[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1525 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 159
112th CONGRESS
  1st Session
                                S. 1525

        To extend the authority of Federal-aid highway programs.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 8, 2011

    Mrs. Boxer, from the Committee on Environment and Public Works, 
 reported the following original bill; which was read twice and placed 
                            on the calendar

_______________________________________________________________________

                                 A BILL


 
        To extend the authority of Federal-aid highway programs.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Surface 
Transportation Extension Act of 2012''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
                     TITLE I--FEDERAL-AID HIGHWAYS

Sec. 101. Federal-aid highway programs continuation.
Sec. 102. Administrative expenses.
                     TITLE II--ADDITIONAL PROGRAMS

Sec. 201. Dingell-Johnson Sport Fish Restoration Act.
                         TITLE III--RESCISSION

Sec. 301. Rescission of unobligated balances.

SEC. 2. DEFINITIONS.

    In this Act and the amendments made by this Act:
            (1) Part-year funding date.--The term ``Part-Year Funding 
        Date'' means January 31, 2012.
            (2) Part-year ratio.--The term ``Part-Year Ratio'' means 
        the ratio calculated by dividing--
                    (A) the number of days included in the period 
                beginning on October 1, 2011, and ending on the Part-
                Year Funding Date; by
                    (B) 366.
            (3) SAFETEA-LU.--The term ``SAFETEA-LU'' means the Safe, 
        Accountable, Flexible, Efficient Transportation Equity Act: A 
        Legacy for Users (Public Law 109-59; 119 Stat. 1144).
            (4) STEA of 2010.--The term ``STEA of 2010'' means the 
        Surface Transportation Extension Act of 2010 (Public Law 111-
        147; 124 Stat. 78).

                     TITLE I--FEDERAL-AID HIGHWAYS

SEC. 101. FEDERAL-AID HIGHWAY PROGRAMS CONTINUATION.

    (a) In General.--Except as otherwise provided in this section, 
requirements, authorities, conditions, eligibilities, limitations, and 
other provisions authorized under titles I, V, and VI of SAFETEA-LU 
(119 Stat. 1144), the SAFETEA-LU Technical Corrections Act of 2008 (122 
Stat. 1572), titles I and VI of the Intermodal Surface Transportation 
Efficiency Act of 1991 (105 Stat. 1914), titles I and V of the 
Transportation Equity Act for the 21st Century (112 Stat. 107), and 
title 23, United States Code (excluding chapter 4 of that title), which 
would otherwise expire on or cease to apply after September 30, 2011, 
are incorporated by reference and shall continue in effect through the 
Part-Year Funding Date.
    (b) Authorization of Appropriations.--Except as provided in section 
102, there are authorized to be appropriated out of the Highway Trust 
Fund (other than the Mass Transit Account) for the period beginning on 
October 1, 2011, and ending on the Part-Year Funding Date, a sum equal 
to--
            (1) the total amount authorized to be appropriated out of 
        the Highway Trust Fund (other than the Mass Transit Account) 
        for programs, projects, and activities for fiscal year 2011 
        under subtitle A of title IV of the STEA of 2010; multiplied by
            (2) the Part-Year Ratio.
    (c) Use of Funds.--
            (1) In general.--Except as otherwise expressly provided in 
        this section, funds authorized to be appropriated under 
        subsection (b) for the period beginning on October 1, 2011, and 
        ending on the Part-Year Funding Date, shall be distributed, 
        administered, limited, and made available for obligation in the 
        same manner and in the same proportional amounts as funds 
        authorized to be appropriated out of the Highway Trust Fund for 
        fiscal year 2011 to carry out programs, projects, activities, 
        eligibilities, and requirements under sections 411(d)(2), 
        411(d)(3)(B), and 411(d)(4) of the STEA of 2010, SAFETEA-LU 
        (119 Stat. 1144), the SAFETEA-LU Technical Corrections Act of 
        2008 (122 Stat. 1572), titles I and VI of the Intermodal 
        Surface Transportation Efficiency Act of 1991 (105 Stat. 1914), 
        titles I and V of the Transportation Equity Act for the 21st 
        Century (112 Stat. 107), and title 23, United States Code 
        (excluding chapter 4 of that title).
            (2) Contract authority.--
                    (A) In general.--Except as provided in subparagraph 
                (B), funds authorized to be appropriated under this 
                section--
                            (i) shall be available for obligation and 
                        shall be administered in the same manner as if 
                        such funds were apportioned under chapter 1 of 
                        title 23, United States Code; and
                            (ii) for the period beginning on October 1, 
                        2011, and ending on the Part-Year Funding Date, 
                        shall be subject to a limitation on obligations 
                        included in an Act making appropriations for 
                        fiscal year 2012 or a portion of that fiscal 
                        year, except that during such period 
                        obligations subject to such limitation shall 
                        not exceed--
                                    (I) the amount of such limitation 
                                on obligations included in an Act 
                                making appropriations for fiscal year 
                                2012; multiplied by
                                    (II) the Part-Year Ratio.
                    (B) Exceptions.--A limitation on obligations 
                described in subparagraph (A)(ii) shall not apply to 
                any obligation under--
                            (i) section 125 of title 23, United States 
                        Code; or
                            (ii) section 105 of title 23, United States 
                        Code for the period beginning on October 1, 
                        2011, and ending on the Part-Year Funding Date, 
                        only in an amount equal to $639,000,000 
                        multiplied by the Part-Year Ratio.
            (3) Calculations for distribution of obligation 
        limitation.--Upon enactment of an Act making appropriations for 
        the Department of Transportation for fiscal year 2012 (other 
        than an Act or resolution making continuing appropriations), 
        the Secretary of Transportation shall--
                    (A) as necessary for purposes of making the 
                calculations for the distribution of any obligation 
                limitation under such Act, annualize the amount of 
                contract authority provided under this title for 
                Federal-aid highways and highway safety construction 
                programs; and
                    (B) multiply the resulting distribution of any 
                obligation limitation under such Act by the Part-Year 
                Ratio.
    (d) Extension of Authorizations Under Title V of SAFETEA-LU.--
            (1) In general.--Each program authorized under paragraphs 
        (1) through (5) of section 5101(a) of SAFETEA-LU (119 Stat. 
        1779) shall be continued for the period beginning on October 1, 
        2011, and ending on the Part-Year Funding Date, at the funding 
        level made available for that program for fiscal year 2011, 
        multiplied by the Part-Year Ratio.
            (2) Distribution of funds.--Funds for programs continued 
        under paragraph (1) shall be distributed to major program areas 
        under those programs in the same proportions as funds were 
        allocated for those program areas for fiscal year 2011, except 
        that designations for specific activities shall not be required 
        to be continued for the period beginning on October 1, 2011, 
        and ending on the Part-Year Funding Date.

