[Congressional Record Volume 159, Number 108 (Thursday, July 25, 2013)]
[Senate]
[Pages S5972-S5977]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1798. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill S. 1243, making appropriations for the Departments of 
Transportation, and Housing and Urban Development, and related agencies 
for the fiscal year ending September 30, 2014, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

                TITLE __--TRANSPORTATION EMPOWERMENT ACT

     SEC. 1. SHORT TITLE.

       This title may be cited as the ``Transportation Empowerment 
     Act''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) the objective of the Federal highway program has been 
     to facilitate the construction of a modern freeway system 
     that promotes efficient interstate commerce by connecting all 
     States;
       (2) that objective has been attained, and the Interstate 
     System connecting all States is near completion;
       (3) each State has the responsibility of providing an 
     efficient transportation network for the residents of the 
     State;
       (4) each State has the means to build and operate a network 
     of transportation systems, including highways, that best 
     serves the needs of the State;
       (5) each State is best capable of determining the needs of 
     the State and acting on those needs;
       (6) the Federal role in highway transportation has, over 
     time, usurped the role of the States by taxing motor fuels 
     used in the States and then distributing the proceeds to the 
     States based on the Federal Government's perceptions of what 
     is best for the States;
       (7) the Federal Government has used the Federal motor fuels 
     tax revenues to force all States to take actions that are not 
     necessarily appropriate for individual States;
       (8) the Federal distribution, review, and enforcement 
     process wastes billions of dollars on unproductive 
     activities;
       (9) Federal mandates that apply uniformly to all 50 States, 
     regardless of the different circumstances of the States, 
     cause the States to waste billions of hard-earned tax dollars 
     on projects, programs, and activities that the States would 
     not otherwise undertake; and
       (10) Congress has expressed a strong interest in reducing 
     the role of the Federal Government by allowing each State to 
     manage its own affairs.
       (b) Purposes.--The purposes of this title are--
       (1) to return to the individual States maximum 
     discretionary authority and fiscal responsibility for all 
     elements of the national surface transportation systems that 
     are not within the direct purview of the Federal Government;
       (2) to preserve Federal responsibility for the Dwight D. 
     Eisenhower National System of Interstate and Defense 
     Highways;
       (3) to preserve the responsibility of the Department of 
     Transportation for--
       (A) design, construction, and preservation of 
     transportation facilities on Federal public land;
       (B) national programs of transportation research and 
     development and transportation safety; and
       (C) emergency assistance to the States in response to 
     natural disasters;
       (4) to eliminate to the maximum extent practicable Federal 
     obstacles to the ability of each State to apply innovative 
     solutions to the financing, design, construction, operation, 
     and preservation of Federal and State transportation 
     facilities; and
       (5) with respect to transportation activities carried out 
     by States, local governments, and the private sector, to 
     encourage--
       (A) competition among States, local governments, and the 
     private sector; and
       (B) innovation, energy efficiency, private sector 
     participation, and productivity.

     SEC. 3. FUNDING LIMITATION.

       Notwithstanding any other provision of law, if the 
     Secretary of Transportation determines for any of fiscal 
     years 2015 through 2019 that the aggregate amount required to 
     carry out transportation programs and projects under this 
     title and amendments made by this title exceeds the estimated 
     aggregate amount in the Highway Trust Fund available for 
     those programs and projects for the fiscal year, each amount 
     made available for such a program or project shall be reduced 
     by the pro rata percentage required to reduce the aggregate 
     amount required to carry out those programs and projects to 
     an amount equal to that available for those programs and 
     projects in the Highway Trust Fund for the fiscal year.

     SEC. 4. FUNDING FOR CORE HIGHWAY PROGRAMS.

       (a) In General.--
       (1) Authorization of appropriations.--The following sums 
     are authorized to be appropriated out of the Highway Trust 
     Fund (other than the Mass Transit Account):
       (A) Federal-aid highway program.--For the national highway 
     performance program under section 119 of title 23, United 
     States Code, the surface transportation program under section 
     133 of that title, the highway safety improvement program 
     under section 148 of that title, the congestion mitigation 
     and air quality improvement program under section 149 of that 
     title, and to carry out section 134 of that title--
       (i) $37,592,576,000 for fiscal year 2015;
       (ii) $19,720,696,000 for fiscal year 2016;
       (iii) $13,147,130,000 for fiscal year 2017;
       (iv) $10,271,196,000 for fiscal year 2018; and
       (v) $7,600,685,000 for fiscal year 2019.
       (B) Emergency relief.--For emergency relief under section 
     125 of that title, $100,000,000 for each of fiscal years 2015 
     through 2019.
       (C) Federal lands programs.--
       (i) Federal lands transportation program.--For the Federal 
     lands transportation program under section 203 of that title, 
     $300,000,000 for each of fiscal years 2015 through 2019, of 
     which $240,000,000 of the

[[Page S5973]]

     amount made available for each fiscal year shall be the 
     amount for the National Park Service and $30,000,000 of the 
     amount made available for each fiscal year shall be the 
     amount for the United States Fish and Wildlife Service.
       (ii) Federal lands access program.--For the Federal lands 
     access program under section 204 of that title, $250,000,000 
     for each of fiscal years 2015 through 2019.
       (D) Administrative expenses.--Section 104(a)(1) of title 
     23, United States Code, is amended to read as follows:
       ``(1) In general.--There are authorized to be appropriated 
     from the Highway Trust Fund (other than the Mass Transit 
     Account) to be made available to the Secretary for 
     administrative expenses of the Federal Highway 
     Administration--
       ``(A) $437,600,000 for fiscal year 2015;
       ``(B) $229,565,000 for fiscal year 2016;
       ``(C) $153,043,000 for fiscal year 2017;
       ``(D) $119,565,000 for fiscal year 2018; and
       ``(E) $88,478,000 for fiscal year 2019.''.
       (2) Transferability of funds.--Section 104 of title 23, 
     United States Code, is amended by striking subsection (f) and 
     inserting the following:
       ``(f) Transferability of Funds.--
       ``(1) In general.--To the extent that a State determines 
     that funds made available under this title to the State for a 
     purpose are in excess of the needs of the State for that 
     purpose, the State may transfer the excess funds to, and use 
     the excess funds for, any surface transportation (including 
     mass transit and rail) purpose in the State.
       ``(2) Enforcement.--If the Secretary determines that a 
     State has transferred funds under paragraph (1) to a purpose 
     that is not a surface transportation purpose as described in 
     paragraph (1), the amount of the improperly transferred funds 
     shall be deducted from any amount the State would otherwise 
     receive from the Highway Trust Fund for the fiscal year that 
     begins after the date of the determination.''.
       (3) Federal-aid system.--
       (A) In general.--Section 103(a) of title 23, United States 
     Code, is amended by striking ``the National Highway System, 
     which includes''.
       (B) Conforming amendments.--Chapter 1 of title 23, United 
     States Code, is amended--
       (i) in section 103 by striking the section designation and 
     heading and inserting the following:

