S.Amdt. 374

SA 374. Mr. INHOFE (for himself, Mrs. Boxer, Mr. Bond, Mr. Vitter,
Mr. Barrasso, and Mr. Crapo) submitted an amendment intended to be
proposed to amendment SA 98 proposed by Mr. Inouye (for himself and Mr.
Baucus) to the bill H.R. 1, making supplemental appropriations for job
preservation and creation, infrastructure investment, energy efficiency
and science, assistance to the unemployed, and State and local fiscal
stabilization, for fiscal year ending September 30, 2009, and for other
purposes; which was ordered to lie on the table; as follows:

On page 237, between lines 2 and 3, insert the following:

public works supplement

Notwithstanding section 1602, on September 30, 2009, any
discretionary funds up to $50,000,000,000 under this Act that
would otherwise expire on September 30, 2009, shall be
reserved and remain available for obligation for the purposes
of the matter under this heading: Provided, That if the
amount reserved is less than $50,000,000,000, not later than
13 months after the date of enactment of this Act, an amount
of unobligated discretionary funds provided under this Act
equal to $50,000,000,000, less the amount reserved on
September 30, 2009, shall be proportionally from all
unobligated balances transferred to and merged with the funds
reserved on September 30, 2009, and be available for
additional amounts for capital investments in highways,
bridges, and public transportation, and capitalization grants
under the Clean Water State Revolving Funds under title VI of
the Federal Water Pollution Control Act (33 U.S.C. 1381 et
seq.) and the Drinking Water State Revolving Funds under
section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-
12): Provided further, That not later than 11 months after
the date of enactment of this Act, each State (as defined in
section 101(a) of title 23, United States Code) shall compile
and submit to the

[[Page S1710]]

President a list of projects for which contracts may be
awarded during the 120-day period beginning on the date of
receipt of funds and that are eligible for funding under
title 23 or chapter 53 of title 49, United States Code, the
Clean Water State Revolving Funds under title VI of the
Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.),
or the Drinking Water State Revolving Funds under section
1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12):
Provided further, That in compiling surface transportation
projects for inclusion in the list submitted to the
President, projects that will bring the conditions of roads,
bridges, and other transportation system elements up to
standard, projects that will result in high, immediate
employment, projects that will increase the energy
independence of the United States, and projects that will
provide long-term economic benefits, should be given special
consideration: Provided further, That the President shall
distribute to each State an amount equal to the proportion
that the cost of the projects listed by the State bears to
the cost of all projects listed by all States, multiplied by
the amount provided under this heading: Provided further,
That the funds so distributed to each State shall be divided
among the programs provided for in this heading, in the
proportions reflected in the list submitted by the State to
the President under this heading, except that a State, in
coordination with the President, may adjust the amounts
provided among project categories to ensure the ability to
award contracts on all of the funds provided to the State
within the 120-day period beginning on the date on which the
State receives a distribution of funds under this heading:
Provided further, That the list submitted by each State shall
certify that the projects included on the list reflect a
financially constrained State transportation improvement
program and transportation improvement program, or the
priority list of the State for projects, including projects
added after the date of enactment of this Act, to be funded
through the Clean Water State Revolving Fund or Drinking
Water State Revolving Fund as of the date that is 11 months
after the date of enactment of this Act for which the State
reasonably expects to award contracts within the 120-day
period beginning on the date of distribution of funds to the
State: Provided further, That the requirements, including
cost-sharing and accounting requirements, applicable to the
expenditure of funds made available under this title for the
Federal Transit Administration, and to the disbursement of
funds made available under title VII of this Act for the
Clean Water State Revolving Funds under title VI of the
Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.)
and the Drinking Water State Revolving Funds under section
1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12),
shall apply to amounts made available under this heading:
Provided further, That each amount provided in this amendment
is designated as an emergency requirement and necessary to
meet emergency needs pursuant to section 204(a) of S. Con.
Res. 21 (110th Congress) and section 301(b)(2) of S. Con.
Res. 70 (110th Congress), the concurrent resolutions on the
budget for fiscal years 2008 and 2009.
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