[Congressional Record Volume 161, Number 118 (Sunday, July 26, 2015)]
[Senate]
[Pages S5738-S5739]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2410. Mrs. GILLIBRAND submitted an amendment intended to be
proposed by her to the bill H.R. 22, to amend the Internal Revenue Code
of 1986 to exempt employees with health coverage under TRICARE or the
Veterans Administration from being taken into account for purposes of
determining the employers to which the employer mandate applies under
the Patient Protection and Affordable Care Act; which was ordered to
lie on the table; as follows:
On page 170, after line 24, insert the following:
SEC. 11210. PROJECT ADMINISTRATION ACCELERATION PILOT
PROGRAM.
(a) Establishment.--
(1) In general.--The Secretary shall carry out a project
acceleration pilot program (referred to in this section as
the ``program'') to allow States to test the ability of local
governments by assigning to the local governments the
administrative responsibilities of direct recipients of
Federal-aid highway funding.
(2) Assumption of responsibility.--
(A) In general.--Subject to the requirements of this
section, a State may assign, and a local government may
assume, the responsibilities of the State with respect to 1
or more highway projects within the jurisdiction of the local
government that are selected for Federal-aid funding through
the transportation planning process in sections 134 and 135
of title 23, United States Code, on the condition that the
responsibilities shall not include any responsibility
assigned to a State under section 326 or 327 of that title.
(B) Written agreement.--An assignment and assumption of
responsibility under subparagraph (A) shall require the
written agreement of the Secretary, the local government, and
the State in which the local government is located, in such
form and including such information and terms as the
Secretary may prescribe.
(C) Procedural, legal, and substantive requirements.--A
local government selected for participation under the program
shall assume responsibility under this section for compliance
with all procedural and substantive requirements that would
apply if that responsibility were carried out by the State,
including requirements related to reporting, right-of-way
acquisition, environment, engineering, civil rights, design
and inspection, procurement, construction administration,
financial administration, performance management, and all
other applicable requirements, unless the local government or
the Secretary determines that assumption of responsibility
for 1 or more of the procedural or substantive requirements
is not appropriate.
(D) Applicability.--Nothing in this section waives or
modifies any requirements or
[[Page S5739]]
provisions applicable to Federal-aid programs or projects,
including the apportionment of funds, suballocation of funds,
and selection of projects.
(b) Participation.--
(1) Number of participating local governments.--The
Secretary shall allow up to 5 local governments to
participate in the program.
(2) Eligibility.--To be eligible for participation in the
program, a local government shall--
(A) have a population of 500,000 or more, according to the
most recent available data from the Bureau of the Census;
(B) demonstrate to the satisfaction of the Secretary that
the local government has the necessary organizational
structure, agreements, processes, controls, and staff to
ensure that project development and delivery meets all
applicable Federal requirements; and
(C) certify that the local government has in place the
necessary financial management systems and processes to carry
out cost accounting, billing, certifications, improper
payments review, recordkeeping, audits, and related
requirements consistent with government-wide requirements
described in sections 200.302 and 200.303 of title 2, Code of
Federal Regulations (or successor regulations).
(3) Application process.--The Secretary shall establish
application requirements for participation in the program.
(4) Selection criteria.--The Secretary may approve an
application under this section if the Secretary determines
the local government meets the requirements of this section
and any other requirement that the Secretary may prescribe,
including any requirement for a pre-audit associated with the
financial management and internal controls of the local
government, necessary to provide reasonable assurance that
the recipient will comply with applicable Federal
requirements.
(c) Oversight.--
(1) Written agreement.--A written agreement under this
section shall--
(A) have an initial term of not more than 5 years; and
(B) require the local government to provide to the
Secretary any information the Secretary considers necessary
to ensure that the local government is carrying out the
requirements of this section.
(2) Audit.--
(A) In general.--To ensure compliance by a local government
participating in the program, the Secretary shall conduct
annual audits during each year of the program.
(B) No limitations.--Subparagraph (A) does not limit the
authority of the Secretary to carry out other oversight
activities relating to the program or to projects or other
activities carried out under the program.
(3) Report to congress.--The Secretary shall submit to
Congress an annual report that describes the administration
of the program, including results of the audits described in
paragraph (2).
(4) Extension.--On request of a participating local
government, the Secretary may extend the participation of the
local government in the program for up to an additional 10
years through an extension of the initial written agreement,
based on a review finding that the local government--
(A) met all requirements of the program; and
(B) ensured timely delivery of projects and proper fiscal
control of Federal funds.
(d) Funding.--Funds for the projects for which local
oversight has been approved shall be--
(1) deducted from the amounts apportioned for appropriate
programs to the State in which the local government is
located; and
(2) transferred to the local government.
(e) Administrative Expenses.--
(1) In general.--On October 1 of each fiscal year for the
duration of the program, the Secretary may set aside up to
$5,000,000 of the funds authorized to be appropriated under
section 1001(a)(1) to carry out this section.
(2) Use of funds.--The Secretary shall use funds set aside
under paragraph (1) for the Federal Highway Administration to
provide oversight of the additional entities.
(f) Termination by Secretary.--The Secretary may terminate
the participation of a local government in the program if--
(1) the Secretary determines that the local government is
not adequately carrying out the responsibilities assumed by
the local government under the program;
(2) the Secretary provides to the local government--
(A) notification of the determination of noncompliance; and
(B) a period of at least 30 days during which to take such
corrective action as the Secretary determines is necessary to
comply with the applicable written agreement; and
(3) the local government, after the notification provided
under paragraph (2), fails to take satisfactory corrective
action, as determined by the Secretary.
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