[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 252 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 252

To permit a State to elect to receive the contributions of the State to 
   the Highway Trust Fund in lieu of the Federal-aid highway program 
  apportionment of the State for the subsequent fiscal year, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

Mrs. Hutchison introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
To permit a State to elect to receive the contributions of the State to 
   the Highway Trust Fund in lieu of the Federal-aid highway program 
  apportionment of the State for the subsequent fiscal year, 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 ``Highway Fairness and Reform Act of 
2011''.

SEC. 2. ELECTION TO RECEIVE STATE CONTRIBUTION TO HIGHWAY TRUST FUND IN 
              LIEU OF PARTICIPATING IN FEDERAL-AID HIGHWAY PROGRAM.

    (a) In General.--Chapter 1 of title 23, United States Code, is 
amended by inserting after section 149 the following:
``Sec. 150. Direct Federal-aid highway program
    ``(a) Program.--
            ``(1) In general.--Beginning with fiscal year 2011, the 
        Secretary shall carry out a direct Federal-aid highway program 
        in accordance with this section under which the Governor or 
        chief executive officer of a State may elect, not less than 90 
        days before the beginning of each fiscal year--
                    ``(A) to have the State waive the right of the 
                State to receive amounts apportioned or allocated to 
                the State under the Federal-aid highway program for the 
                fiscal year to which the election relates; and
                    ``(B) to receive instead the amount determined 
                under subsection (d) for that fiscal year.
            ``(2) Form and nature of election.--An election under this 
        subsection shall be made in such form and manner as the 
        Secretary may require and shall be irrevocable.
    ``(b) State Responsibility.--
            ``(1) In general.--The Secretary shall accept an election 
        under subsection (a) if the Secretary determines that the State 
        making the election--
                    ``(A) has an Interstate maintenance program and 
                agrees to maintain the portions of the Interstate 
                System in the State in accordance with that program;
                    ``(B) submits a plan to the Secretary describing--
                            ``(i) the purposes, projects, and uses to 
                        which amounts received under the program will 
                        be put; and
                            ``(ii) which programmatic requirements of 
                        this title the State elects to continue;
                    ``(C) agrees to obligate or expend amounts received 
                under the program exclusively for projects that would 
                be eligible for funding under section 133(b) if the 
                State were not participating in the program; and
                    ``(D) agrees to report annually to the Secretary on 
                the use of amounts received under the program and to 
                make the report available to the public in an easily 
                accessible format.
            ``(2) Safety requirements.--The Secretary may determine 
        that requirements important for transportation safety continue 
        to apply to a State that makes an election under subsection 
        (a).
            ``(3) Surface transportation program.--A State that makes 
        an election under subsection (a) shall continue to suballocate 
        funds to urbanized areas and other areas using the formulae and 
        rules under section 133(d)(3).
            ``(4) No limitation on use of funds.--Except as provided in 
        paragraphs (1), (2), and (3), the expenditure or obligation of 
        funds received by the State under the program is not subject to 
        regulation under this title or title 49.
    ``(c) Effect on Pre-Existing Obligations.--The making of an 
election under subsection (a) shall not affect any obligation, 
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 (a) is not 
        in effect.
    ``(d) Transfers.--
            ``(1) In general.--The amount to be transferred to a State 
        under the program for a fiscal year shall be the portion of the 
        tax revenue appropriated to the Highway Trust Fund under 
        section 9503 of the Internal Revenue Code of 1986, other than 
        for the Mass Transit Account, for a fiscal year for which an 
        election is in effect under subsection (a) 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) General fund amounts.--For purposes of paragraph (1), 
        any amounts deposited in or credited to the Highway Trust Fund 
        from the general fund of the Treasury shall be treated as if 
        the amounts were amounts received as tax revenue and 
        appropriated to the Fund.
            ``(3) Transfers.--
                    ``(A) In general.--Transfers under the program 
                shall be made--
                            ``(i) at the same time as deposits to the 
                        Highway Trust Fund are made by the Secretary of 
                        the Treasury; and
                            ``(ii) on the basis of estimates by the 
                        Secretary, in consultation with the Secretary 
                        of the Treasury.
                    ``(B) Adjustments.--Subject to subparagraph (C), 
                proper adjustments shall be made in amounts 
                subsequently transferred under this paragraph to the 
                extent prior estimates were in excess of, or less than, 
                the amounts required to be transferred.
                    ``(C) Limitation.--With respect to an adjustment 
                under subparagraph (B) to any transfer--
                            ``(i) the adjustment may not exceed 5 
                        percent of the transferred amount to which the 
                        adjustment relates; and
                            ``(ii) if the adjustment required exceeds 
                        that percentage, the excess shall be taken into 
                        account in making subsequent adjustments under 
                        that subparagraph.
    ``(e) Application With Other Authority.--The Secretary shall 
rescind or cancel 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 (a).''.
    (b) Conforming Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by inserting after the item relating to 
section 149 the following:

``150. Direct Federal-aid highway program.''.
                                 <all>