To amend title 23, United States Code, with respect to vehicle weight limitations applicable to the Interstate System, and for other purposes.

Summary: Safe and Efficient Transportation Act of 2009 - Allows a state to authorize the operation of a vehicle with a maximum gross weight (including enforcement tolerances) in excess of certain federal weight limitations on Interstate Highway System (IHS) routes in the state if: (1) the vehicle is equipped with at least six axles; (2) the weight of any single axle does not exceed 20,000 pounds; (3) the weight of any tandem axle does not exceed 34,000 pounds; (4) the weight of any group of three or more axles does not exceed 51,000 pounds; and (5) the gross weight of the vehicle does not exceed 97,000 pounds.

Directs the Secretary of Transportation to establish a safe and efficient vehicle bridge infrastructure improvement program. Requires the Secretary to apportion amounts from the Safe and Efficient Vehicle Trust Fund to states for eligible bridge replacement or rehabilitation projects.

Amends the Internal Revenue Code to: (1) impose an overweight vehicle tax on any vehicles that exceed federal weight limitations operating on the IHS; and (2) establish the Safe and Efficient Vehicle Trust Fund.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Safe and Efficient Transportation 
Act of 2009''.

SEC. 2. INCREASING WEIGHT LIMITATIONS FOR CERTAIN VEHICLES.

    Section 127 of title 23, United States Code, is amended by adding 
at the end the following:
    ``(i) Exception to Weight Requirements.--
            ``(1) In general.--Notwithstanding subsection (a), a State 
        may authorize a vehicle with a maximum gross weight, including 
        all enforcement tolerances, that exceeds the maximum gross 
        weight otherwise applicable under subsection (a) to operate on 
        the Interstate System routes in the State, if--
                    ``(A) the vehicle is equipped with at least 6 
                axles;
                    ``(B) the weight of any single axle on a vehicle 
                does not exceed 20,000 pounds, including enforcement 
                tolerances;
                    ``(C) the weight of any tandem axle on a vehicle 
                does not exceed 34,000 pounds, including enforcement 
                tolerances;
                    ``(D) the weight of any group of 3 or more axles on 
                a vehicle does not exceed 51,000 pounds, including 
                enforcement tolerances; and
                    ``(E) the gross weight of the vehicle does not 
                exceed 97,000 pounds, including enforcement tolerances.
            ``(2) Special rules.--
                    ``(A) Special exception for certain states.--This 
                subsection shall not apply to any vehicle exceeding the 
                maximum gross weight requirements under subsection (a) 
                which could have operated  lawfully within a State 
                before the date of the enactment of this subsection.
                    ``(B) Increase in axle weight requirement.--A State 
                may authorize a vehicle to exceed the maximum axle 
                weight requirements under any one axle grouping in 
                subparagraph (B), (C), or (D) by not more than 2,000 
                pounds.
            ``(3) Approval by state legislature.--Any State seeking to 
        authorize a vehicle to operate on the Interstate System routes 
        within its boundaries under paragraph (1) or to increase the 
        maximum axle weight requirements under paragraph (2) shall do 
        so by statute.
            ``(4) Reporting requirements.--
                    ``(A) Annual report.--If a State authorizes 
                vehicles described in paragraph (1) to operate on 
                highway routes in the State in a fiscal year, the State 
                shall submit to the Secretary for the fiscal year an 
                annual report at such time, in such manner, and 
                containing such information as the Secretary may 
                require, including, at a minimum, the following:
                            ``(i) An identification of highway routes 
                        in the State, including routes not on the 
                        Interstate System, on which the State 
                        authorizes vehicles in paragraph (1) to 
                        operate.
                            ``(ii) A description of the operating 
                        requirements and gross vehicle weight limits 
                        applicable to the vehicles in paragraph (1).
                            ``(iii) Safety statistics, including 
                        vehicle miles traveled data, concerning the 
                        vehicles in paragraph (1).
                    ``(B) 5-year assessments.--Following the 5th fiscal 
                year in which a State authorizes vehicle operations 
                described in subparagraph (A), and following each 5th 
                fiscal year thereafter, the State shall include in the 
                State's annual report under subparagraph (A) an 
                assessment, developed by the Secretary under 
                regulation, of the impacts that vehicles described in 
                paragraph (1) have had on pavement and bridge 
                maintenance costs incurred by the State in the 
                preceding 5 fiscal years.
                    ``(C) Public availability.--The Secretary shall 
                make all information required under subparagraph (A) 
                and (B) available to the public.
            ``(5) Termination.--The Secretary may terminate the 
        operation of vehicles authorized under this subsection on a 
        specific route if the Secretary determines that such operation 
        poses an unreasonable safety risk based on an engineering 
        analysis or an analysis of safety data or any other applicable 
        data the Secretary may use.
            ``(6) Waiver of highway funding reduction.--Notwithstanding 
        subsection (a), the total amount of funds apportioned to each 
        State under section 104(b)(1) for any period may not be reduced 
        under subsection (a) if the State authorizes a vehicle 
        described in paragraph (1) to operate on the Interstate System 
        in the State in accordance with this subsection.''.

