II 

Calendar No. 159 

112TH CONGRESS 

1ST SESSION S. 1525 

To extend the authority of Federal-aid highway programs. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 8, 2011 

Mrs. BOXER, from the Committee on Environment and Public Works, reported the following original bill; which was read twice and placed on the 

calendar 

A BILL 

To extend the authority of Federal-aid highway programs. 

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Surface Transportation Extension Act of 2012’’. 

6 (b) TABLE OF CONTENTS.—The table of contents of 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—FEDERAL-AID HIGHWAYS 

Sec. 101. Federal-aid highway programs continuation. 


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Sec. 102. Administrative expenses. 

TITLE II—ADDITIONAL PROGRAMS 

Sec. 201. Dingell-Johnson Sport Fish Restoration Act. 

TITLE III—RESCISSION 

Sec. 301. Rescission of unobligated balances. 

1 SEC. 2. DEFINITIONS. 

2 In this Act and the amendments made by this Act: 

3 (1) PART-YEAR FUNDING DATE.—The term 

4 ‘‘Part-Year Funding Date’’ means January 31, 

5 2012. 

6 (2) PART-YEAR RATIO.—The term ‘‘Part-Year 

7 Ratio’’ means the ratio calculated by dividing— 

8 (A) the number of days included in the pe9 riod beginning on October 1, 2011, and ending 

10 on the Part-Year Funding Date; by 

11 (B) 366. 

12 (3) SAFETEA–LU.—The term ‘‘SAFETEA– 

13 LU’’ means the Safe, Accountable, Flexible, Effi14 cient Transportation Equity Act: A Legacy for 

15 Users (Public Law 109–59; 119 Stat. 1144). 

16 (4) STEA OF 2010.—The term ‘‘STEA of 

17 2010’’ means the Surface Transportation Extension 

18 Act of 2010 (Public Law 111–147; 124 Stat. 78). 


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1 TITLE I—FEDERAL-AID 

2 HIGHWAYS 

3 SEC. 101. FEDERAL-AID HIGHWAY PROGRAMS CONTINU4 ATION. 

5 (a) IN GENERAL.—Except as otherwise provided in 

6 this section, requirements, authorities, conditions, eligi7 bilities, limitations, and other provisions authorized under 

8 titles I, V, and VI of SAFETEA–LU (119 Stat. 1144), 

9 the SAFETEA–LU Technical Corrections Act of 2008 

10 (122 Stat. 1572), titles I and VI of the Intermodal Sur11 face Transportation Efficiency Act of 1991 (105 Stat. 

12 1914), titles I and V of the Transportation Equity Act 

13 for the 21st Century (112 Stat. 107), and title 23, United 

14 States Code (excluding chapter 4 of that title), which 

15 would otherwise expire on or cease to apply after Sep16 tember 30, 2011, are incorporated by reference and shall 

17 continue in effect through the Part-Year Funding Date. 

18 (b) AUTHORIZATION OF APPROPRIATIONS.—Except 

19 as provided in section 102, there are authorized to be ap20 propriated out of the Highway Trust Fund (other than 

21 the Mass Transit Account) for the period beginning on 

22 October 1, 2011, and ending on the Part-Year Funding 

23 Date, a sum equal to— 

24 (1) the total amount authorized to be appro25 priated out of the Highway Trust Fund (other than 


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1 the Mass Transit Account) for programs, projects, 

2 and activities for fiscal year 2011 under subtitle A 

3 of title IV of the STEA of 2010; multiplied by 

4 (2) the Part-Year Ratio. 

5 (c) USE OF FUNDS.— 

6 (1) IN GENERAL.—Except as otherwise ex7 pressly provided in this section, funds authorized to 

8 be appropriated under subsection (b) for the period 

9 beginning on October 1, 2011, and ending on the 

10 Part-Year Funding Date, shall be distributed, ad11 ministered, limited, and made available for obliga12 tion in the same manner and in the same propor13 tional amounts as funds authorized to be appro14 priated out of the Highway Trust Fund for fiscal 

15 year 2011 to carry out programs, projects, activities, 

16 eligibilities, and requirements under sections 

17 411(d)(2), 411(d)(3)(B), and 411(d)(4) of the 

18 STEA of 2010, SAFETEA–LU (119 Stat. 1144), 

19 the SAFETEA–LU Technical Corrections Act of 

20 2008 (122 Stat. 1572), titles I and VI of the Inter21 modal Surface Transportation Efficiency Act of 

22 1991 (105 Stat. 1914), titles I and V of the Trans23 portation Equity Act for the 21st Century (112 

24 Stat. 107), and title 23, United States Code (exclud25 ing chapter 4 of that title). 


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1 (2) CONTRACT AUTHORITY.— 

2 (A) IN GENERAL.—Except as provided in 

3 subparagraph (B), funds authorized to be ap4 propriated under this section— 

5 (i) shall be available for obligation 

6 and shall be administered in the same 

7 manner as if such funds were apportioned 

8 under chapter 1 of title 23, United States 

9 Code; and 

10 (ii) for the period beginning on Octo11 ber 1, 2011, and ending on the Part-Year 

12 Funding Date, shall be subject to a limita13 tion on obligations included in an Act mak14 ing appropriations for fiscal year 2012 or 

15 a portion of that fiscal year, except that 

16 during such period obligations subject to 

17 such limitation shall not exceed— 

18 (I) the amount of such limitation 

19 on obligations included in an Act 

20 making appropriations for fiscal year 

21 2012; multiplied by 

22 (II) the Part-Year Ratio. 

