr. CASEY submitted an amendment intended to be proposed by 
him to the bill S. 1813, to reauthorize Federal-aid highway and highway 
safety construction programs, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. HIGH-SPEED RAIL EQUIPMENT.

       The Secretary of Transportation shall not preclude the use 
     of Federal funds made available to purchase rolling stock to 
     purchase any equipment used for ``high-speed rail'' (as 
     defined in section 26106(b)(4) of title 49, United States 
     Code).
                                 ______
                                 
  SA 1561. Mr. COONS submitted an amendment intended to be proposed by 
him to the bill S. 1813, to reauthorize Federal-aid highway and highway 
safety construction programs, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. EXTENSION OF TEMPORARY OFFICE OF BANKRUPTCY JUDGES 
                   IN CERTAIN JUDICIAL DISTRICTS.

       (a) Temporary Office of Bankruptcy Judges Authorized by 
     Public Law 109-8.--
       (1) Extensions.--The temporary office of bankruptcy judges 
     authorized for the following districts by section 1223(b) of 
     Public Law 109-8 (28 U.S.C. 152 note) are extended until the 
     applicable vacancy specified in paragraph (2) in the office 
     of a bankruptcy judge for the respective district occurs:
       (A) The central district of California.
       (B) The eastern district of California.
       (C) The district of Delaware.
       (D) The southern district of Florida.
       (E) The southern district of Georgia.
       (F) The district of Maryland.
       (G) The eastern district of Michigan.
       (H) The district of New Jersey.
       (I) The northern district of New York.
       (J) The southern district of New York.
       (K) The eastern district of North Carolina.
       (L) The eastern district of Pennsylvania.
       (M) The middle district of Pennsylvania.
       (N) The district of Puerto Rico.
       (O) The district of South Carolina.
       (P) The western district of Tennessee.
       (Q) The eastern district of Virginia.
       (R) The district of Nevada.
       (2) Vacancies.--
       (A) Single vacancies.--Except as provided in subparagraphs 
     (B), (C), (D), and (E), the 1st vacancy in the office of a 
     bankruptcy judge for each district specified in paragraph 
     (1)--
       (i) occurring more than 5 years after the date of the 
     enactment of this Act, and
       (ii) resulting from the death, retirement, resignation, or 
     removal of a bankruptcy judge,
     shall not be filled.
       (B) Central district of california.--The 1st, 2d, and 3d 
     vacancies in the office of bankruptcy judge for the central 
     district of California--
       (i) occurring 5 years or more after the date of the 
     enactment of this Act, and
       (ii) resulting from the death, retirement, resignation, or 
     removal of a bankruptcy judge,
     shall not be filled.
       (C) District of delaware.--The 1st, 2d, 3d, and 4th 
     vacancies in the office of a bankruptcy judge for the 
     district of Delaware--
       (i) occurring more than 5 years after the date of the 
     enactment of this Act, and
       (ii) resulting from the death, retirement, resignation, or 
     removal of a bankruptcy judge,
     shall not be filled.
       (D) Southern district of florida.--The 1st and 2d vacancies 
     in the office of a bankruptcy judge for the southern district 
     of Florida--
       (i) occurring more than 5 years after the date of the 
     enactment of this Act, and
       (ii) resulting from the death, retirement, resignation, or 
     removal of a bankruptcy judge,
     shall not be filled.
       (E) District of maryland.--The 1st, 2d, and 3d vacancies in 
     the office of a bankruptcy judge for the district of 
     Maryland--
       (i) occurring more than 5 years after the date of the 
     enactment of this Act, and
       (ii) resulting from the death, retirement, resignation, or 
     removal of a bankruptcy judge,
     shall not be filled.
       (3) Applicability of other provisions.--Except as provided 
     in paragraphs (1) and (2), all other provisions of section 
     1223(b) of Public Law 109-8 (28 U.S.C. 152 note) remain 
     applicable to the temporary office of bankruptcy judges 
     referred to in paragraph (1).
       (b) Temporary Office of Bankruptcy Judges Extended by 
     Public Law 109-8.--
       (1) Extensions.--The temporary office of bankruptcy judges 
     authorized by section 3 of the Bankruptcy Judgeship Act of 
     1992 (28 U.S.C. 152 note) and extended by section 1223(c) of 
     Public Law 109-8 (28 U.S.C. 152 note) for the district of 
     Delaware, the district of Puerto Rico, and the eastern 
     district of Tennessee are extended until the applicable 
     vacancy specified in paragraph (2) in the office of a 
     bankruptcy judge for the respective district occurs.
       (2) Vacancies.--
       (A) District of delaware.--The 5th vacancy in the office of 
     a bankruptcy judge for the district of Delaware--
       (i) occurring more than 5 years after the date of the 
     enactment of this Act, and
       (ii) resulting from the death, retirement, resignation, or 
     removal of a bankruptcy judge,
     shall not be filled.
       (B) District of puerto rico.--The 2d vacancy in the office 
     of a bankruptcy judge for the district of Puerto Rico--
       (i) occurring more than 5 years after the date of the 
     enactment of this Act, and
       (ii) resulting from the death, retirement, resignation, or 
     removal of a bankruptcy judge,
     shall not be filled.
       (C) Eastern district of tennessee.--The 1st vacancy in the 
     office of a bankruptcy judge for the eastern district of 
     Tennessee--
       (i) occurring more than 5 years after the date of the 
     enactment of this Act, and
       (ii) resulting from the death, retirement, resignation, or 
     removal of a bankruptcy judge,
     shall not be filled.
       (3) Applicability of other provisions.--Except as provided 
     in paragraphs (1) and (2), all other provisions of section 3 
     of the Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note) 
     and section 1223(c) of Public Law 109-8 (28 U.S.C. 152 note) 
     remain applicable to the temporary office of bankruptcy 
     judges referred to in paragraph (1).
       (c) Temporary Office of the Bankruptcy Judge Authorized by 
     Public Law 102-361 for the Middle District of North 
     Carolina.--
       (1) Extension.--The temporary office of the bankruptcy 
     judge authorized by section 3 of the Bankruptcy Judgeship Act 
     of 1992 (28 U.S.C. 152 note) for the middle district of North 
     Carolina is extended until the vacancy specified in paragraph 
     (2) occurs.
       (2) Vacancy.--The 1st vacancy in the office of a bankruptcy 
     judge for the middle district of North Carolina--
       (A) occurring more than 5 years after the date of the 
     enactment of this Act, and

[[Page 1470]]

       (B) resulting from the death, retirement, resignation, or 
     removal of a bankruptcy judge,
     shall not be filled.
       (3) Applicability of other provisions.--Except as provided 
     in paragraphs (1) and (2), all other provisions of section 3 
     of the Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note) 
     remain applicable to the temporary office of the bankruptcy 
     judge referred to in paragraph (1).
       (d) Temporary Judgeship Paygo Offset.--
       (1) Bankruptcy filing fees.--Section 1930(a)(3) of title 
     28, United States Code, is amended by striking ``$1,000'' and 
     inserting ``$1,042''.
       (2) Expenditure limitation.--Incremental amounts collected 
     by reason of the enactment of paragraph (1) shall be 
     deposited in a special fund in the United States Treasury, to 
     be established after the date of enactment of this Act. Such 
     amounts shall be available for the purposes specified in 
     section 1931(a) of title 28, United States Code, but only to 
     the extent specifically appropriated by an Act of Congress 
     enacted after the date of enactment of this Act.
       (3) Effective date.--This subsection shall take effect 180 
     days after the date of enactment of this Act.
                                 ______
                                 
  SA 1562. Mr. LIEBERMAN (for himself and Ms. Collins) submitted an 
amendment intended to be proposed by him to the bill S. 1813, to 
reauthorize Federal-aid highway and highway safety construction 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

                 TITLE __--FIRE GRANTS REAUTHORIZATION

     SEC. ___1. SHORT TITLE.

