II 

Calendar No. 214 

112TH CONGRESS 

1ST SESSION S. 1786 

To facilitate job creation by reducing regulatory uncertainty, providing for 

rational evaluation of regulations, providing flexibilities to States and 

localities, providing for infrastructure spending, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 2, 2011 

Mr. HATCH introduced the following bill; which was read twice and ordered 

placed on the calendar 

A BILL 

To facilitate job creation by reducing regulatory uncertainty, 

providing for rational evaluation of regulations, providing 

flexibilities to States and localities, providing for infrastructure spending, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Long-Term Surface Transportation Extension Act of 

6 2011’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents of 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—FEDERAL-AID HIGHWAYS 

Subtitle A—Funding 

Sec. 101. Reconciliation of funds. 

Subtitle B—Extension of Federal-aid Highway Programs 

Sec. 111. Extension of Federal-aid highway programs. 

Subtitle C—Highway Trust Fund Extension 

Sec. 121. Extension of trust fund expenditure authority. 

Sec. 122. Extension of highway-related taxes. 

Subtitle D—Accelerating Project Delivery 

Sec. 131. Project delivery acceleration initiative. 

Sec. 132. Efficiencies in contracting. 

Sec. 133. Application of categorical exclusions for multimodal projects. 

Sec. 134. Integration of planning and environmental review. 

Sec. 135. National Environmental Policy Act process reforms. 

Sec. 136. Clarified eligibility for early acquisition activities prior to completion 

of environmental review process. 

Sec. 137. Surface transportation project delivery program. 

Sec. 138. State assumption of responsibilities for categorical exclusions. 

Sec. 139. Emergency waiver. 

Sec. 140. Cement sector regulatory relief. 

TITLE II—PUBLIC TRANSPORTATION 

Sec. 201. Public transportation. 

TITLE III—EXTENSION OF SURFACE TRANSPORTATION 

PROGRAMS 

Sec. 301. Extension of National Highway Traffic Safety Administration highway safety programs. 

Sec. 302. Extension of Federal Motor Carrier Safety Administration programs. 

Sec. 303. Additional programs. 

TITLE IV—REGULATIONS FROM THE EXECUTIVE IN NEED OF 

SCRUTINY 

Sec. 401. Short title. 

Sec. 402. Findings and purpose. 

Sec. 403. Congressional review of agency rulemaking. 

TITLE V—EPA REGULATORY RELIEF 

Sec. 501. Short title. 

Sec. 502. Legislative stay. 

Sec. 503. Compliance dates. 


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Sec. 504. Energy recovery and conservation. 

Sec. 505. Other provisions. 

TITLE VI—REGULATORY TIME-OUT 

Sec. 601. Short title. 

Sec. 602. Definitions. 

Sec. 603. Time-out period for regulations. 

Sec. 604. Exemptions. 

TITLE VII—RESCISSION OF UNSPENT FEDERAL FUNDS TO 

OFFSET LOSS IN REVENUES 

Sec. 701. Rescission. 

1 TITLE I—FEDERAL-AID 

2 HIGHWAYS 

3 Subtitle A—Funding 

4 SEC. 101. RECONCILIATION OF FUNDS. 

5 The Secretary of Transportation shall reduce the 

6 amount apportioned or allocated for each program, 

7 project, and activity under this Act or an amendment 

8 made by this Act for fiscal year 2012 by amounts appor9 tioned or allocated pursuant to the Surface Transpor10 tation Extension Act of 2011, Part II (Public Law 112– 

11 30; 125 Stat. 343), for the period beginning on October 

12 1, 2011, and ending on March 4, 2012. 

13 Subtitle B—Extension of Federal14 aid Highway Programs 

15 SEC. 111. EXTENSION OF FEDERAL-AID HIGHWAY PRO16 GRAMS. 

17 (a) IN GENERAL.—Section 111 of the Surface Trans18 portation Extension Act of 2011, Part II (125 Stat. 343) 

19 is amended— 


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1 (1) by striking ‘‘for the period beginning on Oc2 tober 1, 2011, and ending on March 31, 2012,’’ each 

3 place it appears and inserting ‘‘for each of fiscal 

4 years 2012 and 2013’’; and 

5 (2) by striking ‘‘1/2 of’’ each place it appears. 

6 (b) AUTHORIZATION DATE.—Section 111(a) of the 

7 Surface Transportation Extension Act of 2011, Part II 

8 (125 Stat. 343) is amended by striking ‘‘March 31, 2012’’ 

9 and inserting ‘‘September 30, 2013’’. 

10 (c) USE OF FUNDS.— 

11 (1) IN GENERAL.—Section 111(c) of the Sur12 face Transportation Extension Act of 2011, Part II 

13 (125 Stat. 343) is amended— 

14 (A) in the heading of paragraph (1), by 

15 striking ‘‘FISCAL YEAR 2012’’ and inserting ‘‘IN

16 GENERAL’’; 

17 (B) in paragraph (2), by striking ‘‘The 

18 amounts’’ and inserting ‘‘For each of fiscal 

19 years 2012 and 2013, the amounts’’; 

20 (C) in paragraph (3)– 

21 (i) in subparagraph (A), by striking 

22 ‘‘included in an Act making appropriations 

23 for fiscal year 2012 or’’ and all that fol24 lows through the period at the end and in25 serting ‘‘included in an Act making approVerDate Mar 15 2010 22:39 Nov 02, 2011 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1786.PCS S1786

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1 priations for the fiscal year, or a portion of 

2 the fiscal year, for which the funds are au3 thorized to be appropriated’’; and 

4 (ii) in subparagraph (B)(ii), by strik5 ing ‘‘only in an amount equal to 

6 $319,500,000’’ and inserting ‘‘only in an 

7 amount equal to $639,000,000’’; and 

8 (D) by striking paragraph (4) and insert9 ing the following: 

10 ‘‘(4) TRANSPORTATION ENHANCEMENTS.— 

11 Funds shall be distributed, administered, limited, 

12 and made available for obligation under paragraph 

13 (1) without regard to section 133(d)(2) of title 23, 

14 United States Code (as in effect on the day before 

15 the date of enactment of the Long-Term Surface 

16 Transportation Extension Act of 2011.’’. 

17 (2) REPEAL.—Section 133(d)(2) of title 23, 

18 United States Code, is repealed. 

19 (d) EXTENSION AND FLEXIBILITY FOR CERTAIN AL20 LOCATED PROGRAMS.—Section 111(d)(3)(B) of the Sur21 face Transportation Extension Act of 2011, Part II (125 

22 Stat. 345) is amended by striking ‘‘Funds made available 

23 in accordance’’ and inserting ‘‘For each of fiscal years 

24 2012 and 2013, funds made available in accordance’’. 


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1 (e) EXTENSION OF AUTHORIZATIONS UNDER TITLE

2 V OF SAFETEA–LU.—Section 111(e)(3)(B) of the Sur3 face Transportation Extension Act of 2011, Part II (125 

4 Stat. 345) is amended by striking ‘‘Funds’’ and inserting 

5 ‘‘For each of fiscal years 2012 and 2013, funds’’. 

6 (f) ADMINISTRATIVE EXPENSES.—Section 112 of the 

7 Surface Transportation Extension Act of 2011, Part II 

8 (125 Stat. 346) is amended by striking ‘‘$196,427,625 for 

9 the period beginning on October 1, 2011, and ending on 

10 March 31, 2012’’ and inserting ‘‘$425,000,000 for each 

11 of fiscal years 2012 and 2013’’. 

12 Subtitle C—Highway Trust Fund 

13 Extension 

14 SEC. 121. EXTENSION OF TRUST FUND EXPENDITURE AU15 THORITY. 

16 (a) HIGHWAY TRUST FUND.—Section 9503 of the 

17 Internal Revenue Code of 1986 is amended— 

18 (1) by striking ‘‘April 1, 2012’’ in subsections 

19 (b)(6)(B), (c)(1), and (e)(3) and inserting ‘‘October 

20 1, 2013’’; and 

21 (2) by striking ‘‘Surface Transportation Exten22 sion Act of 2011, Part II’’ in subsections (c)(1) and 

23 (e)(3) and inserting ‘‘Long-Term Surface Transpor24 tation Extension Act of 2011’’. 


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1 (b) SPORT FISH RESTORATION AND BOATING TRUST

2 FUND.—Section 9504 of the Internal Revenue Code of 

3 1986 is amended— 

4 (1) by striking ‘‘Surface Transportation Exten5 sion Act of 2011, Part II’’ each place it appears in 

6 subsection (b)(2) and inserting ‘‘Long-Term Surface 

7 Transportation Extension Act of 2011’’; and 

8 (2) by striking ‘‘April 1, 2012’’ in subsection 

9 (d)(2) and inserting ‘‘October 1, 2013’’. 

10 (c) LEAKING UNDERGROUND STORAGE TANK TRUST

11 FUND.—Paragraph (2) of section 9508(e) of the Internal 

12 Revenue Code of 1986 is amended by striking ‘‘April 1, 

13 2012’’ and inserting ‘‘October 1, 2013’’. 

14 (d) EFFECTIVE DATE.—The amendments made by 

15 this section shall take effect on April 1, 2012. 

16 SEC. 122. EXTENSION OF HIGHWAY-RELATED TAXES. 

17 (a) IN GENERAL.— 

18 (1) Each of the following provisions of the In19 ternal Revenue Code of 1986 is amended by striking 

20 ‘‘March 31, 2012’’ and inserting ‘‘September 30, 

21 2013’’: 

22 (A) Section 4041(a)(1)(C)(iii)(I). 

23 (B) Section 4041(m)(1)(B). 

24 (C) Section 4081(d)(1). 


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1 (2) Each of the following provisions of such 

2 Code is amended by striking ‘‘April 1, 2012’’ and in3 serting ‘‘October 1, 2013’’: 

4 (A) Section 4041(m)(1)(A). 

5 (B) Section 4051(c). 

6 (C) Section 4071(d). 

7 (D) Section 4081(d)(3). 

8 (b) EXTENSION OF TAX, ETC., ON USE OF CERTAIN

9 HEAVY VEHICLES.—Each of the following provisions of 

10 the Internal Revenue Code of 1986 is amended by striking 

11 ‘‘2012’’ and inserting ‘‘2014’’: 

12 (1) Section 4481(f). 

13 (2) Subsections (c)(4) and (d) of section 4482. 

14 (c) FLOOR STOCKS REFUNDS.—Section 6412(a)(1) 

15 of the Internal Revenue Code of 1986 is amended— 

16 (1) by striking ‘‘April 1, 2012’’ each place it 

17 appears and inserting ‘‘October 1, 2013’’; 

18 (2) by striking ‘‘September 30, 2012’’ each 

19 place it appears and inserting ‘‘March 31, 2014’’; 

20 and 

21 (3) by striking ‘‘July 1, 2012’’ and inserting 

22 ‘‘January 1, 2014’’. 

23 (d) EXTENSION OF CERTAIN EXEMPTIONS.—Sec24 tions 4221(a) and 4483(i) of the Internal Revenue Code 


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1 of 1986 are each amended by striking ‘‘April 1, 2012’’ 

2 and inserting ‘‘October 1, 2013’’. 

3 (e) EXTENSION OF TRANSFERS OF CERTAIN

4 TAXES.— 

5 (1) IN GENERAL.—Section 9503 of the Internal 

6 Revenue Code of 1986 is amended— 

7 (A) in subsection (b)— 

8 (i) by striking ‘‘April 1, 2012’’ each 

9 place it appears in paragraphs (1) and (2) 

10 and inserting ‘‘October 1, 2013’’; 

11 (ii) by striking ‘‘APRIL 1, 2012’’ in the 

12 heading of paragraph (2) and inserting 

13 ‘‘OCTOBER 1, 2013’’; 

14 (iii) by striking ‘‘March 31, 2012’’ in 

15 paragraph (2) and inserting ‘‘September 

16 30, 2013’’; and 

17 (iv) by striking ‘‘January 1, 2013’’ in 

18 paragraph (2) and inserting ‘‘July 1, 

19 2014’’; and 

20 (B) in subsection (c)(2), by striking ‘‘Jan21 uary 1, 2013’’ and inserting ‘‘July 1, 2014’’. 

22 (2) MOTORBOAT AND SMALL-ENGINE FUEL TAX

23 TRANSFERS.— 

24 (A) IN GENERAL.—Paragraphs (3)(A)(i) 

25 and (4)(A) of section 9503(c) of such Code are 


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1 each amended by striking ‘‘April 1, 2012’’ and 

2 inserting ‘‘October 1, 2013’’. 

3 (B) CONFORMING AMENDMENTS TO LAND

4 AND WATER CONSERVATION FUND.—Section 

5 201(b) of the Land and Water Conservation 

6 Fund Act of 1965 (16 U.S.C. 460l–11(b)) is 

7 amended— 

8 (i) by striking ‘‘April 1, 2013’’ each 

9 place it appears and inserting ‘‘October 1, 

10 2014’’; and 

11 (ii) by striking ‘‘April 1, 2012’’ and 

12 inserting ‘‘October 1, 2013’’. 

13 (f) EFFECTIVE DATE.—The amendments made by 

14 this section shall take effect on April 1, 2012. 

15 Subtitle D—Accelerating Project 

16 Delivery 

17 SEC. 131. PROJECT DELIVERY ACCELERATION INITIATIVE. 

18 (a) DECLARATION OF POLICY.—Congress finds 

19 that— 

20 (1) it is in the national interest to enable the 

21 Secretary of Transportation (referred to in this sub22 title as ‘‘the Secretary’’), State departments of 

23 transportation, transit agencies, and all other recipi24 ents of Federal transportation funds— 


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1 (A) to accelerate project delivery accelera2 tion and reduce costs; and 

3 (B) to ensure that the planning, design, 

4 engineering, construction, and financing of 

5 transportation projects is done in an efficient 

6 and effective manner that— 

7 (i) promotes accountability for public 

8 investments; and 

9 (ii) encourages greater private sector 

10 involvement in project financing and deliv11 ery; 

12 (2) delay in the delivery of transportation 

13 projects— 

14 (A) increases project costs; 

15 (B) harms the economy of the United 

16 States; and 

17 (C) impedes the travel of the people of the 

18 United States; and 

19 (3) the Secretary shall identify and promote the 

20 deployment of innovation aimed at reducing the time 

21 and money it takes to deliver transportation projects 

22 while enhancing safety and protecting the environ23 ment. 

24 (b) ESTABLISHMENT OF INITIATIVE.— 


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1 (1) IN GENERAL.—To advance the policy identi2 fied in subsection (a), the Secretary shall carry out 

3 a project delivery acceleration initiative in accord4 ance with this section. 

5 (2) PURPOSES.—The purposes of the project 

6 delivery acceleration initiative shall be— 

7 (A) to develop and advance the use of best 

8 practices to accelerate project delivery and re9 duce costs across all modes of transportation 

10 and expedite the deployment of technology and 

11 innovation; 

12 (B) to implement statutory provisions de13 signed to accelerate project delivery; and 

14 (C) to select eligible projects for applying 

15 experimental features to test innovative project 

16 delivery acceleration techniques. 

17 (3) ADVANCING THE USE OF BEST PRAC18 TICES.— 

19 (A) IN GENERAL.—In carrying out the ini20 tiative under this section, the Secretary shall 

21 identify and advance best practices to reduce 

22 delivery time and project costs, from planning 

23 to construction, for transportation projects and 

24 programs of projects regardless of mode and 

25 project size. 


