[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1066 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 1066
To free States to spend gas taxes on their transportation priorities,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 12, 2021
Mr. Portman introduced the following bill; which was read twice and
referred to the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To free States to spend gas taxes on their transportation priorities,
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 ``State Transportation Flexibility
Act''.
SEC. 2. DIRECT FEDERAL-AID HIGHWAY PROGRAM.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 171. Direct Federal-aid highway program
``(a) Election by State Not To Participate.--Notwithstanding any
other provision of law and in accordance with this section, a State may
elect not to participate in any Federal program relating to highways,
including a Federal highway program under the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for Users
(Public Law 109-59; 119 Stat. 1144), the Moving Ahead for Progress in
the 21st Century Act (Public Law 112-141; 126 Stat. 405), the Fixing
America's Surface Transportation Act (Public Law 114-94; 129 Stat.
1312), this title, or title 49.
``(b) Direct Federal-Aid Highway Program.--
``(1) In general.--The Secretary shall carry out a direct
Federal-aid highway program (referred to in this section as the
`program') in accordance with the requirements of this section
under which the legislature of a State may elect, not fewer
than 90 days before the beginning of a fiscal year--
``(A) to waive the right of the State to receive
amounts apportioned or allocated to the State under
this chapter for the fiscal year to which the election
relates; and
``(B) to receive an amount for that fiscal year
that is determined in accordance with subsection (e)
for that fiscal year.
``(2) Effect.--On making an election under paragraph (1), a
State--
``(A) assumes all Federal obligations relating to
each program that is the subject of the election; and
``(B) shall fulfill those obligations using the
amounts transferred to the State under subsection (e).
``(3) Eligible years.--A State may make an election with
respect to fiscal year 2022 and any fiscal year thereafter.
``(c) State Responsibility.--
``(1) In general.--The Governor of a State making an
election under subsection (b) shall--
``(A) agree to maintain the Interstate System in
accordance with the current Interstate System program;
``(B) submit a plan to the Secretary describing--
``(i) the purposes, projects, and uses to
which amounts received under the program will
be put; and
``(ii) which programmatic requirements of
this title the State elects to continue;
``(C) agree to obligate or expend amounts received
under the program exclusively for projects that would
be eligible for funding under section 133(b) if the
State was not participating in the program; and
``(D) agree--
``(i) to report annually to the Secretary
on the use of amounts received under the
program; and
``(ii) to make the report available to the
public in an easily accessible format.
``(2) No federal limitation on use of funds.--Except as
provided in paragraph (1), the expenditure or obligation of
funds received by a State under the program shall not be
subject to any Federal requirement under this title (except for
this section), title 49, or any other Federal law (including
regulations).
``(3) Election irrevocable.--An election under subsection
(b) shall be irrevocable during the applicable fiscal year.
``(d) Effect on Preexisting Commitments.--An election under
subsection (b) shall not affect any 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 (b) is not
in effect.
``(e) Transfers.--
``(1) In general.--The amount to be transferred to a State
under the program for a fiscal year shall be the portion of the
taxes appropriated to the Highway Trust Fund (other than for
the Mass Transit Account) for that fiscal year that is
attributable to highway users in that State during that fiscal
year, reduced by a pro rata share withheld by the Secretary to
fund contract authority for programs of the National Highway
Traffic Safety Administration and the Federal Motor Carrier
Safety Administration.
``(2) Transfers under program.--
``(A) In general.--Transfers under the program--
``(i) shall be made at the same time as
deposits to the Highway Trust Fund are made by
the Secretary of the Treasury; and
``(ii) shall--
``(I) be made on the basis of
estimates by the Secretary, in
consultation with the Secretary of the
Treasury, based on the most recent data
available; and
``(II) include proper adjustments
in amounts subsequently transferred to
the extent prior estimates were in
excess of, or less than, the amounts
required to be transferred.
``(B) Limitation.--
``(i) In general.--An adjustment under
subparagraph (A)(ii)(II) to any transfer may
not exceed 5 percent of the transferred amount
to which the adjustment relates.
``(ii) Adjustment greater than 5 percent.--
If the adjustment required under subparagraph
(A)(ii)(II) exceeds the percentage described in
clause (i), the excess shall be taken into
account in making subsequent adjustments under
subparagraph (A)(ii)(II).
``(f) Application With Other Authority.--Any contract authority
under this chapter (and any obligation limitation) authorized for a
State for a fiscal year for which an election by that State is in
effect under subsection (b)--
``(1) shall be rescinded or canceled; and
``(2) shall not be reallocated or distributed to any other
State under this chapter.
``(g) Maintenance of Effort.--
``(1) In general.--Not later than 30 days after the date on
which an amount is distributed to a State or State agency under
the program, the Governor of the State shall certify to the
Secretary that the State will maintain the effort of the State
with regard to State funding for the types of projects that are
funded by the amounts distributed.
``(2) Amounts.--As part of the certification under
paragraph (1), the Governor shall submit to the Secretary a
statement that identifies the amount of funds the State plans
to expend from State sources during the covered period for the
types of projects that are funded by the amounts.
``(h) Treatment of General Revenues.--For purposes of this section,
any general revenue funds appropriated to the Highway Trust Fund shall
be transferred to a State under the program in the manner described in
subsection (e)(1).''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by inserting after the item relating to
section 170 the following:
``171. Direct Federal-aid highway program.''.
SEC. 3. ALTERNATIVE FUNDING OF PUBLIC TRANSPORTATION PROGRAMS.