       This title may be cited as the ``Fire Grants 
     Reauthorization Act of 2012''.

     SEC. ___2. AMENDMENTS TO DEFINITIONS.

       (a) In General.--Section 4 of the Federal Fire Prevention 
     and Control Act of 1974 (15 U.S.C. 2203) is amended--
       (1) in paragraph (3), by inserting ``, except as otherwise 
     provided,'' after ``means'';
       (2) in paragraph (4), by striking ```Director' means'' and 
     all that follows through ``Agency;'' and inserting 
     ```Administrator of FEMA' means the Administrator of the 
     Federal Emergency Management Agency;'';
       (3) in paragraph (5)--
       (A) by inserting ``Indian tribe,'' after ``county,''; and
       (B) by striking ``and `firecontrol''' and inserting ``and 
     `fire control''';
       (4) by redesignating paragraphs (6) through (9) as 
     paragraphs (7) through (10), respectively;
       (5) by inserting after paragraph (5), the following:
       ``(6) `Indian tribe' has the meaning given that term in 
     section 4 of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 450b) and `tribal' means of or 
     pertaining to an Indian tribe;'';
       (6) by redesignating paragraphs (9) and (10), as 
     redesignated by paragraph (4), as paragraphs (10) and (11);
       (7) by inserting after paragraph (8), as redesignated by 
     paragraph (4), the following:
       ``(9) `Secretary' means, except as otherwise provided, the 
     Secretary of Homeland Security;''; and
       (8) by amending paragraph (10), as redesignated by 
     paragraph (6), to read as follows:
       ``(10) `State' has the meaning given the term in section 2 
     of the Homeland Security Act of 2002 (6 U.S.C. 101).''.
       (b) Conforming Amendments.--
       (1) Administrator of fema.--The Federal Fire Prevention and 
     Control Act of 1974 (15 U.S.C. 2201 et seq.) is amended by 
     striking ``Director'' each place it appears and inserting 
     ``Administrator of FEMA''.
       (2) Administrator of fema's award.--Section 15 of such Act 
     (15 U.S.C. 2214) is amended by striking ``Director's Award'' 
     each place it appears and inserting ``Administrator's 
     Award''.

     SEC. ___3. ASSISTANCE TO FIREFIGHTER GRANTS.

       Section 33 of the Federal Fire Prevention and Control Act 
     of 1974 (15 U.S.C. 2229) is amended to read as follows:

     ``SEC. 33. FIREFIGHTER ASSISTANCE.

       ``(a) Definitions.--In this section:
       ``(1) Available grant funds.--The term `available grant 
     funds', with respect to a fiscal year, means those funds 
     appropriated pursuant to the authorization of appropriations 
     in subsection (p)(1) for such fiscal year less any funds used 
     for administrative costs pursuant to subsection (p)(2) in 
     such fiscal year.
       ``(2) Career fire department.--The term `career fire 
     department' means a fire department that has an all-paid 
     force of firefighting personnel other than paid-on-call 
     firefighters.
       ``(3) Combination fire department.--The term `combination 
     fire department' means a fire department that has--
       ``(A) paid firefighting personnel; and
       ``(B) volunteer firefighting personnel.
       ``(4) Firefighting personnel.--The term `firefighting 
     personnel' means individuals, including volunteers, who are 
     firefighters, officers of fire departments, or emergency 
     medical service personnel of fire departments.
       ``(5) Nonaffiliated ems organization.--The term 
     `nonaffiliated EMS organization' means a public or private 
     nonprofit emergency medical services organization that is not 
     affiliated with a hospital and does not serve a geographic 
     area in which the Administrator of FEMA finds that emergency 
     medical services are adequately provided by a fire 
     department.
       ``(6) Paid-on-call.--The term `paid-on-call' with respect 
     to firefighting personnel means firefighting personnel who 
     are paid a stipend for each event to which they respond.
       ``(7) Volunteer fire department.--The term `volunteer fire 
     department' means a fire department that has an all-volunteer 
     force of firefighting personnel.
       ``(b) Assistance Program.--
       ``(1) Authority.--In accordance with this section, the 
     Administrator of FEMA may, in consultation with the 
     Administrator of the United States Fire Administration, 
     award--
       ``(A) assistance to firefighters grants under subsection 
     (c); and
       ``(B) fire prevention and safety grants and other 
     assistance under subsection (d).
       ``(2) Administrative assistance.--The Administrator of FEMA 
     shall--
       ``(A) establish specific criteria for the selection of 
     grant recipients under this section; and
       ``(B) provide assistance with application preparation to 
     applicants for such grants.
       ``(c) Assistance to Firefighters Grants.--
       ``(1) In general.--The Administrator of FEMA may, in 
     consultation with the chief executives of the States in which 
     the recipients are located, award grants on a competitive 
     basis directly to--
       ``(A) fire departments, for the purpose of protecting the 
     health and safety of the public and firefighting personnel 
     throughout the United States against fire, fire-related, and 
     other hazards;
       ``(B) nonaffiliated EMS organizations to support the 
     provision of emergency medical services; and
       ``(C) State fire training academies for the purposes 
     described in subparagraphs (G), (H), and (I) of paragraph 
     (3).
       ``(2) Maximum grant amounts.--
       ``(A) Population.--The Administrator of FEMA may not award 
     a grant under this subsection in excess of amounts as 
     follows:
       ``(i) In the case of a recipient that serves a jurisdiction 
     with 100,000 people or fewer, the amount of the grant awarded 
     to such recipient shall not exceed $1,000,000 in any fiscal 
     year.
       ``(ii) In the case of a recipient that serves a 
     jurisdiction with more than 100,000 people but not more than 
     500,000 people, the amount of the grant awarded to such 
     recipient shall not exceed $2,000,000 in any fiscal year.
       ``(iii) In the case of a recipient that serves a 
     jurisdiction with more than 500,000 but not more than 
     1,000,000 people, the amount of the grant awarded to such 
     recipient shall not exceed $3,000,000 in any fiscal year.
       ``(iv) In the case of a recipient that serves a 
     jurisdiction with more than 1,000,000 people but not more 
     than 2,500,000 people, the amount of the grant awarded to 
     such recipient shall not exceed $6,000,000 for any fiscal 
     year.
       ``(v) In the case of a recipient that serves a jurisdiction 
     with more than 2,500,000 people, the amount of the grant 
     awarded to such recipient shall not exceed $9,000,000 in any 
     fiscal year.
       ``(B) State fire training academies.--The Administrator of 
     FEMA may not award a grant under this subsection to a State 
     fire training academy in an amount that exceeds $1,000,000 in 
     any fiscal year.
       ``(C) Aggregate.--
       ``(i) In general.--Notwithstanding subparagraphs (A) and 
     (B) and except as provided under clause (ii), the 
     Administrator of FEMA may not award a grant under this 
     subsection in a fiscal year in an amount that exceeds the 
     amount that is one percent of the available grant funds in 
     such fiscal year.
       ``(ii) Exception.--The Administrator of FEMA may waive the 
     limitation in clause (i) with respect to a grant recipient if 
     the Administrator of FEMA determines that such recipient has 
     an extraordinary need for a grant in an amount that exceeds 
     the limit under clause (i).
       ``(3) Use of grant funds.--Each entity receiving a grant 
     under this subsection shall use the grant for one or more of 
     the following purposes:
       ``(A) To train firefighting personnel in--
       ``(i) firefighting;
       ``(ii) emergency medical services and other emergency 
     response (including response to natural disasters, acts of 
     terrorism, and other man-made disasters);
       ``(iii) arson prevention and detection;
       ``(iv) maritime firefighting; or
       ``(v) the handling of hazardous materials.
       ``(B) To train firefighting personnel to provide any of the 
     training described under subparagraph (A).
       ``(C) To fund the creation of rapid intervention teams to 
     protect firefighting personnel at the scenes of fires and 
     other emergencies.
       ``(D) To certify--
       ``(i) fire inspectors; and
       ``(ii) building inspectors--