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1 (B) REQUIREMENT.—To advance the use 

2 of best practices, the Secretary shall— 

3 (i) engage transportation stakeholders 

4 to gather information regarding opportuni5 ties for accelerating project delivery and 

6 reducing costs; 

7 (ii) establish a clearinghouse for the 

8 collection, documentation, and advance9 ment of existing and new innovative ap10 proaches and best practices; 

11 (iii) disseminate information through 

12 a variety of means to transportation stake13 holders on new innovative approaches and 

14 best practices; and 

15 (iv) provide technical assistance to as16 sist transportation stakeholders in the use 

17 of existing flexibilities to resolve project 

18 delays and accelerate project delivery, to 

19 the maximum extent practicable. 

20 (4) IMPLEMENTING STATUTORY PROVISIONS

21 FOR ACCELERATING PROJECT DELIVERY.—The Sec22 retary shall ensure that the provisions of this sub23 title and the amendments made by this subtitle in24 tended to accelerate project delivery are fully imple25 mented, including by— 


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1 (A) compressing the process for drafting 

2 environmental impact statements under the Na3 tional Environmental Policy Act of 1969 (42 

4 U.S.C. 4321 et seq.); 

5 (B) establishing mandatory timeframes for 

6 permitting and approval decisions of other Fed7 eral agencies; 

8 (C) integrating transportation planning 

9 and environmental review of transportation 

10 projects; 

11 (D) expanding eligibility of early acquisi12 tion of property prior to completion of environ13 mental review under the National Environ14 mental Policy Act of 1969 (42 U.S.C. 4321 et 

15 seq.); 

16 (E) allowing the use of the construction 

17 manager or general contractor method of con18 tracting in the Federal-aid highway program; 

19 (F) establishing a demonstration program 

20 to streamline the relocation process by permit21 ting a lump-sum payment for acquisition and 

22 relocation if elected by the displaced occupant; 

23 and 


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1 (G) establishing a pilot program to provide 

2 direct Federal-aid highway funding to local gov3 ernments. 

4 (5) ADVANCING INNOVATIVE PROJECT DELIV5 ERY.—In order to accelerate project delivery and re6 duce costs for transportation projects across all 

7 modes and regardless of project size, to the max8 imum extent practicable, the Secretary shall use the 

9 authority under section 304 of title 49, United 

10 States Code (as amended by section 133(a)). 

11 SEC. 132. EFFICIENCIES IN CONTRACTING. 

12 (a) AUTHORITY.—Section 112(b) of title 23, United 

13 States Code, is amended by adding at the end the fol14 lowing: 

15 ‘‘(4) CONSTRUCTION MANAGER; GENERAL CON16 TRACTOR.— 

17 ‘‘(A) 2-PHASES CONTRACT.— 

18 ‘‘(i) IN GENERAL.—A contracting 

19 agency may award a 2-phase contract to a 

20 construction manager or general contractor 

21 for pre-construction and construction serv22 ices. 

23 ‘‘(ii) PRE-CONSTRUCTION PHASE.—In 

24 the pre-construction phase, the construc25 tion manager shall provide the contracting 


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1 agency with advice for scheduling, work se2 quencing, cost engineering, 

3 constructability, cost estimating, and risk 

4 identification. 

5 ‘‘(iii) PRICE.—Prior to the start of 

6 the second phase, the owner and the con7 struction manager may agree to a price for 

8 the construction of the project or a portion 

9 of the project. 

10 ‘‘(iv) GENERAL CONTRACTOR.—If an 

11 agreement is reached under clause (iii), the 

12 construction manager shall be considered 

13 the general contractor for the construction 

14 of the project at the negotiated schedule 

15 and price. 

16 ‘‘(B) SELECTION.—A contract shall be 

17 awarded to a construction manager or general 

18 contractor using a competitive selection process 

19 under which the contract is awarded on the 

20 basis of qualifications, experience, best value, or 

21 any other combination of factors considered ap22 propriate by the contracting agency. 

23 ‘‘(C) TIMING.— 

24 ‘‘(i) IN GENERAL.—Prior to the com25 pletion of the process required under secVerDate Mar 15 2010 22:39 Nov 02, 2011 Jkt 019200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S1786.PCS S1786

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1 tion 102 of the National Environmental 

2 Policy Act of 1969 (42 U.S.C. 4332), a 

3 contracting agency may— 

4 ‘‘(I) issue requests for proposals; 

5 ‘‘(II) proceed with the award of 

6 the first phase of construction man7 ager or general contractor contract; 

8 and 

9 ‘‘(III) issue notices to proceed 

10 with preliminary design. 

11 ‘‘(ii) COMPLIANCE WITH OTHER

12 LAW.—If the first phase of a construction 

13 manager or general contractor contract fo14 cuses primarily on 1 alternative, the Sec15 retary shall require that the contract in16 clude appropriate provisions to ensure— 

17 ‘‘(I) that the objectives of section 

18 102 of the National Environmental 

19 Policy Act of 1969 (42 U.S.C. 4332) 

20 are achieved; and 

21 ‘‘(II) compliance with other ap22 plicable Federal laws and regulations 

23 occurs. 

24 ‘‘(iii) REQUIREMENT.—A contracting 

25 agency shall not proceed with the award of 


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1 the second phase, and shall not proceed, or 

2 permit any consultant or contractor to pro3 ceed, with final design or construction 

4 until completion of the process required 

5 under section 102 of the National Environ6 mental Policy Act of 1969 (42 U.S.C. 

7 4332). 

8 ‘‘(D) APPLICABILITY.—This paragraph 

9 shall not apply to any project funded under 

10 chapter 53 of title 49.’’. 

11 (b) REGULATIONS.—The Secretary shall promulgate 

12 such regulations as are necessary to carry out the amend13 ments made by this section. 

14 (c) EFFECT ON EXPERIMENTAL PROGRAM.—Nothing 

15 in this section or the amendments made by this section 

16 affects the authority to carry out, or any project carried 

17 out under, any experimental program concerning construc18 tion manager risk that is being carried out by the Sec19 retary as of the date of enactment of this Act. 

20 SEC. 133. APPLICATION OF CATEGORICAL EXCLUSIONS 

21 FOR MULTIMODAL PROJECTS. 

22 (a) IN GENERAL.—Section 304 of title 49, United 

23 States Code, is amended to read as follows: 


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1 ‘‘§ 304. Application of categorical exclusions for 

2 multimodal projects 

3 ‘‘(a) DEFINITIONS.—In this section: 

4 ‘‘(1) AGENCY.—The term ‘agency’ has the 

5 meaning given the term in section 139 of title 23. 

6 ‘‘(2) ENVIRONMENTAL IMPACT STATEMENT.— 

7 The term ‘environmental impact statement’ has the 

8 meaning given the term in section 139 of title 23. 

9 ‘‘(3) ENVIRONMENTAL REVIEW PROCESS.—The 

10 term ‘environmental review process’ has the meaning 

11 given the term in section 139 of title 23. 

12 ‘‘(4) LEAD AGENCY.—The term ‘lead agency’ 

13 means the Department of Transportation and, if ap14 plicable, any State or local governmental agency that 

15 serves as the lead agency for a multimodal project. 

16 ‘‘(5) MULTIMODAL PROJECT.—The term 

17 ‘multimodal project’ has the meaning given the term 

18 in section 139 of title 23. 

19 ‘‘(6) PROJECT.—The term ‘project’ has the 

20 meaning given the term in section 139 of title 23. 

21 ‘‘(7) STATE TRANSPORTATION DEPARTMENT.— 

22 The term ‘State transportation department’ has the 

23 meaning given the term in section 139 of title 23. 

24 ‘‘(b) APPLICABILITY.—Any authority provided in this 

25 section may be exercised for any multimodal project, class 


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1 of projects, or program of projects that is carried out 

2 under this title. 

3 ‘‘(c) APPLICATION OF CATEGORICAL EXCLUSIONS

4 FOR MULTIMODAL PROJECTS.— 

5 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

6 in considering the environmental impacts of a pro7 posed multimodal project, a lead agency may apply 

8 1 or more categorical exclusions under the National 

9 Environmental Policy Act of 1969 (42 U.S.C. 4321 

10 et seq.) to other components of the project carried 

11 out by a participating agency or State transpor12 tation department if the lead agency determines 

13 that— 

14 ‘‘(A) based on regulations or procedures of 

15 the lead agency for determining categorical ex16 clusions, the components of the project that fall 

17 under the modal expertise of the lead agency 

18 satisfy the conditions for 1 or more categorical 

19 exclusions under the National Environmental 

20 Policy Act of 1969 (42 U.S.C. 4321 et seq.); 

21 and 

22 ‘‘(B) the project does not require the prep23 aration of an environmental impact statement. 

24 ‘‘(2) EXCLUSIONS.—Paragraph (1) shall only 

25 apply if— 


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1 ‘‘(A) the multimodal project is funded 

2 under a grant agreement administered by the 

3 lead agency; 

4 ‘‘(B) the multimodal project has compo5 nents that require the expertise of a partici6 pating agency to assess the environmental im7 pacts of the components of the project; 

8 ‘‘(C) each component of the project has 

9 independent utility; 

10 ‘‘(D) the participating agency, in consulta11 tion with the lead agency, determines that, 

12 based on regulations or procedures of the par13 ticipating agency for determining categorical ex14 clusions, 1 or more categorical exclusions under 

15 the National Environmental Policy Act of 1969 

16 (42 U.S.C. 4321 et seq.) applies to the compo17 nents of the project under the modal expertise 

18 of the participating agency; and 

19 ‘‘(E) the lead agency determines that— 

20 ‘‘(i) the project does not individually 

21 or cumulatively have a significant impact 

22 on the environment; and 

23 ‘‘(ii) extraordinary circumstances do 

24 not exist. 

25 ‘‘(d) MODAL COOPERATION.— 


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1 ‘‘(1) IN GENERAL.—At the request of the lead 

2 agency, a participating agency shall provide modal 

3 expertise to a lead agency on any aspect of the 

4 project in which the participating agency has exper5 tise. 

6 ‘‘(2) APPLICABILITY.—A determination of a 

7 participating agency that 1 or more categorical ex8 clusions under the National Environmental Policy 

9 Act of 1969 (42 U.S.C. 4321 et seq.) applies to an 

10 aspect of a multimodal project shall only apply to 

11 the larger multimodal project if, based on regula12 tions or procedures of the participating agency for 

13 determining categorical exclusions, the participating 

14 agency determines that 1 or more categorical exclu15 sions apply to the applicable aspect of a multimodal 

16 project.’’. 

17 (b) CONFORMING AMENDMENT.—The item relating 

18 to section 304 in the analysis for chapter 3 of title 49, 

19 United States Code, is amended to read as follows: 

‘‘Sec. 304. Application of categorical exclusions for multimodal projects’’. 

20 SEC. 134. INTEGRATION OF PLANNING AND ENVIRON21 MENTAL REVIEW. 

22 (a) IN GENERAL.—Chapter 1 of title 23, United 

23 States Code, is amended by adding at the end the fol24 lowing: 


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1 ‘‘§ 167. Integration of planning and environmental re2 view 

3 ‘‘(a) DEFINITIONS.—In this section: 

4 ‘‘(1) ENVIRONMENTAL REVIEW PROCESS.—The 

5 term ‘environmental review process’ has the meaning 

6 given the term in section 139. 

7 ‘‘(2) LEAD AGENCY.—The term ‘lead agency’ 

8 has the meaning given the term in section 139. 

9 ‘‘(3) PLANNING PRODUCT.—The term ‘planning 

10 product’ means any decision, analysis, study, or 

11 other documented result of an evaluation or deci12 sionmaking process that is carried out during trans13 portation planning. 

14 ‘‘(4) PROJECT.—The term ‘project’ has the 

15 meaning given the term in section 139. 

16 ‘‘(5) PROJECT SPONSOR.—The term ‘project 

17 sponsor’ has the meaning given the term in section 

18 139. 

19 ‘‘(b) PURPOSE AND INTENT.—The purpose of this 

20 section is to establish the authority, and provide proce21 dures, for achieving integrated planning and environ22 mental review processes— 

23 ‘‘(1) to enable statewide and metropolitan plan24 ning processes to more effectively serve as the foun25 dation for highway and transit project decisions; 

26 ‘‘(2) to foster better decisionmaking; 


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1 ‘‘(3) to reduce duplicative work; 

2 ‘‘(4) to avoid delays in carrying out transpor3 tation improvements; and 

4 ‘‘(5) to improve transportation and maintain 

5 environmental protections for communities and the 

6 United States. 

7 ‘‘(c) ADOPTION OF PLANNING PRODUCTS FOR USE

8 IN THE ENVIRONMENTAL REVIEW PROCESS.— 

9 ‘‘(1) IN GENERAL.—Subject to paragraph (3) 

10 and notwithstanding any other provision of law, the 

11 Secretary of Transportation, in consultation with 1 

12 or more lead agencies or project sponsors, may 

13 adopt and use any planning product, in whole or in 

14 part, in the environmental review process of a trans15 portation project or program. 

16 ‘‘(2) APPLICABILITY.— 

17 ‘‘(A) IN GENERAL.—Planning decisions 

18 that may be adopted pursuant to this section 

19 include— 

20 ‘‘(i) a purpose and goal for the pro21 posed action, including whether tolling, pri22 vate financial assistance, or other special 

23 financial measures are necessary to imple24 ment the proposed action; 


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1 ‘‘(ii) the location of the travel cor2 ridor; 

3 ‘‘(iii) the modal choice, including 

4 whether to implement corridor or subarea 

5 study recommendations to advance dif6 ferent modal solutions as separate projects 

7 with independent utility; 

8 ‘‘(iv) the elimination of unreasonable 

9 alternatives and the selection of a range of 

10 reasonable alternatives for detailed study 

11 during the environmental review process; 

12 ‘‘(v) a basic description of the envi13 ronmental setting; 

14 ‘‘(vi) the methodology to be used in 

15 the analysis; and 

16 ‘‘(vii) the identification of pro17 grammatic level mitigation for potential 

18 impacts that the Secretary of Transpor19 tation, in conjunction with other applicable 

20 agencies, determines are most effectively 

21 addressed at a regional or national pro22 gram level, including— 

23 ‘‘(I) system-level measures to 

24 avoid, minimize, or mitigate impacts 


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1 of proposed transportation invest2 ments on environmental resources; 

3 ‘‘(II) regional ecosystem needs 

4 and opportunities; and 

5 ‘‘(III) potential mitigation activi6 ties, locations, and investments. 

7 ‘‘(B) PLANNING ANALYSES.—Examples of 

8 planning analyses that may be adopted under 

9 this section include studies of past, current, or 

10 predicted future— 

11 ‘‘(i) travel demands; 

12 ‘‘(ii) regional development and growth 

13 levels; 

14 ‘‘(iii) local land use, growth manage15 ment, and development patterns; 

16 ‘‘(iv) population and employment lev17 els; 

18 ‘‘(v) natural and human environ19 mental conditions; 

20 ‘‘(vi) environmental resources and en21 vironmentally sensitive areas; 

22 ‘‘(vii) potential environmental effects, 

23 including the identification of resources of 

24 concern and potential cumulative effects on 


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1 those resources, as a result of a statewide 

2 or regional cumulative effects assessment; 

3 ‘‘(viii) mitigation needs for a proposed 

4 action or for programmatic level mitigation 

5 for potential effects that the Secretary of 

6 Transportation determines are most effec7 tively addressed at a regional or national 

8 program level; and 

9 ‘‘(ix) safety measures. 

