Accountability and Flexibility Associated With Spending on Transportation Act of 2005 - Amends the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) to allow a state to use its specified transportation improvement program (TIP) project allocation for any other eligible transportation project the state may designate.
Expresses the sense of Congress that state departments of transportation should take project descriptions in certain set-aside bridge program projects and specified TIP projects under SAFETEA-LU into consideration if such projects involve improving transportation safety.
Rescinds for FY2006 a specified amount of state unobligated balances of funds for the Interstate maintenance, national highway system, bridge, congestion mitigation and air quality improvement, surface transportation (other than the STP set-aside programs), metropolitan planning, minimum guarantee, Appalachian development highway system, recreational trails, safe routes to school, freight intermodal connectors, coordinated border infrastructure, high risk rural road, high priority projects, and TIPs and each of the STP set-aside programs. Rescinds 10% of amounts appropriated for FY2007-FY2009 by SAFETEA-LU (including the equity bonus program), but excluding amounts appropriated for the highway safety improvement program.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4071 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 4071
To amend Public Law 109-59 to provide additional transportation
flexibility and to rescind certain amounts of Federal funding.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 18, 2005
Mr. Flake introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To amend Public Law 109-59 to provide additional transportation
flexibility and to rescind certain amounts of Federal funding.
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 ``Accountability and Flexibility
Associated With Spending on Transportation Act of 2005''.
SEC. 2. TRANSPORTATION FUNDING FLEXIBILITY.
(a) Highway Bridge Program.--Section 144(g)(1) of title 23, United
States Code, is amended by adding at the end the following:
``(D) Funding Flexibility.--If a State is provided
funds under subparagraph (A) for a project described in
subparagraph (A), the State may use all or any portion
of such funds to carry out such project or any other
project eligible for assistance under this section that
the State designates.''.
(b) Projects of National and Regional Significance.--Section 1301
of the Safe, Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for Users (Public Law 109-59) is amended by adding at the
end the following:
``(n) Funding Flexibility.--If a State is provided funds under this
section for a project described in the table contained in subsection
(m), the State may use all or any portion of such funds to carry out
such project or any other project eligible for assistance under this
section that the State designates.''.
(c) National Corridor Infrastructure Improvement Program.--Section
1302 such Act is amended by adding at the end the following:
``(f) Funding Flexibility.--If a State is provided funds under this
section for a project described in the table contained in subsection
(e), the State may use all or any portion of such funds to carry out
such project or any other project eligible for assistance under this
section that the State designates.''.
(d) High Priority Projects Program.--Section 117 of title 23,
United States Code, is amended by adding at the end the following:
``(i) Funding Flexibility.--If a State is provided funds under this
section for a project described in the table contained in section 1702
of the Safe, Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for Users (Public Law 109-59), the State may use all or
any portion of such funds to carry out such project or any other
project eligible for assistance under the surface transportation
program in section 133 that the State designates.''.
(e) Transportation Improvements.--Section 1934 of such Act is
amended by adding at the end the following:
``(d) Funding Flexibility.--If a State is provided funds under this
section for a project described in the table contained in subsection
(c), the State may use all or any portion of such funds to carry out
such project or any other project eligible for assistance under the
surface transportation program in section 133 of title 23, United
States Code, that the State designates.''.
(f) Projects for Bus and Bus-Related Facilities and Clean Funds
Grant Program.--Section 3044 of such Act is amended by adding at the
end the following:
``(d) Funding Flexibility.--If a recipient is provided funds under
this section or section 5308 of title 49, United States Code, or both,
for a project described in the table contained in subsection (a), the
recipient may use all or any portion of such funds to carry out such
project or any other project eligible for assistance under this section
or section 5308 of such title, other than a project to fund any
operations of buses or bus-related facilities.''.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that State departments of
transportation should take project descriptions in section 144(g)(1)(A)
of title 23, United States Code, and in the tables contained in
sections 1301, 1302, 1702, 1934, and 3044 of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for Users
(Public Law 109-59) into consideration if such projects involve
improving transportation safety.
SEC. 4. ACROSS-THE-BOARD RESCISSIONS.
(a) Fiscal Year 2006.--
(1) In general.--On September 30, 2006, there is rescinded
$4,718,047,269 of the unobligated balances of funds apportioned
before such date to the States for the Interstate maintenance,
national highway system, bridge, congestion mitigation and air
quality improvement, surface transportation (other than the STP
set-aside programs), metropolitan planning, minimum guarantee,
Appalachian development highway system, recreational trails,
safe routes to school, freight intermodal connectors,
coordinated border infrastructure, high risk rural road, high
priority projects, and transportation improvements programs and
each of the STP set-aside programs.
