S.Amdt. 1725Senate112th Congress (2011-2013)

S.Amdt. 1725

What it does: Adds SEC. ___. REVIEW AND REGULATION OF TOLLS wherever appropriate
Submitted February 17, 2012

What it changes

1 change to S. 1813

Adds a section
  1. Adds SEC. ___. REVIEW AND REGULATION OF TOLLS wherever appropriate

    Adds a section

    Inserted: SEC. ___. REVIEW AND REGULATION OF TOLLS.

    Inserted: (a) In General.--Section 135 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (33 U.S.C. 508; Public Law 100 17; 101 Stat. 174) is amended to read as follows:

    Inserted: "SEC. 135. REVIEW AND REGULATION OF TOLLS.

    Inserted: "(a) In General.--Tolls for passage or transit over any bridge constructed under the Act of March 23, 1906 (33 U.S.C. 491 et seq.) (commonly known as the 'Bridge Act of 1906'), the General Bridge Act of 1946 (33 U.S.C. 525 et seq.), or the International Bridge Act of 1972 (33 U.S.C. 535 et seq.), and over or through any bridge or tunnel constructed on a Federal-aid highway (as defined in section 101(a) of title 23, United States Code) under any other provision of law, shall be--

    Inserted: "(1) just and reasonable; and

    Inserted: "(2) subject to review and regulation by the Secretary, upon complaint or the initiative of the Secretary, including with respect to increases in the amount of tolls.

    Inserted: "(b) Regulations.--The Secretary shall promulgate such regulations as are necessary to carry out this section, including regulations that--

    Inserted: "(1)(A) define the term 'just and reasonable' for purposes of this section;

    Inserted: "(B) establish a process to determine whether tolls are just and reasonable for purposes of this section; and

    Inserted: "(C) prescribe, when appropriate, the just and reasonable rates of tolls to be charged under this section;

    Inserted: "(2) establish a process for the filing of an administrative complaint to challenge a determination described in paragraph (1)(B);

    Inserted: "(3) authorize the Secretary, or a designated administrative law judge--

    Show 9 more inserted paragraphs

    Inserted: "(A) to consider a complaint from any person aggrieved by a toll increase on any bridge or tunnel described in subsection (a); and

    Inserted: "(B) to conduct an investigation and, if appropriate, hold a formal hearing on such a complaint; and

    Inserted: "(4) authorize a person who submitted a complaint described in paragraph (3)(A) to challenge the final administrative determination of the Secretary or administrative law judge on the complaint, after issuance of that determination, in the appropriate United States district court in accordance with subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the 'Administrative Procedure Act').".

    Inserted: (b) Conforming Amendment.--The table of contents for the Surface Transportation and Uniform Relocation Assistance Act of 1987 (23 U.S.C. 101 note; Public Law 100 17) is amended by striking the item relating to section 135 and inserting the following:

    Inserted: "Sec. 135. Review and regulation of tolls.".

    Inserted: SEC. __. STUDY ON USE OF TOLLS BY INTERSTATE AUTHORITIES.

    Inserted: As soon as practicable after the date of enactment of this Act, the Comptroller General shall conduct, and submit to the appropriate committees of Congress a report on the results of, a study--

    Inserted: (1) to evaluate the use of tolls by interstate authorities to maintain and improve surface transportation facilities; and

    Inserted: (2) to make recommendations to increase transparency and accountability of the funding decisions by those authorities.

    The amendment doesn't say where this goes; the clerk decides.

    Original wording

    At the appropriate place, insert the following:

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As printed

SA 1725. Mr. LAUTENBERG submitted an amendment intended to be proposed by him to the bill S. 1813, to reauthorize Federal-aid highway and highway safety construction programs, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. REVIEW AND REGULATION OF TOLLS.

(a) In General.--Section 135 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (33 U.S.C. 508; Public Law 100 17; 101 Stat. 174) is amended to read as follows:

“SEC. 135. REVIEW AND REGULATION OF TOLLS.

“(a) In General.--Tolls for passage or transit over any bridge constructed under the Act of March 23, 1906 (33 U.S.C. 491 et seq.) (commonly known as the ‘Bridge Act of 1906'), the General Bridge Act of 1946 (33 U.S.C. 525 et seq.), or the International Bridge Act of 1972 (33 U.S.C. 535 et seq.), and over or through any bridge or tunnel constructed on a Federal-aid highway (as defined in section 101(a) of title 23, United States Code) under any other provision of law, shall be--

“(1) just and reasonable; and

“(2) subject to review and regulation by the Secretary, upon complaint or the initiative of the Secretary, including with respect to increases in the amount of tolls.

“(b) Regulations.--The Secretary shall promulgate such regulations as are necessary to carry out this section, including regulations that--

“(1)(A) define the term ‘just and reasonable' for purposes of this section;

“(B) establish a process to determine whether tolls are just and reasonable for purposes of this section; and

“(C) prescribe, when appropriate, the just and reasonable rates of tolls to be charged under this section;

“(2) establish a process for the filing of an administrative complaint to challenge a determination described in paragraph (1)(B);

“(3) authorize the Secretary, or a designated administrative law judge--

“(A) to consider a complaint from any person aggrieved by a toll increase on any bridge or tunnel described in subsection (a); and

“(B) to conduct an investigation and, if appropriate, hold a formal hearing on such a complaint; and

“(4) authorize a person who submitted a complaint described in paragraph (3)(A) to challenge the final administrative determination of the Secretary or administrative law judge on the complaint, after issuance of that determination, in the appropriate United States district court in accordance with subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the ‘Administrative Procedure Act').”.

(b) Conforming Amendment.--The table of contents for the Surface Transportation and Uniform Relocation Assistance Act of 1987 (23 U.S.C. 101 note; Public Law 100 17) is amended by striking the item relating to section 135 and inserting the following:

“Sec. 135. Review and regulation of tolls.”.

SEC. __. STUDY ON USE OF TOLLS BY INTERSTATE AUTHORITIES.

As soon as practicable after the date of enactment of this Act, the Comptroller General shall conduct, and submit to the appropriate committees of Congress a report on the results of, a study--

(1) to evaluate the use of tolls by interstate authorities to maintain and improve surface transportation facilities; and

(2) to make recommendations to increase transparency and accountability of the funding decisions by those authorities.

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Senate amendment submitted

February 17, 2012