[Congressional Record Volume 165, Number 170 (Monday, October 28, 2019)]
[Senate]
[Pages S6199-S6200]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1195. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 948 proposed by Mr. Shelby to the bill H.R. 3055, making 
appropriations for the Departments of Commerce and Justice, Science, 
and Related Agencies for the fiscal year ending September 30, 2020, and 
for other purposes; which was ordered to lie on the table; as follows:

       Beginning on page 397, strike line 22 and all that follows 
     through page 404, line 24, and insert the following:

[[Page S6200]]

       Sec. 120. (a) Subject to subsection (d) and notwithstanding 
     any other provision of law, for fiscal year 2020, the 
     obligations for Federal-aid highway and highway safety 
     construction programs shall not exceed the net highway 
     receipts most recently estimated by the Secretary of the 
     Treasury for that fiscal year under section 9503(d)(1)(B) of 
     the Internal Revenue Code of 1986.
       (b) For fiscal year 2020, the Secretary of Transportation 
     shall--
       (1) not distribute from the obligation limitation for 
     Federal-aid highways--
       (A) amounts authorized for administrative expenses and 
     programs by section 104(a) of title 23, United States Code; 
     and
       (B) amounts authorized for the Bureau of Transportation 
     Statistics;
       (2) not distribute an amount from the obligation limitation 
     for Federal-aid highways that is equal to the unobligated 
     balance of amounts--
       (A) made available from the Highway Trust Fund (other than 
     the Mass Transit Account) for Federal-aid highway and highway 
     safety construction programs for previous fiscal years the 
     funds for which are allocated by the Secretary (or 
     apportioned by the Secretary under sections 202 or 204 of 
     title 23, United States Code); and
       (B) for which obligation limitation was provided in a 
     previous fiscal year;
       (3) determine the proportion that--
       (A) the obligation limitation for Federal-aid highways, 
     less the aggregate of amounts not distributed under 
     paragraphs (1) and (2) of this subsection; bears to
       (B) the total of the sums authorized to be appropriated for 
     the Federal-aid highway and highway safety construction 
     programs, less the aggregate of the amounts not distributed 
     under paragraphs (1) and (2) of this subsection;
       (4) distribute the obligation limitation for Federal-aid 
     highways, less the aggregate amounts not distributed under 
     paragraphs (1) and (2), for each of the programs (other than 
     programs to which paragraph (1) applies) that are allocated 
     by the Secretary under the Fixing America's Surface 
     Transportation Act and title 23, United States Code, or 
     apportioned by the Secretary under sections 202 or 204 of 
     that title, by multiplying--
       (A) the proportion determined under paragraph (3); by
       (B) the amounts authorized to be appropriated for each such 
     program for such fiscal year; and
       (5) distribute the obligation limitation for Federal-aid 
     highways, less the aggregate amounts not distributed under 
     paragraphs (1) and (2) and the amounts distributed under 
     paragraph (4), for Federal-aid highway and highway safety 
     construction programs that are apportioned by the Secretary 
     under title 23, United States Code (other than the amounts 
     apportioned under sections 202 and 204 of title 23, United 
     States Code) in the proportion that--
       (A) amounts authorized to be appropriated for the programs 
     that are apportioned under title 23, United States Code, to 
     each State for such fiscal year; bears to
       (B) the total of the amounts authorized to be appropriated 
     for the programs that are apportioned under title 23, United 
     States Code, to all States for such fiscal year.
       (c) Redistribution of Unused Obligation Authority.--
     Notwithstanding subsection (b), the Secretary shall, after 
     August 1 of such fiscal year--
       (1) revise a distribution of the obligation limitation made 
     available under subsection (b) if an amount distributed 
     cannot be obligated during that fiscal year; and
       (2) redistribute sufficient amounts to those States able to 
     obligate amounts in addition to those previously distributed 
     during that fiscal year, giving priority to those States 
     having large unobligated balances of funds apportioned under 
     sections 144 (as in effect on the day before the date of 
     enactment of Public Law 112-141) and 104 of title 23, United 
     States Code.
       (d) Applicability of Obligation Limitations to 
     Transportation Research Programs.--
       (1) In general.--Except as provided in paragraph (2), the 
     obligation limitation for Federal-aid highways shall apply to 
     contract authority for transportation research programs 
     carried out under--
       (A) chapter 5 of title 23, United States Code; and
       (B) title VI of the Fixing America's Surface Transportation 
     Act.
       (2) Exception.--Obligation authority made available under 
     paragraph (1) shall--
       (A) remain available for a period of 4 fiscal years; and
       (B) be in addition to the amount of any limitation imposed 
     on obligations for Federal-aid highway and highway safety 
     construction programs for future fiscal years.
       (e) Redistribution of Certain Authorized Funds.--
       (1) In general.--Not later than 30 days after the date of 
     distribution of obligation limitation under subsection (b), 
     the Secretary shall distribute to the States any funds 
     (excluding funds authorized for the program under section 202 
     of title 23, United States Code) that--
       (A) are authorized to be appropriated for such fiscal year 
     for Federal-aid highway programs; and
       (B) the Secretary determines will not be allocated to the 
     States (or will not be apportioned to the States under 
     section 204 of title 23, United States Code), and will not be 
     available for obligation, for such fiscal year because of the 
     imposition of any obligation limitation for such fiscal year.
       (2) Ratio.--Funds shall be distributed under paragraph (1) 
     in the same proportion as the distribution of obligation 
     authority under subsection (b)(5).
       (3) Availability.--Funds distributed to each State under 
     paragraph (1) shall be available for any purpose described in 
     section 133(b) of title 23, United States Code.
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