Lincoln Legacy Infrastructure Development Act - Directs the Secretary of Transportation (DOT) to establish the Private-Public Partnership Challenge Grant Program.
Authorizes the Secretary to provide grants to states for use in implementing innovative strategies to use private-public partnerships to fund rail, aviation, transit, highway, and waterway transportation. Requires the Secretary to use federal surcharges generated from agreements from the concession or lease of safety rest areas to carry out such program.
Authorizes the Secretary to permit a state to enter into one or more agreements with the Secretary for the commercialization, lease, or concession of a safety rest area constructed or located on an Interstate System (IS) right-of-way if: (1) access is free of charge, and (2) the state agrees to pay the Secretary a federal surcharge of 5% of the total amount received under the agreement.
Prohibits the Secretary from imposing a federal surcharge on a state that has allowed the placement of blind vending facilities in rest and recreation areas, and in safety rest areas, located on IS rights-of-way.
Revises state high occupancy vehicle (HOV) facility requirements to increase from a minimum of two to a minimum of three the number of occupants per vehicle for use of an HOV facility in cases of congestion meeting certain criteria.
Amends the Intermodal Surface Transportation Efficiency Act of 1991 to remove limits on the number of state or local governments or public authorities with which the Secretary may enter into cooperative agreements to establish value pricing pilot programs (in effect, allowing extension of the programs to all such authorities).
Amends the Transportation Equity Act for the 21st Century (TEA-21) to increase from 3 to 10 the number of IS highways, bridges, or tunnels where a state may collect tolls for the reconstruction and rehabilitation of IS highway corridors.
Amends the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) to eliminate restrictions on: (1) the number of projects under the express lanes demonstration program (currently 15), and (2) the number of IS facilities on which the Secretary may collect IS construction tolls (currently 3).
Eliminates the nonsubordination of secured loans and lines of credit used to finance surface transportation project costs to the claims of any holder of project obligations in the event of the obligor's bankruptcy, insolvency, or liquidation. (Thus allows subordination of secured loans and lines of credit to such claims.)
Makes eligible for railroad rehabilitation and improvement direct loans and loan guarantees: (1) projects and activities that benefit high-speed rail, and (2) development phase activities.
Removes limits on the number of airport applications (currently five) under the airport privatization pilot program the Secretary may approve for the grant of exemptions from certain requirements in order to allow the sale or lease to nonpublic persons of a general aviation airport.
Directs the Administrator of the Federal Transit Administration (FTA) to establish a six-year public-private partnership experimental program to encourage recipients of certain federal assistance to carry out tests and experimentation in the public transportation project development process designed to: (1) attract private investment in such projects (including high occupancy/toll [HOT] lane facilities); and (2) increase project management flexibility and innovation, improve efficiency, allow for timely project implementation, and create new revenue streams.
Amends the Internal Revenue Code to remove the cap on the aggregate allowable amount of tax-exempt bonds to finance qualified highway or surface freight transfer facilities.
