Highway Funding Equity Act of 2003 - Revises Federal highway funding minimum guarantee provisions. Requires the Secretary of Transportation, for each of FY 2004 through 2009, to allocate among the States amounts sufficient to ensure that the percentage for each State of the total apportionments for the fiscal year for the National Highway System (NHS), the high priority projects program, the Interstate maintenance program, the surface transportation program, metropolitan planning, the highway bridge replacement and rehabilitation program, the congestion mitigation and air quality improvement program, the recreational trails program, the Appalachian development highway system, and the minimum guarantee equals or exceeds 95 percent of the ratio that the estimated tax payments to the Highway Trust Fund (HTF) (other than the Mass Transit Account) attributable to highway users in the State bears to such payments attributable to highway users in all States (with a specified exception for any State having a population density of less than 50 individuals per square mile).
Sets forth provisions regarding: (1) the programmatic distribution of NHS funds exceeding $2.8 billion; (2) the apportionment of the remainder of funds to the States; and (3) required adjustments where the sum of State percentages exceeds 100.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1090 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 1090
To amend title 23, United States Code, to increase the minimum
allocation provided to States for use in carrying out certain highway
programs.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 21, 2003
Mr. Voinovich (for himself, Mr. Levin, Ms. Stabenow, Mr. Bayh, Mr.
Lugar, Mrs. Hutchison, Mr. Cornyn, Mr. Warner, Mr. Chambliss,
Mr. Lott, Mr. Graham of South Carolina, Mr. Nelson of Florida,
Mr. Alexander, Mr. DeWine, Mrs. Dole, Mr. Cochran, Ms.
Landrieu, Mr. Miller, Mr. Hollings, Mr. Breaux, and Mr.
Bunning) introduced the following bill; which was read twice
and referred to the Committee on Environment and Public WorksYY
_______________________________________________________________________
A BILL
To amend title 23, United States Code, to increase the minimum
allocation provided to States for use in carrying out certain highway
programs.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Highway Funding Equity Act of
2003''.
SEC. 2. MINIMUM GUARANTEE.
Section 105 of title 23, United States Code, is amended--
(1) by striking subsection (a) and subsections (c) through
(f);
(2) by redesignating subsection (b) as subsection (e);
(3) by inserting after the section heading the following:
``(a) Guarantee.--
``(1) In general.--For each of fiscal years 2004 through
2009, the Secretary shall allocate among the States amounts
sufficient to ensure that the percentage for each State of the
total apportionments for the fiscal year for the National
Highway System under section 103(b), the high priority projects
program under section 117, the Interstate maintenance program
under section 119, the surface transportation program under
section 133, metropolitan planning under section 134, the
highway bridge replacement and rehabilitation program under
section 144, the congestion mitigation and air quality
improvement program under section 149, the recreational trails
program under section 206, the Appalachian development highway
system under subtitle IV of title 40, and the minimum guarantee
under this paragraph, equals or exceeds the percentage
determined for the State under paragraph (2).
``(2) State percentages.--
``(A) In general.--Except as provided in
subparagraph (B), the percentage for each State
referred to in paragraph (1) is the percentage that is
equal to 95 percent of the ratio that--
``(i) the estimated tax payments
attributable to highway users in the State paid
into the Highway Trust Fund (other than the
Mass Transit Account) in the most recent 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 most recent
fiscal year for which data are available.
``(B) Exception.--In the case of a State having a
population density of less than 50 individuals per
square mile according to the 2000 decennial census, the
percentage referred to in paragraph (1) shall be the
greater of--
``(i) the percentage determined under
subparagraph (A); or
``(ii) the percentage specified in
subsection (e).
``(b) Treatment of Funds.--
``(1) Programmatic distribution.--The Secretary shall
apportion the amounts made available under this section that
exceed $2,800,000,000 so that the amount apportioned to each
State under this paragraph for each program referred to in
subsection (a)(1) (other than the high priority projects
program, metropolitan planning, the recreational trails
program, the Appalachian development highway system, and the
minimum guarantee under subsection (a)) is equal to the product
obtained by multiplying--
``(A) the amount to be apportioned under this
paragraph; and
``(B) the ratio that--
``(i) the amount of funds apportioned to
the State for each program referred to in
subsection (a)(1) (other than the high priority
projects program, metropolitan planning, the
recreational trails program, the Appalachian
development highway system, and the minimum
guarantee under subsection (a)) for a fiscal
year; bears to
``(ii) the total amount of funds
apportioned to the State for that program for
the fiscal year.
``(2) Remaining distribution.--
``(A) In general.--Subject to subparagraph (B), the
Secretary shall apportion the remainder of funds made
available under this section to the States, and
administer those funds, in accordance with section
104(b)(3).
``(B) Inapplicable requirements.--Paragraphs (1),
(2), and (3) of section 133(d) shall not apply to
amounts apportioned in accordance with this paragraph.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account) such sums as are necessary to carry out this section for each
of fiscal years 2004 through 2009.
``(d) Guarantee of 95 Percent Return.--
``(1) In general.--For each of fiscal years 2004 through
2009, before making any apportionment under this title, the
Secretary shall--
``(A) determine whether the sum of the percentages
determined under subsection (a)(2) for the fiscal year
exceeds 100 percent; and
``(B) if the sum of the percentages exceeds 100
percent, proportionately adjust the percentages
specified in the table contained in subsection (e) to
ensure that the sum of the percentages determined under
subsection (a)(1)(B) for the fiscal year equals 100
percent.
``(2) Eligibility threshold for adjustment.--The Secretary
may make an adjustment under paragraph (1) for a State for a
fiscal year only if the percentage for the State in the table
contained in subsection (e) is equal to or exceeds 95 percent
of the ratio determined for the State under subsection
(a)(1)(B)(i) for the fiscal year.
``(3) Limitation on adjustments.--Adjustments of the
percentages in the table contained in subsection (e) in
accordance with this subsection shall not result in a total of
the percentages determined under subsection (a)(2) that exceeds
100 percent.''; and
(4) in subsection (e) (as redesignated by paragraph (2)),
by striking ``subsection (a)'' and inserting ``subsections
(a)(2)(B)(ii) and (d)''.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S6855)
Read twice and referred to the Committee on Environment and Public Works. (text of measure as introduced: CR S6855-6856)
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