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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5235 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 5235

   To provide additional contract authority to State departments of 
 transportation to carry out surface transportation projects, and for 
                            other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 25, 2024

Mrs. Capito (for herself and Mr. Carper) introduced the following bill; 
 which was read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 A BILL

 
   To provide additional contract authority to State departments of 
 transportation to carry out surface transportation projects, 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 ``Fiscally Responsible Highway Funding 
Act of 2024''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
            (2) State.--The term ``State'' means any of the 50 States 
        and the District of Columbia.
            (3) TIFIA program.--The term ``TIFIA program'' means the 
        program for credit assistance under chapter 6 of title 23, 
        United States Code.

SEC. 3. REDISTRIBUTION OF PRIOR TIFIA FUNDING.

    (a) In General.--Notwithstanding any other provision of law, the 
Secretary shall distribute the amount of contract authority described 
in subsection (b)(1) to States in accordance with this section.
    (b) Funding.--
            (1) Amount described.--Subject to paragraph (2), the amount 
        of contract authority referred to in subsection (a) is 
        $1,800,000,000, which shall be derived from the unobligated 
        amounts of contract authority made available for credit 
        assistance under--
                    (A) the transportation infrastructure finance and 
                innovation program under subchapter II of chapter 1 of 
                title 23, United States Code (as in effect before the 
                date of enactment of SAFETEA-LU (Public Law 109-59; 119 
                Stat. 1144)); and
                    (B) the TIFIA program.
            (2) Treatment.--The amount distributed under subsection (a) 
        shall--
                    (A) be subject to the obligation limitation for 
                Federal-aid highway and highway safety construction 
                programs;
                    (B) remain available until September 30, 2028; and
                    (C) be in addition to any other funding apportioned 
                to States under section 104(b) of title 23, United 
                States Code.
    (c) Distribution.--The amount distributed under subsection (a) 
shall be distributed so that each State receives an amount equal to the 
proportion that--
            (1) the amount apportioned to the State for fiscal year 
        2025 under subsection (b) of section 104 of title 23, United 
        States Code; bears to
            (2) the total amount apportioned to all States for fiscal 
        year 2025 under that subsection.
    (d) Requirements.--Amounts distributed to States under subsection 
(a) shall be--
            (1) except as otherwise provided in this section, 
        administered as if apportioned under chapter 1 of title 23, 
        United States Code;
            (2) available for any purpose described in section 133(b) 
        of that title;
            (3) suballocated in the same manner described in section 
        133(d) of that title; and
            (4) subject to the requirements of section 11101(e) of the 
        Infrastructure Investment and Jobs Act (23 U.S.C. 101 note; 
        Public Law 117-58).
    (e) Effective Date.--This section shall take effect as if enacted 
on October 1, 2024.

SEC. 4. REDISTRIBUTION OF FISCAL YEAR 2025 TIFIA FUNDING.

    (a) Determination.--
            (1) In general.--Notwithstanding any other provision of law 
        and subject to paragraph (2), on April 1, 2025, the Secretary 
        shall--
                    (A) determine the amount of contract authority made 
                available for credit assistance under the TIFIA program 
                for fiscal year 2025 pursuant to section 11101(a)(2) of 
                the Infrastructure Investment and Jobs Act (Public Law 
                117-58; 135 Stat. 443) that is estimated to remain 
                unobligated in that fiscal year; and
                    (B) distribute to States, in accordance with this 
                section, 75 percent of the amount of contract authority 
                determined under subparagraph (A).
            (2) Treatment.--The amounts distributed under paragraph 
        (1)(B) shall--
                    (A) be subject to the obligation limitation for 
                Federal-aid highway and highway safety construction 
                programs;
                    (B) remain available until September 30, 2028; and
                    (C) be in addition to any other funding apportioned 
                to States under section 104(b) of title 23, United 
                States Code.
    (b) Distribution.--The amount distributed under subsection 
(a)(1)(B) shall be distributed so that each State receives an amount 
equal to the proportion that--
            (1) the amount apportioned to the State for fiscal year 
        2025 under subsection (b) of section 104 of title 23, United 
        States Code; bears to
            (2) the total amount apportioned to all States for fiscal 
        year 2025 under that subsection.
    (c) Requirements.--Amounts distributed to States under subsection 
(a)(1)(B) shall be--
            (1) except as otherwise provided in this section, 
        administered as if apportioned under chapter 1 of title 23, 
        United States Code;
            (2) available for any purpose described in section 133(b) 
        of that title;
            (3) suballocated in the same manner described in section 
        133(d) of that title; and
            (4) subject to the requirements of section 11101(e) of the 
        Infrastructure Investment and Jobs Act (23 U.S.C. 101 note; 
        Public Law 117-58).

SEC. 5. REDISTRIBUTION OF FISCAL YEAR 2026 TIFIA FUNDING.

    (a) Determination.--
            (1) In general.--Notwithstanding any other provision of law 
        and subject to paragraph (2), on April 1, 2026, the Secretary 
        shall--
                    (A) determine the amount of contract authority made 
                available for credit assistance under the TIFIA program 
                for fiscal year 2026 pursuant to section 11101(a)(2) of 
                the Infrastructure Investment and Jobs Act (Public Law 
                117-58; 135 Stat. 443) that is estimated to remain 
                unobligated in that fiscal year; and
                    (B) distribute to States, in accordance with this 
                section, 75 percent of the amount of contract authority 
                determined under subparagraph (A).
            (2) Treatment.--The amounts distributed under paragraph 
        (1)(B) shall--
                    (A) be subject to the obligation limitation for 
                Federal-aid highway and highway safety construction 
                programs;
                    (B) remain available until September 30, 2029; and
                    (C) be in addition to any other funding apportioned 
                to States under section 104(b) of title 23, United 
                States Code.
    (b) Distribution.--The amount distributed under subsection 
(a)(1)(B) shall be distributed so that each State receives an amount 
equal to the proportion that--
            (1) the amount apportioned to the State for fiscal year 
        2026 under subsection (b) of section 104 of title 23, United 
        States Code; bears to
            (2) the total amount apportioned to all States for fiscal 
        year 2026 under that subsection.
    (c) Requirements.--Amounts distributed to States under subsection 
(a)(1)(B) shall be--
            (1) except as otherwise provided in this section, 
        administered as if apportioned under chapter 1 of title 23, 
        United States Code;
            (2) available for any purpose described in section 133(b) 
        of that title;
            (3) suballocated in the same manner described in section 
        133(d) of that title; and
            (4) subject to the requirements of section 11101(e) of the 
        Infrastructure Investment and Jobs Act (23 U.S.C. 101 note; 
        Public Law 117-58).
                                 <all>
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