     ``Sec. 103. Federal-aid system''; and

       (ii) in the analysis by striking the item relating to 
     section 103 and inserting the following:

``103. Federal-aid system.''.

       (4) Calculation of state amounts.--Section 104(c) of title 
     23, United States Code, is amended--
       (A) in paragraph (2)--
       (i) in the paragraph heading by striking ``For fiscal year 
     2014'' and inserting ``Thereafter''; and
       (ii) in subparagraph (A) by striking ``fiscal year 2014'' 
     and inserting ``a fiscal year''
       (5) National bridge and tunnel inventory and inspection 
     standards.--
       (A) In general.--Section 144 of title 23, United States 
     Code, is amended--
       (i) in subsection (e)(1) by inserting ``on the Federal-aid 
     system'' after ``any bridge''; and
       (ii) in subsection (f)(1) by inserting ``on the Federal-aid 
     system'' after ``construct any bridge''.
       (B) Repeal of historic bridges provisions.--Section 144(g) 
     of title 23, United States Code, is repealed.
       (6) Repeal of transportation alternatives program.--The 
     following provisions are repealed:
       (A) Section 213 of title 23, United States Code.
       (B) The item relating to section 213 in the analysis for 
     chapter 1 of title 23, United States Code.
       (7) National defense highways.--Section 311 of title 23, 
     United States Code, is amended--
       (A) in the first sentence, by striking ``under subsection 
     (a) of section 104 of this title'' and inserting ``to carry 
     out this section''; and
       (B) by striking the second sentence.
       (8) Federalization and defederalization of projects.--
     Notwithstanding any other provision of law, beginning on 
     October 1, 2014--
       (A) a highway construction or improvement project shall not 
     be considered to be a Federal highway construction or 
     improvement project unless and until a State expends Federal 
     funds for the construction portion of the project;
       (B) a highway construction or improvement project shall not 
     be considered to be a Federal highway construction or 
     improvement project solely by reason of the expenditure of 
     Federal funds by a State before the construction phase of the 
     project to pay expenses relating to the project, including 
     for any environmental document or design work required for 
     the project; and
       (C)(i) a State may, after having used Federal funds to pay 
     all or a portion of the costs of a highway construction or 
     improvement project, reimburse the Federal Government in an 
     amount equal to the amount of Federal funds so expended; and
       (ii) after completion of a reimbursement described in 
     clause (i), a highway construction or improvement project 
     described in that clause shall no longer be considered to be 
     a Federal highway construction or improvement project.
       (9) Reporting requirements.--No reporting requirement, 
     other than a reporting requirement in effect as of the date 
     of enactment of this Act, shall apply on or after October 1, 
     2014, to the use of Federal funds for highway projects by a 
     public-private partnership.
       (b) Expenditures From Highway Trust Fund.--
       (1) Expenditures for core programs.--Section 9503(c) of the 
     Internal Revenue Code of 1986 is amended--
       (A) in paragraph (1)--
       (i) by striking ``October 1, 2014'' and inserting ``October 
     1, 2020''; and
       (ii) by striking ``MAP-21'' and inserting ``Transportation 
     Empowerment Act'';
       (B) in paragraphs (3)(A)(i), (4)(A), and (5), by striking 
     ``October 1, 2016'' each place it appears and inserting 
     ``October 1, 2022''; and
       (C) in paragraph (2), by striking ``July 1, 2017'' and 
     inserting ``July 1, 2023''.
       (2) Amounts available for core program expenditures.--
     Section 9503 of such Code is amended by adding at the end the 
     following:
       ``(g) Core Programs Financing Rate.--For purposes of this 
     section--
       ``(1) In general.--Except as provided in paragraph (2)--
       ``(A) in the case of gasoline and special motor fuels the 
     tax rate of which is the rate specified in section 
     4081(a)(2)(A)(i), the core programs financing rate is--
       ``(i) after September 30, 2014, and before October 1, 2015, 
     18.3 cents per gallon,
       ``(ii) after September 30, 2015, and before October 1, 
     2016, 9.6 cents per gallon,
       ``(iii) after September 30, 2016, and before October 1, 
     2017, 6.4 cents per gallon,
       ``(iv) after September 30, 2017, and before October 1, 
     2018, 5.0 cents per gallon, and
       ``(v) after September 30, 2018, 3.7 cents per gallon, and
       ``(B) in the case of kerosene, diesel fuel, and special 
     motor fuels the tax rate of which is the rate specified in 
     section 4081(a)(2)(A)(iii), the core programs financing rate 
     is--
       ``(i) after September 30, 2014, and before October 1, 2015, 
     24.3 cents per gallon,
       ``(ii) after September 30, 2015, and before October 1, 
     2016, 12.7 cents per gallon,
       ``(iii) after September 30, 2016, and before October 1, 
     2017, 8.5 cents per gallon,
       ``(iv) after September 30, 2017, and before October 1, 
     2018, 6.6 cents per gallon, and
       ``(v) after September 30, 2018, 5.0 cents per gallon.
       ``(2) Application of rate.--In the case of fuels used as 
     described in paragraph (3)(C), (4)(B), and (5) of subsection 
     (c), the core programs financing rate is zero.''.
       (c) Termination of Mass Transit Account.--Section 
     9503(e)(2) of the Internal Revenue Code of 1986 is amended--
       (1) by inserting ``and before October 1, 2014'' after 
     ``March 31, 1983'', and
       (2) by adding at the end the following new paragraph:
       ``(6) Transfer to highway account.--On October 1, 2014, the 
     Secretary shall transfer all amounts in the Mass Transit 
     Account to the Highway Account.''.
       (d) Effective Date.--The amendments and repeals made by 
     this section take effect on October 1, 2014.

