I 
112TH CONGRESS 
1ST SESSION 
H. R. 632 
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 
FEBRUARY 10, 2011 
Mr. FLAKE 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Highway Fairness and 
Reform Act of 2011’’. 
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SEC. 2. ELECTION TO RECEIVE STATE’S CONTRIBUTIONS 
TO HIGHWAY TRUST FUND IN LIEU OF PAR-
TICIPATING IN FEDERAL-AID HIGHWAY PRO-
GRAM. 
(a) IN GENERAL.—Chapter 1 of title 23, United 
States Code, is amended by inserting after section 149 the 
following: 
‘‘§ 150. Direct Federal-aid highway program 
‘‘(a) IN GENERAL.—Beginning with fiscal year 2011, 
the Secretary shall carry out a direct Federal-aid highway 
program in accordance with the requirements of this sec-
tion. Under the program, the Governor or chief executive 
officer of a State may elect, not less than 90 days before 
the beginning of the fiscal year, to have the State waive 
its right to receive amounts apportioned or allocated to 
it under the Federal-aid highway program for the fiscal 
year to which the election relates; and to receive instead 
the amount determined under subsection (d) for that fiscal 
year. The election shall be made in such form and manner 
as the Secretary may require and shall be irrevocable. 
‘‘(b) STATE RESPONSIBILITY.— 
‘‘(1) IN GENERAL.—The Secretary shall accept 
an election under subsection (a) if the Secretary de-
termines that the State— 
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‘‘(A) has an interstate maintenance pro-
gram and agrees to maintain the interstate in 
accordance with that program; 
‘‘(B) submits a plan to the Secretary de-
scribing— 
‘‘(i) the purposes, projects, and uses 
to which amounts received under the pro-
gram will be put; and 
‘‘(ii) which programmatic require-
ments of this title the State elects to con-
tinue; 
‘‘(C) agrees to obligate or expend amounts 
received under the program exclusively for 
projects that would be eligible for funding 
under section 133(b) of this title if the State 
were not participating in the program; and 
‘‘(D) agrees to report annually to the Sec-
retary on the use of amounts received under the 
program and to make the report available to 
the public in an easily accessible format. 
‘‘(2) SAFETY REQUIREMENTS.—The Secretary 
may determine that requirements important for 
transportation safety continue to apply to a State 
that makes an election under subsection (a). 
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‘‘(3) SURFACE TRANSPORTATION PROGRAM.—A 
State that makes an election under subsection (a) 
shall continue to suballocate funds to urbanized 
areas and other areas using the formulae and rules 
under section 133(d)(3) of this title. 
‘‘(4) NO LIMITATION ON USE OF FUNDS.—Ex-
cept as provided in paragraphs (1), (2), and (3), the 
expenditure or obligation of funds received by the 
State under the program are not subject to regula-
tion under this title or title 49. 
‘‘(c) EFFECT ON PRE-EXISTING OBLIGATIONS.—The 
making of an election under subsection (a) shall not affect 
any obligation, responsibility, or commitment of the State 
under this title for any fiscal year with respect to— 
‘‘(1) a project or program funded under this 
title (other than under this section); or 
‘‘(2) any project or program funded under this 
title in any fiscal year for which an election under 
subsection (a) is not in effect. 
‘‘(d) TRANSFERS.— 
‘‘(1) IN GENERAL.—The amount to be trans-
ferred to a State under the program for a fiscal year 
shall be the portion of the taxes appropriated to the 
Highway Trust Fund under section 9503 of the In-
ternal Revenue Code of 1986, other than for the 
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