State Transportation Flexibility Act - Allows a state to elect not to participate in the federal-aid highway program, including any federal highway program under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU).
Directs the Secretary of Transportation (DOT), beginning in FY2011, to carry out a direct federal-aid highway program to permit a state legislature, at least 90 days before the beginning of a fiscal year, to elect to: (1) waive the state's right to receive apportioned or allocated funds under the federal-aid highway program, and (2) receive a prorated amount of taxes appropriated to the Highway Trust Fund (other than for the Mass Transit Account) which are attributable to highway users in the state. Requires a pro rata reduction of such tax-equivalent amount in order to fund contract authority for programs of the National Highway Traffic Safety Administration (NHTSA) and the Federal Motor Carrier Safety Administration (FMCSA).
Requires the state making an election to: (1) agree to maintain the Interstate System in accordance with the current Interstate System program; (2) submit a plan describing the purposes, projects, and uses to which such amounts will be put and the federal-aid highway programmatic requirements the state elects to continue; and (3) agree to obligate program amounts exclusively for projects that would be eligible for surface transportation program funding.
Directs the Secretary to carry out a similar alternative funding program for public transportation programs.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1446 Introduced in Senate (IS)]
112th CONGRESS
1st Session
S. 1446
To free States to spend gas taxes on their transportation priorities.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 28, 2011
Mr. Coburn (for himself, Mr. McCain, Mr. Lee, Mr. DeMint, Mr. Paul, Mr.
Vitter, Mr. Kyl, Mr. Cornyn, Mr. Hatch, Mr. Coats, Mr. Chambliss, Mr.
Burr, Mr. Isakson, and Mr. Portman) introduced the following bill;
which was read twice and referred to the Committee on Environment and
Public Works
_______________________________________________________________________
A BILL
To free States to spend gas taxes on their transportation priorities.
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 ``State Transportation Flexibility
Act''.
SEC. 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:
``Sec. 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 any
Federal program relating to highways, including a Federal highway
program under the SAFETEA-LU (Public Law 109-59; 119 Stat. 1144), this
title, or title 49.
``(b) Direct Federal-Aid Highway Program.--
``(1) In general.--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 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 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.--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.--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 149
the following:
``150. Direct Federal-aid highway program''.
SEC. 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:
``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, 5308, 5309, 5310, 5311,
5316, 5317, 5320, 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 SAFETEA-LU
(Public Law 109-59; 119 Stat. 1144), 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 2011,
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.--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)
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''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Environment and Public Works.
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