10 ‘‘(3) CONDITIONS.—The adoption and use of a 

11 planning product under this section shall be subject 

12 to a determination by the Secretary of Transpor13 tation, in consultation with appropriate lead agencies 

14 and project sponsors, that— 

15 ‘‘(A) the planning product has been devel16 oped through a planning process carried out 

17 pursuant to applicable Federal law (including 

18 regulations); 

19 ‘‘(B) the planning process includes broad 

20 multidisciplinary consideration of systems-level 

21 or corridor-wide transportation needs and an 

22 analysis of potential effects; 

23 ‘‘(C) during the planning process— 

24 ‘‘(i) notice of the proposed planning 

25 product and planning process has been 


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1 provided through publication or other 

2 means to— 

3 ‘‘(I) each Federal, State, local, 

4 and tribal government that may have 

5 an interest in the proposed project or 

6 program; and 

7 ‘‘(II) members of the general 

8 public; and 

9 ‘‘(ii) the entities described in clause 

10 (i)(I) have been provided an opportunity to 

11 participate in the planning process; 

12 ‘‘(D) prior to determining the scope of the 

13 environmental review process, each lead agency 

14 has made documentation relating to the plan15 ning product available to the entities described 

16 in subparagraph (C)(i)(I); 

17 ‘‘(E) no significant new information or new 

18 circumstance exists that has a reasonable likeli19 hood of affecting the continued validity of the 

20 planning product; 

21 ‘‘(F) the planning product— 

22 ‘‘(i) has a rational basis; 

23 ‘‘(ii) is based on reliable and reason24 ably current data; and 


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1 ‘‘(iii) in the case of an analysis, is 

2 based on reasonable and scientifically ac3 ceptable methodologies; 

4 ‘‘(G) the planning product is documented 

5 in sufficient detail to support the decision or re6 sults of the analysis and to meet any require7 ments for use of the information in the environ8 mental review process; and 

9 ‘‘(H) the planning product is appropriate 

10 for adoption and use in the environmental re11 view process for the project or program. 

12 ‘‘(4) EFFECT OF ADOPTION.— 

13 ‘‘(A) IN GENERAL.—Notwithstanding any 

14 other law, any planning product adopted by the 

15 Secretary of Transportation under this section 

16 shall not be reconsidered or subject to addi17 tional interagency consultation while the envi18 ronmental review process for a project or pro19 gram is being carried out unless the Secretary 

20 of Transportation, in consultation with applica21 ble lead agencies and project sponsors, deter22 mines that there is significant new information 

23 or new circumstances that affect the continued 

24 validity or appropriateness of the adopted plan25 ning product. 


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1 ‘‘(B) TRANSFERABILITY.—A planning 

2 product adopted by the Secretary of Transpor3 tation under this section may be relied on and 

4 used by other Federal agencies in carrying out 

5 an environmental review of a project or pro6 gram. 

7 ‘‘(d) ADMINISTRATION.— 

8 ‘‘(1) IN GENERAL.—The authority granted 

9 under this section shall be broadly construed and 

10 may be applied to any project, class of projects, or 

11 program carried out under this title. 

12 ‘‘(2) APPLICABILITY.— 

13 ‘‘(A) IN GENERAL.—The environmental re14 view process under the National Environmental 

15 Policy Act of 1969 (42 U.S.C. 4321 et seq.) 

16 shall not apply to any transportation planning 

17 process carried out under this title. 

18 ‘‘(B) SCOPE.—If an environmental review 

19 process is commenced as a part of, or concur20 rently with, a transportation planning activity 

21 under this title, the project shall remain exempt 

22 from the applicable provisions of the National 

23 Environmental Policy Act of 1969 (42 U.S.C. 

24 4321 et seq.).’’. 


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1 (b) CONFORMING AMENDMENT.—The analysis for 

2 chapter 1 of title 23, United States Code, is amended by 

3 adding at the end the following: 

‘‘Sec. 167. Integration of planning and environmental review’’. 

4 SEC. 135. NATIONAL ENVIRONMENTAL POLICY ACT PROC5 ESS REFORMS. 

6 Section 139 of title 23, United States Code, is 

7 amended— 

8 (1) in subsection (a)— 

9 (A) in paragraph (5), by striking ‘‘or chap10 ter 53 of title 49’’; 

11 (B) in paragraph (6), by striking ‘‘, public 

12 transportation capital project,’’; 

13 (2) in subsection (c)(3), by striking ‘‘or chapter 

14 53 of title 49’’; 

15 (3) by redesignating subsections (f), (g), (h), 

16 (i), (j), (k), and (l) as subsections (g), (h), (i), (k), 

17 (l), (m), and (n), respectively; 

18 (4) by inserting after subsection (e) the fol19 lowing: 

20 ‘‘(f) SCOPING.— 

21 ‘‘(1) IN GENERAL.—The lead agency shall limit 

22 the scope of documents prepared under the National 

23 Environmental Policy Act of 1969 (42 U.S.C. 4321 

24 et seq.) to the relevant and important environmental 


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1 issues directly relating to decisions with respect to 

2 the proposed action. 

3 ‘‘(2) DECISION.—The Secretary shall determine 

4 the relevant and important issues described in para5 graph (1) to be analyzed after considering informa6 tion in the scoping process. 

7 ‘‘(3) RECONSIDERATION.—The determination of 

8 the Secretary regarding the relevant and important 

9 issues to be analyzed is subject to reconsideration 

10 only if significant new circumstances or information 

11 arise that bear on the proposal or the impacts of the 

12 proposal.’’; 

13 (5) in subsection (g)(4) (as redesignated by 

14 paragraph (3))— 

15 (A) in subparagraph (B)— 

16 (i) by striking ‘‘Following participa17 tion’’ and inserting the following: 

18 ‘‘(i) IN GENERAL.—Following partici19 pation’’; and 

20 (ii) by adding at the end the fol21 lowing: 

22 ‘‘(ii) BASIS FOR SELECTION.—The se23 lection of reasonable alternatives shall be 

24 based upon— 


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1 ‘‘(I) the likely ability of the alter2 natives to satisfy the transportation 

3 elements of the purpose and need for 

4 the project; 

5 ‘‘(II) the likely requirements of 

6 other Federal environmental statutes; 

7 ‘‘(III) costs; 

8 ‘‘(IV) the needs of affected local 

9 governments; 

10 ‘‘(V) whether the alternative is 

11 substantially similar to other alter12 natives selected for detailed study; 

13 and 

14 ‘‘(VI) other circumstances, dis15 cussed in the scoping process, that the 

16 lead agency determines to be relevant 

17 to the particular project, on the condi18 tion that, after the Secretary makes 

19 the determination under subsection (f) 

20 relating to scoping, additional reason21 able alternatives may be selected for 

22 analysis only if the lead agency deter23 mines that significant new informa24 tion justifies expansion of the range of 


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1 reasonable alternatives selected for 

2 analysis.’’; 

3 (B) in subparagraph (C)— 

4 (i) by striking ‘‘The lead agency’’ and 

5 inserting the following: 

6 ‘‘(i) IN GENERAL.—The lead agency’’; 

7 (ii) in clause (i) (as designated by 

8 clause (i)), by striking ‘‘at appropriate 

9 times during the study process’’ and in10 serting ‘‘during scoping or at such other 

11 time during project development as the 

12 lead agency determines to be appro13 priate,’’; and 

14 (iii) by adding at the end the fol15 lowing: 

16 ‘‘(ii) RECONSIDERATION.—A decision 

17 described in clause (i) may be reconsidered 

18 at any time the lead agency determines the 

19 reconsideration to be appropriate.’’; and 

20 (C) in subparagraph (D), by striking ‘‘At 

21 the discretion of the lead agency’’ and inserting 

22 the following: 

23 ‘‘(i) IN GENERAL.—A preferred alter24 native may be identified at any time after 

25 initiation of the scoping process. 


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1 ‘‘(ii) IDENTIFICATION OF PREFERRED

2 ALTERNATIVE.—The draft environmental 

3 impact statement shall identify the pre4 ferred alternative, if any, for a project. 

5 ‘‘(iii) FURTHER DEVELOPMENT.—At 

6 the discretion of the lead agency’’; 

7 (6) in subsection (h) (as so redesignated)— 

8 (A) by striking paragraph (3); and 

9 (B) by redesignating paragraph (4) as 

10 paragraph (3); 

11 (7) in subsection (i) (as so redesignated), by 

12 striking paragraph (4) and inserting the following: 

13 ‘‘(4) ISSUE RESOLUTION.— 

14 ‘‘(A) MEETING OF PARTICIPATING AGEN15 CIES.— 

16 ‘‘(i) IN GENERAL.—On the request of 

17 a Federal agency of jurisdiction, project 

18 sponsor, or the Governor of a State in 

19 which the project is located, the lead agen20 cy shall promptly convene a meeting with 

21 the relevant participating agencies, the 

22 project sponsor, and the Governor (if the 

23 meeting is requested by the Governor) to 

24 resolve issues that could delay completion 

25 of the environmental review process or 


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1 could result in denial of any approvals re2 quired for the project under applicable 

3 laws, including issue resolution relating to 

4 applications for project permits, licenses, 

5 or other approvals referred to in paragraph 

6 (5). 

7 ‘‘(ii) MEETINGS CONVENED BY LEAD

8 AGENCY.—The lead agency may convene 

9 an issue resolution meeting under this sub10 section with the participating agencies and 

11 project sponsor at any time the lead agen12 cy determines a meeting to be appropriate. 

13 ‘‘(iii) TIMING.—A meeting convened 

14 under this subsection at the request of a 

15 Federal agency of jurisdiction, the project 

16 sponsor, or the Governor shall be held not 

17 later than 14 days after the date of receipt 

18 of the request unless the lead agency deter19 mines there is just cause to extend the 

20 time period for a meeting. 

21 ‘‘(B) ELEVATION IF RESOLUTION IS NOT

22 ACHIEVED.— 

23 ‘‘(i) IN GENERAL.—If a resolution is 

24 not achieved by the date that is 30 days 

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1 scribed in subparagraph (A) and the date 

2 of a determination by the lead agency that 

3 all information necessary to resolve the 

4 issue has been obtained, the Secretary— 

5 ‘‘(I) may convene an issue resolu6 tion meeting of the lead agency, the 

7 heads of the relevant participating 

8 agencies, the project sponsor, and the 

9 Governor (if the initial issue resolu10 tion meeting is requested by the Gov11 ernor) to resolve the issues; and 

12 ‘‘(II) in the case of a Federal 

13 agency of jurisdiction that has not 

14 made a decision within the time pe15 riod described in subsection (h)(3)(A), 

16 shall convene an issue resolution 

17 meeting to resolve the issues. 

18 ‘‘(ii) TIMING.—A meeting convened by 

19 the Secretary under this subparagraph 

20 shall be held not later than 30 days after 

21 the end of the 30-day period described in 

22 clause (i) for resolution of issues following 

23 the date of a meeting described in sub24 paragraph (A). 


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1 ‘‘(iii) NOTIFICATION.—The Secretary 

2 shall notify the Committee on Environment 

3 and Public Works of the Senate, the Com4 mittee on Transportation and Infrastruc5 ture of the House of Representatives, and 

6 the Council on Environmental Quality that 

7 a meeting is to be convened under this 

8 paragraph. 

9 ‘‘(5) DEADLINES FOR DECISIONS UNDER

10 OTHER LAWS.—Notwithstanding any other provision 

11 of law (including a regulation)— 

12 ‘‘(A) subject to subparagraph (B), a deci13 sion relating to a transportation project under 

14 any Federal law (including a regulation and any 

15 issuance or denial of a permit, license, or other 

16 approval) shall be made by the Federal agency 

17 of jurisdiction by the later of— 

18 ‘‘(i) the date that is 180 days after 

19 the date on which the Federal lead agency 

20 issues a decision on the project under the 

21 National Environmental Policy Act of 

22 1969 (42 U.S.C. 4321 et seq.) and (if ap23 plicable) section 138 of this title; and 


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1 ‘‘(ii) the date that is 180 days after 

2 the date on which an application is sub3 mitted for the permit, license, or approval; 

4 ‘‘(B) the Secretary may extend the time 

5 for a decision under subparagraph (A) for just 

6 cause; 

7 ‘‘(C) the application for a project permit, 

8 license, or other approval shall be approved by 

9 operation of law without further action by the 

10 Federal agency of jurisdiction if— 

11 ‘‘(i) within the time for a decision 

12 under subparagraph (A), the Federal agen13 cy of jurisdiction has not issued a final de14 cision or obtained concurrence to delay de15 cision by the project sponsor; or 

16 ‘‘(ii) the Federal agency has not 

17 issued a final decision within 30 days, or 

18 such longer time as the Secretary may es19 tablish for just cause, after the conclusion 

20 of a meeting convened by the Secretary 

21 pursuant to paragraph (4)(B); 

22 ‘‘(D) a permit, license, or other approval 

23 approved pursuant to this subsection shall not 

24 be subject to judicial review; and 


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1 ‘‘(E) the Secretary may issue a written 

2 finding verifying the approval of an application, 

3 as submitted to the Federal agency of jurisdic4 tion, in accordance with this subsection.’’; 

5 (8) by inserting after subsection (i) (as so re6 designated) the following: 

7 ‘‘(j) CONSOLIDATED STATEMENTS AND DECI8 SIONS.— 

9 ‘‘(1) IN GENERAL.—In the event that a pre10 ferred alternative is identified in the draft environ11 mental impact statement, and notwithstanding any 

12 other provision of law or regulation, the Secretary 

13 must, to the maximum extent practicable combine a 

14 final environmental impact statement and a record 

15 of decision into a single document following any pub16 lic hearings required by section 128 of this title as 

17 long as, at least 30 days prior to the issuance of the 

18 combined final environmental impact statement and 

19 record of decision, the lead agency gives notice to 

20 the agencies participating in the environmental re21 view process and the public of the proposed decision 

22 of the lead agency. 

23 ‘‘(2) NOTICE CONTENT.—The notice described 

24 in paragraph (1) shall include— 


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1 ‘‘(A) a brief summary description of the 

2 proposed decision, including the anticipated se3 lected alternative and any mitigation commit4 ments that will be required under the decision; 

5 and 

6 ‘‘(B) a deadline of not less than 30 days 

7 after the date on which the participating agency 

8 receives the notice for any predecisional referral 

9 under part 1504 of title 40, Code of Federal 

10 Regulations (or successor regulations). 

11 ‘‘(3) MANNER OF NOTICE.— 

12 ‘‘(A) IN GENERAL.—The lead agency may 

13 give the required notice to agencies by mail, e14 mail, fax, or other commercially acceptable 

15 means that permit confirmation of delivery. 

16 ‘‘(B) PUBLIC NOTICE.—The lead agency 

17 may give the required public notice by means of 

18 publication of the notice in a newspaper of 

19 statewide circulation, in the Federal Register, 

20 or by posting the notice on the website of the 

21 project.’’; 

22 (9) in subsection (l)(1) (as so redesignated)— 

23 (A) by striking ‘‘or chapter 53 of title 49’’; 

24 and 

25 (B) by striking ‘‘or such chapter 53’’; 


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1 (10) in subsection (m) (as so redesignated), by 

2 striking paragraph (2) and inserting the following: 

3 ‘‘(2) RELATIONSHIP TO OTHER STATUTES.—If 

4 any provision of the National Environmental Policy 

5 Act of 1969 (42 U.S.C. 4321 et seq.), any regula6 tion promulgated under that Act, or any other Fed7 eral environmental statute, conflicts with this sec8 tion, the procedures in this section shall take prece9 dence.’’; and 

10 (11) in subsection (n)(1) (as so redesignated), 

11 by striking ‘‘or public transportation capital’’. 

