I 

111TH CONGRESS 

1ST SESSION H. R. 2144 

To permit a State to elect to receive the State’s contributions to the Highway 

Trust Fund in lieu of its Federal-aid Highway program apportionment 

for the next fiscal year, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 28, 2009 

Mr. FLAKE (for himself, Mr. FRANKS of Arizona, Mr. ROHRABACHER, and 

Ms. FALLIN) introduced the following bill; which was referred to the 

Committee on Transportation and Infrastructure 

A BILL 

To permit a State to elect to receive the State’s contributions 

to the Highway Trust Fund in lieu of its Federal-aid 

Highway program apportionment for the next fiscal year, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Highway Fairness and 

5 Reform Act of 2009’’. 


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1 SEC. 2. ELECTION TO RECEIVE STATE’S CONTRIBUTIONS 

2 TO HIGHWAY TRUST FUND IN LIEU OF PAR3 TICIPATING IN FEDERAL-AID HIGHWAY PRO4 GRAM. 

5 (a) IN GENERAL.—Chapter 1 of title 23, United 

6 States Code, is amended by inserting after section 149 the 

7 following: 

8 ‘‘§ 150. Direct Federal-aid highway program 

9 ‘‘(a) IN GENERAL.—Beginning with fiscal year 2011, 

10 the Secretary shall carry out a direct Federal-aid highway 

11 program in accordance with the requirements of this sec12 tion. Under the program, the Governor or chief executive 

13 officer of a State may elect, not less than 90 days before 

14 the beginning of the fiscal year, to have the State waive 

15 its right to receive amounts apportioned or allocated to 

16 it under the Federal-aid highway program for the fiscal 

17 year to which the election relates; and to receive instead 

18 the amount determined under subsection (d) for that fiscal 

19 year. The election shall be made in such form and manner 

20 as the Secretary may require and shall be irrevocable. 

21 ‘‘(b) STATE RESPONSIBILITY.— 

22 ‘‘(1) IN GENERAL.—The Secretary shall accept 

23 an election under subsection (a) if the Secretary de24 termines that the State— 


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1 ‘‘(A) has an interstate maintenance pro2 gram and agrees to maintain the interstate in 

3 accordance with that program; 

4 ‘‘(B) submits a plan to the Secretary de5 scribing— 

6 ‘‘(i) the purposes, projects, and uses 

7 to which amounts received under the pro8 gram will be put; and 

9 ‘‘(ii) which programmatic require10 ments of this title the State elects to con11 tinue; 

12 ‘‘(C) agrees to obligate or expend amounts 

13 received under the program exclusively for 

14 projects that would be eligible for funding 

15 under section 133(b) of this title if the State 

16 were not participating in the program; and 

17 ‘‘(D) agrees to report annually to the Sec18 retary on the use of amounts received under the 

19 program and to make the report available to 

20 the public in an easily accessible format. 

21 ‘‘(2) SAFETY REQUIREMENTS.—The Secretary 

22 may determine that requirements important for 

23 transportation safety continue to apply to a State 

24 that makes an election under subsection (a). 


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1 ‘‘(3) SURFACE TRANSPORTATION PROGRAM.—A 

2 State that makes an election under subsection (a) 

3 shall continue to suballocate funds to urbanized 

4 areas and other areas using the formulae and rules 

5 under section 133(d)(3) of this title. 

6 ‘‘(4) NO LIMITATION ON USE OF FUNDS.—Ex7 cept as provided in paragraphs (1), (2), and (3), the 

8 expenditure or obligation of funds received by the 

9 State under the program are not subject to regula10 tion under this title or title 49. 

11 ‘‘(c) EFFECT ON PRE-EXISTING OBLIGATIONS.—The 

12 making of an election under subsection (a) shall not affect 

13 any obligation, responsibility, or commitment of the State 

14 under this title for any fiscal year with respect to— 

15 ‘‘(1) a project or program funded under this 

16 title (other than under this section); or 

17 ‘‘(2) any project or program funded under this 

18 title in any fiscal year for which an election under 

19 subsection (a) is not in effect. 

20 ‘‘(d) TRANSFERS.— 

21 ‘‘(1) IN GENERAL.—The amount to be trans22 ferred to a State under the program for a fiscal year 

23 shall be the portion of the taxes appropriated to the 

24 Highway Trust Fund under section 9503 of the In25 ternal Revenue Code of 1986, other than for the 


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1 Mass Transit Account, for a fiscal year for which an 

2 election is in effect under subsection (a) that is at3 tributable to highway users in that State during that 

4 fiscal year, reduced by a pro rata share withheld by 

5 the Secretary to fund contract authority for pro6 grams of the National Highway Traffic Safety Ad7 ministration and the Federal Motor Carrier Safety 

8 Administration. 

9 ‘‘(2) GENERAL FUND AMOUNTS.—For purposes 

10 of paragraph (1), any amounts deposited in or cred11 ited to the Highway Trust Fund from the general 

12 fund of the Treasury shall be treated as if they were 

13 taxes appropriated to the Fund. 

14 ‘‘(3) TRANSFERS.— 

15 ‘‘(A) IN GENERAL.—Transfers under the 

16 program— 

17 ‘‘(i) shall be made at the same time as 

18 deposits to the Highway Trust Fund are 

19 made by the Secretary of the Treasury; 

20 ‘‘(ii) shall be made on the basis of es21 timates by the Secretary, in consultation 

22 with the Secretary of the Treasury, and 

23 proper adjustments shall be made in 

24 amounts subsequently transferred to the 

25 extent prior estimates were in excess of, or 


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1 less than, the amounts required to be 

2 transferred. 

3 ‘‘(B) LIMITATION.—An adjustment under 

4 subparagraph (A)(ii) to any transfer may not 

5 exceed 5 percent of the transferred amount to 

6 which the adjustment relates. If the adjustment 

7 required under subparagraph (A)(ii) exceeds 

8 that percentage, the excess shall be taken into 

9 account in making subsequent adjustments 

10 under subparagraph (A)(ii). 

11 ‘‘(e) APPLICATION WITH OTHER AUTHORITY.—The 

12 Secretary shall rescind or cancel any contract authority 

13 under this chapter (and any obligation limitation) for a 

14 State for a fiscal year for which an election by that State 

15 is in effect under subsection (a).’’. 

16 (b) CLERICAL AMENDMENT.—The chapter analysis 

17 for chapter 1 of title 23, United States Code, is amended 

18 by inserting after the item relating to section 149 the fol19 lowing: 

‘‘150. Direct Federal-aid highway program.’’. 

Æ 


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