S.Amdt. 2560

SA 2560. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself,
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr.
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R.
3684, 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:

Strike section 11102 and insert the following:

SEC. 11102. OBLIGATION LIMITATION.

(a) General Limitation.--Subject to subsection (d) and
notwithstanding any other provision of law, for each fiscal
year, 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) Distribution of Obligation Authority.--For each fiscal
year, the Secretary--
(1) shall not distribute obligation authority provided by
subsection (a) for the fiscal year for--
(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) shall not distribute an amount of obligation authority
provided by subsection (a) 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 section 202 or 204 of
title 23, United States Code); and
(B) for which obligation authority was provided in a
previous fiscal year;
(3) shall determine the proportion that--
(A) the obligation authority provided by subsection (a) for
the fiscal year, 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) shall distribute the obligation authority provided by
subsection (a), 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

[[Page S5881]]

under this division 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 the fiscal year; and
(5) shall distribute the obligation authority provided by
subsection (a), 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 the 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 the fiscal year.
(c) Redistribution of Unused Obligation Authority.--
Notwithstanding subsection (b), the Secretary shall, after
August 1 of each fiscal year--
(1) revise a distribution of the obligation authority 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 MAP-21 (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),
obligation limitations imposed by subsection (a) shall apply
to contract authority for transportation research programs
carried out under chapter 5 of title 23, United States Code.
(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 authority under subsection (b) for
each fiscal year, 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 the 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 the fiscal year because of the
imposition of any obligation limitation for the 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.
At the end of division C, add the following:

SEC. 3____. OBLIGATION LIMITATION.

Section 5338 of title 49, United States Code (as amended by
section 30017), is amended by adding at the end the
following:
``(f) Obligation Limitation.--Notwithstanding subsection
(a) or any other provision of law, for each fiscal year, the
total of all obligations from amounts made available from the
Mass Transit Account of the Highway Trust Fund by subsection
(a) and any other provision of law shall not exceed the net
mass transit receipts most recently estimated for that fiscal
year by the Secretary of the Treasury under section
9503(e)(4) of the Internal Revenue Code of 1986.''.
______