II 109th CONGRESS 1st Session S. 762 IN THE SENATE OF THE UNITED STATES April 12, 2005 Mr. Voinovich (for himself, Mr. Levin, Mr. DeWine, Ms. Stabenow, Mr. Cornyn, Mr. Alexander, Mr. DeMint, Mrs. Dole, Mr. Vitter, Mr. Martinez, Mr. Isakson, Mr. Nelson of Florida, Mr. Lugar, Mr. Burr, Mr. Cochran, Mr. Lott, Mrs. Hutchison, Mr. Chambliss, Mr. Bayh, Mr. Allen, and Ms. Landrieu) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend title 23, United States Code, to increase the minimum allocation provided to States for use in carrying out certain highway programs.

1.

Short title

This Act may be cited as the Highway Funding Equity Act of 2005 .

2.

Minimum guarantee

Section 105 of title 23, United States Code, is amended— (1) by striking subsection (a) and subsections (c) through (f); (2) by redesignating subsection (b) as subsection (e); (3) by inserting after the section heading the following: (a)

Guarantee

(1)

In general

For each of fiscal years 2005 through 2009, the Secretary shall allocate among the States amounts sufficient to ensure that the percentage for each State of the total apportionments for the fiscal year for the National Highway System under section 103(b), the high priority projects program under section 117, the Interstate maintenance program under section 119, the surface transportation program under section 133, metropolitan planning under section 134, the highway bridge replacement and rehabilitation program under section 144, the congestion mitigation and air quality improvement program under section 149, the recreational trails program under section 206, the Appalachian development highway system under subtitle IV of title 40, and the minimum guarantee under this paragraph, equals or exceeds the percentage determined for the State under paragraph (2). (2)

State percentages

(A)

In general

Except as provided in subparagraph (B), the percentage for each State referred to in paragraph (1) is the percentage that is equal to 95 percent of the ratio that— (i) the estimated tax payments attributable to highway users in the State paid into the Highway Trust Fund (other than the Mass Transit Account) in the most recent fiscal year for which data are available; bears to (ii) the estimated tax payments attributable to highway users in all States paid into the Highway Trust Fund (other than the Mass Transit Account) in the most recent fiscal year for which data are available. (B)

Exception

In the case of a State having a population density of less than 50 individuals per square mile according to the 2000 decennial census, the percentage referred to in paragraph (1) shall be the greater of— (i) the percentage determined under subparagraph (A); or (ii) the percentage specified in subsection (e). (b)

Treatment of funds

(1)

Programmatic distribution

The Secretary shall apportion the amounts made available under this section that exceed $2,800,000,000 so that the amount apportioned to each State under this paragraph for each program referred to in subsection (a)(1) (other than the high priority projects program, metropolitan planning, the recreational trails program, the Appalachian development highway system, and the minimum guarantee under subsection (a)) is equal to the product obtained by multiplying— (A) the amount to be apportioned under this paragraph; and (B) the ratio that— (i) the amount of funds apportioned to the State for each program referred to in subsection (a)(1) (other than the high priority projects program, metropolitan planning, the recreational trails program, the Appalachian development highway system, and the minimum guarantee under subsection (a)) for a fiscal year; bears to (ii) the total amount of funds apportioned to the State for that program for the fiscal year. (2)

Remaining distribution

(A)

In general

Subject to subparagraph (B), the Secretary shall apportion the remainder of funds made available under this section to the States, and administer those funds, in accordance with section 104(b)(3). (B)

Inapplicable requirements

Paragraphs (1), (2), and (3) of section 133(d) shall not apply to amounts apportioned in accordance with this paragraph. (c)

Authorization of appropriations

There are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) such sums as are necessary to carry out this section for each of fiscal years 2005 through 2009. (d)

Guarantee of 95 percent return

(1)

In general

For each of fiscal years 2005 through 2009, before making any apportionment under this title, the Secretary shall— (A) determine whether the sum of the percentages determined under subsection (a)(2) for the fiscal year exceeds 100 percent; and (B) if the sum of the percentages exceeds 100 percent, proportionately adjust the percentages specified in the table contained in subsection (e) to ensure that the sum of the percentages determined under subsection (a)(1)(B) for the fiscal year equals 100 percent. (2)

Eligibility threshold for adjustment

The Secretary may make an adjustment under paragraph (1) for a State for a fiscal year only if the percentage for the State in the table contained in subsection (e) is equal to or exceeds 95 percent of the ratio determined for the State under subsection (a)(1)(B)(i) for the fiscal year. (3)

Limitation on adjustments

Adjustments of the percentages in the table contained in subsection (e) in accordance with this subsection shall not result in a total of the percentages determined under subsection (a)(2) that exceeds 100 percent. ; and (4) in subsection (e) (as redesignated by paragraph (2)), by striking subsection (a) and inserting subsections (a)(2)(B)(ii) and (d).