12 SEC. 136. CLARIFIED ELIGIBILITY FOR EARLY ACQUISITION 

13 ACTIVITIES PRIOR TO COMPLETION OF ENVI14 RONMENTAL REVIEW PROCESS. 

15 (a) ACQUISITION OF REAL PROPERTY.—Notwith16 standing any other provision of law, the acquisition of real 

17 property in anticipation of a federally assisted or federally 

18 approved surface transportation project that may use the 

19 real property is not prohibited prior to the date on which 

20 the environmental review process under the National Envi21 ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 

22 for the surface transportation project is completed, subject 

23 to the conditions that the acquisition does not have an 

24 adverse environmental effect or limit the choice of reason25 able alternatives for the proposed project. 


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1 (b) EARLY ACQUISITION OF REAL PROPERTY INTER2 ESTS FOR HIGHWAYS.—Section 108 of title 23, United 

3 States Code, is amended— 

4 (1) in the section heading, by inserting ‘‘IN5 TERESTS’’ after ‘‘REAL PROPERTY’’; 

6 (2) in subsection (a), by inserting ‘‘interests’’ 

7 after ‘‘real property’’ each place it appears; 

8 (3) in subsection (b), by striking ‘‘rights-of9 way’’ and inserting ‘‘real property interests’’; 

10 (4) in subsection (c)— 

11 (A) in the subsection heading, by striking 

12 ‘‘RIGHTS-OF-WAY’’ and inserting ‘‘REAL PROP13 ERTY INTERESTS’’; 

14 (B) in paragraph (1)— 

15 (i) in the matter preceding subpara16 graph (A), by inserting ‘‘at any time’’ after 

17 ‘‘may be used’’; and 

18 (ii) in subparagraph (A)— 

19 (I) by striking ‘‘acquisition of 

20 rights-of-way’’ and inserting ‘‘acquisi21 tion of real property interests’’; and 

22 (II) by striking ‘‘, if the rights23 of-way are subsequently incorporated 

24 into a project eligible for surface 

25 transportation program funds’’; and 


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1 (C) by striking paragraph (2) and insert2 ing the following: 

3 ‘‘(2) TERMS AND CONDITIONS.— 

4 ‘‘(A) IN GENERAL.—Subject to the other 

5 provisions in this section, a public authority 

6 may acquire real property that may be used for 

7 a project prior to the date on which the envi8 ronmental review process under the National 

9 Environmental Policy Act of 1969 (42 U.S.C. 

10 4321 et seq.) for the project is completed. 

11 ‘‘(B) CONDITIONS.—An acquisition de12 scribed in subparagraph (A) may be authorized 

13 by project agreement and shall be eligible for 

14 Federal-aid reimbursement as a project expense 

15 if the Secretary finds that the acquisition— 

16 ‘‘(i) does not cause any significant ad17 verse environmental impact; 

18 ‘‘(ii) does not limit the choice of rea19 sonable alternatives for the project or oth20 erwise influence the decision of the Sec21 retary on any approval required for the 

22 project; 

23 ‘‘(iii) is consistent with the State 

24 transportation planning process under sec25 tion 135; 


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1 ‘‘(iv) complies with other applicable 

2 Federal laws (including regulations); 

3 ‘‘(v) is carried out through negotia4 tion, without the threat of condemnation; 

5 and 

6 ‘‘(vi) together with any relocation as7 sistance provided, complies with— 

8 ‘‘(I) the Uniform Relocation As9 sistance and Real Property Acquisi10 tion Policies Act of 1970 (42 U.S.C. 

11 4601 et seq.); and 

12 ‘‘(II) title VI of the Civil Rights 

13 Act of 1964 (42 U.S.C. 2000d et 

14 seq.). 

15 ‘‘(C) DEVELOPMENT.—Real property ac16 quired under this subsection may not be devel17 oped in anticipation of the project until the date 

18 on which all required environmental reviews for 

19 the project have been completed. 

20 ‘‘(D) REIMBURSEMENT.—If Federal-aid 

21 reimbursement is made for early acquired real 

22 property under this subsection and the property 

23 is not incorporated into a project eligible for 

24 surface transportation funds in the time period 

25 described in subsection (a)(2), the Secretary 


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1 shall offset the amount so reimbursed against 

2 funds apportioned to the State. 

3 ‘‘(E) OTHER CONDITIONS.—The Secretary 

4 may establish such other conditions or restric5 tions on the acquisition of real property under 

6 this section as the Secretary determines to be 

7 necessary.’’. 

8 SEC. 137. SURFACE TRANSPORTATION PROJECT DELIVERY 

9 PROGRAM. 

10 (a) IN GENERAL.—Section 327 of title 23, United 

11 States Code, is amended— 

12 (1) in the section heading, by striking 

13 ‘‘PILOT’’; and 

14 (2) by striking ‘‘pilot’’ each place it appears. 

15 (b) ESTABLISHMENT.—Section 327(a)(2) of title 23, 

16 United States Code, is amended— 

17 (1) in subparagraph (B), by striking clause (ii) 

18 and inserting the following: 

19 ‘‘(ii) the Secretary may not assign any 

20 responsibility imposed on the Secretary by 

21 section 134 or 135;’’; and 

22 (2) by adding at the end the following: 

23 ‘‘(F) SOVEREIGN IMMUNITY.—By exe24 cuting an agreement with the Secretary and asVerDate Mar 15 2010 22:39 Nov 02, 2011 Jkt 019200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\S1786.PCS S1786

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1 suming the responsibilities of the Secretary 

2 under this section, a State— 

3 ‘‘(i) waives the sovereign immunity of 

4 the State under the Eleventh Amendment 

5 of the Constitution of the United States 

6 from any civil action brought in a Federal 

7 court; and 

8 ‘‘(ii) expressly consents to accept the 

9 jurisdiction of the Federal courts with re10 spect to any action relating to the compli11 ance, discharge, and enforcement of any 

12 responsibility of the Secretary that the 

13 State assumes.’’. 

14 (c) STATE PARTICIPATION.—Section 327(b) of title 

15 23, United States Code, is amended— 

16 (1) by striking paragraph (1); 

17 (2) by redesignating paragraphs (2) through 

18 (5) as paragraphs (1) through (4), respectively; and 

19 (3) in paragraph (3)(A) (as redesignated by 

20 paragraph (2)), by striking ‘‘paragraph (2)’’ and in21 serting ‘‘paragraph (1)’’. 

22 (d) WRITTEN AGREEMENT.—Section 327(c) of title 

23 23, United States Code, is amended— 

24 (1) in paragraph (3), by striking the period at 

25 the end and inserting a semicolon; and 


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1 (2) by adding at the end the following: 

2 ‘‘(4) require the State to provide to the Sec3 retary any information the Secretary determines to 

4 be necessary to ensure that the State is adequately 

5 carrying out the responsibilities assigned to the 

6 State, including periodic written reports; and 

7 ‘‘(5) require the Secretary— 

8 ‘‘(A) after a period of 5 years, to evaluate 

9 the ability of the State to carry out the respon10 sibilities assumed under this section; 

11 ‘‘(B) if the Secretary determines that the 

12 State is not ready to effectively carry out the 

13 responsibilities the State has assumed, to re14 evaluate the readiness of the State by not later 

15 than 3 years after the initial evaluation under 

16 subparagraph (A) and every 3 years thereafter, 

17 until the Secretary determines that the State is 

18 ready to assume those responsibilities on a per19 manent basis; and 

20 ‘‘(C) after the Secretary has determined 

21 under subparagraph (A) or (B) that the State 

22 is ready to permanently assume the responsibil23 ities under this section, to notify the State— 

24 ‘‘(i) of that determination; and 


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1 ‘‘(ii) that no further evaluations shall 

2 be required.’’. 

3 (e) AUDITS.—Section 327 of title 23, United States 

4 Code is amended— 

5 (1) by striking subsection (g); and 

6 (2) by redesignating subsections (h) and (i) as 

7 (g) and (h), respectively. 

8 (f) TERMINATION.—Section 327(h) of title 23, 

9 United States Code (as redesignated by subsection (e)(2)), 

10 is amended— 

11 (1) by striking paragraph (1); 

12 (2) by redesignating paragraph (2) as para13 graph (1); and 

14 (3) by inserting after paragraph (1) (as redesig15 nated by paragraph (2)) the following: 

16 ‘‘(2) TERMINATION BY STATE.—Subject to such 

17 terms and conditions as the Secretary may specify, 

18 the State may terminate the participation of the 

19 State in the program at any time by providing notice 

20 of the termination to the Secretary not later than 90 

21 days before the State intends to terminate that par22 ticipation.’’. 

23 (g) CONFORMING AMENDMENT.—The analysis for 

24 chapter 3 of title 23, United States Code, is amended by 


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1 striking the item relating to section 327 and inserting the 

2 following: 

‘‘327. Surface transportation project delivery program’’. 

3 SEC. 138. STATE ASSUMPTION OF RESPONSIBILITIES FOR 

4 CATEGORICAL EXCLUSIONS. 

5 Section 326(a) of title 23, United States Code, is 

6 amended by adding at the end the following: 

7 ‘‘(4) STATE ASSUMPTION OF RESPONSIBILITIES

8 FOR CATEGORICAL EXCLUSIONS.— 

9 ‘‘(A) SOVEREIGN IMMUNITY.—By exe10 cuting a memorandum of understanding with 

11 the Secretary under subsection (c) and assum12 ing the responsibilities of the Secretary under 

13 this section, a State— 

14 ‘‘(i) waives the sovereign immunity of 

15 the State under the Eleventh Amendment 

16 of the Constitution of the United States 

17 from any civil action brought in a Federal 

18 court; and 

19 ‘‘(ii) expressly consents to accept the 

20 jurisdiction of the Federal courts with re21 spect to any action relating to the compli22 ance, discharge, and enforcement of any 

23 responsibility of the Secretary that the 

24 State assumes. 


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1 ‘‘(B) TERMINATION BY STATE.—Subject to 

2 such terms and conditions as the Secretary may 

3 specify, the State may terminate the participa4 tion of the State in the program at any time by 

5 providing notice of the termination to the Sec6 retary not later than 90 days before the State 

7 intends to terminate that participation.’’. 

8 SEC. 139. EMERGENCY WAIVER. 

9 Any road, highway, or bridge that is in operation for 

10 fewer than 30 years or that is under construction, and 

11 that is damaged by major disaster or emergency declared 

12 by the Governor of the State and concurred in by the Sec13 retary, or declared by the President pursuant to the Rob14 ert T. Stafford Disaster Relief and Emergency Assistance 

15 Act (42 U.S.C. 5121)— 

16 (1) may be reconstructed in the same location 

17 with the same capacity, dimensions, and design as 

18 before the disaster or emergency; and 

19 (2) shall be exempt from any environmental re20 views, approvals, licensing, and permit requirements 

21 under— 

22 (A) the National Historic Preservation Act 

23 (16 U.S.C. 470 et seq.); 

24 (B) the Migratory Bird Treaty Act (16 

25 U.S.C. 703 et seq.); 


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1 (C) the Fish and Wildlife Coordination Act 

2 (16 U.S.C. 661 et seq.); 

3 (D) the Wild and Scenic Rivers Act (16 

4 U.S.C. 1271 et seq.); 

5 (E) the Endangered Species Act of 1973 

6 (16 U.S.C. 1531 et seq.), except when the re7 construction occurs in designated critical habi8 tat for threatened and endangered species; 

9 (F) sections 402 and 404 of the Federal 

10 Water Pollution Control Act (33 U.S.C. 1342, 

11 1344); 

12 (G) the National Environmental Policy Act 

13 of 1969 (42 U.S.C. 4321 et seq.); 

14 (H) Executive Order 11990 (42 U.S.C. 

15 4321 note; relating to the protection of wet16 land); and 

17 (I) any Federal law (including regulations) 

18 requiring no net loss of wetland. 

19 SEC. 140. CEMENT SECTOR REGULATORY RELIEF. 

20 (a) ESTABLISHMENT OF STANDARDS.—In lieu of the 

21 rules specified in subsection (b), and notwithstanding the 

22 date by which those rules would otherwise be required to 

23 be promulgated, the Administrator of the Environmental 

24 Protection Agency (referred to in this section as the ‘‘Ad25 ministrator’’) shall— 


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1 (1) propose regulations for the Portland cement 

2 manufacturing industry and Portland cement plants 

3 that are subject to any of the rules specified in sub4 section (b) that— 

5 (A) establish maximum achievable control 

6 technology standards, performance standards, 

7 and other requirements under sections 112 and 

8 129, as applicable, of the Clean Air Act (42 

9 U.S.C. 7412, 7429); and 

10 (B) identify nonhazardous secondary mate11 rials that, when used as fuels in combustion 

12 units of that industry and those plants, qualify 

13 as solid waste under the Solid Waste Disposal 

14 Act (42 U.S.C. 6901 et seq.) for purposes of 

15 determining the extent to which the combustion 

16 units are required to meet the emission stand17 ards under section 112 or 129 of the Clean Air 

18 Act (42 U.S.C. 7412, 7429); and 

19 (2) promulgate final versions of those regula20 tions by not later than— 

21 (A) the date that is 15 months after the 

22 date of enactment of this Act; or 

23 (B) such later date as may be determined 

24 by the Administrator. 

25 (b) STAY OF EARLIER RULES.— 


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1 (1) PORTLAND-SPECIFIC RULES.—The final 

2 rule entitled ‘‘National Emission Standards for Haz3 ardous Air Pollutants from the Portland Cement 

4 Manufacturing Industry and Standards of Perform5 ance for Portland Cement Plants’’ (75 Fed. Reg. 

6 54970 (September 9, 2010)) shall be— 

7 (A) of no force or effect; 

8 (B) treated as though the rule had never 

9 taken effect; and 

10 (C) replaced in accordance with subsection 

11 (a). 

12 (2) OTHER RULES.— 

13 (A) IN GENERAL.—The final rules de14 scribed in subparagraph (B), to the extent that 

15 those rules apply to the Portland cement manu16 facturing industry and Portland cement plants 

17 shall be— 

18 (i) of no force or effect; 

19 (ii) treated as though the rules had 

20 never taken effect; and 

21 (iii) replaced in accordance with sub22 section (a). 

23 (B) DESCRIPTION OF RULES.—The final 

24 rules described in this subparagraph are— 


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1 (i) the final rule entitled ‘‘Standards 

2 of Performance for New Stationary 

3 Sources and Emission Guidelines for Ex4 isting Sources: Commercial and Industrial 

5 Solid Waste Incineration Units’’ (76 Fed. 

6 Reg. 15704 (March 21, 2011)); and 

7 (ii) the final rule entitled ‘‘Identifica8 tion of Non-Hazardous Secondary Mate9 rials That Are Solid Waste’’ (76 Fed. Reg. 

10 15456 (March 21, 2011)). 

11 (c) ESTABLISHMENT OF COMPLIANCE DATES.—For 

12 each regulation promulgated pursuant to subsection (a), 

13 the Administrator— 

14 (1) shall establish a date for compliance with 

15 standards and requirements under the regulation 

16 that is, notwithstanding any other provision of law, 

17 not earlier than 5 years after the effective date of 

18 the regulation; and 

19 (2) in proposing a date for that compliance, 

20 shall take into consideration— 

21 (A) the costs of achieving emission reduc22 tions; 

23 (B) any nonair quality health and environ24 mental impacts and energy requirements of the 

25 standards and requirements; 


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1 (C) the feasibility of implementing the 

2 standards and requirements, including the time 

3 necessary— 

4 (i) to obtain necessary permit approv5 als; and 

6 (ii) to procure, install, and test con7 trol equipment; 

8 (D) the availability of equipment, sup9 pliers, and labor, given the requirements of the 

10 regulation and other proposed or finalized regu11 lations of the Administrator; and 

12 (E) potential net employment impacts. 