       ``(I) whose responsibilities include fire safety 
     inspections; and

[[Page 1471]]

       ``(II) who are employed by or serving as volunteers with a 
     fire department.

       ``(E) To establish wellness and fitness programs for 
     firefighting personnel to ensure that the firefighting 
     personnel are able to carry out their duties as firefighters.
       ``(F) To fund emergency medical services provided by fire 
     departments and nonaffiliated EMS organizations.
       ``(G) To acquire additional firefighting vehicles, 
     including fire trucks and other apparatus.
       ``(H) To acquire additional firefighting equipment, 
     including equipment for--
       ``(i) fighting fires with foam in remote areas without 
     access to water; and
       ``(ii) communications, monitoring, and response to a 
     natural disaster, act of terrorism, or other man-made 
     disaster, including the use of a weapon of mass destruction.
       ``(I) To acquire personal protective equipment, including 
     personal protective equipment--
       ``(i) prescribed for firefighting personnel by the 
     Occupational Safety and Health Administration of the 
     Department of Labor; or
       ``(ii) for responding to a natural disaster or act of 
     terrorism or other man-made disaster, including the use of a 
     weapon of mass destruction.
       ``(J) To modify fire stations, fire training facilities, 
     and other facilities to protect the health and safety of 
     firefighting personnel.
       ``(K) To educate the public about arson prevention and 
     detection.
       ``(L) To provide incentives for the recruitment and 
     retention of volunteer firefighting personnel for volunteer 
     firefighting departments and other firefighting departments 
     that utilize volunteers.
       ``(M) To support such other activities, consistent with the 
     purposes of this subsection, as the Administrator of FEMA 
     determines appropriate.
       ``(d) Fire Prevention and Safety Grants.--
       ``(1) In general.--For the purpose of assisting fire 
     prevention programs and supporting firefighter health and 
     safety research and development, the Administrator of FEMA 
     may, on a competitive basis--
       ``(A) award grants to fire departments;
       ``(B) award grants to, or enter into contracts or 
     cooperative agreements with, national, State, local, tribal, 
     or nonprofit organizations that are not fire departments and 
     that are recognized for their experience and expertise with 
     respect to fire prevention or fire safety programs and 
     activities and firefighter research and development programs, 
     for the purpose of carrying out--
       ``(i) fire prevention programs; and
       ``(ii) research to improve firefighter health and life 
     safety; and
       ``(C) award grants to, or enter into contracts with, 
     regionally accredited institutions of higher education and 
     national fire service organizations or national fire safety 
     organizations to support joint programs focused on reducing 
     firefighter fatalities and non-fatal injuries, including 
     programs for establishing fire safety research centers as the 
     Administrator of FEMA determines appropriate.
       ``(2) Maximum grant amount.--A grant awarded under this 
     subsection may not exceed $1,500,000 for a fiscal year.
       ``(3) Use of grant funds.--Each entity receiving a grant 
     under this subsection shall use the grant for one or more of 
     the following purposes:
       ``(A) To enforce fire codes and promote compliance with 
     fire safety standards.
       ``(B) To fund fire prevention programs.
       ``(C) To fund wildland fire prevention programs, including 
     education, awareness, and mitigation programs that protect 
     lives, property, and natural resources from fire in the 
     wildland-urban interface.
       ``(D) In the case of a grant awarded under paragraph 
     (1)(C), to fund the establishment or operation of--
       ``(i) a fire safety research center; or
       ``(ii) a program at such a center.
       ``(E) To support such other activities, consistent with the 
     purposes of this subsection, as the Administrator of FEMA 
     determines appropriate.
       ``(e) Applications for Grants.--
       ``(1) In general.--An entity seeking a grant under this 
     section shall submit to the Administrator of FEMA an 
     application therefor in such form and in such manner as the 
     Administrator of FEMA determines appropriate.
       ``(2) Elements.--Each application submitted under paragraph 
     (1) shall include the following:
       ``(A) A description of the financial need of the applicant 
     for the grant.
       ``(B) An analysis of the costs and benefits, with respect 
     to public safety, of the use for which a grant is requested.
       ``(C) An agreement to provide information to the national 
     fire incident reporting system for the period covered by the 
     grant.
       ``(D) A list of other sources of funding received by the 
     applicant--
       ``(i) for the same purpose for which the application for a 
     grant under this section was submitted; or
       ``(ii) from the Federal Government for other fire-related 
     purposes.
       ``(E) Such other information as the Administrator of FEMA 
     determines appropriate.
       ``(3) Joint or regional applications.--
       ``(A) In general.--Two or more entities may submit an 
     application under paragraph (1) for a grant under this 
     section to fund a joint program or initiative, including 
     acquisition of shared equipment or vehicles.
       ``(B) Nonexclusivity.--Applications under this paragraph 
     may be submitted instead of or in addition to any other 
     application submitted under paragraph (1).
       ``(C) Guidance.--The Administrator of FEMA shall--
       ``(i) publish guidance on applying for and administering 
     grants awarded for joint programs and initiatives described 
     in subparagraph (A); and
       ``(ii) encourage applicants to apply for grants for joint 
     programs and initiatives described in subparagraph (A) as the 
     Administrator of FEMA determines appropriate to achieve 
     greater cost effectiveness and regional efficiency.
       ``(f) Peer Review of Grant Applications.--
       ``(1) In general.--The Administrator of FEMA shall, after 
     consultation with national fire service and emergency medical 
     services organizations, appoint fire service personnel and 
     personnel from nonaffiliated EMS organizations to conduct 
     peer reviews of applications received under subsection 
     (e)(1).
       ``(2) Assignment of reviews.--In administering the peer 
     review process under paragraph (1), the Administrator of FEMA 
     shall ensure that--
       ``(A) applications submitted by career fire departments are 
     reviewed primarily by personnel from career fire departments;
       ``(B) applications submitted by volunteer fire departments 
     are reviewed primarily by personnel from volunteer fire 
     departments;
       ``(C) applications submitted by combination fire 
     departments and fire departments using paid-on-call 
     firefighting personnel are reviewed primarily by personnel 
     from such fire departments; and
       ``(D) applications for grants to fund emergency medical 
     services pursuant to subsection (c)(3)(F) are reviewed 
     primarily by emergency medical services personnel, 
     including--
       ``(i) emergency medical service personnel affiliated with 
     fire departments; and
       ``(ii) personnel from nonaffiliated EMS organizations.
       ``(3) Review of applications for fire prevention and safety 
     grants submitted by nonprofit organizations that are not fire 
     departments.--In conducting a review of an application 
     submitted under subsection (e)(1) by a nonprofit organization 
     described in subsection (d)(1)(B), a peer reviewer may not 
     recommend the applicant for a grant under subsection (d) 
     unless such applicant is recognized for its experience and 
     expertise with respect to--
       ``(A) fire prevention or safety programs and activities; or
       ``(B) firefighter research and development programs.
       ``(4) Applicability of federal advisory committee act.--The 
     Federal Advisory Committee Act (5 U.S.C. App.) shall not 
     apply to activities carried out pursuant to this subsection.
       ``(g) Prioritization and Allocation of Grant Awards.--In 
     awarding grants under this section, the Administrator of FEMA 
     shall--
       ``(1) consider the findings and recommendations of the peer 
     reviews carried out under subsection (f);
       ``(2) consider the degree to which an award will reduce 
     deaths, injuries, and property damage by reducing the risks 
     associated with fire-related and other hazards;
       ``(3) consider the extent of the need of an applicant for a 
     grant under this section and the need to protect the United 
     States as a whole;
       ``(4) consider the number of calls requesting or requiring 
     a fire fighting or emergency medical response received by an 
     applicant; and
       ``(5) ensure that of the available grant funds--
       ``(A) not less than 25 percent are awarded to career fire 
     departments;
       ``(B) not less than 25 percent are awarded to volunteer 
     fire departments; and
       ``(C) not less than 25 percent are awarded to combination 
     fire departments and fire departments using paid-on-call 
     firefighting personnel.
       ``(h) Additional Requirements and Limitations.--
       ``(1) Funding for emergency medical services.--Not less 
     than 3.5 percent of the available grant funds for a fiscal 
     year shall be awarded under this section for purposes 
     described in subsection (c)(3)(F).
       ``(2) Grant awards to nonaffiliated ems organizations.--Not 
     more than 2 percent of the available grant funds for a fiscal 
     year shall be awarded under this section to nonaffiliated EMS 
     organizations.
       ``(3) Funding for fire prevention and safety grants.--For 
     each fiscal year, not less than 10 percent of the aggregate 
     of grant amounts under this section in that fiscal year shall 
     be awarded under subsection (d).
       ``(4) State fire training academies.--Not more than 3 
     percent of the available grant funds for a fiscal year shall 
     be awarded under subsection (c)(1)(C).
       ``(5) Amounts for purchasing firefighting vehicles.--Not 
     more than 25 percent of the available grant funds for a 
     fiscal