Revises a specified formula in order to reduce annual adjustments to pay schedules for federal employees for FY2013-FY2021.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1300 Introduced in Senate (IS)]
112th CONGRESS
1st Session
S. 1300
To amend titles 23, 45, and 49, United States Code, to encourage the
use of private-public partnerships in transportation.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 29, 2011
Mr. Kirk introduced the following bill; which was read twice and
referred to the Committee on Finance
_______________________________________________________________________
A BILL
To amend titles 23, 45, and 49, United States Code, to encourage the
use of private-public partnerships in transportation.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lincoln Legacy Infrastructure
Development Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the American Association of State Highway and
Transportation Officials estimates current highway, bridge,
public transit, and freight and passenger rail funding needs
are approximately $225,000,000,000 to $340,000,000,000 per year
through 2055, while current spending is less than
$90,000,000,000 per year;
(2) according to the organization known as Transportation
for America, 69,223 bridges, or 11.5 percent of all highway
bridges in the United States, are considered structurally
deficient;
(3) according to the Congressional Research Service, for
fiscal year 2010, the Highway Trust Fund, the primary funding
source for highways and transit, received approximately
$35,000,000,000 in revenue but spent approximately
$50,000,000,000;
(4) Congress transferred $34,500,000,000 in general revenue
to the Highway Trust Fund during the period of fiscal years
2008 to 2010 to keep the Highway Trust Fund solvent;
(5) Highway Trust Fund outlays during the period of fiscal
years 2011 to 2021 are expected to exceed revenues and interest
by approximately $120,000,000,000;
(6) the Congressional Budget Office estimates that the
Highway Trust Fund will be unable to meet obligations of the
Highway Trust Fund sometime during fiscal year 2012;
(7) the United States Chamber of Commerce estimates that
further deterioration of transportation networks could result
in as much as $336,000,000,000 in lost growth during the 5
years after the date of enactment of this Act;
(8) private-public partnerships are an important tool to
help address transportation infrastructure shortfalls;
(9) infrastructure experts estimate that there is more than
$400,000,000,000 available for private-sector capital
infrastructure investment;
(10) according to the Federal Highway Administration, 29
States and 1 United States territory have enacted legislation
enabling private-public partnerships; and
(11) State and local governments are uniquely positioned to
further develop and use innovative financing methods for all
modes of infrastructure.
SEC. 3. PRIVATE-PUBLIC PARTNERSHIP CHALLENGE GRANTS.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by inserting after section 149 the following:
``Sec. 150. Private-public partnership challenge grants
``(a) In General.--The Secretary shall establish a program, to be
known as the `Private-Public Partnership Challenge Grant Program'
(referred to in this section as the `program'), to encourage States to
develop, enact, and implement private-public partnership enabling
legislation and procurement policies.
``(b) Eligible Recipients.--The Secretary may provide a grant under
the program to a State for use in implementing innovative and
successful strategies to use private-public partnerships with respect
to funding for rail, aviation, transit, highway, and waterway
transportation.
``(c) Application.--A State that seeks to receive a grant under the
program shall submit to the Secretary an application for the grant at
such time, in such manner, and containing such information as the
Secretary shall require.
``(d) Funding.--The Secretary shall use to carry out the program
amounts received as Federal surcharges on revenue generated from
agreements resulting from the concession or lease of safety rest areas
under section 111(a)(2).''.
(b) Conforming Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by inserting after the item relating to
section 149 the following:
``150. Private-public partnership challenge grants.''.
SEC. 4. FEDERAL-AID HIGHWAYS.
(a) Agreements Relating to Use of and Access to Rights-of-Way-
Interstate System.--
(1) In general.--Section 111(a) of title 23, United States
Code, is amended--
(A) by redesignating subparagraphs (A) through (C)
of paragraph (1) as clauses (i) through (iii),
respectively;
(B) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(C) by striking ``In General.--All agreements'' and
inserting the following:
``(a) Agreements.--
``(1) In general.--All agreements''; and
(D) by adding at the end the following:
``(2) Commercialization, lease, and concession of
interstate safety rest areas.--Notwithstanding paragraph (1),
the Secretary may permit a State to enter into 1 or more
agreements for the commercialization, lease, or concession of a
safety rest area constructed or located on a right-of-way on
the Interstate System in the State on the conditions that--
``(A) access to the safety rest area, parking, and
restrooms remains free of charge;
``(B) the safety of motorists is not compromised by
the agreement; and
``(C) the State agrees--
``(i) to pay to the Secretary, upon
entering into an agreement under this
subparagraph, a Federal surcharge equal to 5
percent of the total amount received by the
State under the agreement, which amounts the
Secretary shall deposit in the Highway Trust
Fund at the rate that corresponds to the rate
at which the State receives amounts under the
agreement; and
``(ii) to use the remaining amounts
received by the State under the agreement only
for purposes relating to a highway or transit
transportation project carried out under this
title or title 49.''.
