[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5235 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 5235
To provide additional contract authority to State departments of
transportation to carry out surface transportation projects, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 25, 2024
Mrs. Capito (for herself and Mr. Carper) introduced the following bill;
which was read twice and referred to the Committee on Environment and
Public Works
_______________________________________________________________________
A BILL
To provide additional contract authority to State departments of
transportation to carry out surface transportation projects, 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 ``Fiscally Responsible Highway Funding
Act of 2024''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(2) State.--The term ``State'' means any of the 50 States
and the District of Columbia.
(3) TIFIA program.--The term ``TIFIA program'' means the
program for credit assistance under chapter 6 of title 23,
United States Code.
SEC. 3. REDISTRIBUTION OF PRIOR TIFIA FUNDING.
(a) In General.--Notwithstanding any other provision of law, the
Secretary shall distribute the amount of contract authority described
in subsection (b)(1) to States in accordance with this section.
(b) Funding.--
(1) Amount described.--Subject to paragraph (2), the amount
of contract authority referred to in subsection (a) is
$1,800,000,000, which shall be derived from the unobligated
amounts of contract authority made available for credit
assistance under--
(A) the transportation infrastructure finance and
innovation program under subchapter II of chapter 1 of
title 23, United States Code (as in effect before the
date of enactment of SAFETEA-LU (Public Law 109-59; 119
Stat. 1144)); and
(B) the TIFIA program.
(2) Treatment.--The amount distributed under subsection (a)
shall--
(A) be subject to the obligation limitation for
Federal-aid highway and highway safety construction
programs;
(B) remain available until September 30, 2028; and
(C) be in addition to any other funding apportioned
to States under section 104(b) of title 23, United
States Code.
(c) Distribution.--The amount distributed under subsection (a)
shall be distributed so that each State receives an amount equal to the
proportion that--
(1) the amount apportioned to the State for fiscal year
2025 under subsection (b) of section 104 of title 23, United
States Code; bears to
(2) the total amount apportioned to all States for fiscal
year 2025 under that subsection.
(d) Requirements.--Amounts distributed to States under subsection
(a) shall be--
(1) except as otherwise provided in this section,
administered as if apportioned under chapter 1 of title 23,
United States Code;
(2) available for any purpose described in section 133(b)
of that title;
(3) suballocated in the same manner described in section
133(d) of that title; and
(4) subject to the requirements of section 11101(e) of the
Infrastructure Investment and Jobs Act (23 U.S.C. 101 note;
Public Law 117-58).
(e) Effective Date.--This section shall take effect as if enacted
on October 1, 2024.
SEC. 4. REDISTRIBUTION OF FISCAL YEAR 2025 TIFIA FUNDING.
(a) Determination.--
(1) In general.--Notwithstanding any other provision of law
and subject to paragraph (2), on April 1, 2025, the Secretary
shall--
(A) determine the amount of contract authority made
available for credit assistance under the TIFIA program
for fiscal year 2025 pursuant to section 11101(a)(2) of
the Infrastructure Investment and Jobs Act (Public Law
117-58; 135 Stat. 443) that is estimated to remain
unobligated in that fiscal year; and
(B) distribute to States, in accordance with this
section, 75 percent of the amount of contract authority
determined under subparagraph (A).
(2) Treatment.--The amounts distributed under paragraph
(1)(B) shall--
(A) be subject to the obligation limitation for
Federal-aid highway and highway safety construction
programs;
(B) remain available until September 30, 2028; and
(C) be in addition to any other funding apportioned
to States under section 104(b) of title 23, United
States Code.
(b) Distribution.--The amount distributed under subsection
(a)(1)(B) shall be distributed so that each State receives an amount
equal to the proportion that--
(1) the amount apportioned to the State for fiscal year
2025 under subsection (b) of section 104 of title 23, United
States Code; bears to
(2) the total amount apportioned to all States for fiscal
year 2025 under that subsection.
(c) Requirements.--Amounts distributed to States under subsection
(a)(1)(B) shall be--
(1) except as otherwise provided in this section,
administered as if apportioned under chapter 1 of title 23,
United States Code;
(2) available for any purpose described in section 133(b)
of that title;
(3) suballocated in the same manner described in section
133(d) of that title; and
(4) subject to the requirements of section 11101(e) of the
Infrastructure Investment and Jobs Act (23 U.S.C. 101 note;
Public Law 117-58).
SEC. 5. REDISTRIBUTION OF FISCAL YEAR 2026 TIFIA FUNDING.
(a) Determination.--
(1) In general.--Notwithstanding any other provision of law
and subject to paragraph (2), on April 1, 2026, the Secretary
shall--
(A) determine the amount of contract authority made
available for credit assistance under the TIFIA program
for fiscal year 2026 pursuant to section 11101(a)(2) of
the Infrastructure Investment and Jobs Act (Public Law
117-58; 135 Stat. 443) that is estimated to remain
unobligated in that fiscal year; and
(B) distribute to States, in accordance with this
section, 75 percent of the amount of contract authority
determined under subparagraph (A).
(2) Treatment.--The amounts distributed under paragraph
(1)(B) shall--
(A) be subject to the obligation limitation for
Federal-aid highway and highway safety construction
programs;
(B) remain available until September 30, 2029; and
(C) be in addition to any other funding apportioned
to States under section 104(b) of title 23, United
States Code.
(b) Distribution.--The amount distributed under subsection
(a)(1)(B) shall be distributed so that each State receives an amount
equal to the proportion that--
(1) the amount apportioned to the State for fiscal year
2026 under subsection (b) of section 104 of title 23, United
States Code; bears to
(2) the total amount apportioned to all States for fiscal
year 2026 under that subsection.
(c) Requirements.--Amounts distributed to States under subsection
(a)(1)(B) shall be--
(1) except as otherwise provided in this section,
administered as if apportioned under chapter 1 of title 23,
United States Code;
(2) available for any purpose described in section 133(b)
of that title;
(3) suballocated in the same manner described in section
133(d) of that title; and
(4) subject to the requirements of section 11101(e) of the
Infrastructure Investment and Jobs Act (23 U.S.C. 101 note;
Public Law 117-58).
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