     SEC. 5. FUNDING FOR HIGHWAY RESEARCH AND DEVELOPMENT PROGRAM.

       (a) Authorization of Appropriations.--There is authorized 
     to be appropriated out of the Highway Trust Fund (other than 
     the Mass Transit Account) to carry out sections 503(b), 
     503(d), and 509 of title 23, United States Code, $115,000,000 
     for each of fiscal years 2015 through 2019.
       (b) Applicability of Title 23, United States Code.--Funds 
     authorized to be appropriated by subsection (a) shall--
       (1) be available for obligation in the same manner as if 
     those funds were apportioned under chapter 1 of title 23, 
     United States Code, except that the Federal share of the cost 
     of a project or activity carried out using those funds shall 
     be 80 percent, unless otherwise expressly provided by this 
     Act (including the amendments by this Act) or otherwise 
     determined by the Secretary; and
       (2) remain available until expended and not be 
     transferable.

     SEC. 6. RETURN OF EXCESS TAX RECEIPTS TO STATES.

       (a) In General.--Section 9503(c) of the Internal Revenue 
     Code of 1986 is amended by adding at the end the following:
       ``(6) Return of excess tax receipts to states for surface 
     transportation purposes.--
       ``(A) In general.--On the first day of each of fiscal years 
     2016, 2017, 2018, and 2019, the Secretary, in consultation 
     with the Secretary of Transportation, shall--
       ``(i) determine the excess (if any) of--

       ``(I) the amounts appropriated in such fiscal year to the 
     Highway Trust Fund under subsection (b) which are 
     attributable to the taxes described in paragraphs (1) and (2) 
     thereof (after the application of paragraph (4) thereof) over 
     the sum of--
       ``(II) the amounts so appropriated which are equivalent 
     to--

       ``(aa) such amounts attributable to the core programs 
     financing rate for such year, plus
       ``(bb) the taxes described in paragraphs (3)(C), (4)(B), 
     and (5) of subsection (c), and
       ``(ii) allocate the amount determined under clause (i) 
     among the States (as defined in section 101(a) of title 23, 
     United States Code) for surface transportation (including 
     mass transit and rail) purposes so that--

[[Page S5974]]

       ``(I) the percentage of that amount allocated to each 
     State, is equal to
       ``(II) the percentage of the amount determined under clause 
     (i)(I) paid into the Highway Trust Fund in the latest fiscal 
     year for which such data are available which is attributable 
     to highway users in the State.

       ``(B) Enforcement.--If the Secretary determines that a 
     State has used amounts under subparagraph (A) for a purpose 
     which is not a surface transportation purpose as described in 
     subparagraph (A), the improperly used amounts shall be 
     deducted from any amount the State would otherwise receive 
     from the Highway Trust Fund for the fiscal year which begins 
     after the date of the determination.''.
       (b) Effective Date.--The amendment made by this section 
     takes effect on October 1, 2014.

     SEC. 7. REDUCTION IN TAXES ON GASOLINE, DIESEL FUEL, 
                   KEROSENE, AND SPECIAL FUELS FUNDING HIGHWAY 
                   TRUST FUND.

       (a) Reduction in Tax Rate.--
       (1) In general.--Section 4081(a)(2)(A) of the Internal 
     Revenue Code of 1986 is amended--
       (A) in clause (i), by striking ``18.3 cents'' and inserting 
     ``3.7 cents''; and
       (B) in clause (iii), by striking ``24.3 cents'' and 
     inserting ``5.0 cents''.
       (2) Conforming amendments.--
       (A) Section 4081(a)(2)(D) of such Code is amended--
       (i) by striking ``19.7 cents'' and inserting ``4.1 cents'', 
     and
       (ii) by striking ``24.3 cents'' and inserting ``5.0 
     cents''.
       (B) Section 6427(b)(2)(A) of such Code is amended by 
     striking ``7.4 cents'' and inserting ``1.5 cents''.
       (b) Additional Conforming Amendments.--
       (1) Section 4041(a)(1)(C)(iii)(I) of the Internal Revenue 
     Code of 1986 is amended by striking ``7.3 cents per gallon 
     (4.3 cents per gallon after September 30, 2016)'' and 
     inserting ``1.4 cents per gallon (zero after September 30, 
     2021)''.
       (2) Section 4041(a)(2)(B)(ii) of such Code is amended by 
     striking ``24.3 cents'' and inserting ``5.0 cents''.
       (3) Section 4041(a)(3)(A) of such Code is amended by 
     striking ``18.3 cents'' and inserting ``3.7 cents''.
       (4) Section 4041(m)(1) of such Code is amended--
       (A) in subparagraph (A), by striking ``2016'' and inserting 
     ``2021,'';
       (B) in subparagraph (A)(i), by striking ``9.15 cents'' and 
     inserting ``1.8 cents'';
       (C) in subparagraph (A)(ii), by striking ``11.3 cents'' and 
     inserting ``2.3 cents''; and
       (D) by striking subparagraph (B) and inserting the 
     following:
       ``(B) zero after September 30, 2021.''.
       (5) Section 4081(d)(1) of such Code is amended by striking 
     ``4.3 cents per gallon after September 30, 2016'' and 
     inserting ``zero after September 30, 2021''.
       (6) Section 9503(b) of such Code is amended--
       (A) in paragraphs (1) and (2), by striking ``October 1, 
     2016'' both places it appears and inserting ``October 1, 
     2021'';
       (B) in the heading of paragraph (2), by striking ``October 
     1, 2016'' and inserting ``October 1, 2021'';
       (C) in paragraph (2), by striking ``after September 30, 
     2016, and before July 1, 2017'' and inserting ``after 
     September 30, 2021, and before July 1, 2022''; and
       (D) in paragraph (6)(B), by striking ``October 1, 2014'' 
     and inserting ``October 1, 2019''.
       (c) Floor Stock Refunds.--
       (1) In general.--If--
       (A) before October 1, 2019, tax has been imposed under 
     section 4081 of the Internal Revenue Code of 1986 on any 
     liquid; and
       (B) on such date such liquid is held by a dealer and has 
     not been used and is intended for sale;