13 (d) NEW SOURCES.—The date on which the Adminis14 trator proposes a regulation pursuant to subsection (a)(1) 

15 establishing an emission standard under section 112 or 

16 129 of the Clean Air Act (42 U.S.C. 7412, 7429) shall 

17 be treated as the date on which the Administrator first 

18 proposes such a regulation for purposes of applying— 

19 (1) the definition of the term ‘‘new source’’ 

20 under section 112(a)(4) of that Act (42 U.S.C. 

21 7412(a)(4)); or 

22 (2) the definition of the term ‘‘new solid waste 

23 incineration unit’’ under section 129(g)(2) of that 

24 Act (42 U.S.C. 7429(g)(2)). 


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1 (e) RULE OF CONSTRUCTION.—Nothing in this sec2 tion restricts or otherwise affects paragraphs (3)(B) and 

3 (4) of section 112(i) of the Clean Air Act (42 U.S.C. 

4 7412(i)). 

5 (f) ENERGY RECOVERY AND CONSERVATION.—Not6 withstanding any other provision of law, and to ensure the 

7 recovery and conservation of energy consistent with the 

8 Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), in pro9 mulgating regulations under subsection (a) addressing the 

10 subject matter of the rules specified in subsection (b)(2), 

11 the Administrator shall— 

12 (1) adopt the definitions of the terms ‘‘commer13 cial and industrial solid waste incineration unit’’, 

14 ‘‘commercial and industrial waste’’, and ‘‘contained 

15 gaseous material’’ in the rule entitled ‘‘Standards 

16 for Performance of New Stationary Sources and 

17 Emission Guidelines for Existing Sources: Commer18 cial and Industrial Solid Waste Incineration Units’’ 

19 (65 Fed. Reg. 75338 (December 1, 2000)); and 

20 (2) identify nonhazardous secondary material to 

21 be solid waste (as defined in section 1004 of the 

22 Solid Waste Disposal Act (42 U.S.C. 6903)) only 

23 if— 

24 (A) the material meets that definition of 

25 commercial and industrial waste; or 


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1 (B) if the material is a gas, the material 

2 meets that definition of contained gaseous ma3 terial. 

4 (g) ESTABLISHMENT OF STANDARDS ACHIEVABLE IN

5 PRACTICE.—In promulgating regulations under sub6 section (a), the Administrator shall ensure, to the max7 imum extent practicable, that emission standards for ex8 isting and new sources established under section 112 or 

9 129 of the Clean Air Act (42 U.S.C. 7412, 7429), as ap10 plicable, can be met under actual operating conditions con11 sistently and concurrently with emission standards for all 

12 other air pollutants covered by regulations applicable to 

13 the source category, taking into account— 

14 (1) variability in actual source performance; 

15 (2) source design; 

16 (3) fuels; 

17 (4) inputs; 

18 (5) controls; 

19 (6) ability to measure the pollutant emissions; 

20 and 

21 (7) operating conditions. 

22 (h) REGULATORY ALTERNATIVES.—For each regula23 tion promulgated under subsection (a), from among the 

24 range of regulatory alternatives authorized under the 

25 Clean Air Act (42 U.S.C. 7401 et seq.), including work 


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1 practice standards under section 112(h) of that Act (42 

2 U.S.C. 7412(h)), the Administrator shall impose the least 

3 burdensome, consistent with the purposes of that Act and 

4 Executive Order 13563 (76 Fed. Reg. 3821 (January 21, 

5 2011)). 

6 TITLE II—PUBLIC 

7 TRANSPORTATION 

8 SEC. 201. PUBLIC TRANSPORTATION. 

9 (a) EXTENSION FOR PUBLIC TRANSPORTATION.— 

10 Except as otherwise provided in this section, requirements, 

11 authorities, conditions, eligibilities, limitations, and other 

12 provisions authorized under title III of the SAFETEA– 

13 LU (Public Law 109–59; 119 Stat. 2022), title III of the 

14 Intermodal Surface Transportation Efficiency Act of 1991 

15 (Public Law 102–240; 105 Stat. 2087), title III of the 

16 Transportation Equity Act for the 21st Century (Public 

17 Law 105–178; 112 Stat. 338), and chapter 53 of title 49, 

18 United States Code, which would otherwise expire on or 

19 cease to apply after March 31, 2012, are incorporated by 

20 reference and shall continue in effect until September 30, 

21 2013. 

22 (b) AUTHORIZATION OF APPROPRIATIONS.— 

23 (1) MASS TRANSIT ACCOUNT.—There shall be 

24 available from the Mass Transit Account of the 

25 Highway Trust Fund for each of fiscal years 2012 


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1 and 2013, an amount equal to the total amount au2 thorized to be appropriated out of the Mass Transit 

3 Account of the Highway Trust Fund for programs, 

4 projects, and activities for fiscal year 2011 under 

5 the SAFETEA–LU (Public Law 109–59) and under 

6 chapter 53 of title 49, United States Code. 

7 (2) GENERAL FUND.—There is authorized to be 

8 appropriated from the General Fund of the Treasury 

9 for each of fiscal years 2012 and 2013, an amount 

10 equal to the total amount authorized to be appro11 priated from the General Fund of the Treasury for 

12 programs, projects, and activities for fiscal year 

13 2011 under the SAFETEA–LU (Public Law 109– 

14 59) and under chapter 53 of title 49, United States 

15 Code. 

16 (c) CONTRACT AUTHORITY.—Funds made available 

17 under this section from the Mass Transit Account of the 

18 Highway Trust Fund shall be available for obligation in 

19 the same manner as provided for under section 5338(f)(1) 

20 of title 49, United States Code. 

21 (d) USE OF FUNDS.—Funds authorized to be appro22 priated or made available for obligation and expended 

23 under this section shall be distributed, administered, lim24 ited, and made available for obligation in the same manner 

25 and at the same rate as funds authorized to be approVerDate Mar 15 2010 22:39 Nov 02, 2011 Jkt 019200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\S1786.PCS S1786

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1 priated or made available for fiscal year 2011 to carry out 

2 programs, projects, activities, eligibilities, and require3 ments under the SAFETEA–LU (Public Law 109–59), 

4 title III of the Intermodal Surface Transportation Effi5 ciency Act of 1991 (Public Law 102–240; 105 Stat. 

6 2087), title III of the Transportation Equity Act for the 

7 21st Century (Public Law 105–178; 112 Stat. 338), and 

8 chapter 53 of title 49, United States Code, including sec9 tion 5338(f)(1) of such title 49. 

10 (e) DISTRIBUTION OF FUNDS UNDER TITLE III OF

11 SAFETEA-LU.—Funds authorized to be appropriated or 

12 made available for programs continued under this section 

13 shall be distributed to those programs in the same propor14 tion as funds were allocated for those programs for fiscal 

15 year 2011, except that any designations for specific activi16 ties in sections 3044 and 3046 of the SAFETEA–LU 

17 shall not be required to be continued. 

18 (f) DISADVANTAGED BUSINESS ENTERPRISES.—Sec19 tion 1101(b) of the SAFETEA–LU (23 U.S.C. 101 note) 

20 shall apply with respect to any program under title III 

21 of the SAFETEA–LU (Public Law 109–59) or chapter 

22 53 of title 49, United States Code, that receives funds au23 thorized to be appropriated or made available for obliga24 tion and expended under this section. 


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1 (g) OBLIGATION CEILING.—Section 3040 of the 

2 SAFETEA–LU (Public Law 109–59; 119 Stat. 1639) is 

3 amended by striking paragraph (8) and inserting the fol4 lowing 

5 ‘‘(8) for each of fiscal years 2012 and 2013, an 

6 amount equal to $10,507,752,000, of which not 

7 more than $8,360,565,000 shall be from the Mass 

8 Transit Account.’’. 

9 TITLE III—EXTENSION OF SUR10 FACE TRANSPORTATION PRO11 GRAMS 

12 SEC. 301. EXTENSION OF NATIONAL HIGHWAY TRAFFIC 

13 SAFETY ADMINISTRATION HIGHWAY SAFETY 

14 PROGRAMS. 

15 (a) CHAPTER 4 HIGHWAY SAFETY PROGRAMS.—Sec16 tion 2001(a)(1) of SAFETEA–LU (119 Stat. 1519) is 

17 amended by striking ‘‘and $117,500,000 for the period be18 ginning on October 1, 2011, and ending on March 31, 

19 2012.’’ and inserting ‘‘$235,000,000 for fiscal year 2012, 

20 and $235,000,000 for fiscal year 2013.’’. 

21 (b) HIGHWAY SAFETY RESEARCH AND DEVELOP22 MENT.—Section 2001(a)(2) of SAFETEA–LU (119 Stat. 

23 1519) is amended by striking ‘‘and $54,122,000 for the 

24 period beginning on October 1, 2011, and ending on 


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1 March 31, 2012.’’ and inserting ‘‘$108,244,000 for fiscal 

2 year 2012, and $108,244,000 for fiscal year 2013.’’. 

3 (c) OCCUPANT PROTECTION INCENTIVE GRANTS.— 

4 (1) EXTENSION OF PROGRAM.—Section 405(a) 

5 of title 23, United States Code, is amended— 

6 (A) in paragraph (3) by striking ‘‘9’’ and 

7 inserting ‘‘10’’; and 

8 (B) in paragraph (4)(C) by striking ‘‘fifth 

9 through ninth’’ and inserting ‘‘fifth through 

10 tenth’’. 

11 (2) AUTHORIZATION OF APPROPRIATIONS.— 

12 Section 2001(a)(3) of SAFETEA–LU (119 Stat. 

13 1519) is amended by striking ‘‘and $12,500,000 for 

14 the period beginning on October 1, 2011, and ending 

15 on March 31, 2012.’’ and inserting ‘‘$25,000,000 

16 for fiscal year 2012, and $25,000,000 for fiscal year 

17 2013.’’. 

18 (d) SAFETY BELT PERFORMANCE GRANTS.—Section 

19 2001(a)(4) of SAFETEA–LU (119 Stat. 1519) is amend20 ed by striking ‘‘and $24,250,000 for the period beginning 

21 on October 1, 2011, and ending on March 31, 2012.’’ and 

22 inserting ‘‘$48,500,000 for fiscal year 2012, and 

23 $48,500,000 for fiscal year 2013.’’. 

24 (e) STATE TRAFFIC SAFETY INFORMATION SYSTEM

25 IMPROVEMENTS.—Section 2001(a)(5) of SAFETEA–LU 


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1 (119 Stat. 1519) is amended by striking ‘‘and 

2 $17,250,000 for the period beginning on October 1, 2011, 

3 and ending on March 31, 2012.’’ and inserting 

4 ‘‘$34,500,000 for fiscal year 2012, and $34,500,000 for 

5 fiscal year 2013.’’. 

6 (f) ALCOHOL-IMPAIRED DRIVING COUNTER7 MEASURES INCENTIVE GRANT PROGRAM.— 

8 (1) EXTENSION OF PROGRAM.—Section 410 of 

9 title 23, United States Code, is amended— 

10 (A) in subsection (a)(3)(C), by striking 

11 ‘‘eleventh’’ and inserting ‘‘12th’’; and 

12 (B) in subsection (b)(2)(C), by striking 

13 ‘‘2012’’ and inserting ‘‘2013’’. 

14 (2) AUTHORIZATION OF APPROPRIATIONS.— 

15 Section 2001(a)(6) of SAFETEA–LU (119 Stat. 

16 1519) is amended by striking ‘‘and $69,500,000 for 

17 the period beginning on October 1, 2011, and ending 

18 on March 31, 2012.’’ and inserting ‘‘$139,000,000 

19 for fiscal year 2012, and $139,000,000 for fiscal 

20 year 2013.’’. 

21 (g) NATIONAL DRIVER REGISTER.—Section 

22 2001(a)(7) of SAFETEA–LU (119 Stat. 1520) is amend23 ed by striking ‘‘and $2,058,000 for the period beginning 

24 on October 1, 2011, and ending on March 31, 2012.’’ and 


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1 inserting ‘‘$4,116,000 for fiscal year 2012, and 

2 $4,116,000 for fiscal year 2013.’’. 

3 (h) HIGH VISIBILITY ENFORCEMENT PROGRAM.— 

4 (1) EXTENSION OF PROGRAM.—Section 2009(a) 

5 of SAFETEA–LU (23 U.S.C. 402 note) is amended 

6 by striking ‘‘2012’’ and inserting ‘‘2013’’. 

7 (2) AUTHORIZATION OF APPROPRIATIONS.— 

8 Section 2001(a)(8) of SAFETEA–LU (119 Stat. 

9 1520) is amended by striking ‘‘and $14,500,000 for 

10 the period beginning on October 1, 2011, and ending 

11 on March 31, 2012.’’ and inserting ‘‘$29,000,000 

12 for fiscal year 2012, and $29,000,000 for fiscal year 

13 2013.’’. 

14 (i) MOTORCYCLIST SAFETY.— 

15 (1) EXTENSION OF PROGRAM.—Section 

16 2010(d)(1)(B) of SAFETEA–LU (23 U.S.C. 402 

17 note) is amended by striking ‘‘sixth, and seventh’’ 

18 and inserting ‘‘sixth, seventh, and eighth’’. 

19 (2) AUTHORIZATION OF APPROPRIATIONS.— 

20 Section 2001(a)(9) of SAFETEA–LU (119 Stat. 

21 1520) is amended by striking ‘‘and $3,500,000 for 

22 the period beginning on October 1, 2011, and ending 

23 on March 31, 2012.’’ and inserting ‘‘$7,000,000 for 

24 fiscal year 2012, and $7,000,000 for fiscal year 

25 2013.’’. 


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1 (j) CHILD SAFETY AND CHILD BOOSTER SEAT SAFE2 TY INCENTIVE GRANTS.— 

3 (1) EXTENSION OF PROGRAM.—Section 

4 2011(c)(2) of SAFETEA–LU (23 U.S.C. 405 note) 

5 is amended by striking ‘‘sixth, and seventh fiscal 

6 years’’ and inserting ‘‘sixth, seventh, and eighth fis7 cal years’’. 

8 (2) AUTHORIZATION OF APPROPRIATIONS.— 

9 Section 2001(a)(10) of SAFETEA–LU (119 Stat. 

10 1520) is amended by striking ‘‘and $3,500,000 for 

11 the period beginning on October 1, 2011, and ending 

12 on March 31, 2012.’’ and inserting ‘‘$7,000,000 for 

13 fiscal year 2012, and $7,000,000 for fiscal year 

14 2013.’’. 

15 (k) ADMINISTRATIVE EXPENSES.—Section 

16 2001(a)(11) of SAFETEA–LU (119 Stat. 1520) is 

17 amended by striking ‘‘and $12,664,000 for the period be18 ginning on October 1, 2011, and ending on March 31, 

19 2012.’’ and inserting ‘‘$25,328,000 for fiscal year 2012, 

20 and $25,328,000 for fiscal year 2013.’’. 

21 (l) APPLICABILITY OF TITLE 23.—Section 2001(c) of 

22 SAFETEA–LU (119 Stat. 1520) is amended by striking 

23 ‘‘2012’’ and inserting ‘‘2013’’. 


