I 112th CONGRESS 1st Session H. R. 1585 IN THE HOUSE OF REPRESENTATIVES April 15, 2011 Mr. Lankford introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To allow States to elect to receive contributions to the Highway Trust Fund in lieu of participating in the Federal-aid highway program or certain public transportation programs.
1.
Short title
This Act may be cited as the State Highway Flexibility Act.
2.
Direct Federal-aid highway program
(a)
In general
Chapter 1 of title 23, United States Code, is amended by inserting after section 149 the following:
150.
Direct Federal-Aid highway program
(a)
Election by State not To participate
Notwithstanding any other provision of law, a State may elect not to participate in a Federal program relating to highways, including any Federal highway program under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (Public Law 109–59), this title, or title 49. (b)
Direct Federal-Aid highway program
Beginning in fiscal year 2011, the Secretary shall carry out a direct Federal-aid highway program in accordance with the requirements of this section. Under the program, the Governor or chief executive officer of a State may elect, not fewer than 90 days before the beginning of a fiscal year— (1)to waive the right of the State to receive amounts apportioned or allocated to it under the Federal-aid highway program for the fiscal year to which the election relates; and (2)to receive instead the amount determined under subsection (e) for that fiscal year. (c)
State Responsibility
(1)
In general
The Governor or chief executive officer of a State making an election under subsection (b) shall— (A)agree to maintain the Interstate System in accordance with its current Interstate System program; (B)submit a plan to the Secretary describing— (i)the purposes, projects, and uses to which amounts received under the direct Federal-aid highway program will be put; and (ii)which programmatic requirements of this title the State elects to continue; (C)agree to obligate or expend amounts received under the direct Federal-aid highway program exclusively for projects that would be eligible for funding under section 133(b) if the State was not participating in the program; and (D)agree to report annually to the Secretary on the use of amounts received under the direct Federal-aid highway program and to make the report available to the public in an easily accessible format. (2)
No limitation on use of funds
Except as provided in paragraph (1), the expenditure or obligation of funds received by a State under the direct Federal-aid highway program shall not be subject to regulation under this title (except for this section), title 49, or any other Federal law. (3)
Election irrevocable
An election under subsection (b) shall be irrevocable during the applicable fiscal year. (d)
Effect on pre-Existing commitments
The making of an election under subsection (b) shall not affect any responsibility or commitment of the State under this title for any fiscal year with respect to— (1)a project or program funded under this title (other than under this section); or (2)any project or program funded under this title in any fiscal year for which an election under subsection (b) is not in effect. (e)
Transfers
(1)
In general
The amount to be transferred to a State under the direct Federal-aid highway program for a fiscal year shall be the portion of the taxes appropriated to the Highway Trust Fund under section 9503 of the Internal Revenue Code of 1986, other than for the Mass Transit Account, for that fiscal year that is attributable to highway users in that State during that fiscal year, reduced by a pro rata share withheld by the Secretary to fund contract authority for programs of the National Highway Traffic Safety Administration and the Federal Motor Carrier Safety Administration. (2)
Transfers
(A)
In general
Transfers under the program— (i)shall be made at the same time as deposits to the Highway Trust Fund are made by the Secretary of the Treasury; and (ii)shall be made on the basis of estimates by the Secretary, in consultation with the Secretary of the Treasury, based on the most recent data available, and proper adjustments shall be made in amounts subsequently transferred to the extent prior estimates were in excess of, or less than, the amounts required to be transferred. (B)
Limitation
An adjustment under subparagraph (A)(ii) to any transfer may not exceed 5 percent of the transferred amount to which the adjustment relates. If the adjustment required under subparagraph (A)(ii) exceeds that percentage, the excess shall be taken into account in making subsequent adjustments under subparagraph (A)(ii). (f)
Application with other authority
There shall be rescinded or canceled any contract authority under this chapter (and any obligation limitation) for a State for a fiscal year for which an election by that State is in effect under subsection (b). (g)
Maintenance of effort
(1)
In general
Not later than 30 days after the date on which an amount is distributed to a State or State agency under the State Highway Flexibility Act or an amendment made by that Act, the Governor or chief executive officer of the State shall certify to the Secretary that the State will maintain the effort of the State with regard to State funding for the types of projects that are funded by the amounts. (2)
Amounts
As part of the certification, the Governor or chief executive officer shall submit to the Secretary a statement identifying the amount of funds the State plans to expend from State sources during the covered period, for the types of projects that are funded by the amounts. (h)
Treatment of general revenues
For purposes of this section, any general revenue funds appropriated to the Highway Trust Fund shall be transferred to a State under the program in the manner described in subsection (e).