SEC. 102. ADMINISTRATIVE EXPENSES.

    (a) Authorization of Contract Authority.--Notwithstanding any other 
provision of this title or any other law, there are authorized to be 
appropriated from the Highway Trust Fund (other than the Mass Transit 
Account), from amounts provided under section 101, for administrative 
expenses of the Federal-aid highway program for the period beginning on 
October 1, 2011, and ending on the Part-Year Funding Date, an amount 
equal to $422,425,000 multiplied by the Part-Year Ratio.
    (b) Contract Authority.--Funds authorized to be appropriated by 
this section shall be--
            (1) available for obligation, and shall be administered, in 
        the same manner as if such funds were apportioned under chapter 
        1 of title 23, United States Code; and
            (2) subject to a limitation on obligations for Federal-aid 
        highways and highway safety construction programs, except that 
        such funds shall remain available until expended.

                     TITLE II--ADDITIONAL PROGRAMS

SEC. 201. DINGELL-JOHNSON SPORT FISH RESTORATION ACT.

    Section 4 of the Dingell-Johnson Sport Fish Restoration Act (16 
U.S.C. 777c) is amended--
            (1) in subsection (a) by inserting ``and, for the period 
        beginning on October 1, 2011, and ending on the Part-Year 
        Funding Date set forth or otherwise established in the Surface 
        Transportation Extension Act of 2012'' after ``2006 through 
        2011'' ; and
            (2) in subsection (b)(1)(A) by inserting ``and, for the 
        period beginning on October 1, 2011, and ending on the Part-
        Year Funding Date set forth or otherwise established in the 
        Surface Transportation Extension Act of 2012'' after ``2006 
        through 2011''.

                         TITLE III--RESCISSION

SEC. 301. RESCISSION OF UNOBLIGATED BALANCES.

    On September 1, 2012, of the unobligated balances of funds 
apportioned before that date to each State under chapter 1 of title 23, 
United States Code, $3,130,000,000 is permanently rescinded: Provided, 
That such rescission shall not apply to the funds distributed in 
accordance with sections 130(f) and 104(b)(5) of title 23, United 
States Code, sections 133(d)(1) and 163 of that title (as in effect on 
the day before the date of enactment of the SAFETEA-LU), or the first 
sentence of section 133(d)(3)(A) of title 23, United States Code: 
Provided further, That notwithstanding section 1132 of the Energy 
Independence and Security Act of 2007 (121 Stat. 1763), in 
administering the rescission required under this section, the Secretary 
of Transportation shall allow each State to determine the amount of the 
required rescission to be drawn from the programs to which the 
rescission applies.
                                                       Calendar No. 159

112th CONGRESS

  1st Session

                                S. 1525

_______________________________________________________________________

                                 A BILL

        To extend the authority of Federal-aid highway programs.

_______________________________________________________________________

                           September 8, 2011

                 Read twice and placed on the calendar