(b) Vending Machines.--Section 111(b) of title 23, United States
Code, is amended--
(1) by striking ``Notwithstanding'' and inserting the
following:
``(1) In general.--Notwithstanding''; and
(2) by adding at the end the following:
``(2) Blind vending facilities.--Notwithstanding any other
provision of this Act--
``(A) the Secretary shall not impose any surcharge
on a State with respect to any blind vending facility
established pursuant to paragraph (1); and
``(B) the priority accorded licensed blind vendors
by paragraph (1) shall not be otherwise limited or
diminished as a result of the implementation of the
Lincoln Legacy Infrastructure Development Act.''.
(c) Toll Roads, Bridges, Tunnels, and Ferries.--Section 129(a)(3)
of title 23, United States Code, is amended in the last sentence by
striking ``for any purpose for which Federal funds may be obligated by
a State under this title'' and inserting ``, including revenues
received as a result of any agreement entered into by the State for the
sale, lease, or concession of a highway, bridge, or tunnel, only for
purposes relating to a highway or transit transportation project
carried out under this title or title 49''.
(d) HOV Facilities.--Section 166(a) of title 23, United States
Code, is amended by striking paragraph (2) and inserting the following:
``(2) Occupancy requirement.--
``(A) In general.--Except as provided in
subparagraph (B) and in other provisions of this
section, not fewer than 2 occupants per vehicle may be
required for use of a HOV facility.
``(B) Congestion.--In any case in which a State
determines that a HOV facility is a degraded facility
(as described in subsection (d)(2)(B)) or that the
average speed of traffic on a HOV facility slows to
less than the minimum average operating speed (as
defined in subsection (d)(2)(A)), the State shall
require not fewer than 3 occupants per vehicle for use
of the HOV facility.''.
(e) Innovative Surface Transportation Financing Methods.--
(1) Value pricing pilot program.--Section 1012(b)(1) of the
Intermodal Surface Transportation Efficiency Act of 1991 (23
U.S.C. 149 note; 105 Stat. 1938) is amended in the second
sentence by striking ``as many as 15 such State or local
governments or public authorities'' and inserting ``States,
local governments, and public authorities''.
(2) 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--
(A) in the first sentence, by striking ``3'' and
inserting ``10''; and
(B) by striking the second sentence.
(f) Express Lanes Demonstration Program.--Section 1604(b)(2) of the
SAFETEA-LU (23 U.S.C. 129 note; 119 Stat. 1250) is amended in the
matter preceding subparagraph (A)--
(1) by striking ``15''; and
(2) by striking ``2005 through 2009'' and inserting ``2012
through 2017''.
(g) Interstate System Construction Toll Pilot Program.--Section
1604(c) of the SAFETEA-LU (23 U.S.C. 129 note; 119 Stat. 1253) is
amended--
(1) by striking paragraph (2);
(2) by redesignating paragraphs (9) and (1) as paragraphs
(1) and (2), respectively; and
(3) in paragraph (8), by striking ``the date of enactment
of this Act'' and inserting ``the date of enactment of the
Lincoln Legacy Infrastructure Development Act''.
SEC. 5. INFRASTRUCTURE FINANCE.
(a) Nonsubordination.--
(1) Secured loans.--Section 603(b) of title 23, United
States Code, is amended--
(A) by striking paragraph (6); and
(B) by redesignating paragraphs (7) and (8) as
paragraphs (6) and (7), respectively.
(2) Lines of credit.--Section 604(b) of title 23, United
States Code, is amended--
(A) by striking paragraph (8); and
(B) by redesignating paragraphs (9) and (10) as
paragraphs (8) and (9), respectively.
(b) Reauthorization.--Section 608(a) of title 23, United States
Code, is amended--
(1) in paragraph (1), by striking ``$122,000,000 for each
of fiscal years 2005 through 2009'' and inserting
``$750,000,000 for each of fiscal years 2012 through 2017'';
and
(2) in paragraph (3) by striking ``$2,200,000 for each of
fiscal years 2005 through 2009'' and inserting ``$7,500,000 for
each of fiscal years 2012 through 2017''.
SEC. 6. RAILROAD REHABILITATION AND IMPROVEMENT FINANCING PROGRAM.
