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Text of the Surface Transportation Extension Act of 2012

This bill was introduced on September 8, 2011, in a previous session of Congress, but was not enacted. The text of the bill below is as of Sep 8, 2011 (Placed on Calendar in the Senate).

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Source: GPO

II

Calendar No. 159

112th CONGRESS

1st Session

S. 1525

IN THE SENATE OF THE UNITED STATES

September 8, 2011

, 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.

Short title; table of contents

(a)

Short title

This Act may be cited as the Surface Transportation Extension Act of 2012.

(b)

Table of contents

The table of contents of 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.

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.

2.

Definitions

In this Act and the amendments made by this Act:

(1)

Part-year funding date

The term Part-Year Funding Date means January 31, 2012.

(2)

Part-year ratio

The term Part-Year Ratio means the ratio calculated by dividing—

(A)

the number of days included in the period beginning on October 1, 2011, and ending on the Part-Year Funding Date; by

(B)

366.

(3)

SAFETEA–LU

The term SAFETEA–LU means the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (Public Law 109–59; 119 Stat. 1144).

(4)

STEA OF 2010

The term STEA of 2010 means the Surface Transportation Extension Act of 2010 (Public Law 111–147; 124 Stat. 78).

I

Federal-aid highways

101.

Federal-aid highway programs continuation

(a)

In general

Except as otherwise provided in this section, requirements, authorities, conditions, eligibilities, limitations, and other provisions authorized under titles I, V, and VI of SAFETEA–LU (119 Stat. 1144), the SAFETEA–LU Technical Corrections Act of 2008 (122 Stat. 1572), titles I and VI of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 1914), titles I and V of the Transportation Equity Act for the 21st Century (112 Stat. 107), and title 23, United States Code (excluding chapter 4 of that title), which would otherwise expire on or cease to apply after September 30, 2011, are incorporated by reference and shall continue in effect through the Part-Year Funding Date.

(b)

Authorization of appropriations

Except as provided in section 102, there are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) for the period beginning on October 1, 2011, and ending on the Part-Year Funding Date, a sum equal to—

(1)

the total amount authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) for programs, projects, and activities for fiscal year 2011 under subtitle A of title IV of the STEA of 2010; multiplied by

(2)

the Part-Year Ratio.

(c)

Use of funds

(1)

In general

Except as otherwise expressly provided in this section, funds authorized to be appropriated under subsection (b) for the period beginning on October 1, 2011, and ending on the Part-Year Funding Date, shall be distributed, administered, limited, and made available for obligation in the same manner and in the same proportional amounts as funds authorized to be appropriated out of the Highway Trust Fund for fiscal year 2011 to carry out programs, projects, activities, eligibilities, and requirements under sections 411(d)(2), 411(d)(3)(B), and 411(d)(4) of the STEA of 2010, SAFETEA–LU (119 Stat. 1144), the SAFETEA–LU Technical Corrections Act of 2008 (122 Stat. 1572), titles I and VI of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 1914), titles I and V of the Transportation Equity Act for the 21st Century (112 Stat. 107), and title 23, United States Code (excluding chapter 4 of that title).

(2)

Contract authority

(A)

In general

Except as provided in subparagraph (B), funds authorized to be appropriated under this section—

(i)

shall be available for obligation and shall be administered in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code; and

(ii)

for the period beginning on October 1, 2011, and ending on the Part-Year Funding Date, shall be subject to a limitation on obligations included in an Act making appropriations for fiscal year 2012 or a portion of that fiscal year, except that during such period obligations subject to such limitation shall not exceed—

(I)

the amount of such limitation on obligations included in an Act making appropriations for fiscal year 2012; multiplied by

(II)

the Part-Year Ratio.

(B)

Exceptions

A limitation on obligations described in subparagraph (A)(ii) shall not apply to any obligation under—

(i)

section 125 of title 23, United States Code; or

(ii)

section 105 of title 23, United States Code for the period beginning on October 1, 2011, and ending on the Part-Year Funding Date, only in an amount equal to $639,000,000 multiplied by the Part-Year Ratio.

(3)

Calculations for distribution of obligation limitation

Upon enactment of an Act making appropriations for the Department of Transportation for fiscal year 2012 (other than an Act or resolution making continuing appropriations), the Secretary of Transportation shall—

(A)

as necessary for purposes of making the calculations for the distribution of any obligation limitation under such Act, annualize the amount of contract authority provided under this title for Federal-aid highways and highway safety construction programs; and

(B)

multiply the resulting distribution of any obligation limitation under such Act by the Part-Year Ratio.

(d)

Extension of authorizations under title V of SAFETEA–LU

(1)

In general

Each program authorized under paragraphs (1) through (5) of section 5101(a) of SAFETEA–LU (119 Stat. 1779) shall be continued for the period beginning on October 1, 2011, and ending on the Part-Year Funding Date, at the funding level made available for that program for fiscal year 2011, multiplied by the Part-Year Ratio.

(2)

Distribution of funds

Funds for programs continued under paragraph (1) shall be distributed to major program areas under those programs in the same proportions as funds were allocated for those program areas for fiscal year 2011, except that designations for specific activities shall not be required to be continued for the period beginning on October 1, 2011, and ending on the Part-Year Funding Date.

102.

Administrative expenses

(a)

Authorization of contract authority

Notwithstanding any other provision of this title or any other law, there are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account), from amounts provided under section 101, for administrative expenses of the Federal-aid highway program for the period beginning on October 1, 2011, and ending on the Part-Year Funding Date, an amount equal to $422,425,000 multiplied by the Part-Year Ratio.

(b)

Contract authority

Funds authorized to be appropriated by this section shall be—

(1)

available for obligation, and shall be administered, in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code; and

(2)

subject to a limitation on obligations for Federal-aid highways and highway safety construction programs, except that such funds shall remain available until expended.

II

Additional programs

201.

Dingell-Johnson Sport Fish Restoration Act

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

(1)

in subsection (a) by inserting and, for the period beginning on October 1, 2011, and ending on the Part-Year Funding Date set forth or otherwise established in the Surface Transportation Extension Act of 2012 after 2006 through 2011 ; and

(2)

in subsection (b)(1)(A) by inserting and, for the period beginning on October 1, 2011, and ending on the Part-Year Funding Date set forth or otherwise established in the Surface Transportation Extension Act of 2012 after 2006 through 2011.

III

Rescission

301.

Rescission of unobligated balances

On September 1, 2012, of the unobligated balances of funds apportioned before that date to each State under chapter 1 of title 23, United States Code, $3,130,000,000 is permanently rescinded: Provided, That such rescission shall not apply to the funds distributed in accordance with sections 130(f) and 104(b)(5) of title 23, United States Code, sections 133(d)(1) and 163 of that title (as in effect on the day before the date of enactment of the SAFETEA–LU), or the first sentence of section 133(d)(3)(A) of title 23, United States Code: Provided further, That notwithstanding section 1132 of the Energy Independence and Security Act of 2007 (121 Stat. 1763), in administering the rescission required under this section, the Secretary of Transportation shall allow each State to determine the amount of the required rescission to be drawn from the programs to which the rescission applies.

September 8, 2011

Read twice and placed on the calendar