II 

109TH CONGRESS 

1ST SESSION S. 762 

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 

APRIL 12, 2005 

Mr. VOINOVICH (for himself, Mr. LEVIN, Mr. DEWINE, Ms. STABENOW, Mr. 

CORNYN, Mr. ALEXANDER, Mr. DEMINT, Mrs. DOLE, Mr. VITTER, Mr. 

MARTINEZ, Mr. ISAKSON, Mr. NELSON of Florida, Mr. LUGAR, Mr. 

BURR, Mr. COCHRAN, Mr. LOTT, Mrs. HUTCHISON, Mr. CHAMBLISS, Mr. 

BAYH, Mr. ALLEN, and Ms. LANDRIEU) introduced the following bill; 

which was read twice and referred to the Committee on Environment and 

Public Works 

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Highway Funding Eq5 uity Act of 2005’’. 
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1 SEC. 2. MINIMUM GUARANTEE. 

2 Section 105 of title 23, United States Code, is 

3 amended— 

4 (1) by striking subsection (a) and subsections 

5 (c) through (f); 

6 (2) by redesignating subsection (b) as sub7 section (e); 

8 (3) by inserting after the section heading the 

9 following: 

10 ‘‘(a) GUARANTEE.— 

11 ‘‘(1) IN GENERAL.—For each of fiscal years 

12 2005 through 2009, the Secretary shall allocate 

13 among the States amounts sufficient to ensure that 

14 the percentage for each State of the total apportion15 ments for the fiscal year for the National Highway 

16 System under section 103(b), the high priority 

17 projects program under section 117, the Interstate 

18 maintenance program under section 119, the surface 

19 transportation program under section 133, metro20 politan planning under section 134, the highway 

21 bridge replacement and rehabilitation program under 

22 section 144, the congestion mitigation and air qual23 ity improvement program under section 149, the rec24 reational trails program under section 206, the Ap25 palachian development highway system under sub26 title IV of title 40, and the minimum guarantee 
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1 under this paragraph, equals or exceeds the percent2 age determined for the State under paragraph (2). 

3 ‘‘(2) STATE PERCENTAGES.— 

4 ‘‘(A) IN GENERAL.—Except as provided in 

5 subparagraph (B), the percentage for each 

6 State referred to in paragraph (1) is the per7 centage that is equal to 95 percent of the ratio 

8 that— 

9 ‘‘(i) the estimated tax payments at10 tributable to highway users in the State 

11 paid into the Highway Trust Fund (other 

12 than the Mass Transit Account) in the 

13 most recent fiscal year for which data are 

14 available; bears to 

15 ‘‘(ii) the estimated tax payments at16 tributable to highway users in all States 

17 paid into the Highway Trust Fund (other 

18 than the Mass Transit Account) in the 

19 most recent fiscal year for which data are 

20 available. 

21 ‘‘(B) EXCEPTION.—In the case of a State 

22 having a population density of less than 50 in23 dividuals per square mile according to the 2000 

24 decennial census, the percentage referred to in 

25 paragraph (1) shall be the greater of— 
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1 ‘‘(i) the percentage determined under 

2 subparagraph (A); or 

3 ‘‘(ii) the percentage specified in sub4 section (e). 

5 ‘‘(b) TREATMENT OF FUNDS.— 

6 ‘‘(1) PROGRAMMATIC DISTRIBUTION.—The Sec7 retary shall apportion the amounts made available 

8 under this section that exceed $2,800,000,000 so 

9 that the amount apportioned to each State under 

10 this paragraph for each program referred to in sub11 section (a)(1) (other than the high priority projects 

12 program, metropolitan planning, the recreational 

13 trails program, the Appalachian development high14 way system, and the minimum guarantee under sub15 section (a)) is equal to the product obtained by mul16 tiplying— 

17 ‘‘(A) the amount to be apportioned under 

18 this paragraph; and 

19 ‘‘(B) the ratio that— 

20 ‘‘(i) the amount of funds apportioned 

21 to the State for each program referred to 

22 in subsection (a)(1) (other than the high 

23 priority projects program, metropolitan 

24 planning, the recreational trails program, 

25 the Appalachian development highway sys-
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1 tem, and the minimum guarantee under 

2 subsection (a)) for a fiscal year; bears to 

3 ‘‘(ii) the total amount of funds appor4 tioned to the State for that program for 

5 the fiscal year. 

6 ‘‘(2) REMAINING DISTRIBUTION.— 

7 ‘‘(A) IN GENERAL.—Subject to subpara8 graph (B), the Secretary shall apportion the re9 mainder of funds made available under this sec10 tion to the States, and administer those funds, 

11 in accordance with section 104(b)(3). 

12 ‘‘(B) INAPPLICABLE REQUIREMENTS.—

13 Paragraphs (1), (2), and (3) of section 133(d) 

14 shall not apply to amounts apportioned in ac15 cordance with this paragraph. 

16 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

17 are authorized to be appropriated out of the Highway 

18 Trust Fund (other than the Mass Transit Account) such 

19 sums as are necessary to carry out this section for each 

20 of fiscal years 2005 through 2009. 

21 ‘‘(d) GUARANTEE OF 95 PERCENT RETURN.— 

22 ‘‘(1) IN GENERAL.—For each of fiscal years 

23 2005 through 2009, before making any apportion24 ment under this title, the Secretary shall— 
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1 ‘‘(A) determine whether the sum of the 

2 percentages determined under subsection (a)(2) 

3 for the fiscal year exceeds 100 percent; and 

4 ‘‘(B) if the sum of the percentages exceeds 

5 100 percent, proportionately adjust the percent6 ages specified in the table contained in sub7 section (e) to ensure that the sum of the per8 centages determined under subsection (a)(1)(B) 

9 for the fiscal year equals 100 percent. 

10 ‘‘(2) ELIGIBILITY THRESHOLD FOR ADJUST11 MENT.—The Secretary may make an adjustment 

12 under paragraph (1) for a State for a fiscal year 

13 only if the percentage for the State in the table con14 tained in subsection (e) is equal to or exceeds 95 

15 percent of the ratio determined for the State under 

16 subsection (a)(1)(B)(i) for the fiscal year. 

17 ‘‘(3) LIMITATION ON ADJUSTMENTS.—Adjust18 ments of the percentages in the table contained in 

19 subsection (e) in accordance with this subsection 

20 shall not result in a total of the percentages deter21 mined under subsection (a)(2) that exceeds 100 per22 cent.’’; and 
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1 (4) in subsection (e) (as redesignated by para2 graph (2)), by striking ‘‘subsection (a)’’ and insert3 ing ‘‘subsections (a)(2)(B)(ii) and (d)’’.

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