[[Page 1472]]

     year may be used to assist grant recipients to purchase 
     vehicles pursuant to subsection (c)(3)(G).
       ``(i) Further Considerations.--
       ``(1) Assistance to firefighters grants to fire 
     departments.--In considering applications for grants under 
     subsection (c)(1)(A), the Administrator of FEMA shall 
     consider the extent to which the grant would enhance the 
     daily operations of the applicant and the impact of such a 
     grant on the protection of lives and property.
       ``(2) Applications from nonaffiliated ems organizations.--
     In the case of an application submitted under subsection 
     (e)(1) by a nonaffiliated EMS organization, the Administrator 
     of FEMA shall consider the extent to which other sources of 
     Federal funding are available to the applicant to provide the 
     assistance requested in such application.
       ``(3) Awarding fire prevention and safety grants to certain 
     organizations that are not fire departments.--In the case of 
     applicants for grants under this section who are described in 
     subsection (d)(1)(B), the Administrator of FEMA shall give 
     priority to applicants who focus on--
       ``(A) prevention of injuries to high risk groups from fire; 
     and
       ``(B) research programs that demonstrate a potential to 
     improve firefighter safety.
       ``(4) Avoiding duplication.--The Administrator of FEMA 
     shall review lists submitted by applicants pursuant to 
     subsection (e)(2)(D) and take such actions as the 
     Administrator of FEMA considers necessary to prevent 
     unnecessary duplication of grant awards.
       ``(j) Matching and Maintenance of Expenditure 
     Requirements.--
       ``(1) Matching requirement for assistance to firefighters 
     grants.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     an applicant seeking a grant to carry out an activity under 
     subsection (c) shall agree to make available non-Federal 
     funds to carry out such activity in an amount equal to not 
     less than 15 percent of the grant awarded to such applicant 
     under such subsection.
       ``(B) Exception for entities serving small communities.--In 
     the case that an applicant seeking a grant to carry out an 
     activity under subsection (c) serves a jurisdiction of--
       ``(i) more than 20,000 residents but not more than 50,000 
     residents, the applicant shall agree to make available non-
     Federal funds in an amount equal to not less than 10 percent 
     of the grant award to such applicant under such subsection; 
     or
       ``(ii) 20,000 residents or fewer, the applicant shall agree 
     to make available non-Federal funds in an amount equal to not 
     less than 5 percent of the grant awarded to such applicant 
     under such subsection.
       ``(2) Matching requirement for fire prevention and safety 
     grants.--
       ``(A) In general.--An applicant seeking a grant to carry 
     out an activity under subsection (d) shall agree to make 
     available non-Federal funds to carry out such activity in an 
     amount equal to not less than 5 percent of the grant awarded 
     to such applicant under such subsection.
       ``(B) Means of matching.--An applicant for a grant under 
     subsection (d) may meet the matching requirement under 
     subparagraph (A) through direct funding, funding of 
     complementary activities, or the provision of staff, 
     facilities, services, material, or equipment.
       ``(3) Maintenance of expenditures.--An applicant seeking a 
     grant under subsection (c) or (d) shall agree to maintain 
     during the term of the grant the applicant's aggregate 
     expenditures relating to the uses described in subsections 
     (c)(3) and (d)(3) at not less than 80 percent of the average 
     amount of such expenditures in the 2 fiscal years preceding 
     the fiscal year in which the grant amounts are received.
       ``(4) Waiver.--
       ``(A) In general.--Except as provided in subparagraph 
     (C)(ii), the Administrator of FEMA may waive or reduce the 
     requirements of paragraphs (1), (2), and (3) in cases of 
     demonstrated economic hardship.
       ``(B) Guidelines.--
       ``(i) In general.--The Administrator of FEMA shall 
     establish and publish guidelines for determining what 
     constitutes economic hardship for purposes of this paragraph.
       ``(ii) Considerations.--In developing guidelines under 
     clause (i), the Administrator of FEMA shall consider, with 
     respect to relevant communities, the following:

       ``(I) Changes in rates of unemployment from previous years.
       ``(II) Whether the rates of unemployment of the relevant 
     communities are currently and have consistently exceeded the 
     annual national average rates of unemployment.
       ``(III) Changes in percentages of individuals eligible to 
     receive food stamps from previous years.
       ``(IV) Such other factors as the Administrator of FEMA 
     considers appropriate.

       ``(C) Certain applicants for fire prevention and safety 
     grants.--The authority under subparagraph (A) shall not apply 
     with respect to a nonprofit organization that--
       ``(i) is described in subsection (d)(1)(B); and
       ``(ii) is not a fire department or emergency medical 
     services organization.
       ``(k) Grant Guidelines.--
       ``(1) Guidelines.--For each fiscal year, prior to awarding 
     any grants under this section, the Administrator of FEMA 
     shall publish in the Federal Register--
       ``(A) guidelines that describe--
       ``(i) the process for applying for grants under this 
     section; and
       ``(ii) the criteria that will be used for selecting grant 
     recipients; and
       ``(B) an explanation of any differences between such 
     guidelines and the recommendations obtained under paragraph 
     (2).
       ``(2) Annual meeting to obtain recommendations.--
       ``(A) In general.--For each fiscal year, the Administrator 
     of FEMA shall convene a meeting of qualified members of 
     national fire service organizations and qualified members of 
     emergency medical service organizations to obtain 
     recommendations regarding the following:
       ``(i) Criteria for the awarding of grants under this 
     section.
       ``(ii) Administrative changes to the assistance program 
     established under subsection (b).
       ``(B) Qualified members.--For purposes of this paragraph, a 
     qualified member of an organization is a member who--
       ``(i) is recognized for expertise in firefighting or 
     emergency medical services;
       ``(ii) is not an employee of the Federal Government; and
       ``(iii) in the case of a member of an emergency medical 
     service organization, is a member of an organization that 
     represents--

       ``(I) providers of emergency medical services that are 
     affiliated with fire departments; or
       ``(II) nonaffiliated EMS providers.

       ``(3) Applicability of federal advisory committee act.--The 
     Federal Advisory Committee Act (5 U.S.C. App.) shall not 
     apply to activities carried out pursuant to this subsection.
       ``(l) Accounting Determination.--Notwithstanding any other 
     provision of law, for purposes of this section, equipment 
     costs shall include all costs attributable to any design, 
     purchase of components, assembly, manufacture, and 
     transportation of equipment not otherwise commercially 
     available.
       ``(m) Eligible Grantee on Behalf of Alaska Native 
     Villages.--The Alaska Village Initiatives, a non-profit 
     organization incorporated in the State of Alaska, shall be 
     eligible to apply for and receive a grant or other assistance 
     under this section on behalf of Alaska Native villages.
       ``(n) Training Standards.--If an applicant for a grant 
     under this section is applying for such grant to purchase 
     training that does not meet or exceed any applicable national 
     voluntary consensus standards developed under section 647 of 
     the Post-Katrina Emergency Management Reform Act of 2006 (6 
     U.S.C. 747), the applicant shall submit to the Administrator 
     of FEMA an explanation of the reasons that the training 
     proposed to be purchased will serve the needs of the 
     applicant better than training that meets or exceeds such 
     standards.
       ``(o) Ensuring Effective Use of Grants.--
       ``(1) Audits.--The Administrator of FEMA may audit a 
     recipient of a grant awarded under this section to ensure 
     that--
       ``(A) the grant amounts are expended for the intended 
     purposes; and
       ``(B) the grant recipient complies with the requirements of 
     subsection (j).
       ``(2) Performance assessment.--
       ``(A) In general.--The Administrator of FEMA shall develop 
     and implement a performance assessment system, including 
     quantifiable performance metrics, to evaluate the extent to 
     which grants awarded under this section are furthering the 
     purposes of this section, including protecting the health and 
     safety of the public and firefighting personnel against fire 
     and fire-related hazards.
       ``(B) Consultation.--The Administrator of FEMA shall 
     consult with fire service representatives and with the 
     Comptroller General of the United States in developing the 
     assessment system required by subparagraph (A).
       ``(3) Annual reports to administrator of fema.--The 
     recipient of a grant awarded under this section shall submit 
     to the Administrator of FEMA an annual report describing how 
     the recipient used the grant amounts.
       ``(4) Annual reports to congress.--
       ``(A) In general.--Not later than September 30, 2013, and 
     each year thereafter through 2017, the Administrator of FEMA 
     shall submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Science and Technology of the House of Representatives a 
     report that provides--
       ``(i) information on the performance assessment system 
     developed under paragraph (2); and
       ``(ii) using the performance metrics developed under such 
     paragraph, an evaluation of the effectiveness of the grants 
     awarded under this section.
       ``(B) Additional information.--The report due under 
     subparagraph (A) on September 30, 2016, shall also include 
     recommendations for legislative changes to improve grants 
     under this section.
       ``(p) Authorization of Appropriations.--
       ``(1) In general.--There is authorized to be appropriated 
     to carry out this section--

[[Page 1473]]

       ``(A) $750,000,000 for fiscal year 2013; and
       ``(B) for each of fiscal years 2014 through 2017, an amount 
     equal to the amount authorized for the previous fiscal year 
     increased by the percentage by which--
       ``(i) the Consumer Price Index (all items, United States 
     city average) for the previous fiscal year, exceeds
       ``(ii) the Consumer Price Index for the fiscal year 
     preceding the fiscal year described in clause (i).
       ``(2) Administrative expenses.--Of the amounts appropriated 
     pursuant to paragraph (1) for a fiscal year, the 
     Administrator of FEMA may use not more than 5 percent of such 
     amounts for salaries and expenses and other administrative 
     costs incurred by the Administrator of FEMA in the course of 
     awarding grants and providing assistance under this section.
       ``(3) Congressionally directed spending.--Consistent with 
     the requirements in subsections (c)(1) and (d)(1) that grants 
     under those subsections be awarded on a competitive basis, 
     none of the funds appropriated pursuant to this subsection 
     may be used for any congressionally directed spending item 
     (as such term is defined in paragraph 5(a) of rule XLIV of 
     the Standing Rules of the Senate).
       ``(q) Sunset of Authorities.--The authority to award 
     assistance and grants under this section shall expire on 
     October 1, 2022.''.

