H.R.1907 - Federal-aid Facility Privatization Act of 1995104th Congress (1995-1996)
|Sponsor:||Rep. McIntosh, David M. [R-IN-2] (Introduced 06/21/1995)|
|Committees:||House - Government Reform and Oversight; Transportation and Infrastructure|
|Latest Action:||House - 07/23/1996 Subcommittee Consideration and Mark-up Session Held. (All Actions)|
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Text: H.R.1907 — 104th Congress (1995-1996)All Information (Except Text)
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Introduced in House (06/21/1995)
[Congressional Bills 104th Congress] [From the U.S. Government Printing Office] [H.R. 1907 Introduced in House (IH)] 104th CONGRESS 1st Session H. R. 1907 To permit State and local governments to transfer--by sale or lease-- Federal-aid facilities to the private sector without repayment of Federal grants, provided the facility continues to be used for its original purpose, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES June 21, 1995 Mr. McIntosh (for himself and Mr. Horn) introduced the following bill; which was referred to the Committee on Government Reform and Oversight, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To permit State and local governments to transfer--by sale or lease-- Federal-aid facilities to the private sector without repayment of Federal grants, provided the facility continues to be used for its original purpose, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal-aid Facility Privatization Act of 1995''. SEC. 2. DEFINITIONS. For purposes of this title: (a) ``Privatization'' means the disposition or transfer of an infrastructure asset, whether by sale, lease, or similar arrangement, from a State or local government to a private party. (b) ``Infrastructure asset'' means any asset financed in whole or in part by the Federal Government and needed for the functioning of the economy. Examples of such assets include, but are not limited to: roads, tunnels, bridges, electricity supply facilities, mass transit, rail transportation, airports, ports, waterways, water supply and delivery facilities, recycling and wastewater treatment facilities, solid waste disposal facilities, housing, schools, prisons, and hospitals. (c) ``Originally authorized purposes'' means the general objectives of the original grant program; however, the term is not intended to include every condition required for a grantee to have obtained the original grant. (d) ``State and local governments'' means the government of any State of the United States, the District of Columbia, any commonwealth, territory or possession of the United States, and any county, municipality, city, town, township, local public authority, school district, special district, intrastate district, regional or interstate government entity, council of governments, and any agency of instrumentality of a local government, and any federally recognized Indian Tribe. SEC. 3. PRIVATIZATION INITIATIVES BY STATE AND LOCAL GOVERNMENTS. The head of each executive department and agency shall undertake the following actions: (a) Assist State and local governments in their efforts to privatize their infrastructure assets. (b) Approve requests from State and local governments to privatize infrastructure assets and waive or modify any grant assurance, consistent with section 4. SEC. 4. CRITERIA. The head of an executive department or agency shall approve a request if-- (a) the State or local government demonstrates that a market mechanism, legally enforceable agreement, or regulatory mechanism will ensure that the infrastructure asset or assets continue to be used for their originally authorized purposes, so long as needed for those purposes; and (b) the private party purchasing or leasing the infrastructure asset agrees to comply with all applicable grant assurances. SEC. 5. NO OBLIGATION TO REPAY FEDERAL GRANT MONIES. A State or local government shall have no obligation to repay to any agency of the Federal government any federal grant monies received by the State or local government in connection with the infrastructure asset that is being privatized. SEC. 6. USE OF PROCEEDS. A State or local government may use proceeds from the privatization of an infrastructure asset to the extent permitted under applicable grant assurances and provisions. Notwithstanding any other provision of law, the State or local government shall be permitted to recover its capital investment, an amount equal to its unreimbursed operating expenses in any infrastructure asset, and a reasonable rate of return. <all>