     there shall be credited or refunded (without interest) to the 
     person who paid such tax (in this subsection referred to as 
     the ``taxpayer'') an amount equal to the excess of the tax 
     paid by the taxpayer over the amount of such tax which would 
     be imposed on such liquid had the taxable event occurred on 
     such date.
       (2) Time for filing claims.--No credit or refund shall be 
     allowed or made under this subsection unless--
       (A) claim therefor is filed with the Secretary of the 
     Treasury before April 1, 2020; and
       (B) in any case where liquid is held by a dealer (other 
     than the taxpayer) on October 1, 2019--
       (i) the dealer submits a request for refund or credit to 
     the taxpayer before January 1, 2020; and
       (ii) the taxpayer has repaid or agreed to repay the amount 
     so claimed to such dealer or has obtained the written consent 
     of such dealer to the allowance of the credit or the making 
     of the refund.
       (3) Exception for fuel held in retail stocks.--No credit or 
     refund shall be allowed under this subsection with respect to 
     any liquid in retail stocks held at the place where intended 
     to be sold at retail.
       (4) Definitions.--For purposes of this subsection, the 
     terms ``dealer'' and ``held by a dealer'' have the respective 
     meanings given to such terms by section 6412 of such Code; 
     except that the term ``dealer'' includes a producer.
       (5) Certain rules to apply.--Rules similar to the rules of 
     subsections (b) and (c) of section 6412 and sections 6206 and 
     6675 of such Code shall apply for purposes of this 
     subsection.
       (d) Effective Dates.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall apply to fuel removed 
     after September 30, 2019.
       (2) Certain conforming amendments.--The amendments made by 
     subsections (b)(4) and (b)(6) shall apply to fuel removed 
     after September 30, 2016.

     SEC. 8. REPORT TO CONGRESS.

       Not later than 180 days after the date of enactment of this 
     Act, after consultation with the appropriate committees of 
     Congress, the Secretary of Transportation shall submit a 
     report to Congress describing such technical and conforming 
     amendments to titles 23 and 49, United States Code, and such 
     technical and conforming amendments to other laws, as are 
     necessary to bring those titles and other laws into 
     conformity with the policy embodied in this Act and the 
     amendments made by this Act.

     SEC. 9. EFFECTIVE DATE CONTINGENT ON CERTIFICATION OF DEFICIT 
                   NEUTRALITY.

       (a) Purpose.--The purpose of this section is to ensure 
     that--
       (1) this Act will become effective only if the Director of 
     the Office of Management and Budget certifies that this Act 
     is deficit neutral;
       (2) discretionary spending limits are reduced to capture 
     the savings realized in devolving transportation functions to 
     the State level pursuant to this Act; and
       (3) the tax reduction made by this Act is not scored under 
     pay-as-you-go and does not inadvertently trigger a 
     sequestration.
       (b) Effective Date Contingency.--Notwithstanding any other 
     provision of this Act, this Act and the amendments made by 
     this Act shall take effect only if--
       (1) the Director of the Office of Management and Budget 
     (referred to in this section as the ``Director'') submits the 
     report as required in subsection (c); and
       (2) the report contains a certification by the Director 
     that, based on the required estimates, the reduction in 
     discretionary outlays resulting from the reduction in 
     contract authority is at least as great as the reduction in 
     revenues for each fiscal year through fiscal year 2019.
       (c) OMB Estimates and Report.--
       (1) Requirements.--Not later than 5 calendar days after the 
     date of enactment of this Act, the Director shall--
       (A) estimate the net change in revenues resulting from this 
     Act for each fiscal year through fiscal year 2019;
       (B) estimate the net change in discretionary outlays 
     resulting from the reduction in contract authority under this 
     Act for each fiscal year through fiscal year 2019;
       (C) determine, based on those estimates, whether the 
     reduction in discretionary outlays is at least as great as 
     the reduction in revenues for each fiscal year through fiscal 
     year 2019; and
       (D) submit to Congress a report setting forth the estimates 
     and determination.
       (2) Applicable assumptions and guidelines.--
       (A) Revenue estimates.--The revenue estimates required 
     under paragraph (1)(A) shall be predicated on the same 
     economic and technical assumptions and score keeping 
     guidelines that would be used for estimates made pursuant to 
     section 252(d) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 (2 U.S.C. 902(d)).
       (B) Outlay estimates.--The outlay estimates required under 
     paragraph (1)(B) shall be determined by comparing the level 
     of discretionary outlays resulting from this Act with the 
     corresponding level of discretionary outlays projected in the 
     baseline under section 257 of the Balanced Budget and 
     Emergency Deficit Control Act of 1985 (2 U.S.C. 907).
       (d) Conforming Adjustment to Discretionary Spending 
     Limits.--On compliance with the requirements specified in 
     subsection (b), the Director shall adjust the adjusted 
     discretionary spending limits for each fiscal year through 
     fiscal year 2019 under section 601(a)(2) of the Congressional 
     Budget Act of 1974 (2 U.S.C. 665(a)(2)) by the estimated 
     reductions in discretionary outlays under subsection 
     (c)(1)(B).
       (e) Pago Interaction.--On compliance with the requirements 
     specified in subsection (b), no changes in revenues estimated 
     to result from the enactment of this Act shall be counted for 
     the purposes of section 252(d) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985 (2 U.S.C. 902(d)).
                                 ______
                                 