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1 (m) DRUG-IMPAIRED DRIVING ENFORCEMENT.— 

2 Section 2013(f) of SAFETEA–LU (23 U.S.C. 403 note) 

3 is amended by striking ‘‘2012’’ and inserting ‘‘2013’’. 

4 (n) OLDER DRIVER SAFETY; LAW ENFORCEMENT

5 TRAINING.—Section 2017 of SAFETEA–LU is amend6 ed— 

7 (1) in subsection (a)(1) (119 Stat. 1541), by 

8 striking ‘‘2012’’ and inserting ‘‘2013’’; and 

9 (2) in subsection (b)(2) (23 U.S.C. 402 note), 

10 by striking ‘‘2012’’ and inserting ‘‘2013’’. 

11 SEC. 302. EXTENSION OF FEDERAL MOTOR CARRIER SAFE12 TY ADMINISTRATION PROGRAMS. 

13 (a) MOTOR CARRIER SAFETY GRANTS.—Section 

14 31104(a) of title 49, United States Code, is amended— 

15 (1) in paragraph (7), by striking ‘‘and’’ at the 

16 end; and 

17 (2) by striking paragraph (8) and inserting the 

18 following: 

19 ‘‘(8) $212,000,000 for fiscal year 2012; and 

20 ‘‘(9) $212,000,000 for fiscal year 2013.’’. 

21 (b) ADMINISTRATIVE EXPENSES.—Section 

22 31104(i)(1) of title 49, United States Code, is amended— 

23 (1) in subparagraph (G), by striking ‘‘and’’ at 

24 the end; and 


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1 (2) by striking subparagraph (H) and inserting 

2 the following: 

3 ‘‘(H) $244,144,000 for fiscal year 2012; 

4 and 

5 ‘‘(I) $244,144,000 for fiscal year 2013.’’. 

6 (c) GRANT PROGRAMS.—Section 4101(c) of 

7 SAFETEA–LU (119 Stat. 1715) is amended— 

8 (1) in paragraph (1), by striking ‘‘and 

9 $15,000,000 for the period beginning on October 1, 

10 2011, and ending on March 31, 2012.’’ and insert11 ing ‘‘and $30,000,000 for each of fiscal years 2012 

12 and 2013.’’; 

13 (2) in paragraph (2), by striking ‘‘2011 and 

14 $16,000,000 for the period beginning on October 1, 

15 2011, and ending on March 31, 2012’’ and inserting 

16 ‘‘2013’’; 

17 (3) in paragraph (3), by striking ‘‘2011 and 

18 $2,500,000 for the period beginning on October 1, 

19 2011, and ending on March 31, 2012’’ and inserting 

20 ‘‘2013’’; 

21 (4) in paragraph (4), by striking ‘‘2011 and 

22 $12,500,000 for the period beginning on October 1, 

23 2011, and ending on March 31, 2012’’ and inserting 

24 ‘‘2013’’; and 


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1 (5) in paragraph (5), by striking ‘‘2011 and 

2 $1,500,000 for the period beginning on October 1, 

3 2011, and ending on March 31, 2012’’ and inserting 

4 ‘‘2013’’. 

5 (d) HIGH-PRIORITY ACTIVITIES.—Section 

6 31104(k)(2) of title 49, United States Code, is amended 

7 by striking ‘‘2011 and $7,500,000 for the period begin8 ning on October 1, 2011, and ending on March 31, 2012,’’ 

9 and inserting ‘‘2013’’. 

10 (e) NEW ENTRANT AUDITS.—Section 

11 31144(g)(5)(B) of title 49, United States Code, is amend12 ed by striking ‘‘and up to $14,500,000 for the period be13 ginning on October 1, 2011, and ending on March 31, 

14 2012,’’. 

15 (f) OUTREACH AND EDUCATION.—Section 4127(e) of 

16 SAFETEA–LU (119 Stat. 1741) is amended by striking 

17 ‘‘fiscal years 2006’’ and all that follows through ‘‘March 

18 31, 2012,’’ and inserting ‘‘fiscal years 2006 through 

19 2013’’. 

20 (g) GRANT PROGRAM FOR COMMERCIAL MOTOR VE21 HICLE OPERATORS.—Section 4134(c) of SAFETEA–LU 

22 (119 Stat. 1744) is amended by striking ‘‘2011 and 

23 $500,000 for the period beginning on October 1, 2011, 

24 and ending on March 31, 2012,’’ and inserting ‘‘2013’’. 


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1 (h) MOTOR CARRIER SAFETY ADVISORY COM2 MITTEE.—Section 4144(d) of SAFETEA–LU (119 Stat. 

3 1748) is amended by striking ‘‘March 31, 2012’’ and in4 serting ‘‘September 30, 2013’’. 

5 (i) WORKING GROUP FOR DEVELOPMENT OF PRAC6 TICES AND PROCEDURES TO ENHANCE FEDERAL-STATE

7 RELATIONS.—Section 4213(d) of SAFETEA–LU (49 

8 U.S.C. 14710 note; 119 Stat. 1759) is amended by strik9 ing ‘‘March 31, 2012’’ and inserting ‘‘September 30, 

10 2013’’. 

11 SEC. 303. ADDITIONAL PROGRAMS. 

12 (a) HAZARDOUS MATERIALS RESEARCH

13 PROJECTS.—Section 7131(c) of SAFETEA–LU (119 

14 Stat. 1910) is amended by striking ‘‘2011 and $580,000 

15 for the period beginning on October 1, 2011, and ending 

16 on March 31, 2012,’’ and inserting ‘‘and $1,160,000 for 

17 each of fiscal years 2012 and 2013’’. 

18 (b) DINGELL-JOHNSON SPORT FISH RESTORATION

19 ACT.—Section 4 of the Dingell-Johnson Sport Fish Res20 toration Act (16 U.S.C. 777c) is amended— 

21 (1) in subsection (a), by striking ‘‘March 31, 

22 2012’’ and inserting ‘‘September 30, 2013,’’; and 

23 (2) in the first sentence of subsection (b)(1)(A) 

24 by striking ‘‘2011 and for the period beginning on 

25 October 1, 2011, and ending on March 31, 2012,’’ 


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1 and inserting ‘‘2011, and for each of fiscal years 

2 2012 and 2013,’’. 

3 TITLE IV—REGULATIONS FROM 

4 THE EXECUTIVE IN NEED OF 

5 SCRUTINY 

6 SEC. 401. SHORT TITLE. 

7 This title may be cited as the ‘‘Regulations From the 

8 Executive in Need of Scrutiny Act of 2011’’ or the 

9 ‘‘REINS Act’’. 

10 SEC. 402. FINDINGS AND PURPOSE. 

11 (a) FINDINGS.—Congress finds the following: 

12 (1) Section 1 of article I of the United States 

13 Constitution grants all legislative powers to Con14 gress. 

15 (2) Over time, Congress has excessively dele16 gated its constitutional charge while failing to con17 duct appropriate oversight and retain accountability 

18 for the content of the laws it passes. 

19 (3) By requiring a vote in Congress, this title 

20 will result in more carefully drafted and detailed leg21 islation, an improved regulatory process, and a legis22 lative branch that is truly accountable to the people 

23 of the United States for the laws imposed upon 

24 them. 


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1 (b) PURPOSE.—The purpose of this title is to in2 crease accountability for and transparency in the Federal 

3 regulatory process. 

4 SEC. 403. CONGRESSIONAL REVIEW OF AGENCY RULE5 MAKING. 

6 Chapter 8 of title 5, United States Code, is amended 

7 to read as follows: 

8 ‘‘CHAPTER 8—CONGRESSIONAL REVIEW 

9 OF AGENCY RULEMAKING 

‘‘Sec. 

‘‘801. Congressional review. 

‘‘802. Congressional approval procedure for major rules. 

‘‘803. Congressional disapproval procedure for nonmajor rules. 

‘‘804. Definitions. 

‘‘805. Judicial review. 

‘‘806. Exemption for monetary policy. 

‘‘807. Effective date of certain rules. 

10 ‘‘§ 801. Congressional review 

11 ‘‘(a)(1)(A) Before a rule may take effect, the Federal 

12 agency promulgating such rule shall submit to each House 

13 of the Congress and to the Comptroller General a report 

14 containing— 

15 ‘‘(i) a copy of the rule; 

16 ‘‘(ii) a concise general statement relating to the 

17 rule; 

18 ‘‘(iii) a classification of the rule as a major or 

19 nonmajor rule, including an explanation of the clas20 sification specifically addressing each criteria for a 


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1 major rule contained within sections 804(2)(A), 

2 804(2)(B), and 804(2)(C); 

3 ‘‘(iv) a list of any other related regulatory ac4 tions intended to implement the same statutory pro5 vision or regulatory objective as well as the indi6 vidual and aggregate economic effects of those ac7 tions; and 

8 ‘‘(v) the proposed effective date of the rule. 

9 ‘‘(B) On the date of the submission of the report 

10 under subparagraph (A), the Federal agency promulgating 

11 the rule shall submit to the Comptroller General and make 

12 available to each House of Congress— 

13 ‘‘(i) a complete copy of the cost-benefit analysis 

14 of the rule, if any; 

15 ‘‘(ii) the agency’s actions pursuant to title 5 of 

16 the United States Code, sections 603, 604, 605, 

17 607, and 609; 

18 ‘‘(iii) the agency’s actions pursuant to title 2 of 

19 the United States Code, sections 1532, 1533, 1534, 

20 and 1535; and 

21 ‘‘(iv) any other relevant information or require22 ments under any other Act and any relevant Execu23 tive orders. 

24 ‘‘(C) Upon receipt of a report submitted under sub25 paragraph (A), each House shall provide copies of the reVerDate Mar 15 2010 22:39 Nov 02, 2011 Jkt 019200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 E:\BILLS\S1786.PCS S1786

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1 port to the chairman and ranking member of each stand2 ing committee with jurisdiction under the rules of the 

3 House of Representatives or the Senate to report a bill 

4 to amend the provision of law under which the rule is 

5 issued. 

6 ‘‘(2)(A) The Comptroller General shall provide a re7 port on each major rule to the committees of jurisdiction 

8 by the end of 15 calendar days after the submission or 

9 publication date as provided in section 802(b)(2). The re10 port of the Comptroller General shall include an assess11 ment of the agency’s compliance with procedural steps re12 quired by paragraph (1)(B). 

13 ‘‘(B) Federal agencies shall cooperate with the Comp14 troller General by providing information relevant to the 

15 Comptroller General’s report under subparagraph (A). 

16 ‘‘(3) A major rule relating to a report submitted 

17 under paragraph (1) shall take effect upon enactment of 

18 a joint resolution of approval described in section 802 or 

19 as provided for in the rule following enactment of a joint 

20 resolution of approval described in section 802, whichever 

21 is later. 

22 ‘‘(4) A nonmajor rule shall take effect as provided 

23 by section 803 after submission to Congress under para24 graph (1). 


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1 ‘‘(5) If a joint resolution of approval relating to a 

2 major rule is not enacted within the period provided in 

3 subsection (b)(2), then a joint resolution of approval relat4 ing to the same rule may not be considered under this 

5 chapter in the same Congress by either the House of Rep6 resentatives or the Senate. 

7 ‘‘(b)(1) A major rule shall not take effect unless the 

8 Congress enacts a joint resolution of approval described 

9 under section 802. 

10 ‘‘(2) If a joint resolution described in subsection (a) 

11 is not enacted into law by the end of 70 session days or 

12 legislative days, as applicable, beginning on the date on 

13 which the report referred to in section 801(a)(1)(A) is re14 ceived by Congress (excluding days either House of Con15 gress is adjourned for more than 3 days during a session 

16 of Congress), then the rule described in that resolution 

17 shall be deemed not to be approved and such rule shall 

18 not take effect. 

19 ‘‘(c)(1) Notwithstanding any other provision of this 

20 section (except subject to paragraph (3)), a major rule 

21 may take effect for one 90-calendar-day period if the 

22 President makes a determination under paragraph (2) and 

23 submits written notice of such determination to the Con24 gress. 


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1 ‘‘(2) Paragraph (1) applies to a determination made 

2 by the President by Executive order that the major rule 

3 should take effect because such rule is— 

4 ‘‘(A) necessary because of an imminent threat 

5 to health or safety or other emergency; 

6 ‘‘(B) necessary for the enforcement of criminal 

7 laws; 

8 ‘‘(C) necessary for national security; or 

9 ‘‘(D) issued pursuant to any statute imple10 menting an international trade agreement. 

11 ‘‘(3) An exercise by the President of the authority 

12 under this subsection shall have no effect on the proce13 dures under section 802. 

14 ‘‘(d)(1) In addition to the opportunity for review oth15 erwise provided under this chapter, in the case of any rule 

16 for which a report was submitted in accordance with sub17 section (a)(1)(A) during the period beginning on the date 

18 occurring— 

19 ‘‘(A) in the case of the Senate, 60 session days, 

20 or 

21 ‘‘(B) in the case of the House of Representa22 tives, 60 legislative days, 

23 before the date the Congress is scheduled to adjourn a 

24 session of Congress through the date on which the same 

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1 tions 802 and 803 shall apply to such rule in the suc2 ceeding session of Congress. 

3 ‘‘(2)(A) In applying sections 802 and 803 for pur4 poses of such additional review, a rule described under 

5 paragraph (1) shall be treated as though— 

6 ‘‘(i) such rule were published in the Federal 

7 Register on— 

8 ‘‘(I) in the case of the Senate, the 15th 

9 session day, or 

10 ‘‘(II) in the case of the House of Rep11 resentatives, the 15th legislative day, 

12 after the succeeding session of Congress first con13 venes; and 

14 ‘‘(ii) a report on such rule were submitted to 

15 Congress under subsection (a)(1) on such date. 

16 ‘‘(B) Nothing in this paragraph shall be construed 

17 to affect the requirement under subsection (a)(1) that a 

18 report shall be submitted to Congress before a rule can 

19 take effect. 

20 ‘‘(3) A rule described under paragraph (1) shall take 

21 effect as otherwise provided by law (including other sub22 sections of this section). 


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1 ‘‘§ 802. Congressional approval procedure for major 

2 rules 

3 ‘‘(a) For purposes of this section, the term ‘joint res4 olution’ means only a joint resolution introduced on or 

5 after the date on which the report referred to in section 

6 801(a)(1)(A) is received by Congress (excluding days ei7 ther House of Congress is adjourned for more than 3 days 

8 during a session of Congress), the matter after the resolv9 ing clause of which is as follows: ‘That Congress approves 

10 the rule submitted by the l l relating to l l.’ (The 

11 blank spaces being appropriately filled in). 

12 ‘‘(1) In the House, the majority leader of the 

13 House of Representatives (or his designee) and the 

14 minority leader of the House of Representatives (or 

15 his designee) shall introduce such joint resolution 

16 described in subsection (a) (by request), within 3 

17 legislative days after Congress receives the report re18 ferred to in section 801(a)(1)(A). 

19 ‘‘(2) In the Senate, the majority leader of the 

20 Senate (or his designee) and the minority leader of 

21 the Senate (or his designee) shall introduce such 

22 joint resolution described in subsection (a) (by re23 quest), within 3 session days after Congress receives 

24 the report referred to in section 801(a)(1)(A). 

25 ‘‘(b)(1) A joint resolution described in subsection (a) 

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1 gress with jurisdiction under the rules of the House of 

2 Representatives or the Senate to report a bill to amend 

3 the provision of law under which the rule is issued. 

