S.Amdt. 4007

SA 4007. Mr. WYDEN (for himself, Mr. Thune, Mr. Dodd, Mr. Shelby,
Mrs. Clinton, Mr. Durbin, Mr. Harkin, Mr. Johnson, Mr. Menendez, Ms.
Mikulski, Mr. Reed, Mr. Sanders, Mr. Schumer, and Mr. Webb) submitted
an amendment intended to be proposed to amendment SA 3983 proposed by
Mr. Reid to the bill H.R. 5140, to provide economic stimulus through
recovery rebates to individuals, incentives for business investment,
and an increase in conforming and FHA loan limits; which was ordered to
lie on the table; as follows:

At the end, add the following:

TITLE VI--INCREASED FUNDING FOR HIGHWAY TRUST FUND

SEC. 601. REPLENISH EMERGENCY SPENDING FROM HIGHWAY TRUST
FUND.

(a) In General.--Section 9503(b) of the Internal Revenue
Code of 1986 is amended--
(1) by adding at the end the following new paragraph:
``(7) Emergency spending replenishment.--There is hereby
appropriated to the Highway Trust Fund $5,000,000,000, of
which--
``(A) $4,000,000,000 shall be deposited in the Highway
Account; and
``(B) $1,000,000,000 shall be deposited in the Mass Transit
Account.'', and
(2) by striking ``Amounts Equivalent to Certain Taxes and
Penalties'' in the heading and inserting ``Certain Amounts''.
(b) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act.

SEC. 602. OBLIGATION AUTHORITY FOR STIMULUS PROJECTS.

(a) In General.--Section 1102 of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for
Users (23 U.S.C. 104 note; Public Law 109-59) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``(g) and (h)'' and inserting ``(g), (h), and (l)''; and
(B) paragraph (4), by striking ``$39,585,075,404'' and
inserting ``$43,585,075,404''; and
(2) by adding at the end the following:
``(l) Obligation Authority for Stimulus Projects.--
``(1) In general.--Of the obligation authority distributed
under subsection (a)(4), not less than $4,000,000,000 shall
be provided to States for use in carrying out highway
projects that the States determine will provide rapid
economic stimulus.
``(2) Requirement.--A State that seeks a distribution of
the obligation authority described in paragraph (1) shall
agree to obligate funds so received not later than 120 days
after the date on which the State receives the funds.
``(3) Flexibility.--A State that receives a distribution of
the obligation authority described in paragraph (1) may use
the funds for any highway project described in paragraph (1),
regardless of any funding limitation or formula that is
otherwise applicable to projects carried out using obligation
authority under this section.
``(4) Federal share.--The Federal share of any highway
project carried out using funds described in paragraph (1)
shall be 100 percent.''.
(b) Conforming Amendments.--
(1) The matter under the heading ``(including transfer of
funds)'' under the heading ``(highway trust fund)'' under the
heading ``(limitation on obligations)'' under the heading
``federal-aid highways'' under the heading ``Federal Highway
Administration'' of title I of division K of the Consolidated
Appropriations Act, 2008 (Public Law 110-161; 121 Stat. 1844)
is amended by striking ``$40,216,051,359'' and inserting
``$44,216,051,359''.
(2) The matter under the heading ``(including rescission)''
under the heading ``(highway trust fund)'' under the heading
``(limitation on obligations)'' under the heading
``(liquidation of contract authority)'' under the heading
``formula and bus grants'' under the heading ``Federal
Transit Administration'' of title I of division K of the
Consolidated Appropriations Act, 2008 (Public Law 110-161;
121 Stat. 1844) is amended by striking ``$6,855,000,000'' and
inserting ``, and section 3052 of Public Law 109-59,
$7,855,000,000''.
(3) Sections 9503(c)(1) and 9503(e)(3) of the Internal
Revenue Code of 1986 are each amended by inserting ``, as
amended by the Economic Stimulus Act of 2008,''.

SEC. 603. STIMULUS OF MANUFACTURING AND CONSTRUCTION THROUGH
PUBLIC TRANSPORTATION INVESTMENT.

(a) In General.--Title III of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for
Users (Public Law 109-59; 119 Stat. 1544) is amended by
adding at the end the following:

``SEC. 3052. STIMULUS OF MANUFACTURING AND CONSTRUCTION
THROUGH PUBLIC TRANSPORTATION INVESTMENT.