(a) Eligible Activities.--Section 822(b)(1) of title 45, United
States Code, is amended--
(1) in subparagraph (B), by striking ``or'' at the end;
(2) in subparagraph (C), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(D) carry out projects and activities that
benefit high-speed rail; or
``(E) carry out development phase activities,
including planning, feasibility analysis, revenue
forecasting, environmental review, permitting,
preliminary engineering and design work, and other
preconstruction activities.''.
(b) Credit Risk Requirements.--Section 822(h)(2) of title 45,
United States Code, is amended by inserting ``For purposes of making a
finding under subsection (g)(4), the Secretary, through the
Administrator of the Federal Railroad Administration, shall consider
the net present value of anticipated dedicated revenues or user fees to
be collateral offered by the applicant.'' after ``the project.''.
(c) Biannual Report.--Not later than 6 months after the date of the
enactment of this Act, and every 6 months thereafter, the Administrator
of the Federal Railroad Administration shall submit a report to
Congress that describes--
(1) the number of loans pending and issued under section
822 of title 45, United States Code; and
(2) the time taken to process each of the loans described
in paragraph (1).
SEC. 7. AIRPORT PRIVATIZATION PROGRAM.
(a) Approval of Applications.--Section 47134(b) of title 49, United
States Code, is amended--
(1) in the matter preceding paragraph (1) by striking
``with respect to not more than 5 airports''; and
(2) in paragraph (1)--
(A) by striking subparagraph (A) and inserting the
following:
``(A) In general.--The Secretary may grant an
exemption to an airport sponsor from the requirements
of sections 47107(b) and 47133 (and any other law,
regulation, or grant assurance) to the extent necessary
to permit the sponsor to recover from the sale or lease
of the airport such amount as may be approved by the
Secretary after the sponsor has consulted--
``(i) in the case of a primary airport,
with each air carrier and foreign air carrier
serving the airport, as determined by the
Secretary; and
``(ii) in the case of a nonprimary airport,
with at least 65 percent of the owners of
aircraft based at that airport, as determined
by the Secretary.''; and
(B) by striking subparagraph (C).
(b) Terms and Conditions.--Section 47134(c) of title 49, United
States Code, is amended--
(1) by striking paragraphs (4), (5), and (9);
(2) by redesignating paragraphs (6), (7), and (8) as
paragraphs (4), (5), and (6), respectively; and
(3) by adding at the end the following:
``(7) A fee imposed by the airport on an air carrier or
foreign air carrier may not include any portion for a return on
investment or recovery of principal with respect to
consideration paid to a public agency for the lease or sale of
the airport unless that portion of the fee is approved by the
air carrier or foreign air carrier.''.
(c) Participation of Certain Airports.--Section 47134 of title 49,
United States Code, is amended--
(1) by striking subsection (d); and
(2) by redesignating subsections (e) through (m) as
subsections (d) through (l), respectively.
(d) Applicability.--The amendments made by this section shall apply
with respect to an exemption issued to an airport under section 47134
of title 49, United States Code, before, on, or after the date of
enactment of this Act.
(e) Clerical Amendments.--
(1) Section heading.--The section heading for section 47134
of title 49, United States Code, is amended to read as follows:
``Sec. 47134. Private ownership of airports''.
(2) Table of contents.--The table of sections for chapter
471 of title 49, United States Code, is amended by striking the
item relating to section 47134 and inserting the following:
``47134. Private ownership of airports.''.
SEC. 8. PUBLIC TRANSPORTATION.
(a) Definitions.--In this section--
(1) the term ``Administrator'' mean the Administrator of
the Federal Transit Administration;
(2) the term ``covered HOT lane facility'' means any high
occupancy/toll lane facility used by a bus service operated by
a public transportation agency, without regard to whether the
high occupancy/toll lane facility was converted from a high
occupancy vehicle facility;
(3) the term ``eligible project'' means a project carried
out using funding under section 5307 or 5309 of title 49,
United States Code;
(4) the term ``eligible recipient'' means a recipient of
funding under section 5307 or 5309 of title 49, United States
Code;
(5) the term ``experimental program'' means the public-
private partnership experimental program established under
subsection (b); and
(6) the term ``fixed guideway miles'' includes fixed
guideway revenue vehicle-miles, fixed guideway route miles, and
fixed guideway vehicle passenger-miles.