4 ‘‘(2) For purposes of this section, the term ‘submis5 sion date’ means the date on which the Congress receives 

6 the report submitted under section 801(a)(1). 

7 ‘‘(c) In the Senate, if the committee or committees 

8 to which a joint resolution described in subsection (a) has 

9 been referred have not reported it at the end of 15 session 

10 days after its introduction, such committee or committees 

11 shall be automatically discharged from further consider12 ation of the resolution and it shall be placed on the cal13 endar. A vote on final passage of the resolution shall be 

14 taken on or before the close of the 15th session day after 

15 the resolution is reported by the committee or committees 

16 to which it was referred, or after such committee or com17 mittees have been discharged from further consideration 

18 of the resolution. 

19 ‘‘(d)(1) In the Senate, when the committee or com20 mittees to which a joint resolution is referred have re21 ported, or when a committee or committees are discharged 

22 (under subsection (c)) from further consideration of a 

23 joint resolution described in subsection (a), it is at any 

24 time thereafter in order (even though a previous motion 

25 to the same effect has been disagreed to) for a motion 


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1 to proceed to the consideration of the joint resolution, and 

2 all points of order against the joint resolution (and against 

3 consideration of the joint resolution) are waived. The mo4 tion is not subject to amendment, or to a motion to post5 pone, or to a motion to proceed to the consideration of 

6 other business. A motion to reconsider the vote by which 

7 the motion is agreed to or disagreed to shall not be in 

8 order. If a motion to proceed to the consideration of the 

9 joint resolution is agreed to, the joint resolution shall re10 main the unfinished business of the Senate until disposed 

11 of. 

12 ‘‘(2) In the Senate, debate on the joint resolution, 

13 and on all debatable motions and appeals in connection 

14 therewith, shall be limited to not more than 2 hours, which 

15 shall be divided equally between those favoring and those 

16 opposing the joint resolution. A motion to further limit 

17 debate is in order and not debatable. An amendment to, 

18 or a motion to postpone, or a motion to proceed to the 

19 consideration of other business, or a motion to recommit 

20 the joint resolution is not in order. 

21 ‘‘(3) In the Senate, immediately following the conclu22 sion of the debate on a joint resolution described in sub23 section (a), and a single quorum call at the conclusion of 

24 the debate if requested in accordance with the rules of the 


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1 Senate, the vote on final passage of the joint resolution 

2 shall occur. 

3 ‘‘(4) Appeals from the decisions of the Chair relating 

4 to the application of the rules of the Senate to the proce5 dure relating to a joint resolution described in subsection 

6 (a) shall be decided without debate. 

7 ‘‘(e)(1) In the House of Representatives, if the com8 mittee or committees to which a joint resolution described 

9 in subsection (a) has been referred have not reported it 

10 at the end of 15 legislative days after its introduction, 

11 such committee or committees shall be automatically dis12 charged from further consideration of the resolution and 

13 it shall be placed on the appropriate calendar. A vote on 

14 final passage of the resolution shall be taken on or before 

15 the close of the 15th legislative day after the resolution 

16 is reported by the committee or committees to which it 

17 was referred, or after such committee or committees have 

18 been discharged from further consideration of the resolu19 tion. 

20 ‘‘(2)(A) A motion in the House of Representatives to 

21 proceed to the consideration of a resolution shall be privi22 leged and not debatable. An amendment to the motion 

23 shall not be in order, nor shall it be in order to move to 

24 reconsider the vote by which the motion is agreed to or 

25 disagreed to. 


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1 ‘‘(B) Debate in the House of Representatives on a 

2 resolution shall be limited to not more than two hours, 

3 which shall be divided equally between those favoring and 

4 those opposing the resolution. A motion to further limit 

5 debate shall not be debatable. No amendment to, or mo6 tion to recommit, the resolution shall be in order. It shall 

7 not be in order to reconsider the vote by which a resolution 

8 is agreed to or disagreed to. 

9 ‘‘(C) Motions to postpone, made in the House of Rep10 resentatives with respect to the consideration of a resolu11 tion, and motions to proceed to the consideration of other 

12 business, shall be decided without debate. 

13 ‘‘(D) All appeals from the decisions of the Chair re14 lating to the application of the Rules of the House of Rep15 resentatives to the procedure relating to a resolution shall 

16 be decided without debate. 

17 ‘‘(f) If, before the passage by one House of a joint 

18 resolution of that House described in subsection (a), that 

19 House receives from the other House a joint resolution 

20 described in subsection (a), then the following procedures 

21 shall apply with respect to a joint resolution described in 

22 subsection (a) of the House receiving the joint resolu23 tion— 


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1 ‘‘(1) the procedure in that House shall be the 

2 same as if no joint resolution had been received from 

3 the other House; but 

4 ‘‘(2) the vote on final passage shall be on the 

5 joint resolution of the other House. 

6 ‘‘(g) The enactment of a resolution of approval does 

7 not serve as a grant or modification of statutory authority 

8 by Congress for the promulgation of a rule, does not extin9 guish or affect any claim, whether substantive or proce10 dural, against any alleged defect in a rule, and shall not 

11 form part of the record before the court in any judicial 

12 proceeding concerning a rule. 

13 ‘‘(h) This section and section 803 are enacted by 

14 Congress— 

15 ‘‘(1) as an exercise of the rulemaking power of 

16 the Senate and House of Representatives, respec17 tively, and as such it is deemed a part of the rules 

18 of each House, respectively, but applicable only with 

19 respect to the procedure to be followed in that 

20 House in the case of a joint resolution described in 

21 subsection (a), and it supersedes other rules only to 

22 the extent that it is inconsistent with such rules; and 

23 ‘‘(2) with full recognition of the constitutional 

24 right of either House to change the rules (so far as 

25 relating to the procedure of that House) at any time, 


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1 in the same manner, and to the same extent as in 

2 the case of any other rule of that House. 

3 ‘‘§ 803. Congressional disapproval procedure for 

4 nonmajor rules 

5 ‘‘(a) For purposes of this section, the term ‘joint res6 olution’ means only a joint resolution introduced in the 

7 period beginning on the date on which the report referred 

8 to in section 801(a)(1)(A) is received by Congress and 

9 ending 60 days thereafter (excluding days either House 

10 of Congress is adjourned for more than 3 days during a 

11 session of Congress), the matter after the resolving clause 

12 of which is as follows: ‘That Congress disapproves the 

13 nonmajor rule submitted by the l l relating to l l, 

14 and such rule shall have no force or effect.’ (The blank 

15 spaces being appropriately filled in). 

16 ‘‘(b)(1) A joint resolution described in subsection (a) 

17 shall be referred to the committees in each House of Con18 gress with jurisdiction. 

19 ‘‘(2) For purposes of this section, the term ‘submis20 sion or publication date’ means the later of the date on 

21 which— 

22 ‘‘(A) the Congress receives the report submitted 

23 under section 801(a)(1); or 

24 ‘‘(B) the nonmajor rule is published in the Fed25 eral Register, if so published. 


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1 ‘‘(c) In the Senate, if the committee to which is re2 ferred a joint resolution described in subsection (a) has 

3 not reported such joint resolution (or an identical joint 

4 resolution) at the end of 15 session days after the date 

5 of introduction of the joint resolution, such committee may 

6 be discharged from further consideration of such joint res7 olution upon a petition supported in writing by 30 Mem8 bers of the Senate, and such joint resolution shall be 

9 placed on the calendar. 

10 ‘‘(d)(1) In the Senate, when the committee to which 

11 a joint resolution is referred has reported, or when a com12 mittee is discharged (under subsection (c)) from further 

13 consideration of a joint resolution described in subsection 

14 (a), it is at any time thereafter in order (even though a 

15 previous motion to the same effect has been disagreed to) 

16 for a motion to proceed to the consideration of the joint 

17 resolution, and all points of order against the joint resolu18 tion (and against consideration of the joint resolution) are 

19 waived. The motion is not subject to amendment, or to 

20 a motion to postpone, or to a motion to proceed to the 

21 consideration of other business. A motion to reconsider the 

22 vote by which the motion is agreed to or disagreed to shall 

23 not be in order. If a motion to proceed to the consideration 

24 of the joint resolution is agreed to, the joint resolution 


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1 shall remain the unfinished business of the Senate until 

2 disposed of. 

3 ‘‘(2) In the Senate, debate on the joint resolution, 

4 and on all debatable motions and appeals in connection 

5 therewith, shall be limited to not more than 10 hours, 

6 which shall be divided equally between those favoring and 

7 those opposing the joint resolution. A motion to further 

8 limit debate is in order and not debatable. An amendment 

9 to, or a motion to postpone, or a motion to proceed to 

10 the consideration of other business, or a motion to recom11 mit the joint resolution is not in order. 

12 ‘‘(3) In the Senate, immediately following the conclu13 sion of the debate on a joint resolution described in sub14 section (a), and a single quorum call at the conclusion of 

15 the debate if requested in accordance with the rules of the 

16 Senate, the vote on final passage of the joint resolution 

17 shall occur. 

18 ‘‘(4) Appeals from the decisions of the Chair relating 

19 to the application of the rules of the Senate to the proce20 dure relating to a joint resolution described in subsection 

21 (a) shall be decided without debate. 

22 ‘‘(e) In the Senate the procedure specified in sub23 section (c) or (d) shall not apply to the consideration of 

24 a joint resolution respecting a nonmajor rule— 


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1 ‘‘(1) after the expiration of the 60 session days 

2 beginning with the applicable submission or publica3 tion date, or 

4 ‘‘(2) if the report under section 801(a)(1)(A) 

5 was submitted during the period referred to in sec6 tion 801(d)(1), after the expiration of the 60 session 

7 days beginning on the 15th session day after the 

8 succeeding session of Congress first convenes. 

9 ‘‘(f) If, before the passage by one House of a joint 

10 resolution of that House described in subsection (a), that 

11 House receives from the other House a joint resolution 

12 described in subsection (a), then the following procedures 

13 shall apply: 

14 ‘‘(1) The joint resolution of the other House 

15 shall not be referred to a committee. 

16 ‘‘(2) With respect to a joint resolution described 

17 in subsection (a) of the House receiving the joint 

18 resolution— 

19 ‘‘(A) the procedure in that House shall be 

20 the same as if no joint resolution had been re21 ceived from the other House; but 

22 ‘‘(B) the vote on final passage shall be on 

23 the joint resolution of the other House. 

24 ‘‘§ 804. Definitions 

25 ‘‘For purposes of this chapter— 


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1 ‘‘(1) the term ‘Federal agency’— 

2 ‘‘(A) means any agency as that term is de3 fined in section 551(1); and 

4 ‘‘(B) includes the Board of Governors of 

5 the Federal Reserve System, the Bureau of 

6 Consumer Financial Protection, the Commodity 

7 Futures Trading Commission, the Federal De8 posit Insurance Corporation, the Federal Hous9 ing Finance Agency, the Financial Stability 

10 Oversight Council, the Office of the Comptroller 

11 of the Currency, the Office of Financial Re12 search, the National Credit Union Administra13 tion, and the Securities and Exchange Commis14 sion; 

15 ‘‘(2) the term ‘major rule’ means any rule, in16 cluding an interim final rule, that the Administrator 

17 of the Office of Information and Regulatory Affairs 

18 of the Office of Management and Budget finds has 

19 resulted in or is likely to result in— 

20 ‘‘(A) an annual effect on the economy of 

21 $100,000,000 or more; 

22 ‘‘(B) a major increase in costs or prices for 

23 consumers, individual industries, Federal, 

24 State, or local government agencies, or geo25 graphic regions; or 


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1 ‘‘(C) significant adverse effects on competi2 tion, employment, investment, productivity, in3 novation, or on the ability of United States4 based enterprises to compete with foreign-based 

5 enterprises in domestic and export markets; 

6 ‘‘(3) the term ‘nonmajor rule’ means any rule 

7 that is not a major rule; and 

8 ‘‘(4) the term ‘rule’ has the meaning given such 

9 term in section 551, except that such term does not 

10 include— 

11 ‘‘(A) any rule of particular applicability, 

12 including a rule that approves or prescribes for 

13 the future rates, wages, prices, services, or al14 lowances therefore, corporate or financial struc15 tures, reorganizations, mergers, or acquisitions 

16 thereof, or accounting practices or disclosures 

17 bearing on any of the foregoing; 

18 ‘‘(B) any rule relating to agency manage19 ment or personnel; 

20 ‘‘(C) any rule of agency organization, pro21 cedure, or practice that does not substantially 

22 affect the rights or obligations of non-agency 

23 parties; or 

24 ‘‘(D) a rule that is promulgated by the 

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1 tem or the Federal Open Market Committee 

2 under section 10A, 10B, 13, 13A, or 19 of the 

3 Federal Reserve Act, or any of subsections (a) 

4 through (f) of section 14 of that Act. 

5 ‘‘§ 805. Judicial review 

6 ‘‘(a) No determination, finding, action, or omission 

7 under this chapter shall be subject to judicial review. 

8 ‘‘(b) Notwithstanding subsection (a), a court may de9 termine whether a Federal agency has completed the nec10 essary requirements under this chapter for a rule to take 

11 effect. 

12 ‘‘§ 806. Exemption for monetary policy 

13 ‘‘Nothing in this chapter shall apply to rules that con14 cern monetary policy proposed or implemented by the 

15 Board of Governors of the Federal Reserve System or the 

16 Federal Open Market Committee. 

17 ‘‘§ 807. Effective date of certain rules 

18 ‘‘Notwithstanding section 801— 

19 ‘‘(1) any rule that establishes, modifies, opens, 

20 closes, or conducts a regulatory program for a com21 mercial, recreational, or subsistence activity related 

22 to hunting, fishing, or camping; or 

23 ‘‘(2) any rule other than a major rule which an 

24 agency for good cause finds (and incorporates the 

25 finding and a brief statement of reasons therefore in 


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1 the rule issued) that notice and public procedure 

2 thereon are impracticable, unnecessary, or contrary 

3 to the public interest, 

4 shall take effect at such time as the Federal agency pro5 mulgating the rule determines.’’. 

6 TITLE V—EPA REGULATORY 

7 RELIEF 

8 SEC. 501. SHORT TITLE. 

9 This title may be cited as the ‘‘EPA Regulatory Re10 lief Act of 2011’’. 

11 SEC. 502. LEGISLATIVE STAY. 

12 (a) ESTABLISHMENT OF STANDARDS.—In place of 

13 the rules specified in subsection (b), and notwithstanding 

14 the date by which such rules would otherwise be required 

15 to be promulgated, the Administrator of the Environ16 mental Protection Agency (referred to in this title as the 

17 ‘‘Administrator’’) shall— 

18 (1) propose regulations for industrial, commer19 cial, and institutional boilers and process heaters, 

20 and commercial and industrial solid waste inciner21 ator units, subject to any of the rules specified in 

22 subsection (b)— 

23 (A) establishing maximum achievable con24 trol technology standards, performance stand25 ards, and other requirements under sections 


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1 112 and 129, as applicable, of the Clean Air 

2 Act (42 U.S.C. 7412, 7429); and 

3 (B) identifying nonhazardous secondary 

4 materials that, when used as fuels or ingredi5 ents in combustion units of such boilers, proc6 ess heaters, or incinerator units are solid waste 

7 under the Solid Waste Disposal Act (42 U.S.C. 