SEC. 3. SAFE AND EFFICIENT VEHICLE BRIDGE INFRASTRUCTURE IMPROVEMENT 
              PROGRAM.

    (a) In General.--Chapter 1 of title 23, United States Code, is 
amended by adding at the end the following new section:
``Sec. 167. Safe and efficient vehicle bridge infrastructure 
              improvement program
    ``(a) Establishment.--The Secretary shall establish a safe and 
efficient vehicle bridge infrastructure improvement program in 
accordance with this section.
    ``(b) Apportionment of Funds to Eligible States.--
            ``(1) In general.--On October 1 of each fiscal year, the 
        Secretary shall apportion, in accordance with paragraph (2), 
        the sums made available out of the Safe and Efficient Vehicle 
        Trust Fund for that fiscal year to carry out this section.
            ``(2) Ratio to eligible states.--The sums made available 
        out of the Safe and Efficient Vehicle Trust Fund shall be 
        apportioned among eligible States in a ratio that--
                    ``(A) the total vehicle miles traveled on 
                Interstate System highways by vehicles authorized to 
                travel on such highways pursuant to section 127(i) in 
                each eligible State, as determined by the Secretary; 
                bears to
                    ``(B) the total vehicle miles traveled on 
                Interstate System highways by vehicles authorized to 
                travel on such highways pursuant to section 127(i) in 
                all eligible States, as determined by the Secretary.
    ``(c) Eligible Projects.--An eligible State that receives an 
apportionment in a fiscal year under subsection (b) shall use the 
amounts of the apportionment for projects eligible for assistance under 
section 144 for bridges determined to be eligible for replacement or 
rehabilitation under subsection (b) or (c) of such section.
    ``(d) Contract Authority.--Funds made available out of the Safe and 
Efficient Vehicle Trust Fund to carry out this section shall be 
available for obligation in the same manner as if the funds were made 
available from the Highway Trust Fund (other than the Mass Transit 
Account).
    ``(e) Eligible State Defined.--In this section the term `eligible 
State' means a State that authorizes a vehicle described in section 
127(i) to operate on the Interstate System within its borders.''.
    (b) Clerical Amendment.--The table of sections of chapter 1 of 
title 23, United States Code, is amended by adding at the end the 
following:

``Sec. 167. Safe and efficient vehicle bridge infrastructure 
                            improvement program.''.

SEC. 4. OVERWEIGHT VEHICLE TAX.

    (a) In General.--Section 4481 of the Internal Revenue Code of 1986 
is amended by adding at the end the following new subsection:
    ``(g) Special Rule for Certain Overweight Vehicles.--There is 
hereby imposed a tax (in lieu of the tax imposed by subsection (a)) on 
the use of any highway motor vehicle described in section 127(i) of 
title 23, United States Code. The rate of tax shall be equal to the 
lesser of--
            ``(1) $100 per year, plus $22 for each 1,000 pounds (or 
        fraction thereof) in excess of 55,000 pounds, or
            ``(2) $800 per year.''.
    (b) Effective Date.--The amendment made by this subsection shall 
apply to taxable periods beginning after the date of the enactment of 
this Act.

SEC. 5. SAFE AND EFFICIENT VEHICLE TRUST FUND.

    (a) In General.--Subchapter A of chapter 98 of the Internal Revenue 
Code of 1986 (relating to the trust fund code) is amended by adding at 
the end the following new section:

``SEC. 9511. SAFE AND EFFICIENT VEHICLE TRUST FUND.

    ``(a) Creation of Fund.--There is hereby established in the 
Treasury of the United States a fund to be known as the `Safe and 
Efficient Vehicle Trust Fund', consisting of such amounts as may be--
            ``(1) appropriated to the Safe and Efficient Vehicle Trust 
        Fund as provided in this section, or
            ``(2) credited to the Safe and Efficient Vehicle Trust Fund 
        as provided in section 9602(b).
    ``(b) Transfer to Safe and Efficient Vehicle Trust Fund of Amounts 
Equivalent to Certain Taxes.--There are hereby appropriated to the Safe 
and Efficient Vehicle Trust Fund amounts equivalent to the taxes 
received in the Treasury under section 4481(g).
    ``(c) Expenditures From Safe and Efficient Vehicle Trust Fund.--
Amounts in the Safe and Efficient Vehicle Trust Fund shall be 
available, as provided by appropriations Acts, for fiscal years 
beginning 1 year after the date of the enactment of this Act for 
projects eligible for assistance under section 144 of title 23, United 
States Code.''.
    (b) Conforming Amendments.--The Internal Revenue Code of 1986 is 
amended--
            (1) in paragraph (1) of section 9503(b) by striking the 
        period at the end and inserting ``, and taxes received under 
        section 4481 shall be determined without regard to subsection 
        (g) thereof.''; and
            (2) in the table of sections for subchapter A of chapter 98 
        by adding at the end the following:

``Sec. 9511. Safe and Efficient Vehicle Trust Fund.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.