(b) Public-Private Partnership Experimental Program.--
(1) Program established.--The Administrator shall establish
a 6-year public-private partnership experimental program to
encourage eligible recipients to carry out tests and
experimentation in the project development process that are
designed to--
(A) attract private investment in covered projects;
and
(B) increase project management flexibility and
innovation, improve efficiency, allow for timely
project implementation, and create new revenue streams.
(2) Implementation of program.--The experimental program
shall--
(A) except as provided in paragraph (5), identify
any provisions of chapter 53 of title 49, United States
Code, and any regulations or practices thereunder, that
impede greater use of public-private partnerships and
private investment in covered projects; and
(B) develop procedures and approaches that--
(i) address the impediments described in
subparagraph (A), in a manner similar to the
Special Experimental Project Number 15 of the
Federal Highway Administration (commonly
referred to as ``SEP-15''); and
(ii) protect the public interest and any
public investment in covered projects.
(3) Report.--Not later than 2 years after the date of
enactment of this Act, and every 2 years thereafter until the
termination of the experimental program, the Administrator
shall submit to Congress a report on the status of the
experimental program.
(4) Rulemaking.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall issue rules to
carry out the experimental program.
(5) Rule of construction.--Nothing in this subsection may
be construed to allow the Administrator to waive any
requirement under--
(A) section 5333 of title 49, United States Code;
(B) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.); or
(C) any other provision of Federal law not
described in paragraph (2)(A).
(c) Determination of Number of Fixed Guideway Miles.--
(1) In general.--For purposes of apportioning funding under
sections 5307 and 5309 of title 49, United States Code, the
Administrator shall deem covered HOT lane facility miles in an
area to be fixed guideway miles attributable to the area.
(2) Amount apportioned not affected.--Notwithstanding any
other provision of law, the Secretary may not apportion an
amount for an urbanized area under section 5307 or 5309 of
title 49, United States Code, for fiscal year 2012, or any
fiscal year thereafter, that is less than the amount
apportioned for the urbanized area under section 5307 or 5309,
respectively, for fiscal year 2011, if the reduction in amount
is solely attributable to the requirement under paragraph (1).
(3) Availability of funds.--There shall be available from
the Mass Transit Account of the Highway Trust fund for fiscal
year 2012, and each fiscal year thereafter, such sums as are
necessary to carry out this subsection.
SEC. 9. REMOVAL OF CAP ON EXEMPT FACILITY BONDS USED TO FINANCE
QUALIFIED HIGHWAY OR SURFACE FREIGHT TRANSFER FACILITIES.
(a) In General.--Subsection (m) of section 142 of the Internal
Revenue Code of 1986 is amended--
(1) by striking paragraph (2), and
(2) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3).
(b) Effective Date.--The amendments made by this section shall
apply to bonds issued after the date of the enactment of this Act.
SEC. 10. REDUCTION IN ANNUAL ADJUSTMENTS TO PAY SCHEDULES FOR FEDERAL
EMPLOYEES FOR FISCAL YEARS 2013 THROUGH 2021.
For each of fiscal years 2013 through 2021, section 5303(a) of
title 5, United States Code, shall be applied by substituting ``1
percentage point'' for ``one-half of 1 percentage point''.
SEC. 11. FUNDING.
Of the Federal funds saved for the period of fiscal years 2013
through 2021 as a result of the application of section 9 of this Act
and subsections (b) and (c) of section 147 of the Continuing
Appropriations Act, 2011 (Public Law 111-242; 124 Stat. 2607, 124 Stat.
3518)--
(1) such sums as may be necessary to carry out this Act and
any amendments made by this Act shall be deposited into the
Highway Trust Fund; and
(2) the remainder of the funds shall be used for purposes
of deficit reduction.
<all>
Introduced in Senate
Read twice and referred to the Committee on Finance.
Sponsor introductory remarks on measure. (CR S4281)
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