I 

112TH CONGRESS 

1ST SESSION H. R. 1123 

To amend title 23, United States Code, to revise certain infrastructure finance 

provisions. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 16, 2011 

Ms. RICHARDSON introduced the following bill; which was referred to the 

Committee on Transportation and Infrastructure 

A BILL 

To amend title 23, United States Code, to revise certain 

infrastructure finance provisions. 

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. 

4 This Act may be cited as the ‘‘TIFIA Expansion Act 

5 of 2011’’. 

6 SEC. 2. TIFIA FUNDING OF QUALIFIED TRANSIT CAPITAL 

7 PROJECTS. 

8 (a) DEFINITION OF MASTER CREDIT AGREEMENT.— 

9 Section 601(a) of title 23, United States Code, is amend10 ed— 


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1 (1) in paragraph (8)— 

2 (A) by striking ‘‘and’’ at the end of sub3 paragraph (C); 

4 (B) by striking the period at the end of 

5 subparagraph (D) and inserting ‘‘and;’’; and 

6 (C) by adding at the end the following: 

7 ‘‘(E) a project or program of related 

8 projects that— 

9 ‘‘(i) is for the design, acquisition, con10 struction, or rehabilitation of one or more 

11 transportation projects that reduces emis12 sions of greenhouse gases or has a positive 

13 impact on congestion; and 

14 ‘‘(ii) receives not more than 30 per15 cent of its funding for capital costs from 

16 Federal grant funds made available under 

17 this title or chapter 53 of title 49, United 

18 States Code.’’; and 

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

20 ‘‘(15) MASTER CREDIT AGREEMENT.—The term 

21 ‘master credit agreement’ means an agreement en22 tered into by and between the Secretary and an obli23 gor for a project defined in paragraph (9)(E) that— 


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1 ‘‘(A) makes contingent commitments of 

2 one or more secured loans or other Federal 

3 credit instruments at future dates; 

4 ‘‘(B) establishes the amounts and general 

5 terms and conditions of such secured loans or 

6 other Federal credit instruments; 

7 ‘‘(C) identifies the dedicated revenue 

8 sources that will secure the repayment of such 

9 secured loans or other Federal credit instru10 ments; and 

11 ‘‘(D) provides for the obligation of funds 

12 for such secured loans or other Federal credit 

13 instruments after all requirements under sec14 tion 602(c) have been met for the project, in15 cluding compliance with the requirements of the 

16 National Environmental Policy Act of 1969 (42 

17 U.S.C. 432i et seq.).’’. 

18 (b) ELIGIBILITY AND ELIGIBLE PROJECTED

19 COSTS.—Section 602(a) of title 23, United States Code, 

20 is amended— 

21 (1) in paragraph (1) by adding before the pe22 riod at the end the following: 

23 ‘‘(1) , including, in the case of a master credit 

24 agreement, at such time as the disbursement of loan 


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1 proceeds or the provision of other credit assistance 

2 pursuant to the master credit agreement’’; and 

3 (2) in paragraph 3— 

4 (A) by striking ‘‘subparagraph (B)’’ in 

5 subparagraph (A) and inserting ‘‘subpara6 graphs (B) and (C)’’; and 

7 (B) by adding at the end the following: 

8 ‘‘(C) MEGA TRANSPORTATION PROJECTS.—In 

9 the case of a project defined in section 601(a)(8)(E), 

10 eligible project costs shall be reasonably anticipated 

11 to equal or exceed $1,000,000,000.’’. 

12 (c) SECURED LOANS.—Section 603(b)— 

13 (1) in paragraph (2) of title 23, United States 

14 Code, is amended by striking ‘‘33 percent’’ and in15 serting ‘‘49 percent’’; 

16 (2) in paragraph (4)— 

17 (A) by striking ‘‘The interest rate’’ and in18 serting the following: 

19 ‘‘(A) IN GENERAL.—The interest rate’’; 

20 and 

21 (B) by adding at the end the following new 

22 subparagraph: 

23 ‘‘(B) REDUCTION IN INTEREST RATE.— 

24 ‘‘(i) IN GENERAL.—If the Secretary 

25 determines that the interest rate described 


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1 under subparagraph (A) has increased by 

2 more than 1 percent between the time the 

3 Secretary signs the master credit agree4 ment and the time at which the secured 

5 loan is made with respect to a project that 

6 is the subject of such master credit agree7 ment, the Secretary may allow the interest 

8 rate on the secured loan to be up to— 

9 ‘‘(I) 1 percent lower than sub10 paragraph (A) allows; or 

11 ‘‘(II) for a secured loan being 

12 made with respect to a project that is 

13 certified by the Secretary, in consulta14 tion with the Administrator of the En15 vironmental Protection Agency, as 

16 only using clean construction equip17 ment, 1.5 percent lower than subpara18 graph (A) allows. 

19 ‘‘(ii) CLEAN CONSTRUCTION EQUIP20 MENT DEFINED.—For purposes of this 

21 subparagraph, the term ‘clean construction 

22 equipment’ means nonroad construction ve23 hicles or equipment powered by diesel en24 gines that— 


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1 ‘‘(I) are certified to meet the En2 vironmental Protection Agency’s Tier 

3 4 nonroad engine fine particulate 

4 emission standards, published in the 

5 Federal Register on June 29, 2004 

6 (69 Fed. Reg. 38958); or 

7 ‘‘(II) achieve through other 

8 means a particulate matter emission 

9 reduction of 85 percent or more from 

10 uncontrolled engine emission levels.’’; 

11 and 

12 (3) in paragraph (6) by inserting before the pe13 riod the following: ‘‘, except that when making a se14 cured loan, the Secretary may waive the application 

15 of this paragraph with respect to the loan if the 

16 amount of the loan does not exceed 33 percent of 

17 the reasonably anticipated eligible project costs and 

18 the loan is secured by tax revenue’’. 

19 (d) LINES OF CREDIT.—Section 604(b)(2) of title 23, 

20 United States Code, is amended by striking ‘‘33 percent’’ 

21 and inserting ‘‘49 percent’’. 

22 (e) FUNDING.—Section 608(a) of title 23, United 

23 States Code, is amended— 

24 (1) in paragraph (1) by striking ‘‘$122,000,000 

25 for each of fiscal years 2005 through 2009’’ and inVerDate Mar 15 2010 04:43 Mar 17, 2011 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1123.IH H1123

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1 serting ‘‘$375,000,000 for each of fiscal years 2011 

2 through 2015’’; and 

3 (2) in paragraph (3) by striking ‘‘$2,200,000 

4 for each of fiscal years 2005 through 2009’’ and in5 serting ‘‘$5,000,000 for each of fiscal years 2011 

6 through 2015’’. 

7 (f) CERTAIN UNOBLIGATED BALANCES.—With re8 spect to a secured loan made pursuant to chapter 6 of 

9 title 23, United States Code, only unobligated balances 

10 provided to carry out such chapter that were appropriated 

11 for a fiscal year prior to the fiscal year in which such se12 cured loan is made, and which remain available, may be 

13 used to carry out the authority granted to the Secretary 

14 of Transportation by the amendment made by subsection 

15 (c)(2)(B). 

16 (g) CONFORMING AMENDMENT.—Section 603(a)(1) 

17 of title 23, United States Code, is amended by inserting 

18 after ‘‘into agreements’’ the following: ‘‘, including master 

19 credit agreements,’’. 

Æ 


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