23 (B) EXCEPTIONS.—A limitation on obliga24 tions described in subparagraph (A)(ii) shall 

25 not apply to any obligation under— 


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1 (i) section 125 of title 23, United 

2 States Code; or 

3 (ii) section 105 of title 23, United 

4 States Code for the period beginning on 

5 October 1, 2011, and ending on the Part6 Year Funding Date, only in an amount 

7 equal to $639,000,000 multiplied by the 

8 Part-Year Ratio. 

9 (3) CALCULATIONS FOR DISTRIBUTION OF OB10 LIGATION LIMITATION.—Upon enactment of an Act 

11 making appropriations for the Department of Trans12 portation for fiscal year 2012 (other than an Act or 

13 resolution making continuing appropriations), the 

14 Secretary of Transportation shall— 

15 (A) as necessary for purposes of making 

16 the calculations for the distribution of any obli17 gation limitation under such Act, annualize the 

18 amount of contract authority provided under 

19 this title for Federal-aid highways and highway 

20 safety construction programs; and 

21 (B) multiply the resulting distribution of 

22 any obligation limitation under such Act by the 

23 Part-Year Ratio. 

24 (d) EXTENSION OF AUTHORIZATIONS UNDER TITLE

25 V OF SAFETEA–LU.— 


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1 (1) IN GENERAL.—Each program authorized 

2 under paragraphs (1) through (5) of section 5101(a) 

3 of SAFETEA–LU (119 Stat. 1779) shall be contin4 ued for the period beginning on October 1, 2011, 

5 and ending on the Part-Year Funding Date, at the 

6 funding level made available for that program for 

7 fiscal year 2011, multiplied by the Part-Year Ratio. 

8 (2) DISTRIBUTION OF FUNDS.—Funds for pro9 grams continued under paragraph (1) shall be dis10 tributed to major program areas under those pro11 grams in the same proportions as funds were allo12 cated for those program areas for fiscal year 2011, 

13 except that designations for specific activities shall 

14 not be required to be continued for the period begin15 ning on October 1, 2011, and ending on the Part16 Year Funding Date. 

17 SEC. 102. ADMINISTRATIVE EXPENSES. 

18 (a) AUTHORIZATION OF CONTRACT AUTHORITY.— 

19 Notwithstanding any other provision of this title or any 

20 other law, there are authorized to be appropriated from 

21 the Highway Trust Fund (other than the Mass Transit 

22 Account), from amounts provided under section 101, for 

23 administrative expenses of the Federal-aid highway pro24 gram for the period beginning on October 1, 2011, and 


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1 ending on the Part-Year Funding Date, an amount equal 

2 to $422,425,000 multiplied by the Part-Year Ratio. 

3 (b) CONTRACT AUTHORITY.—Funds authorized to be 

4 appropriated by this section shall be— 

5 (1) available for obligation, and shall be admin6 istered, in the same manner as if such funds were 

7 apportioned under chapter 1 of title 23, United 

8 States Code; and 

9 (2) subject to a limitation on obligations for 

10 Federal-aid highways and highway safety construc11 tion programs, except that such funds shall remain 

12 available until expended. 

13 TITLE II—ADDITIONAL 

14 PROGRAMS 

15 SEC. 201. DINGELL-JOHNSON SPORT FISH RESTORATION 

16 ACT. 

17 Section 4 of the Dingell-Johnson Sport Fish Restora18 tion Act (16 U.S.C. 777c) is amended— 

19 (1) in subsection (a) by inserting ‘‘and, for the 

20 period beginning on October 1, 2011, and ending on 

21 the Part-Year Funding Date set forth or otherwise 

22 established in the Surface Transportation Extension 

23 Act of 2012’’ after ‘‘2006 through 2011’’ ; and 

24 (2) in subsection (b)(1)(A) by inserting ‘‘and, 

25 for the period beginning on October 1, 2011, and 


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1 ending on the Part-Year Funding Date set forth or 

2 otherwise established in the Surface Transportation 

3 Extension Act of 2012’’ after ‘‘2006 through 2011’’. 

4 TITLE III—RESCISSION 

5 SEC. 301. RESCISSION OF UNOBLIGATED BALANCES. 

6 On September 1, 2012, of the unobligated balances 

7 of funds apportioned before that date to each State under 

8 chapter 1 of title 23, United States Code, $3,130,000,000 

9 is permanently rescinded: Provided, That such rescission 

10 shall not apply to the funds distributed in accordance with 

11 sections 130(f) and 104(b)(5) of title 23, United States 

12 Code, sections 133(d)(1) and 163 of that title (as in effect 

13 on the day before the date of enactment of the 

14 SAFETEA–LU), or the first sentence of section 

15 133(d)(3)(A) of title 23, United States Code: Provided 

16 further, That notwithstanding section 1132 of the Energy 

17 Independence and Security Act of 2007 (121 Stat. 1763), 

18 in administering the rescission required under this section, 

19 the Secretary of Transportation shall allow each State to 

20 determine the amount of the required rescission to be 

21 drawn from the programs to which the rescission applies. 


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Calendar No. 159 

112TH CONGRESS 

1ST SESSION S. 1525 

A BILL 

To extend the authority of Federal-aid highway 

programs. 

SEPTEMBER 8, 2011 

Read twice and placed on the calendar 


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