8 6901 et seq.) (commonly known as the ‘‘Re9 source Conservation and Recovery Act’’) for 

10 purposes of determining the extent to which 

11 such combustion units are required to meet the 

12 emissions standards under section 112 of the 

13 Clean Air Act (42 U.S.C. 7412) or the emission 

14 standards under section 129 of that Act (42 

15 U.S.C. 7429); and 

16 (2) finalize the regulations on the date that is 

17 15 months after the date of enactment of this Act, 

18 or on such later date as may be determined by the 

19 Administrator. 

20 (b) STAY OF EARLIER RULES.—The following rules 

21 are of no force or effect, shall be treated as though the 

22 rules had never taken effect, and shall be replaced as de23 scribed in subsection (a): 

24 (1) The rule entitled ‘‘National Emission 

25 Standards for Hazardous Air Pollutants for Major 


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1 Sources: Industrial, Commercial, and Institutional 

2 Boilers and Process Heaters’’ (76 Fed. Reg. 15608) 

3 (March 21, 2011). 

4 (2) The rule entitled ‘‘National Emission 

5 Standards for Hazardous Air Pollutants for Area 

6 Sources: Industrial, Commercial, and Institutional 

7 Boilers’’ (76 Fed. Reg. 15554) (March 21, 2011). 

8 (3) The rule entitled ‘‘Standards of Perform9 ance for New Stationary Sources and Emission 

10 Guidelines for Existing Sources: Commercial and In11 dustrial Solid Waste Incineration Units’’ (76 Fed. 

12 Reg. 15704) (March 21, 2011). 

13 (4) The rule entitled ‘‘Identification of Non14 Hazardous Secondary Materials That Are Solid 

15 Waste’’ (76 Fed. Reg. 15456) (March 21, 2011). 

16 (c) INAPPLICABILITY OF CERTAIN PROVISIONS.— 

17 With respect to any standard required by subsection (a) 

18 to be promulgated in regulations under section 112 of the 

19 Clean Air Act (42 U.S.C. 7412), the provisions of sub20 sections (g)(2) and (j) of that section shall not apply prior 

21 to the effective date of the standard specified in those reg22 ulations. 


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1 SEC. 503. COMPLIANCE DATES. 

2 (a) ESTABLISHMENT OF COMPLIANCE DATES.—For 

3 each regulation promulgated pursuant to section 702, the 

4 Administrator— 

5 (1) shall establish a date for compliance with 

6 standards and requirements under such regulation 

7 that is, notwithstanding any other provision of law, 

8 not earlier than 5 years after the effective date of 

9 the regulation; and 

10 (2) in proposing a date for such compliance, 

11 shall take into consideration— 

12 (A) the costs of achieving emissions reduc13 tions; 

14 (B) any nonair quality health and environ15 mental impact and energy requirements of the 

16 standards and requirements; 

17 (C) the feasibility of implementing the 

18 standards and requirements, including the time 

19 needed— 

20 (i) to obtain necessary permit approv21 als; and 

22 (ii) to procure, install, and test con23 trol equipment; 

24 (D) the availability of equipment, sup25 pliers, and labor, given the requirements of the 

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1 lations of the Environmental Protection Agency; 

2 and 

3 (E) potential net employment impacts. 

4 (b) NEW SOURCES.—The date on which the Adminis5 trator proposes a regulation pursuant to section 702(a)(1) 

6 establishing an emission standard under section 112 or 

7 129 of the Clean Air Act (42 U.S.C. 7412, 7429) shall 

8 be treated as the date on which the Administrator first 

9 proposes such a regulation for purposes of applying the 

10 definition of a new source under section 112(a)(4) of that 

11 Act (42 U.S.C. 7412(a)(4)) or the definition of a new solid 

12 waste incineration unit under section 129(g)(2) of that 

13 Act (42 U.S.C. 7429(g)(2)). 

14 (c) RULE OF CONSTRUCTION.—Nothing in this title 

15 restricts or otherwise affects paragraph (3)(B) or (4) of 

16 section 112(i) of the Clean Air Act (42 U.S.C. 7412(i)). 

17 SEC. 504. ENERGY RECOVERY AND CONSERVATION. 

18 (a) IN GENERAL.—Notwithstanding any other provi19 sion of law, to ensure the recovery and conservation of 

20 energy consistent with the Solid Waste Disposal Act (42 

21 U.S.C. 6901 et seq.) (commonly known as the ‘‘Resource 

22 Conservation and Recovery Act of 1976’’), in promul23 gating regulations under section 702(a) that address the 

24 subject matter of the regulations described in paragraphs 

25 (3) and (4) of section 702(b), the Administrator shall— 


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1 (1) adopt the definitions of the terms ‘‘commer2 cial and industrial solid waste incineration unit’’, 

3 ‘‘commercial and industrial waste’’, and ‘‘contained 

4 gaseous material’’ contained in the regulation enti5 tled ‘‘Standards of Performance for New Stationary 

6 Sources and Emission Guidelines for Existing 

7 Sources: Commercial and Industrial Solid Waste In8 cineration Units’’ (65 Fed. Reg. 75338 (December 

9 1, 2000)); and 

10 (2) identify nonhazardous secondary material as 

11 not to be solid waste for purposes of the Solid Waste 

12 Disposal Act (42 U.S.C. 6901 et seq.) if— 

13 (A) the material— 

14 (i) does not meet the definition of 

15 commercial and industrial waste; and 

16 (ii) is on the list published by the Ad17 ministrator under subsection (b); or 

18 (B) in the case of the material that is a 

19 gas, the material does not meet the definition of 

20 contained gaseous material. 

21 (b) LIST OF NONHAZARDOUS SECONDARY MATE22 RIALS.— 

23 (1) IN GENERAL.—Not later than 120 days 

24 after the date of enactment of this Act, the Adminis25 trator shall publish a list of nonhazardous secondary 


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1 materials that are not solid waste when combusted 

2 in units designed for energy recovery, including— 

3 (A) without limitation, all forms of bio4 mass, including— 

5 (i) agricultural and forest-derived bio6 mass; 

7 (ii) biomass crops, vines, and orchard 

8 trees; 

9 (iii) bagasse and other crop and tree 

10 residues, including— 

11 (I) hulls and seeds; 

12 (II) spent grains; 

13 (III) byproducts of cotton; 

14 (IV) corn and peanut production; 

15 (V) rice milling and grain eleva16 tor operations; 

17 (VI) cellulosic biofuels; and 

18 (VII) byproducts of ethanol nat19 ural fermentation processes; 

20 (iv) hogged fuel, including wood pal21 lets, sawdust, and wood pellets; 

22 (v) wood debris from forests and 

23 urban areas; 

24 (vi) resinated wood and other 

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1 ing trim, sanderdust, offcuts, and wood2 working residuals; 

3 (vii) creosote-treated, borate-treated, 

4 sap-stained, and other treated wood; 

5 (viii) residuals from wastewater treat6 ment by the manufacturing industry, in7 cluding process wastewater with significant 

8 British thermal unit (‘‘Btu’’) value; 

9 (ix) paper and paper or cardboard re10 cycling residuals, including paper-derived 

11 fuel cubes, paper fines, and paper and 

12 cardboard rejects; 

13 (x) turpentine, turpentine derivatives, 

14 pine tar, rectified methanol, glycerine, lum15 ber kiln condensates, and wood char; 

16 (xi) tall oil and related soaps; 

17 (xii) biogases or bioliquids generated 

18 from biomass materials, wastewater oper19 ations, or landfill operations; 

20 (xiii) processed biomass derived from 

21 construction and demolition debris for the 

22 purpose of fuel production; and 

23 (xiv) animal manure and bedding ma24 terial; 

25 (B) solid and emulsified paraffin; 


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1 (C) petroleum and chemical reaction and 

2 distillation byproducts and residues, alcohol, 

3 ink, and nonhalogenated solvents; 

4 (D) tire-derived fuel, including factory 

5 scrap tire and related material; 

6 (E) foundry sand processed in thermal rec7 lamation units; 

8 (F) coal refuse and coal combustion re9 siduals; 

10 (G) shredded cloth and carpet scrap; 

11 (H) latex paint water, organic printing 

12 dyes and inks, recovered paint solids, and non13 metallic paint sludges; 

14 (I) nonchlorinated plastics; 

15 (J) all used oil that qualifies as recycled oil 

16 under section 1004 of the Solid Waste Disposal 

17 Act (42 U.S.C. 6903); 

18 (K) process densified fuels that contain 

19 any of the materials described in this para20 graph; and 

21 (L) any other specific or general categories 

22 of material that the Administrator determines 

23 the combustion of which is for use as a fuel 

24 pursuant to paragraph (2). 

25 (2) ADDITIONS TO THE LIST.— 


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1 (A) IN GENERAL.—To provide greater reg2 ulatory certainty, the Administrator may, after 

3 public notice and opportunity to comment, add 

4 nonhazardous secondary materials to the list 

5 published under paragraph (1)— 

6 (i) as the Administrator determines 

7 necessary; or 

8 (ii) based on a petition submitted by 

9 any person. 

10 (B) RESPONSE.—Not later than 120 days 

11 after receiving any petition under subparagraph 

12 (A)(ii), the Administrator shall respond to the 

13 petition. 

14 (C) REQUIREMENTS.—In making a deter15 mination under this paragraph, the Adminis16 trator may decline to add a material to the list 

17 under paragraph (1) if the Administrator deter18 mines that regulation under section 112 of the 

19 Clean Air Act (42 U.S.C. 7412) would not rea20 sonably protect public health with an ample 

21 margin of safety. 

22 SEC. 505. OTHER PROVISIONS. 

23 (a) ESTABLISHMENT OF STANDARDS ACHIEVABLE IN

24 PRACTICE.—In promulgating rules under section 702(a), 

25 the Administrator shall ensure that emissions standards 


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1 for existing and new sources established under section 112 

2 or 129 of the Clean Air Act (42 U.S.C. 7412, 7429), as 

3 applicable, can be met under actual operating conditions 

4 consistently and concurrently with emission standards for 

5 all other air pollutants regulated by the rule for the source 

6 category, taking into account variability in actual source 

7 performance, source design, fuels, inputs, controls, ability 

8 to measure the pollutant emissions, and operating condi9 tions. 

10 (b) REGULATORY ALTERNATIVES.—For each regula11 tion promulgated pursuant to section 702(a), from among 

12 the range of regulatory alternatives authorized under the 

13 Clean Air Act (42 U.S.C. 7401 et seq.) including work 

14 practice standards under section 112(h) of that Act (42 

15 U.S.C. 7412(h)), the Administrator shall impose the least 

16 burdensome, consistent with the purposes of that Act and 

17 Executive Order 13563 (76 Fed. Reg. 3821 (January 21, 

18 2011)). 

19 TITLE VI—REGULATORY TIME20 OUT 

21 SEC. 601. SHORT TITLE. 

22 This title may be cited as the ‘‘Regulatory Time-Out 

23 Act of 2011’’. 

24 SEC. 602. DEFINITIONS. 

25 In this title— 


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1 (1) the term ‘‘agency’’ has the meaning given 

2 that term under section 3502(1) of title 44, United 

3 States Code; and 

4 (2) the term ‘‘covered regulation’’ means a final 

5 regulation that— 

6 (A) directly or indirectly increases costs on 

7 businesses in a manner which will have an ad8 verse effect on job creation, job retention, pro9 ductivity, competitiveness, or the efficient func10 tioning of the economy; 

11 (B) is likely to— 

12 (i) have an annual effect on the econ13 omy of $100,000,000 or more; 

14 (ii) adversely affect in a material way 

15 the economy, a sector of the economy, pro16 ductivity, competition, jobs, the environ17 ment, public health or safety, or State, 

18 local, or tribal governments or commu19 nities; 

20 (iii) create a serious inconsistency or 

21 otherwise interfere with an action taken or 

22 planned by another agency; 

23 (iv) materially alter the budgetary im24 pact of entitlements, grants, user fees, or 


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1 loan programs or the rights and obliga2 tions of recipients thereof; or 

3 (v) raise novel legal or policy issues; 

4 and 

5 (C) did not take effect before September 1, 

6 2011. 

7 SEC. 603. TIME-OUT PERIOD FOR REGULATIONS. 

8 (a) PRIOR REGULATIONS.—A covered regulation that 

9 took effect before the date of enactment of this Act shall 

10 be treated as though that regulation never took effect for 

11 the 1-year period beginning on the date of enactment of 

12 this Act. 

13 (b) PROSPECTIVE REGULATIONS.—A covered regula14 tion that has not taken effect before the date of enactment 

15 of this Act, may not take effect during the 1-year period 

16 beginning on the date of enactment of this Act. 

17 SEC. 604. EXEMPTIONS. 

18 (a) IN GENERAL.—The head of an agency may ex19 empt a covered regulation prescribed by that agency from 

20 the application of section 603, if the head of the agency— 

21 (1) makes a specific finding that the covered 

22 regulation— 

23 (A) is necessary due to an imminent threat 

24 to human health or safety, or any other emer25 gency; 


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1 (B) is necessary for the enforcement of a 

2 criminal law; 

3 (C) has as its principal effect— 

4 (i) fostering private sector job cre5 ation and the enhancement of the competi6 tiveness of workers in the United States; 

7 (ii) encouraging economic growth; or 

8 (iii) repealing, narrowing, or stream9 lining a rule, regulation, or administrative 

10 process, or otherwise reducing regulatory 

11 burdens; 

12 (D) pertains to a military or foreign affairs 

13 function of the United States; or 

14 (E) is limited to interpreting, imple15 menting, or administering the Internal Revenue 

16 Code of 1986; and 

17 (2) submits the finding to Congress and pub18 lishes the finding in the Federal Register. 

19 (b) REVIEW.—Not later than 10 days after the date 

20 of enactment of this Act each agency shall submit any cov21 ered regulation that the head of the agency determines 

22 is exempt under this section to the Office of Management 

23 and Budget and Congress. 

24 (c) NONDELEGABLE AUTHORITY.—The head of an 

25 agency may not delegate the authority provided under this 


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1 section to exempt the application of any provision of this 

2 title. 

3 TITLE VII—RESCISSION OF 

4 UNSPENT FEDERAL FUNDS 

5 TO OFFSET LOSS IN REVE6 NUES 

7 SEC. 701. RESCISSION. 

8 (a) IN GENERAL.—Notwithstanding any other provi9 sion of law, except as provided in subsection (c), of all 

10 appropriated discretionary funds remaining unobligated as 

11 of the date of enactment of this Act, $40,000,000,000 is 

12 rescinded. 

13 (b) IMPLEMENTATION.— 

14 (1) IN GENERAL.—The Director of the Office of 

15 Management and Budget shall determine and iden16 tify— 

17 (A) to which appropriation accounts the 

18 rescission under subsection (a) shall apply; and 

19 (B) the amount of the rescission that shall 

20 apply to each such account. 

21 (2) REPORT.—Not later than 60 days after the 

22 date of enactment of this Act, the Director of the 

23 Office of Management and Budget shall submit to 

24 Congress and the Secretary of the Treasury a report 


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1 that describes the accounts and amounts determined 

2 and identified for rescission under paragraph (1). 

3 (c) EXCEPTION.—This section shall not apply to the 

4 unobligated funds of the Department of Defense, the 

5 Corps of Engineers, or the Department of Veterans Af6 fairs. 


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Calendar No. 214 

112TH CONGRESS 

1ST SESSION S. 1786 

A BILL 

To facilitate job creation by reducing regulatory unand for other purposes. localities, providing for infrastructure spending, regulations, providing flexibilities to States and certainty, providing for rational evaluation of 

NOVEMBER 2, 2011 

Read twice and ordered placed on the calendar 


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