S.Amdt. 2387

SA 2387. Mr. McCAIN submitted an amendment intended to be proposed by him to the bill S. 1072, to authorize funds for Federal-aid highways, highways safety programs, and transit programs, and for other purposes; which was ordered to lie on the table; as follows:

SEC. 1104. EQUITY PROVISION.

(a) In General.--Section 105 of title 23, United States Code, is amended to read as follows:

“Sec. 105. Equity provision

“(a) General Rule.--For each of fiscal years 2004 through 2009, the Secretary shall ensure that the percentage of apportionments of each State is sufficient to ensure that, based on the percentage of tax payments attributable to highway users in each State paid into the Highway Trust Fund (other than the Mass Transit Account) in the latest fiscal year for which data are available, no State's percentage return from the Highway Trust Fund is less than 100 percent.

“(b) Apportionments.--In making an apportionment described in subsection (a) for a fiscal year, the Secretary shall ensure that the rate of return of each State from the Highway Trust Fund includes the total apportionments made for the fiscal year for--

“(1) the Interstate maintenance program under section 119;

“(2) the National Highway System under section 103;

“(3) the bridge program under section 144;

“(4) the surface transportation program under section 133;

“(5) the congestion mitigation and air quality improvement program under section 149;

“(6) the highway safety improvement program under section 148;

“(7) the Appalachian development highway system program under section 170;

“(8) the recreational trails program under section 206;

“(9) the metropolitan planning program under section 104(f);

“(10) the safe routes to school program under section 150; and

“(11) the railway-highway crossings under section 130.

“(c) Adjustments.--

“(1) In general.--If in any of fiscal years 2004 through 2009, the total of the amounts authorized under (a) and (b) is more than the amounts listed in paragraph (2), then the Secretary shall proportionally reduce the amounts apportioned under paragraphs (1) through (6) so that the total equals the amount listed under paragraph (2). In making such reductions, the Secretary shall ensure that no State's percentage return from the Highway Trust Fund (other than the Mass Transit Account) is less than 100 percent.

“(2) Amounts.--The amount listed in this paragraph is as follows:

“(A) the amount for 2004 is $35,419,162,743.

“(B) the amount for 2005 is $38,142,851,998.

“(C) the amount for 2006 is $39,323,247,546.

“(D) the amount for 2007 is $39,084,010,054.

“(E) the amount for 2008 is $39,386,404,896.

“(F) the amount for 2009 is $44,789,782,206.

“(3) Negative amounts.--If the reduction required by paragraph (1) for any fiscal year would result in zero or a negative number, then the Secretary shall apportion the amount for that fiscal year set forth in paragraph (2) among the several States using the formula in subsection (a).

“(d) Authorization of Appropriations.--There are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) such sums as may be necessary to carry out this section for each of fiscal years 2004 through 2009.

“(e) Programmatic Distribution of Funds.--

“(1) Initial distribution.--The Secretary shall apportion $2,500,000,000 of the amounts made available under this section to each State in accordance with section 119.

“(2) Remainder distribution.--The Secretary shall apportion the remainder of the amounts made available under this section so that the amount apportioned to each State for each program referred to in paragraphs (1) through (6) of subsection (b) is equal to the amount determined by multiplying the amount to be apportioned under this paragraph by the ratio that--

(A) the amount of funds apportioned to each State for each program referred to in those paragraphs for a fiscal year, bears to

(B) the total amount of funds apportioned to each State for such program for that fiscal year.”.

(b) Conforming Amendments.--

(1) Section 104(b) of title 23, United States Code, is amended--

(A) by inserting “50 percent of” after “Highway, and” in paragraph (1)(A);

(B) by redesignating subparagraph (B) of paragraph (1) as subparagraph (C) and inserting the following after subparagraph (A):

“(B) The remaining 50 percent of the funds apportioned under subparagraph (A) shall be apportioned in the ratio described in paragraph (3)(A).”;

(C) by striking paragraph (3)(A) and inserting the following:

“(A) In general.--For the surface transportation program, in the ratio that--

“(i) the estimated tax payments attributable to highway users in each State paid into the Highway Trust fund (other than the Mass Transit Account) in the latest 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 latest fiscal year for which data are available.”;

(D) by striking “For” in paragraph (4) and inserting “Fifty percent of the funds for”; and

(E) by adding at the end of paragraph (4) the following:

“(The remaining 50 percent of such funds shall be apportioned in the ratio described in paragraph (3)(A).”.

(2) The chapter analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 105 and inserting the following:

“105. Equity provision”.

Strike paragraph (13) of section 1101 of the amendment and redesignate paragraphs (14) and (15) as paragraphs (13) and (14), respectively.