. (b)
Conforming amendment
The analysis for title 23, United States Code, is amended by inserting after the item relating to section 149 the following: 150. Direct Federal-aid highway program. .
3.
Alternative funding of public transportation programs
(a)
In general
Chapter 53 of title 49, United States Code, is amended by adding at the end the following:
5341.
Alternative funding of public transportation programs
(a)
Definitions
In this section— (1)the term alternative funding program means the program established under subsection (c); and (2)the term covered programs means the programs authorized under— (A)sections 5305, 5307, 5308, 5309, 5310, 5311, 5316, 5317, 5320, 5335, 5339, and 5340 of title 49, United States Code; and (B)section 3038 of the Federal Transit Act of 1998 (49 U.S.C. 5310 note). (b)
Election by State not To participate
Notwithstanding any other provision of law, a State may elect not to participate in a Federal program relating to public transportation, including any Federal public transportation program under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (Public Law 109–59; 119 Stat. 1144), title 23, or this title. (c)
Public transportation program
(1)
Program established
Beginning in fiscal year 2011, the Secretary shall carry out an alternative funding program under which the Governor or chief executive officer of a State may elect, not fewer than 90 days before the beginning of a fiscal year— (A)to waive the right of the State to receive amounts apportioned or allocated to it under the covered programs for the fiscal year to which the election relates; and (B)to receive an amount for that fiscal year that is determined in accordance with subsection (e). (2)
Program requirements
(A)
In general
The Governor or chief executive officer of a State that participates in the alternative funding program shall— (i)submit a plan to the Secretary describing— (I)the purposes, projects, and uses to which amounts received under the alternative funding program will be put; and (II)which programmatic requirements of this title the State elects to continue; (ii)agree to obligate or expend amounts received under the alternative funding program exclusively for projects that would be eligible for funding under the covered programs if the State was not participating in the alternative funding program; and (iii)submit an annual report to the Secretary on the use of amounts received under the alternative funding program, and to make the report available to the public in an easily accessible format. (B)
No limitation on use of funds
Except as provided in subparagraph (A), the expenditure or obligation of funds received by a State under the alternative funding program shall not be subject to the provisions of this title (except for this section), title 23, or any other Federal law. (3)
Election irrevocable
An election under paragraph (1) shall be irrevocable during the applicable fiscal year. (d)
Effect on pre-Existing commitments
Participation in the alternative funding program shall not affect any responsibility or commitment of the State under this title for any fiscal year with respect to— (1)a project or program funded under this title (other than under this section); or (2)any project or program funded under this title in any fiscal year for which the State elects not to participate in the alternative funding program. (e)
Transfers
(1)
In general
The amount to be transferred to a State under the alternative funding program for a fiscal year shall be the portion of the taxes transferred to the Mass Transit Account of the Highway Trust Fund under section 9503(e) of the Internal Revenue Code of 1986, for that fiscal year, that is attributable to highway users in that State during that fiscal year. (2)
Transfers
(A)
In general
Transfers under the program— (i)shall be made at the same time as transfers to the Mass Transit Account of the Highway Trust Fund are made by the Secretary of the Treasury; and (ii)shall be made on the basis of estimates by the Secretary, in consultation with the Secretary of the Treasury, based on the most recent data available, and proper adjustments shall be made in amounts subsequently transferred, to the extent prior estimates were in excess of, or less than, the amounts required to be transferred. (B)
Limitation
An adjustment under subparagraph (A)(ii) to any transfer may not exceed 5 percent of the transferred amount to which the adjustment relates. If the adjustment required under subparagraph (A)(ii) exceeds that percentage, the excess shall be taken into account in making subsequent adjustments under subparagraph (A)(ii). (f)
Contract authority
There shall be rescinded or canceled any contract authority under this chapter (and any obligation limitation) for a State for a fiscal year for which the State elects to participate in the alternative funding program. (g)
Maintenance of effort
(1)
In general
Not later than 30 days after the date on which an amount is distributed to a State or State agency under the State Highway Flexibility Act or an amendment made by that Act, the Governor or chief executive officer of the State shall certify to the Secretary that the State will maintain the effort of the State with regard to State funding for the types of projects that are funded by the amounts. (2)
Amounts
The certification under paragraph (1) shall include a statement identifying the amount of funds the State plans to expend from State sources for projects funded under the alternative funding program, during the fiscal year for which the State elects to participate in the alternative funding program. (h)
Treatment of general revenues
For purposes of this section, any general revenue funds appropriated to the Highway Trust Fund shall be transferred to a State under the program in the manner described in subsection (e).
. (b)
Conforming amendment
The analysis for title 49, United States Code, is amended by inserting after the item relating to section 5340 the following: 5341. Alternative funding of public transportation programs. .