II 111th CONGRESS 1st Session S. 309 IN THE SENATE OF THE UNITED STATES January 22, 2009 Mr. Baucus (for himself, Mr. Tester, Mr. Thune, Mr. Crapo, and Mr. Conrad) 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 improve highway transportation in the United States, including rural and metropolitan areas.

1.

Short title

This Act may be cited as the Nationwide Freight and Personal Mobility Act.

2.

Findings

Congress finds that— (1)the safe and efficient movement of individuals and freight in interstate commerce, including the movement of individuals and freight on highways over long distances, is essential to the economic growth and prosperity of the United States, including both rural and metropolitan areas; (2)the highway movement of freight will be, for the foreseeable future, on roads that serve both freight and passenger traffic, requiring effective and unified planning and funding for the preservation and improvement of highways in the interest of effective transportation of both individuals and freight in rural and metropolitan areas; (3)it is essential and appropriate that Federal programs to preserve and improve highway transportation infrastructure ensure consideration of the needs of freight as part of an overall, unified, and multimodal approach to meeting the national interest in the safe and efficient transportation of both individuals and freight; (4)vehicle miles traveled on the National Highway System, including the Interstate System, represent nearly 45 percent of all vehicle miles traveled in the United States, even as National Highway System routes comprise only 4 percent of public road mileage in the United States; and (5)a well-preserved and improved system of National Highway System routes, including Interstate System routes, is essential to the effective movement of individuals and freight in the United States in both rural and metropolitan areas.

3.

Guaranteed funding for National Highway System

(a)

In general

Chapter 1 of title 23, United States Code, is amended by adding at the end the following:

167.

Guaranteed funding for National Highway System

(a)

Applicability

This section applies to authorizations of appropriations from the Highway Trust Fund (other than the Mass Transit Account) for fiscal year 2010 and each fiscal year thereafter. (b)

Determination of apportionments

For each fiscal year, the Secretary shall determine the total amounts apportioned among the States pursuant to authorizations of appropriations from the Highway Trust Fund (other than the Mass Transit Account), other than authorizations of appropriations pursuant to— (1)this section; (2)section 105; and (3)other provisions of this title administered by the National Highway Traffic Safety Administration or the Federal Motor Carrier Safety Administration. (c)

Additional authorization of appropriations

(1)

In general

If the total amount of apportionments for a fiscal year for the Interstate maintenance program under section 119 and the National Highway System program under section 103, exclusive of apportionments pursuant to authorizations of appropriations under this section, equals less than 45 percent of the total amount apportioned for the fiscal year as determined under subsection (b), an additional amount determined pursuant to paragraph (2) is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) for the fiscal year for the National Highway System program under section 103. (2)

Amount

The amount of the additional authorization of appropriations described in paragraph (1) for a fiscal year for the National Highway System program under section 103 shall be determined by the Secretary— (A)by subtracting from the total amount described by subsection (b) the amounts included in that total for apportionments for the National Highway System program under section 103 and the Interstate maintenance program under section 119 for the fiscal year; (B)by dividing the difference calculated under subparagraph (A) by 0.55; (C)by multiplying the quotient calculated under subparagraph (B) by 0.45; and (D)by subtracting from the product calculated under subparagraph (C) the amount included in subsection (b) for apportionments for the National Highway System program under section 103 and the Interstate maintenance program under section 119 for the fiscal year.

. (b)

Conforming amendment

The analysis for chapter 1 of title 23, United States Code, is amended by inserting at the end of the items relating to subchapter I the following: 167. Guaranteed funding for National Highway System. .

4.

Federal share

Section 120(b) of title 23, United States Code, is amended by striking 80 percent of the cost thereof each place it appears and inserting 80 percent of the cost of the project (if the project is not on the National Highway System), or 85 percent of the cost of the project (if the project is on the National Highway System and not on the Interstate System).