II 

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. 

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 2011’’. 


jbell on DSKDVH8Z91PROD with BILLS
2 

•S 252 IS

1 SEC. 2. ELECTION TO RECEIVE STATE CONTRIBUTION TO 

2 HIGHWAY TRUST FUND IN LIEU OF PARTICI3 PATING 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) PROGRAM.— 

10 ‘‘(1) IN GENERAL.—Beginning with fiscal year 

11 2011, the Secretary shall carry out a direct Federal12 aid highway program in accordance with this section 

13 under which the Governor or chief executive officer 

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

15 the beginning of each fiscal year— 

16 ‘‘(A) to have the State waive the right of 

17 the State to receive amounts apportioned or al18 located to the State under the Federal-aid high19 way program for the fiscal year to which the 

20 election relates; and 

21 ‘‘(B) to receive instead the amount deter22 mined under subsection (d) for that fiscal year. 

23 ‘‘(2) FORM AND NATURE OF ELECTION.—An 

24 election under this subsection shall be made in such 

25 form and manner as the Secretary may require and 

26 shall be irrevocable. 


jbell on DSKDVH8Z91PROD with BILLS
3 

•S 252 IS

1 ‘‘(b) STATE RESPONSIBILITY.— 

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

3 an election under subsection (a) if the Secretary de4 termines that the State making the election— 

5 ‘‘(A) has an Interstate maintenance pro6 gram and agrees to maintain the portions of 

7 the Interstate System in the State in accord8 ance with that program; 

9 ‘‘(B) submits a plan to the Secretary de10 scribing— 

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

12 to which amounts received under the pro13 gram will be put; and 

14 ‘‘(ii) which programmatic require15 ments of this title the State elects to con16 tinue; 

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

18 received under the program exclusively for 

19 projects that would be eligible for funding 

20 under section 133(b) if the State were not par21 ticipating in the program; and 

22 ‘‘(D) agrees to report annually to the Sec23 retary on the use of amounts received under the 

24 program and to make the report available to 

25 the public in an easily accessible format. 


jbell on DSKDVH8Z91PROD with BILLS
4 

•S 252 IS

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

2 may determine that requirements important for 

3 transportation safety continue to apply to a State 

4 that makes an election under subsection (a). 

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

6 State that makes an election under subsection (a) 

7 shall continue to suballocate funds to urbanized 

8 areas and other areas using the formulae and rules 

9 under section 133(d)(3). 

10 ‘‘(4) NO LIMITATION ON USE OF FUNDS.—Ex11 cept as provided in paragraphs (1), (2), and (3), the 

12 expenditure or obligation of funds received by the 

13 State under the program is not subject to regulation 

14 under this title or title 49. 

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

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

17 any obligation, responsibility, or commitment of the State 

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

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

20 title (other than under this section); or 

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

22 title in any fiscal year for which an election under 

23 subsection (a) is not in effect. 

24 ‘‘(d) TRANSFERS.— 


jbell on DSKDVH8Z91PROD with BILLS
5 

•S 252 IS

1 ‘‘(1) IN GENERAL.—The amount to be trans2 ferred to a State under the program for a fiscal year 

3 shall be the portion of the tax revenue appropriated 

4 to the Highway Trust Fund under section 9503 of 

5 the Internal Revenue Code of 1986, other than for 

6 the Mass Transit Account, for a fiscal year for 

7 which an election is in effect under subsection (a) 

8 that is attributable to highway users in that State 

9 during that fiscal year, reduced by a pro rata share 

10 withheld by the Secretary to fund contract authority 

11 for programs of the National Highway Traffic Safe12 ty Administration and the Federal Motor Carrier 

13 Safety Administration. 

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

15 of paragraph (1), any amounts deposited in or cred16 ited to the Highway Trust Fund from the general 

17 fund of the Treasury shall be treated as if the 

18 amounts were amounts received as tax revenue and 

19 appropriated to the Fund. 

20 ‘‘(3) TRANSFERS.— 

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

22 program shall be made— 

23 ‘‘(i) at the same time as deposits to 

24 the Highway Trust Fund are made by the 

25 Secretary of the Treasury; and 


jbell on DSKDVH8Z91PROD with BILLS
6 

•S 252 IS

1 ‘‘(ii) on the basis of estimates by the 

2 Secretary, in consultation with the Sec3 retary of the Treasury. 

4 ‘‘(B) ADJUSTMENTS.—Subject to subpara5 graph (C), proper adjustments shall be made in 

6 amounts subsequently transferred under this 

7 paragraph to the extent prior estimates were in 

8 excess of, or less than, the amounts required to 

9 be transferred. 

10 ‘‘(C) LIMITATION.—With respect to an ad11 justment under subparagraph (B) to any trans12 fer— 

13 ‘‘(i) the adjustment may not exceed 5 

14 percent of the transferred amount to which 

15 the adjustment relates; and 

16 ‘‘(ii) if the adjustment required ex17 ceeds that percentage, the excess shall be 

18 taken into account in making subsequent 

19 adjustments under that subparagraph. 

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

21 Secretary shall rescind or cancel any contract authority 

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

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

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


jbell on DSKDVH8Z91PROD with BILLS
7 

•S 252 IS

1 (b) CONFORMING AMENDMENT.—The analysis for 

2 chapter 1 of title 23, United States Code, is amended by 

3 inserting after the item relating to section 149 the fol4 lowing: 

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

Æ 


jbell on DSKDVH8Z91PROD with BILLS