(a) In General.--Chapter 53 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 5341. Alternative funding of public transportation programs
``(a) Definitions.--In this section--
``(1) the term `alternative funding program' means the
program established under subsection (c);
``(2) the term `covered program' means a Federal public
transportation program that is funded using amounts made
available from the Mass Transit Account of the Highway Trust
Fund; and
``(3) the term `Federal public transportation program'
means a Federal program that provides funding for public
transportation, including under--
``(A) the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (Public
Law 109-59; 119 Stat. 1144);
``(B) the Moving Ahead for Progress in the 21st
Century Act (Public Law 112-141; 126 Stat. 405);
``(C) the Fixing America's Surface Transportation
Act (Public Law 114-94; 129 Stat. 1312);
``(D) title 23; or
``(E) this chapter.
``(b) Election by State Not To Participate.--Notwithstanding any
other provision of law and in accordance with this section, a State may
elect not to participate in any covered program.
``(c) Public Transportation Alternative Funding Program.--
``(1) In general.--The Secretary shall carry out a public
transportation alternative funding program in accordance with
the requirements of this section under which the legislature of
a State may elect, not fewer than 90 days before the beginning
of a fiscal year--
``(A) to waive the right of the State to receive
amounts apportioned or allocated to the State under the
covered programs for the fiscal year to which the
election relates; and
``(B) to receive an amount for that fiscal year
that is determined in accordance with subsection (f).
``(2) Effect.--On making an election under paragraph (1), a
State--
``(A) assumes all Federal obligations relating to
each covered program; and
``(B) shall fulfill those obligations using the
amounts transferred to the State under subsection (f).
``(3) Eligible years.--A State may make an election with
respect to fiscal year 2022 and any fiscal year thereafter.
``(d) State Responsibility.--
``(1) In general.--The Governor of a State that
participates in the alternative funding program shall--
``(A) submit a plan to the Secretary that
describes--
``(i) the purposes, projects, and uses to
which amounts received under the alternative
funding program will be put; and
``(ii) which programmatic requirements of
the covered programs the State elects to
continue;
``(B) agree to obligate or expend amounts received
under the alternative funding program exclusively for
projects that would be eligible for funding under the
covered programs if the State was not participating in
the alternative funding program;
``(C) submit to the Secretary an annual report on
the use of amounts received under the alternative
funding program; and
``(D) make the annual report available to the
public in an easily accessible format.
``(2) No federal limitation on use of funds.--Except as
provided in paragraph (1), the expenditure or obligation of
funds received by a State under the alternative funding program
shall not be subject to the requirements of--
``(A) this chapter (except for this section);
``(B) any covered program not under this chapter;
``(C) title 23; or
``(D) any other Federal law (including
regulations).
``(3) Election irrevocable.--An election under subsection
(c) shall be irrevocable during the applicable fiscal year.
``(e) Effect on Preexisting Commitments.--An election by a State
under subsection (c) shall not affect any responsibility or commitment
of the State with respect to a project or program funded under a
covered program in a fiscal year for which an election under subsection
(c) is not in effect.
``(f) Transfers.--
``(1) In general.--The amount to be transferred to a State
under the alternative funding program for a fiscal year shall
be the portion of the taxes transferred to the Mass Transit
Account of the Highway Trust Fund under section 9503(e) of the
Internal Revenue Code of 1986 for that fiscal year that is
attributable to highway users in that State during that fiscal
year.
``(2) Transfers under program.--
``(A) In general.--Transfers under the alternative
funding program--
``(i) shall be made at the same time as
transfers to the Mass Transit Account of the
Highway Trust Fund are made by the Secretary of
the Treasury; and
``(ii) shall--
``(I) be made on the basis of
estimates by the Secretary, in
consultation with the Secretary of the
Treasury, based on the most recent data
available; and
``(II) include proper adjustments
in amounts subsequently transferred
under the alternative funding program,
to the extent prior estimates were in
excess of, or less than, the amounts
required to be transferred under the
alternative funding program.
``(B) Limitation.--
``(i) In general.--An adjustment under
subparagraph (A)(ii)(II) to any transfer may
not exceed 5 percent of the transferred amount
to which the adjustment relates.
``(ii) Adjustment greater than 5 percent.--
If the adjustment required under subparagraph
(A)(ii)(II) exceeds the percentage described in
clause (i) of this subparagraph, the excess
shall be taken into account in making
subsequent adjustments under subparagraph
(A)(ii)(II).
``(g) Application With Other Authority.--Any contract authority
under a covered program (and any obligation limitation) authorized for
a State for a fiscal year for which the State elects to participate in
the alternative funding program shall be rescinded or canceled.
``(h) Maintenance of Effort.--
``(1) In general.--Not later than 30 days after the date on
which amounts are distributed to a State or State agency under
the alternative funding program, the Governor of the State
shall certify to the Secretary that the State will maintain the
effort of the State with regard to State funding for the types
of projects that are funded by the amounts distributed.
``(2) Amounts.--As part of the certification under
paragraph (1), the Governor shall submit to the Secretary a
statement that identifies the amount of funds the State plans
to expend from State sources for projects funded under the
alternative funding program during the fiscal year for which
the State elects to participate in the alternative funding
program.
``(i) Treatment of General Revenues.--For purposes of this section,
any general revenue funds appropriated to the Mass Transit Account of
the Highway Trust Fund shall be transferred to a State under the
alternative funding program in the manner described in subsection
(f)(1).''.
(b) Clerical Amendment.--The analysis for chapter 53 of title 49,
United States Code, is amended by inserting after the item relating to
section 5340 the following:
``5341. Alternative funding of public transportation programs.''.
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