[Congressional Record Volume 161, Number 118 (Sunday, July 26, 2015)]
[Senate]
[Pages S5858-S5859]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2447. Mr. PORTMAN submitted an amendment intended to be proposed
to amendment SA 2266 proposed by Mr. McConnell to the bill H.R. 22, to
amend the Internal Revenue Code of 1986 to exempt employees with health
coverage under TRICARE or the Veterans Administration from being taken
into account for purposes of determining the employers to which the
employer mandate applies under the Patient Protection and Affordable
Care Act; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. DIRECT FEDERAL-AID HIGHWAY PROGRAM.
(a) In General.--Chapter 1 of title 23, United States Code,
is amended by inserting after section 610 the following:
``Sec. 611. 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 any Federal program relating to
highways, including a Federal highway program under the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (Public Law 109-59; 119 Stat. 1144), the
Moving Ahead for Progress in the 21st Century Act (Public Law
112-141; 126 Stat. 405), the DRIVE Act, this title, or title
49.
``(b) Direct Federal-Aid Highway Program.--
``(1) In general.--Beginning in fiscal year 2015, the
Secretary shall carry out a direct Federal-aid highway
program in accordance with the requirements of this section
under which the legislature 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 the State under the Federal-aid
highway program 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) for that fiscal
year.
``(2) Effect.--On making an election under paragraph (1), a
State--
``(A) assumes all Federal obligations relating to each
program that is the subject of the election; and
``(B) shall fulfill those obligations using the amounts
transferred to the State under subsection (e).
``(c) State Responsibility.--
``(1) In general.--The Governor of a State making an
election under subsection (b) shall--
``(A) agree to maintain the Interstate System in accordance
with the current Interstate System program;
``(B) submit 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) 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 federal 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 any Federal
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 Preexisting 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
[[Page S5859]]
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 under program.--
``(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.--
``(i) In general.--An adjustment under subparagraph (A)(ii)
to any transfer may not exceed 5 percent of the transferred
amount to which the adjustment relates.
``(ii) Adjustment greater than 5 percent.--If the
adjustment required under subparagraph (A)(ii) exceeds the
percentage described in clause (i), the excess shall be taken
into account in making subsequent adjustments under
subparagraph (A)(ii).
``(f) Application With Other Authority.--Any contract
authority under this chapter (and any obligation limitation)
authorized for a State for a fiscal year for which an
election by that State is in effect under subsection (b)--
``(1) shall be rescinded or canceled; and
``(2) shall not be reallocated or distributed to any other
State under the Federal-aid highway 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 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
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)(1).''.
(b) Conforming Amendment.--The analysis for title 23,
United States Code, is amended by inserting after the item
relating to section 610 the following:
``611. Direct Federal-aid highway program.''.
SEC. ___. 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:
``Sec. 5341. Alternative funding of public transportation
programs
``(a) Definitions.--In this section--
``(1) Alternative funding program.--The term `alternative
funding program' means the program established under
subsection (c).
``(2) Covered programs.--The term `covered programs' means
the programs authorized under--
``(A) sections 5305, 5307, 5309, 5310, 5311, 5335, 5339,
and 5340; and
``(B) section 3038 of the Federal Transit Act of 1998 (49
U.S.C. 5310 note).
``(b) Election by State Not to Participate.--
``(1) In general.--Notwithstanding any other provision of
law, a State may elect not to participate in all Federal
programs relating to public transportation funded under the
Mass Transit Account of the Highway Trust Fund, including the
Federal public transportation programs under the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (Public Law 109-59; 119 Stat. 1144), the
Moving Ahead for Progress in the 21st Century Act (Public Law
112-141; 126 Stat. 405), the DRIVE Act, title 23, or this
title.
``(2) Effect.--On making an election under paragraph (1), a
State--
``(A) assumes all Federal obligations relating to each
program that is the subject of the election; and
``(B) shall fulfill those obligations using the amounts
transferred to the State under subsection (e).
``(c) Public Transportation Program.--
``(1) Program established.--Beginning in fiscal year 2015,
the Secretary shall carry out an alternative funding program
under which the legislature 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 the State 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 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 to the Secretary an annual report 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 federal 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 Preexisting 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.--
``(i) In general.--An adjustment under subparagraph (A)(ii)
to any transfer may not exceed 5 percent of the transferred
amount to which the adjustment relates.
``(ii) Adjustment greater than 5 percent.--If the
adjustment required under subparagraph (A)(ii) exceeds the
percentage described in clause (i), 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) authorized 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 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.''.
______