  SA 1799. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 1243, making appropriations for the Departments of 
Transportation, and Housing and Urban Development, and related agencies 
for the fiscal year ending September 30, 2014, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 46, between lines 13 and 14, insert the following:
       (d) Section 32906(a) of title 49, United States Code, is 
     amended by striking ``(except an electric automobile)'' and 
     inserting ``(except an electric or natural gas automobile)''.
       (e) The National Highway Traffic Safety Administration may 
     not expend any

[[Page S5975]]

     amounts appropriated under this Act unless chapter 329 of 
     title 49, United States Code, is being enforced in accordance 
     with the amendments made by this section.
                                 ______
                                 
  SA 1800. Mrs. McCASKILL (for herself and Mr. Blunt) submitted an 
amendment intended to be proposed by her to the bill S. 1243, making 
appropriations for the Departments of Transportation, and Housing and 
Urban Development, and related agencies for the fiscal year ending 
September 30, 2014, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 24, between lines 16 and 17, insert the following:
       Sec. 119F. (a) The United States, acting through the 
     Administrator of the Federal Aviation Administration, shall 
     release the City of St. Clair, Missouri, from all 
     restrictions, conditions, and limitations on the use, 
     encumbrance, conveyance, and closure of the St. Clair 
     Regional Airport, as described in the most recent airport 
     layout plan approved by the Federal Aviation Administration, 
     to the extent such restrictions, conditions, and limitations 
     are enforceable by the Administrator.
       (b) The release under subsection (a) shall not be executed 
     until the City of St. Clair, or its designee, transfers to 
     the Department of Transportation of the State of Missouri--
       (1) the amounts described in subsection (c), to be used for 
     capital improvements within the meaning of airport 
     development (as defined in section 47102(3) of title 49, 
     United States Code) and consistent with the obligations of 
     the Department of Transportation of the State of Missouri 
     under the State block grant program of the Federal Aviation 
     Administration; and
       (2) for no consideration, all airport and aviation-related 
     equipment of the St. Clair Regional Airport owned by the City 
     of St. Clair and determined by the Department of 
     Transportation of the State of Missouri to be salvageable for 
     use.
       (c) The amounts described in this subsection are the 
     following:
       (1) An amount equal to the fair market value for the 
     highest and best use of the St. Clair Regional Airport 
     property determined in good faith by an independent and 
     qualified real estate appraiser on or after the date of the 
     enactment of this Act.
       (2) An amount equal to the unamortized portion of any 
     Federal development grants other than land paid to the City 
     of St. Clair for use at the St. Clair Regional Airport, which 
     may be paid with and shall be an allowable use of airport 
     revenue notwithstanding section 47107 or 47133 of title 49, 
     United States Code.
       (3) An amount equal to the airport revenues remaining in 
     the airport account for the St. Clair Regional Airport as of 
     the date of the enactment of this Act and otherwise due to or 
     received by the City of St. Clair after such date of 
     enactment pursuant to sections 47107(b) and 47133 of title 
     49, United States Code.
       (d) The Federal Aviation Administration shall remove the 
     runway end indicator lighting system at St. Clair Regional 
     Airport.
       (e) Nothing in this section shall be construed to limit the 
     applicability of--
       (1) the requirements and processes under section 46319 of 
     title 49, United States Code;
       (2) the requirements under the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.);
       (3) the requirements and processes under part 157 of title 
     14, Code of Federal Regulations; or
       (4) the public notice requirements under section 47107(h) 
     of title 49, United States Code.
                                 ______
                                 
  SA 1801. Mrs. McCASKILL (for herself and Mr. Coburn) submitted an 
amendment intended to be proposed by her to the bill S. 1243, making 
appropriations for the Departments of Transportation, and Housing and 
Urban Development, and related agencies for the fiscal year ending 
September 30, 2014, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PROHIBITION ON PERFORMANCE AWARDS IN THE SENIOR 
                   EXECUTIVE SERVICE.

       (a) Definitions.--In this section, the terms ``agency'' and 
     ``career appointee'' have the meanings given such terms in 
     section 5381 of title 5, United States Code.
       (b) Prohibition.--An agency may not use amounts made 
     available under this Act to pay an award under section 4507 
     or 5384 of title 5, United States Code, to a career appointee 
     during fiscal year 2014.
                                 ______
                                 
  SA 1802. Mr. SCHUMER (for himself, Mr. Cardin, Mrs. Gillibrand, and 
Mr. Menendez) submitted an amendment intended to be proposed by him to 
the bill S. 1243, making appropriations for the Departments of 
Transportation, and Housing and Urban Development, and related agencies 
for the fiscal year ending September 30, 2014, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 26, line 4, insert ``bridge'' before ``projects''.
       On page 26, line 5, insert ``and section 24402 of title 
     49'' after ``title 23''.
       On page 26, line 14, strike ``such title'' and insert 
     ``title 23 or provided under section 24402 of title 49, 
     United States Code, as applicable,''.
       On page 26, line 15, after ``112-141:'' insert ``Provided 
     further, That the Secretary may transfer funds provided under 
     this heading to the Federal Railroad Administration to carry 
     out projects under title 49, United States Code:''.
       On page 26, line 18, strike ``such title'' and insert 
     ``title 23, United States Code, or for projects under title 
     49, United States Code, not less than 80 percent''.
                                 ______
                                 
  SA 1803. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill S. 1243, making appropriations for the Departments of 
Transportation, and Housing and Urban Development, and related agencies 
for the fiscal year ending September 30, 2014, and for other purposes; 
as follows:

       On page 12, between lines 12 and 13, insert the following:
       Sec. 1__.  None of the funds made available under this Act 
     to the Department of Transportation for cyber security may be 
     obligated or expended until the Secretary of Transportation 
     submits to the appropriate committees of Congress a detailed 
     plan describing how the funding will be allocated and for 
     what purposes, including a detailed description of--
       (1) how the cyber security funding will be obligated or 
     expended;
       (2) the programs and activities that will receive cyber 
     security funding;
       (3) if and how the use of the funding complies with the 
     Federal Information Security Management Act of 2002 (6 U.S.C. 
     101 et seq.)and any other applicable Federal law;
       (4) the performance metrics that will be used to measure 
     and determine the effectiveness of cyber security plans and 
     programs; and
       (5) the strategy that will be employed to procure goods and 
     services associated with the cyber security objectives of the 
     Department of Transportation.
                                 ______
                                 
  SA 1804. Ms. COLLINS submitted an amendment intended to be proposed 
by her to the bill S. 1243, making appropriations for the Departments 
of Transportation, and Housing and Urban Development, and related 
agencies for the fiscal year ending September 30, 2014, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. ___.  Not later than October 1, 2013, the Committee on 
     Appropriations of the Senate shall revise the suballocations 
     to the subcommittees of the Committee on Appropriations of 
     the Senate for fiscal year 2014 under section 302(b) of the 
     Congressional Budget Act of 1974 (2 U.S.C. 633(b)) such that 
     the suballocations comply with the discretionary spending 
     limits under the Balanced Budget and Emergency Deficit 
     Control Act of 1985 (2 U.S.C. 900 et seq.).
                                 ______
                                 
  SA 1805. Mr. WICKER submitted an amendment intended to be proposed by 
him to the bill S. 1243, making appropriations for the Departments of 
Transportation, and Housing and Urban Development, and related agencies 
for the fiscal year ending September 30, 2014, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 169, between lines 22 and 23, insert the following:
       Sec. 244.  Funds appropriated or otherwise made available 
     by this title for grants to be awarded by the Secretary of 
     Housing and Urban Development shall be subject to the 
     following accountability provisions:
       (1) Audit requirement.--
       (A) In general.--Beginning in the first fiscal year 
     beginning after the date of the enactment of this title, and 
     in each fiscal year thereafter, the Inspector General of the 
     Department of Housing and Development shall conduct audits of 
     recipients of any grant amounts appropriated or otherwise 
     made available under this title to prevent waste, fraud, and 
     abuse of funds by grantees. The Inspector General shall 
     ensure that at least 10 percent of all grantees receiving 
     grant amounts appropriated or otherwise made available under 
     this title are audited each year.
       (B) Definition.--In this paragraph, the term ``unresolved 
     audit finding'' means a finding in the final audit report of 
     the Inspector General of the Department of Housing and Urban 
     Development that the audited grantee has utilized grant funds 
     for an unauthorized expenditure or otherwise unallowable cost 
     that is not closed or resolved within 12 months from the date 
     when the final audit report is issued.
       (C) Mandatory exclusion.--A recipient of grant amounts 
     appropriated or otherwise made available under this title 
     that is found to have an unresolved audit finding shall not 
     be eligible to receive grant amounts appropriated or 
     otherwise made available under this title during the 
     following 2 fiscal years.

[[Page S5976]]

       (D) Priority.--In awarding amounts appropriated or 
     otherwise made available under this title, the Secretary of 
     Housing and Urban Development shall give priority to eligible 
     entities that did not have an unresolved audit finding during 
     the 3 fiscal years prior to submitting an application for 
     grant amounts appropriated or otherwise made available under 
     this title.
       (E) Reimbursement.--If an entity is awarded grant amounts 
     appropriated or otherwise made available under this title 
     during the 2-fiscal-year period in which the entity is barred 
     from receiving grants under subparagraph (B), the Secretary 
     of Housing and Urban Development shall--
       (i) deposit an amount equal to the grant amounts that were 
     improperly awarded to the grantee into the General Fund of 
     the Treasury; and
       (ii) seek to recoup the costs of the repayment to the fund 
     from the grant recipient that was erroneously awarded grant 
     funds.
       (F) Disclosure.--A recipient of grant amounts appropriated 
     or otherwise made available under this title shall disclose 
     to the Secretary of Housing and Urban Development, in the 
     application for the grant, if the recipient has ever 
     requested that a departing employee or contractor of the 
     recipient sign an agreement, for compensation, delaying or 
     declining to cooperate with any audits or investigations 
     performed by or on behalf of the United States Government 
     relating to use of Federal housing grant amounts.
       (2) Nonprofit organization requirements.--
       (A) Definition.--For purposes of this paragraph and any 
     grant programs described in this title, the term ``nonprofit 
     organization'' means an organization that is described in 
     section 501(c)(3) of the Internal Revenue Code of 1986 and is 
     exempt from taxation under section 501(a) of such Code.
       (B) Prohibition.--The Secretary of Housing and Urban 
     Development may not award any grant amounts appropriated or 
     otherwise made available under this title to a nonprofit 
     organization that holds money in offshore accounts for the 
     purpose of avoiding paying the tax described in section 
     511(a) of the Internal Revenue Code of 1986.
       (C) Disclosure.--Each nonprofit organization that is a 
     recipient of grant amounts appropriated or otherwise made 
     available under this title and uses the procedures prescribed 
     in regulations to create a rebuttable presumption of 
     reasonableness for the compensation of its officers, 
     directors, trustees and key employees, shall disclose to the 
     Secretary of Housing and Urban Development, in the 
     application for the grant, the process for determining such 
     compensation, including the independent persons involved in 
     reviewing and approving such compensation, the comparability 
     data used, and contemporaneous substantiation of the 
     deliberation and decision. Upon request, the Secretary of 
     Housing and Urban Development shall make the information 
     disclosed under this paragraph available for public 
     inspection.
                                 ______
                                 