     SEC. ___4. STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE.

       (a) Improvements to Hiring Grants.--
       (1) Term of grants.--Subparagraph (B) of subsection (a)(1) 
     of section 34 of the Federal Fire Prevention and Control Act 
     of 1974 (15 U.S.C. 2229a) is amended to read as follows:
       ``(B) Grants made under this paragraph shall be for 3 years 
     and be used for programs to hire new, additional 
     firefighters.''.
       (2) Limitation on portion of costs of hiring 
     firefighters.--Subparagraph (E) of subsection (a)(1) of such 
     section 34 is amended to read as follows:
       ``(E) The portion of the costs of hiring firefighters 
     provided by a grant under this paragraph may not exceed--
       ``(i) 75 percent in the first year of the grant;
       ``(ii) 75 percent in the second year of the grant; and
       ``(iii) 30 percent in the third year of the grant.''.
       (b) Clarification Regarding Eligible Entities for 
     Recruitment and Retention Grants.--The second sentence of 
     subsection (a)(2) of such section 34 is amended by striking 
     ``organizations on a local or statewide basis'' and inserting 
     ``national, State, local, or tribal organizations''.
       (c) Maximum Amount for Hiring Firefighters.--Paragraph (4) 
     of subsection (c) of such section 34 is amended to read as 
     follows:
       ``(4) The amount of funding provided under this section to 
     a recipient fire department for hiring a firefighter in any 
     fiscal year may not exceed--
       ``(A) in the first year of the grant, 75 percent of the 
     usual annual cost of a first-year firefighter in that 
     department at the time the grant application was submitted;
       ``(B) in the second year of the grant, 75 percent of the 
     usual annual cost of a first-year firefighter in that 
     department at the time the grant application was submitted; 
     and
       ``(C) in the third year of the grant, 30 percent of the 
     usual annual cost of a first-year firefighter in that 
     department at the time the grant application was 
     submitted.''.
       (d) Waivers.--Such section 34 is further amended--
       (1) by redesignating subsections (d) through (i) as 
     subsection (e) through (j), respectively; and
       (2) by inserting after subsection (c) the following:
       ``(d) Waivers.--
       ``(1) In general.--In a case of demonstrated economic 
     hardship, the Administrator of FEMA may--
       ``(A) waive the requirements of subsection (a)(1)(B)(ii) or 
     subsection (c)(1); or
       ``(B) waive or reduce the requirements in subsection 
     (a)(1)(E) or subsection (c)(2).
       ``(2) Guidelines.--
       ``(A) In general.--The Administrator of FEMA shall 
     establish and publish guidelines for determining what 
     constitutes economic hardship for purposes of paragraph (1).
       ``(B) Considerations.--In developing guidelines under 
     subparagraph (A), the Administrator of FEMA shall consider, 
     with respect to relevant communities, the following:
       ``(i) Changes in rates of unemployment from previous years.
       ``(ii) Whether the rates of unemployment of the relevant 
     communities are currently and have consistently exceeded the 
     annual national average rates of unemployment.
       ``(iii) Changes in percentages of individuals eligible to 
     receive food stamps from previous years.
       ``(iv) Such other factors as the Administrator of FEMA 
     considers appropriate.''.
       (e) Improvements to Performance Evaluation Requirements.--
     Subsection (e) of such section 34, as redesignated by 
     subsection (d)(1) of this section, is amended by inserting 
     before the first sentence the following:
       ``(1) In general.--The Administrator of FEMA shall 
     establish a performance assessment system, including 
     quantifiable performance metrics, to evaluate the extent to 
     which grants awarded under this section are furthering the 
     purposes of this section.
       ``(2) Submission of information.--''.
       (f) Report.--
       (1) In general.--Subsection (f) of such section 34, as 
     redesignated by subsection (d)(1) of this section, is amended 
     by striking ``The authority'' and all that follows through 
     ``Congress concerning'' and inserting the following: ``Not 
     later than September 30, 2016, the Administrator of FEMA 
     shall submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Science and Technology of the House of Representatives a 
     report on''.
       (2) Conforming amendment.--The heading for such subsection 
     (f) is amended by striking ``Sunset and Reports'' and 
     inserting ``Report''.
       (g) Additional Definitions.--
       (1) In general.--Subsection (i) of such section 34, as 
     redesignated by subsection (d)(1) of this section, is 
     amended--
       (A) in the matter before paragraph (1), by striking ``In 
     this section, the term--'' and inserting ``In this 
     section:'';
       (B) in paragraph (1)--
       (i) by inserting ``The term'' before ```firefighter' has''; 
     and
       (ii) by striking ``; and'' and inserting a period;
       (C) by striking paragraph (2); and
       (D) by inserting at the end the following:
       ``(2) The terms `career fire department', `combination fire 
     department', and `volunteer fire department' have the meaning 
     given such terms in section 33(a).''.
       (2) Conforming amendment.--Subsection (a)(1)(A) of such 
     section 34 is amended by striking ``career, volunteer, and 
     combination fire departments'' and inserting ``career fire 
     departments, combination fire departments, and volunteer fire 
     departments''.
       (h) Authorization of Appropriations.--
       (1) In general.--Subsection (j) of such section 34, as 
     redesignated by subsection (d)(1) of this section, is 
     amended--
       (A) in paragraph (6), by striking ``and'' at the end;
       (B) in paragraph (7), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(8) $750,000,000 for fiscal year 2013; and
       ``(9) for each of fiscal years 2014 through 2017, an amount 
     equal to the amount authorized for the previous fiscal year 
     increased by the percentage by which--
       ``(A) the Consumer Price Index (all items, United States 
     city average) for the previous fiscal year, exceeds
       ``(B) the Consumer Price Index for the fiscal year 
     preceding the fiscal year described in subparagraph (A).''.
       (2) Administrative expenses.--Such subsection (j) is 
     further amended--
       (A) in paragraph (9), as added by paragraph (1) of this 
     subsection, by redesignating subparagraphs (A) and (B) as 
     clauses (i) and (ii), respectively, and moving the left 
     margin of such clauses, as so redesignated, 2 ems to the 
     right;
       (B) by redesignating paragraphs (1) through (9) as 
     subparagraphs (A) through (I), respectively, and moving the 
     left margin of such subparagraphs, as so redesignated, 2 ems 
     to the right;
       (C) by striking ``There are'' and inserting the following:
       ``(1) In general.--There are''; and
       (D) by adding at the end the following:
       ``(2) Administrative expenses.--Of the amounts appropriated 
     pursuant to paragraph (1) for a fiscal year, the 
     Administrator of FEMA may use not more than 5 percent of such 
     amounts to cover salaries and expenses and other 
     administrative costs incurred by the Administrator of FEMA to 
     make grants and provide assistance under this section.''.
       (3) Congressionally directed spending.--Such subsection (j) 
     is further amended by adding at the end the following:
       ``(3) Congressionally directed spending.--Consistent with 
     the requirement in subsection (a) that grants under this 
     section be awarded on a competitive basis, none of the funds 
     appropriated pursuant to this subsection may be used for any 
     congressionally direct spending item (as defined in paragraph 
     5(a) of Rule XLIV of the Standing Rules of the Senate).''.
       (i) Technical Amendment.--Such section 34 is amended--
       (1) in subsection (a), in paragraphs (1)(A) and (2), by 
     striking ``Administrator shall'' and inserting 
     ``Administrator of FEMA shall, in consultation with the 
     Administrator,''; and
       (2) by striking ``Administrator'' each place it appears, 
     other than in subsection (a)(1)(A) and (a)(2), and inserting 
     ``Administrator of FEMA''.
       (j) Clerical Amendment.--Section 34 of such Act (15 U.S.C. 
     2229a) is amended by striking ``expansion of pre-september 
     11, 2001, fire grant program'' and inserting the following: 
     ``staffing for adequate fire and emergency response''.
       (k) Sunset of Authority to Award Hiring Grants.--Section 34 
     of the Federal Fire Prevention and Control Act of 1974 (15 
     U.S.C. 2229a) is further amended by adding at the end the 
     following:

