Highway Fairness and Reform Act of 2011 - Directs the Secretary of Transportation (DOT), beginning with FY2011, to carry out a direct federal-aid highway program to permit a state governor or chief executive officer, 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 instead a prorated amount of the taxes appropriated to the Highway Trust Fund (other than from 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 Secretary to accept a state's election if: (1) the state has an interstate maintenance program; (2) it submits 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; (3) the state agrees to obligate program amounts exclusively for projects that would be eligible for surface transportation program funding; and (4) it continues to suballocate surface transportation program funds to urbanized and other areas using certain formulae and rules.
[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>
Introduced in Senate
Read twice and referred to the Committee on Environment and Public Works.
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