  SA 1806. Ms. AYOTTE submitted an amendment intended to be proposed by 
her to the bill S. 1243, making appropriations for the Departments of 
Transportation, and Housing and Urban Development, and related agencies 
for the fiscal year ending September 30, 2014, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 24, between lines 16 and 17, insert the following:
       Sec. 119F.  Section 41731 of title 49, United States Code, 
     is amended--
       (1) in subsection (a)(1)--
       (A) by redesignating subparagraphs (C) and (D) as 
     subparagraphs (D) and (E), respectively; and
       (B) by inserting after subparagraph (B) the following:
       ``(C) is located not less than 90 driving miles from the 
     nearest--
       ``(i) medium hub airport or large hub airport; or
       ``(ii) small hub airport that was classified as a medium 
     hub airport or large hub airport during the most recent 5-
     year period;'';
       (2) in subsection (c), by striking ``subparagraphs (B), 
     (C), and (D)'' and inserting ``subparagraphs (B), (C), (D), 
     and (E)'';
       (3) by striking subsection (d) and redesignating 
     subsections (e) and (f) as subsections (d) and (e), 
     respectively; and
       (4) in subsection (d), as redesignated by paragraph (3)--
       (A) by striking ``For fiscal year'' and inserting the 
     following:
       ``(1) Enplanements requirement.--For fiscal year''; and
       (B) by adding at the end the following:
       ``(2) Distance requirement.--The Secretary may waive 
     subsection (a)(1)(C) with respect to a location if the 
     Secretary determines that without the waiver there would be 
     undue difficulty accessing the nearest medium hub airport or 
     large hub airport as a result of geographic characteristics 
     unique to the location.''.
                                 ______
                                 
  SA 1807. Mr. HOEVEN submitted an amendment intended to be proposed by 
him to the bill S. 1243, making appropriations for the Departments of 
Transportation, and Housing and Urban Development, and related agencies 
for the fiscal year ending September 30, 2014, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 24, between lines 16 and 17, insert the following:
       Sec. 119F.  It is the sense of Congress that the Secretary 
     of Transportation should continue the process of drafting 
     regulations on the integration of unmanned aerial systems 
     into the national airspace system while developing the report 
     required by section 119E.
                                 ______
                                 
  SA 1808. Mr. GRAHAM submitted an amendment intended to be proposed by 
him to the bill S. 1243, making appropriations for the Departments of 
Transportation, and Housing and Urban Development, and related agencies 
for the fiscal year ending September 30, 2014, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 188, after line 24, add the following:
       Sec. 422. (a) Funds appropriated for assistance for the 
     Government of Egypt for fiscal year 2014 may only be 
     obligated in the following manner--
       (1) 25 percent of such funds may be made available after 
     enactment of this Act;
       (2) 25 percent of such funds may be made available if the 
     Secretary of State certifies to the appropriate congressional 
     committees that the Government of Egypt is supporting 
     inclusive political processes and institutions, including 
     permitting pro-democracy and other civil society 
     organizations to operate freely, has released political 
     prisoners, and is not prosecuting political cases in military 
     courts;
       (3) 25 percent of such funds may be made available if the 
     Secretary of State certifies to the appropriate congressional 
     committees that credible elections have been conducted in 
     Egypt and a democratically elected government is in place; 
     and
       (4) 25 percent of such funds may be made available if the 
     Secretary of State certifies to the appropriate congressional 
     committees that the newly elected Government of Egypt is 
     taking steps to govern democratically and protect human 
     rights and the rule of law (including the rights of women and 
     religious minorities).
       (b) None of the funds appropriated for assistance for the 
     Government of Egypt in fiscal year 2014 may be made available 
     if such government is not abiding by the 1979 Egypt-Israel 
     Peace Treaty.
       (c) The President shall submit to the appropriate 
     congressional committees, concurrent with the fiscal year 
     2015 budget request, a comprehensive and strategic review of 
     military and economic assistance for Egypt: Provided, That in 
     conducting such review, the President shall consult with 
     relevant Government of Egypt officials and representatives of 
     civil society, and the appropriate congressional committees: 
     Provided further, That such review shall include a detailed 
     description of the purposes of such assistance, and the 
     specific goals and objectives of furthering political, 
     military, and economic reforms in Egypt, including--
       (1) supporting democratic institutions (including an 
     independent legislature and judiciary), an inclusive 
     political process, and regular conduct of free and fair 
     elections at all levels of government;
       (2) promoting the rule of law (including equal access to 
     justice, protection of the rights of women and religious 
     minorities, and anti-corruption efforts);
       (3) supporting economic reforms (including transparent and 
     accountable governance, private sector-led growth and job 
     creation, and trade expansion);
       (4) fostering a vibrant civil society (including free and 
     independent media);
       (5) supporting security sector reform (including civilian 
     police forces); and
       (6) combating terrorism (including eliminating smuggling 
     networks between Egypt and Gaza in the Sinai).
       (d) Notwithstanding any other provision of law, the 
     Secretary of State shall reduce the amount of assistance made 
     available for assistance for Egypt in fiscal year 2014 by an 
     amount the Secretary determines is equivalent to that 
     expended by the United States Government for bail, and by 
     nongovernmental organizations for legal and court fees, 
     associated with democracy-related trials in Egypt.
       (e)(1) The Secretary of State may waive the requirements of 
     subsection (a)(2) not earlier than 3 months after enactment 
     of this Act if the Secretary of State certifies to the 
     appropriate congressional committees that to do so is 
     important to the national security interests of the United 
     States.
       (2) The Secretary of State may waive the requirements of 
     subsection (a)(3) not earlier than 6 months after enactment 
     of this Act if the Secretary certifies to such committees 
     that to do so is important to the national security interests 
     of the United States.
       (f) For purposes of this section, the term ``appropriate 
     congressional committee'' means the Committees on 
     Appropriations and Foreign Relations of the Senate, and the 
     Committees on Appropriations and Foreign Affairs of the House 
     of Representatives.
                                 ______
                                 