[[Page 1474]]

       ``(k) Sunset of Authorities.--The authority to award grants 
     and provide technical assistance under this section shall 
     expire October 1, 2022.''.

     SEC. ___5. REPORT ON EFFECT OF AMENDMENTS.

       Not later than September 30, 2016, the Comptroller General 
     of the United States shall submit to the Committee on 
     Homeland Security and Governmental Affairs of the Senate and 
     the Committee on Science and Technology of the House of 
     Representatives a report on the effect of the amendments made 
     by this subtitle. Such report shall include the following:
       (1) An assessment of the effect of the amendments made by 
     sections ___3 and ___4 on the effectiveness, relative 
     allocation, accountability, and administration of the grants 
     awarded under sections 33 and 34 of the Federal Fire 
     Prevention and Control Act of 1974 (15 U.S.C. 2229 and 2229a) 
     after the date of the enactment of this Act.
       (2) An evaluation of the extent to which the amendments 
     made by sections ___3 and ___4 have enabled recipients of 
     grants awarded under such sections 33 and 34 after the date 
     of the enactment of this Act to mitigate fire and fire-
     related and other hazards more effectively.

     SEC. ___6. REPORT ON DUPLICATION OF GRANT PROGRAMS.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Inspector General of the 
     Department of Homeland Security shall submit to Congress a 
     report on the grant programs administered by the 
     Administrator of the Federal Emergency Management Agency.
       (b) Contents.--The report required by subsection (a) shall 
     include the following:
       (1) Whether and to what degree the grant programs described 
     in subsection (a) provide duplicative or overlapping 
     assistance.
       (2) The cost of each grant program described in subsection 
     (a).
       (3) The recommendations of the Inspector General for 
     consolidation and elimination of grant programs described in 
     subsection (a) to reduce duplication of assistance.
                                 ______
                                 
  SA 1563. Mr. HELLER submitted an amendment intended to be proposed by 
him to the bill S. 1813, to reauthorize Federal-aid highway and highway 
safety construction programs, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. EXTENSION OF PAY LIMITATION.

       (a) In General.--Section 147 of the Continuing 
     Appropriations Act, 2011 (Public Law 111-242; 5 U.S.C. 5303 
     note), as added by section 1(a) of the Continuing 
     Appropriations and Surface Transportation Extensions Act, 
     2011 (Public Law 111-322; 124 Stat. 3518), is amended--
       (1) in subsection (b)(1), by striking ``December 31, 2012'' 
     and inserting ``December 31, 2013''; and
       (2) in subsection (c), by striking ``December 31, 2012'' 
     and inserting ``December 31, 2013''.
       (b) Application to Legislative Branch.--
       (1) Members of congress.--The extension of the pay limit 
     for Federal employees through December 31, 2013, as 
     established pursuant to the amendments made by subsection 
     (a), shall apply to Members of Congress in accordance with 
     section 601(a) of the Legislative Reorganization Act of 1946 
     (2 U.S.C. 31).
       (2) Other legislative branch employees.--
       (A) Limit in pay.--Notwithstanding any other provision of 
     law, no cost of living adjustment required by statute with 
     respect to a legislative branch employee which (but for this 
     subparagraph) would otherwise take effect during the period 
     beginning on the date of enactment of this Act and ending on 
     December 31, 2013, shall be made.
       (B) Definition.--In this paragraph, the term ``legislative 
     branch employee'' means--
       (i) an employee of the Federal Government whose pay is 
     disbursed by the Secretary of the Senate or the Chief 
     Administrative Officer of the House of Representatives; and
       (ii) an employee of any office of the legislative branch 
     who is not described in clause (i).
                                 ______
                                 
  SA 1564. Mr. HELLER submitted an amendment intended to be proposed by 
him to the bill S. 1813, to reauthorize Federal-aid highway and highway 
safety construction programs, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

                      TITLE __--NO BUDGET, NO PAY

     SECTION _01. SHORT TITLE.

       This title may be cited as the ``No Budget, No Pay Act''.

     SEC. _02. DEFINITION.

       In this title, the term ``Member of Congress''--
       (1) has the meaning given under section 2106 of title 5, 
     United States Code; and
       (2) does not include the Vice President.

     SEC. _03. TIMELY APPROVAL OF CONCURRENT RESOLUTION ON THE 
                   BUDGET AND THE APPROPRIATIONS BILLS.

       If both Houses of Congress have not approved a concurrent 
     resolution on the budget as described under section 301 of 
     the Congressional Budget and Impoundment Control Act of 1974 
     (2 U.S.C. 632) for a fiscal year before October 1 of that 
     fiscal year and have not passed all the regular 
     appropriations bills for the next fiscal year before October 
     1 of that fiscal year, the pay of each Member of Congress may 
     not be paid for each day following that October 1 until the 
     date on which both Houses of Congress approve a concurrent 
     resolution on the budget for that fiscal year and all the 
     regular appropriations bills.

     SEC. _04. NO PAY WITHOUT CONCURRENT RESOLUTION ON THE BUDGET 
                   AND THE APPROPRIATIONS BILLS.

       (a) In General.--Notwithstanding any other provision of 
     law, no funds may be appropriated or otherwise be made 
     available from the United States Treasury for the pay of any 
     Member of Congress during any period determined by the 
     Chairpersons of the Committee on the Budget and the Committee 
     on Appropriations of the Senate or the Chairpersons of the 
     Committee on the Budget and the Committee on Appropriations 
     of the House of Representatives under section _05.
       (b) No Retroactive Pay.--A Member of Congress may not 
     receive pay for any period determined by the Chairpersons of 
     the Committee on the Budget and the Committee on 
     Appropriations of the Senate or the Chairpersons of the 
     Committee on the Budget and the Committee on Appropriations 
     of the House of Representatives under section 205, at any 
     time after the end of that period.