``(a) Authorization.--The Secretary is authorized to make
stimulus grants under this section to public transportation
agencies.
``(b) Eligible Recipients.--Stimulus grants authorized
under subsection (a) may be awarded--
``(1) to public transportation agencies which have a full
funding grant agreement in force on the date of enactment of
this section with Federal payments scheduled in any year
beginning with fiscal year 2008, for activities authorized
under the full funding grant agreement that would expedite
construction of the project; and
``(2) to designated recipients as defined in section 5307
of title 49, United States Code, for immediate use to address
a backlog of existing maintenance needs or to purchase
rolling stock or buses, if the contracts for such purchases
are in place prior to the grant award.
``(c) Use of Funds.--Of the amounts made available to carry
out this section, the Secretary shall use to make grants
under this section--
``(1) $300,000,000 for stimulus grants to recipients
described in subsection (b)(1); and
``(2) $700,000,000 for stimulus grants to recipients
described in subsection (b)(2).
``(d) Distribution of Funds.--
``(1) Expedited new starts grants.--Funds described in
subsection (c)(1) shall be distributed among eligible
recipients so that each recipient receives an equal
percentage increase based on the Federal funding commitment
for fiscal year 2008 specified in Attachment 6 of the
recipient's full funding grant agreement.
``(2) Formula grants.--Of the funds described in subsection
(c)(2)--
``(A) 60 percent shall be distributed according to the
formula in subsections (a) through (c) of section 5336 of
title 49, United States Code; and
``(B) 40 percent shall be distributed according to the
formula in section 5340 of title 49, United States Code.
``(3) Allocation.--The Secretary shall determine the
allocation of the amounts described in subsection (c)(1) and
shall apportion amounts described in subsection (c)(2) not
later than 20 days after the date of enactment of this
section.
``(4) Notification to congress.--The Secretary shall notify
the committees referred to in section 5334(k) of title 49,
United States Code, of the allocations determined under
paragraph (3) not later than 3 days after such determination
is made.
``(5) Obligation requirement.--The Secretary shall obligate
the funds described in subsection (c)(1) as expeditiously as
practicable, but in no case later than 120 days after the
date of enactment of this section.
``(e) Pre-Award Spending Authority.--
``(1) In general.--A recipient of a grant under this
section shall have pre-award spending authority.
``(2) Requirements.--Any expenditure made pursuant to pre-
award spending authorized by this subsection shall conform
with applicable Federal requirements in order to remain
eligible for future Federal reimbursement.
``(f) Federal Share.--The Federal share of a stimulus grant
authorized under this section shall be 100 percent.
``(g) Self-Certification.--
``(1) In general.--Prior to the obligation of stimulus
grant funds under this section, the recipient of the grant
award shall certify--
``(A) for recipients described in subsection (b)(1), that
the recipient will comply with the terms and conditions that
apply to grants under section 5309 of title 49, United States
Code;
``(B) for recipients under subsection (b)(2), that the
recipient will comply with the terms and conditions that
apply to grants under section 5307 of title 49, United States
Code; and
``(C) that the funds will be used in a manner that will
stimulate the economy.
``(2) Certification.--Required certifications may be made
as part of the certification required under section
5307(d)(1) of title 49, United States Code.
``(3) Audit.--If, upon the audit of any recipient under
this section, the Secretary finds that the recipient has not
complied with the requirements of this section and has not
made a good-faith effort to comply, the Secretary may
withhold not more than 25 percent of the amount required to
be appropriated for that recipient under section 5307 of
title 49, United States Code, for the following fiscal year
if the Secretary notifies the committees referred to in
subsection (d)(4) at least 21 days prior to such
withholding.''.
(b) Stimulus Grant Funding.--Section 5338 of title 49,
United States Code, is amended by adding at the end the
following:

[[Page S749]]

``(h) Stimulus Grant Funding.--For fiscal year 2008,
$1,000,000,000 shall be available from the Mass Transit
Account of the Highway Trust Fund to carry out section 3052
of the Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users.''.
(c) Expanded Bus Service in Small Communities.--Section
5307(b)(2) of title 49, United States Code, is amended--
(1) in the paragraph heading, by striking ``2007'' and
inserting ``2009'';
(2) in subparagraph (A), by striking ``2007'' and inserting
``2009''; and
(3) by adding at the end the following:
``(E) Maximum amounts in fiscal years 2008 and 2009.--In
fiscal years 2008 and 2009--
``(i) amounts made available to any urbanized area under
clause (i) or (ii) of subparagraph (A) shall be not more than
50 percent of the amount apportioned in fiscal year 2002 to
the urbanized area with a population of less than 200,000, as
determined in the 1990 decennial census of population;
``(ii) amounts made available to any urbanized area under
subparagraph (A)(iii) shall be not more than 50 percent of
the amount apportioned to the urbanized area under this
section for fiscal year 2003; and
``(iii) each portion of any area not designated as an
urbanized area, as determined by the 1990 decennial census,
and eligible to receive funds under subparagraph (A)(iv),
shall receive an amount of funds to carry out this section
that is not less than 50 percent of the amount the portion of
the area received under section 5311 in fiscal year 2002.''.
______