  SA 1809. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed by him to the bill S. 1243, making appropriations for the 
Departments of Transportation, and Housing and Urban Development, and 
related

[[Page S5977]]

agencies for the fiscal year ending September 30, 2014, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 169, between lines 22 and 23, insert the following:
       Sec. 244. (a) None of the funds appropriated or otherwise 
     made available under this title may be used by any recipient 
     of such funds to discriminate against any person because that 
     person is a member of the uniformed services.
       (b) Any person or entity, acting in good faith, that has 
     knowledge of any instance in which a recipient of funds under 
     this title has discriminated or is discriminating against a 
     member of the uniformed services may file a complaint against 
     such recipient with the Office of Inspector General for the 
     Department of Housing and Urban Development.
       (c) For purposes of this section, the term ``member of the 
     uniformed services'' means an individual who--
       (1) is a member of--
       (A) the uniformed services (as defined in section 101 of 
     title 10, United States Code); or
       (B) the National Guard in State status under title 32, 
     United States Code; or
       (2) was discharged or released from service in the 
     uniformed services (as so defined) or the National Guard in 
     such status under conditions other than dishonorable.
       (d) Nothing in this section may be construed to prohibit 
     the use or availability of any funds appropriated or 
     otherwise made available under this title for programs, 
     activities, or accounts that assist or provide housing to 
     members of the uniformed services.
                                 ______
                                 
  SA 1810. Mr. WICKER submitted an amendment intended to be proposed by 
him to the bill S. 1243, making appropriations for the Departments of 
Transportation, and Housing and Urban Development, and related agencies 
for the fiscal year ending September 30, 2014, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 169, between lines 22 and 23, insert the following:
       Sec. 244. (a) The Secretary of Housing and Urban 
     Development and the Neighborhood Reinvestment Corporation may 
     not, from any amounts appropriated or otherwise made 
     available under this title for fiscal year 2014, award any 
     discretionary grant amounts to any nonprofit organization 
     that, in any of fiscal years 2009 through 2013--
       (1) provided a compensation package to one or more of its 
     officers at a level exceeding, by at least 25 percent, the 
     maximum basic rate of pay of the Senior Executive Service;
       (2) utilized an average of 12 percent or more of the 
     discretionary grant amounts it received from either the 
     Secretary of Housing and Urban Development or the 
     Neighborhood Reinvestment Corporation for the organization's 
     grant administration expenses (including salaries); and
       (3) had a finding of a significant deficiency or material 
     weakness in any audit of that organization furnished to or 
     conducted on behalf of either the Secretary of Housing and 
     Urban Development or the Neighborhood Reinvestment 
     Corporation in connection with a Federal housing grant award.
       (b) The Secretary of Housing and Urban Development and the 
     Neighborhood Reinvestment Corporation shall each submit a 
     report to the Chair and Ranking Member of the Committee on 
     Appropriations and the Committee on Banking, Housing, and 
     Urban Affairs of the Senate and the Chair and Ranking Member 
     of the Committee on Appropriations and the Committee on 
     Financial Services of the House of Representatives--
       (1) on the number of nonprofit organization grantees 
     meeting the criteria established under subsection (a);
       (2) that summarize the type and amount of Federal housing 
     grants awarded to each such organization, including the 
     percentage of each such grant that was utilized by the 
     organization for grant administration expenses, in each of 
     fiscal years 2009 through 2013; and
       (3) that describe the steps to be taken by the Secretary or 
     the Corporation, as the case may be, to achieve greater cost-
     savings and grant-administration efficiencies in the future, 
     including a plan for requiring future grant recipients to 
     limit their grant administration expenditures to 10 percent 
     of grant funds received from the Secretary or the 
     Corporation, as the case may be.
       (c) For purposes of this section, the term ``nonprofit 
     organization'' means an organization that is described in 
     section 501(c)(3) of the Internal Revenue Code of 1986 and is 
     exempt from taxation under section 501(a) of such Code.
       Sec. 245.  Any amounts saved, reserved, remaining, or 
     otherwise unobligated as a result of the prohibition set 
     forth under section 244, shall be transferred to and 
     appropriated under the heading ``Home Investment Partnerships 
     Program'': Provided, that such amounts shall only be used by 
     the Secretary of Housing and Urban Development to 
     rehabilitate substandard housing of children residing in 
     rural counties with the highest poverty rates.
                                 ______
                                 
  SA 1811. Mr. WHITEHOUSE submitted an amendment intended to be 
proposed by him to the bill S. 1243, making appropriations for the 
Departments of Transportation, and Housing and Urban Development, and 
related agencies for the fiscal year ending September 30, 2014, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 6, between lines 11 and 12, insert the following:

 surface transportation projects of national and regional significance

       For grants to eligible applicants for eligible projects of 
     national and regional significance (as such terms are defined 
     in paragraphs (2) and (3) of section 1301(c) of SAFETEA-LU 
     (23 U.S.C. 101 note)), $500,000,000, to remain available 
     until expended.
                                 ______
                                 
  SA 1812. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill S. 1243, making appropriations for the Departments 
of Transportation, and Housing and Urban Development, and related 
agencies for the fiscal year ending September 30, 2014, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 52, after line 24, add the following:
       Sec. 155. (a) Not later than 1 year after the date of the 
     enactment of this Act, the Administrator of the Federal 
     Railroad Administration shall--
       (1) complete a study of the safety of movable railroad 
     bridges and the transportation of hazardous materials over 
     such bridges; and
       (2) post a report on the Federal Railroad Administration's 
     website that containing the results of such study.
       (b) The study conducted under subsection (a) shall 
     address--
       (1) the adequacy of span locking and its relation to the 
     practice of trains passing over bridges displaying a stop 
     signal; and
       (2) the adequacy of training received by train crews to 
     inspect their route before passing over a bridge displaying a 
     stop signal.

                          ____________________