(2) Allocation among states.--The Secretary shall determine
each State's share of the amount to be rescinded by paragraph
(1) by multiplying $4,718,047,269 by the ratio of the aggregate
amount apportioned to such State for fiscal year 2006 for all
the programs referred to in paragraph (1) to the aggregate
amount apportioned to all States for such fiscal year for those
programs.
(3) Calculations.--To determine the allocation of the
amount to be rescinded for a State under paragraph (2) among
the programs referred to in paragraph (1), the Secretary of
Transportation shall make the following calculations:
(A) The Secretary shall multiply such amount to be
rescinded by the ratio that the aggregate amount of
unobligated funds available to the State on September
30, 2006, for each such program bears to the aggregate
amount of unobligated funds available to the State on
September 30, 2006, for all such programs.
(B) The Secretary shall multiply such amount to be
rescinded by the ratio that the aggregate of the amount
apportioned to the State for each such program for
fiscal year 2006 bears to the aggregate amount
apportioned to the State for all such programs for
fiscal year 2006.
(4) Allocation among programs.--
(A) In general.--The Secretary, in consultation
with the State, shall rescind for the State from each
program referred to in paragraph (1) the amount
determined for the program under paragraph (3)(A).
(B) Special rule.--
(i) Restoration of funds for covered
programs.--If the rescission calculated under
paragraph (3)(A) for a covered program exceeds
the amount calculated for the covered program
under paragraph (3)(B), the State shall
immediately restore to the apportionment
account for the covered program from the
unobligated balances of programs referred to in
paragraph (1) (other than covered programs) the
amount of funds required so that the net
rescission from the covered program does not
exceed the amount calculated for the covered
program under paragraph (3)(B).
(ii) Treatment of restored funds.--Any
funds restored under clause (i) shall be deemed
to be the funds that were rescinded for the
purposes of obligation.
(C) Covered program defined.--In subparagraph (B),
the term ``covered program'' means a program authorized
under sections 130 and 152 of title 23, United States
Code, paragraph (2) or (3) of section 133(d) of that
title, section 144 of that title, section 149 of that
title, or section 1404 of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy
for Users (Public Law 109-59).
(5) Limitation on recalculation of equity bonus program.--
Notwithstanding any other provision of law, the amounts
determined, and the amounts allocated, under section 105 of
title 23, United States Code, for fiscal year 2006 shall not be
recalculated to take into account a rescission made pursuant to
this subsection.
(6) STP set-aside program defined.--In this subsection, the
term ``STP set-aside program'' means the amount set aside under
section 133(d) of title 23, United States Code, for each of
transportation enhancement activities and the division between
urbanized areas of over 200,000 population and other areas.
(b) Fiscal Year 2007, 2008, and 2009.--
(1) In general.--Subject to paragraph (2), there is
rescinded 10 percent of each amount authorized to be
appropriated for each of fiscal years 2007, 2008, and 2009 by
the Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users (Public Law 109-59), including
any amendment made by such Act, and including any amount
authorized to be appropriated for the equity bonus program
under section 105 of title 23, United States Code, but
excluding any amount authorized to be appropriated for the
highway safety improvement program.
(2) Timing.--A rescission made by paragraph (1) of an
amount authorized to be appropriated for a fiscal year shall
take affect on October 1 of such fiscal year before any
apportionment or allocation of such amount and before such
amount is subject to any set aside or subtraction.
(3) Limitation on recalculation of equity bonus program.--
Notwithstanding any other provision of law, the amounts
determined, and the amounts allocated, under section 105 of
title 23, United States Code, for a fiscal year shall not be
recalculated to take into account a rescission made by this
subsection.
(c) September 30, 2009.--Section 10212 of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for Users
(Public Law 109-59) is amended in subsection (a) by inserting after
``high risk rural road,'' the following: ``high priority projects,
transportation improvements,''.
(d) Reports.--Not later than the 60th day following the date of
each rescission made by subsection (a) or (b), the Secretary of
Transportation, in consultation with the Director of the Office of
Management and Budget shall submit to the appropriate committees of
Congress a report containing the amount rescinded for each program
referred to in subsection (a) and the amount rescinded for each program
or activity for which there is a rescission made by subsection (b).
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Transportation and Infrastructure.
Referred to the Subcommittee on Highways, Transit and Pipelines.
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