S.Amdt. 2445

SA 2445. Mr. DODD (for himself and Mr. Lieberman) submitted an amendment intended to be proposed by him to the bill S. 1072, to authorize funds for Federal-aid highways, highway safety programs, and transit programs, and for other purposes; which was ordered to lie on the table; as follows:

Beginning on page 61, strike line 2 and all that follows through the matter following line 8 on page 64, and insert the following:

SEC. 1201. HIGH TRAFFIC DENSITY EQUITY ADJUSTMENT PROGRAM.

(a) In General.--Subchapter I of chapter 1 of title 23, United States Code, is amended by inserting after section 138 the following:

“Sec. 139. High traffic density equity adjustment program

“(a) Establishment of Program.--The Secretary shall establish and implement a high traffic density equity adjustment program in accordance with this section.

“(b) Eligible Projects.--

“(1) In general.--A State may obligate funds allocated to the State under this section only for projects eligible under the Interstate maintenance program under section 119, the National Highway System program under section 103, the surface transportation program under section 133, the highway safety improvement program under section 148, the highway bridge replacement and rehabilitation program under section 144, and the congestion mitigation and air quality improvement program under section 149 that will--

“(A) preserve, maintain, or otherwise extend, in a cost-effective manner, the useful life of existing highway infrastructure elements; or

“(B) provide operational improvements (including traffic management and intelligent transportation system strategies and limited capacity enhancements) at points of recurring highway congestion.

“(2) Set-aside.--Notwithstanding any other provision of law, of the amounts made available under section 1101(a)(14) of the Safe, Accountable, Flexible, and Efficient Transportation Equity Act of 2003, $439,000,000 shall be available for obligation to carry out this section without further appropriation.

“(3) High traffic density equity adjustment program.--

“(A) In general.--The Secretary shall allocate the amounts made available under paragraph (2) in the ratio that--

“(i) the ratio of annual vehicle miles traveled to lane miles of each State greater than the ratio of total vehicle miles traveled to total lane miles of all States; bears to

“(ii) the ratio of total vehicle miles traveled to total lane miles of all States.

“(B) Determination of annual vehicle miles travel.--In determining annual vehicle miles per lane mile for purposes of this paragraph, the Secretary shall use the latest available annual estimates prepared by the Secretary of Transportation.

“(c) Period of Availability.--

“(1) Obligation within 180 days.--

“(A) In general.--Funds allocated to a State under this section shall be obligated by the State not later than 180 days after the date of apportionment.

“(B) Unobligated funds.--Any amounts that remain unobligated at the end of that period shall be allocated in accordance with subsection (d).

“(2) Obligation by end of fiscal year.--

“(A) In general.--All funds allocated or reallocated under this section shall remain available for obligation until the last day of the fiscal year for which the funds are apportioned.

“(B) Unobligated funds.--Any amounts allocated that remain unobligated at the end of the fiscal year shall lapse.

“(d) Redistribution of Allocated Funds and Obligation Authority.--

“(1) In general.--On the date that is 180 days after the date of allocation, or as soon thereafter as practicable, for each fiscal year, the Secretary shall -

“(A) withdraw--

“(i) any funds allocated to a State under this section that remain unobligated; and

“(ii) an equal amount of obligation authority provided for the use of the funds in accordance with section 1101(a)(14) of the Safe, Accountable, Flexible, and Efficient Transportation Equity Act of 2003; and

“(B) reallocate the funds and redistribute the obligation authority to States that--

“(i) have fully obligated all amounts allocated under this section for the fiscal year; and

(ii) demonstrate that the State is able to obligate additional amounts for projects eligible under this section before the end of the fiscal year.

“(2) Equity bonus.--The calculation and distribution of funds under section 105 shall not be adjusted as a result of the allocation of funds under this subsection.

“(e) Federal Share Payable.--The Federal share payable for a project funded under this section shall be determined in accordance with section 120.

(b) Conforming Amendment.--The chapter analysis for chapter 1 of title 23, United States Code, is amended by adding after the item relating to section 138 the following:

“139. High traffic density equity adjustment program.”.