     SEC. _05. DETERMINATIONS.

       (a) Senate.--
       (1) Request for certifications.--On October 1 of each year, 
     the Secretary of the Senate shall submit a request to the 
     Chairpersons of the Committee on the Budget and the Committee 
     on Appropriations of the Senate for certification of 
     determinations made under subparagraphs (A) and (B) of 
     paragraph (2).
       (2) Determinations.--The Chairpersons of the Committee on 
     the Budget and the Committee on Appropriations of the Senate 
     shall--
       (A) on October 1 of each year, make a determination of 
     whether Congress is in compliance with section _03 and 
     whether Senators may not be paid under that section;
       (B) determine the period of days following each October 1 
     that Senators may not be paid under section _03; and
       (C) provide timely certification of the determinations 
     under subparagraphs (A) and (B) upon the request of the 
     Secretary of the Senate.
       (b) House of Representatives.--
       (1) Request for certifications.--On October 1 of each year, 
     the Chief Administrative Officer of the House of 
     Representatives shall submit a request to the Chairpersons of 
     the Committee on the Budget and the Committee on 
     Appropriations of the House of Representatives for 
     certification of determinations made under subparagraphs (A) 
     and (B) of paragraph (2).
       (2) Determinations.--The Chairpersons of the Committee on 
     the Budget and the Committee on Appropriations of the House 
     of Representatives shall--
       (A) on October 1 of each year, make a determination of 
     whether Congress is in compliance with section _03 and 
     whether Member of the House of Representatives may not be 
     paid under that section;
       (B) determine the period of days following each October 1 
     that Member of the House of Representatives may not be paid 
     under section _03; and
       (C) provide timely certification of the determinations 
     under subparagraph (A) and (B) upon the request of the Chief 
     Administrative Officer of the House of Representatives.

     SEC. _06. EFFECTIVE DATE.

       This title shall take effect on February 1, 2013.
                                 ______
                                 
  SA 1565. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 1813, to reauthorize Federal-aid highway and 
highway safety construction programs, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 162, strike line 13 and insert the following:
       ``a Federal-aid system under this chapter.
       ``(m) Codification of Ozone Directive.--Notwithstanding any 
     other provision of law or court order to the contrary, the 
     Administrator of the Environmental Protection Agency shall 
     not engage in rulemaking proceedings under the Clean Air Act 
     (42 U.S.C. 7401 et seq.) relating to national ambient air 
     quality standards for ozone, or reconsideration of those 
     standards, until March 27, 2013.''.
                                 ______
                                 
  SA 1566. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 1813, to reauthorize Federal-aid highway and 
highway safety construction programs, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

[[Page 1475]]



     SEC. __. EXTENSION OF PUBLIC TRANSIT VEHICLE EXEMPTION FROM 
                   AXLE WEIGHT RESTRICTIONS.

       Section 1023(h)(1) of the Intermodal Surface Transportation 
     Efficiency Act of 1991 (23 U.S.C. 127 note), as added by 
     section 341 of Public Law 102-388, is amended--
       (1) by striking ``The second sentence of section 127 of 
     title 23'' and inserting ``Section 127(a)(2) of title 23'';
       (2) by striking ``, for the period beginning on October 6, 
     1992, and ending on October 1, 2009,'';
       (3) in subparagraph (A), by striking ``or'' at the end;
       (4) in subparagraph (B), by striking the period at the end 
     and inserting ``; or''; and
       (5) by adding at the end the following:
       ``(C) any motor home (as defined in section 571.3(c) of 
     title 49, Code of Federal Regulations).''.
                                 ______
                                 
  SA 1567. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 1813, to reauthorize Federal-aid highway and 
highway safety construction programs, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of subtitle E of title I, add the following:

     SEC. ___. EFFECT OF NEPA ON CERTAIN FEDERAL AGENCIES.

       (a) In General.--The Comptroller General of the United 
     States shall assess and produce a report on how the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
     affects--
       (1) the Department of Defense;
       (2) the Department of Energy;
       (3) the Department of the Interior;
       (4) the Department of Transportation;
       (5) the Environmental Protection Agency;
       (6) the Corps of Engineers; and
       (7) the Forest Service.
       (b) Contents.--For each Federal agency described in 
     subsection (a), the report shall include an assessment of--
       (1) the cost of complying with the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.);
       (2) the quantity of man hours spent on complying with that 
     Act; and
       (3) the quantity of litigation the Federal agency engages 
     in as a result of that Act, including the quantity of time 
     and the cost that litigation adds to a project.
                                 ______
                                 
  SA 1568. Mrs. HUTCHISON submitted an amendment intended to be 
proposed by her to the bill S. 1813, to reauthorize Federal-aid highway 
and highway safety construction programs, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of subtitle E of title I, add the following:

     SEC. 15__. FREEDOM FROM TOLLS.

       (a) In General.--Section 129 of title 23, United States 
     Code, is amended by adding at the end the following:
       ``(d) Exception for Existing Highway Segments.--
       ``(1) In general.--Except as provided in paragraph (2), 
     none of the funds made available to carry out this title 
     shall be used to approve or otherwise authorize the 
     imposition of any toll on any segment of highway located on 
     the Federal-aid system--
       ``(A) the construction of which has been completed as of 
     the date of enactment of this subsection;
       ``(B) that, as of the date of enactment of this subsection, 
     is not tolled;
       ``(C) that was constructed with Federal assistance provided 
     under this title; and
       ``(D) that is in actual operation as of the date of 
     enactment of this subsection.
       ``(2) Exceptions.--
       ``(A) Number of toll lanes.--Paragraph (1) shall not apply 
     to any segment of highway on the Federal-aid system described 
     in that paragraph that, as of the date on which a toll is 
     imposed on the segment, will have the same number of nontoll 
     lanes as were in existence prior to that date.
       ``(B) High-occupancy vehicle lanes.--A high-occupancy 
     vehicle lane that is converted to a toll lane shall not be 
     subject to this subsection, and shall not be considered to be 
     a nontoll lane for purposes of determining whether a highway 
     will have fewer nontoll lanes than prior to the date of 
     imposition of the toll, if--
       ``(i) high-occupancy vehicles occupied by the number of 
     passengers specified by the entity operating the toll lane 
     may use the toll lane without paying a toll, unless otherwise 
     specified by the appropriate county, town, municipal or other 
     local government entity, or public toll road or transit 
     authority; or
       ``(ii) each high-occupancy vehicle lane that was converted 
     to a toll lane was constructed as a temporary lane to be 
     replaced by a toll lane under a plan approved by the 
     appropriate county, town, municipal or other local government 
     entity, or public toll road or transit authority.''.
       (b) Interstate System Reconstruction and Rehabilitation 
     Pilot Program.--Section 1216(b)(2) of the Transportation 
     Equity Act for the 21st Century (23 U.S.C. 129 note; 112 
     Stat. 212) is amended by striking ``3 facilities'' and 
     inserting ``2 facilities''.

                          ____________________