,i  #aafth ,,congress  #b;d ,session    
,h4 ,r4 #fhdb  ,,in ,,the ,,house ,,of  
,,representatives  ,may #ab1 #bjbj,ms4  
,titus introduced the following bill2   
which was referred to the ,committee on 
,transportation and ,infrastructure  ,a 
,,bill  ,to amend title #bc1 ,united    
,states ,code1 to modify the            
apportionment formula for the congestion
 mitigation and air quality improvement 
program1 and for other purposes4  #a4   
,short title ,this ,act may be cited as 
the ,congestion ,mitigation and ,air    
,quality ,improvement ,modernization    
,act4  #b4 ,apportionment ,section      
#ajd7;b77#d7 of title #bc1 ,united      
,states ,code1 is amended to read as    
follows3  7#d7 ,congestion mitigation   
and air quality improvement program     
7,a7 ,calculation ,for the congestion   
mitigation and air quality improvement  
program1 an amount determined by        
multiplying the amount of the base      
apportionment remaining for the ,state  
under subsection 7c7 after making the   

set aside in accordance with paragraph  
7#e7 by the proportion that-- 7i7 the   
total of all weighted county populations
 with monitored pollutant concentrations
 above national ambient air quality     
standards in the ,state2 bears to  7ii7 
the total of all weighted county        
populations with monitored pollutant    
concentrations above national ambient   
air quality standards in all ,states4   
7,b7 ,calculation of weighted           
populations with monitored pollution    
concentrations above national ambient   
air quality standards ,subject to       
subparagraphs 7,c71 7,d71 and 7,e71 for 
the purpose of subparagraph 7,a71 the   
weighted population in counties with    
pollution concentrations above national 
ambient air quality standards shall be  
calculated by multiplying the population
 of each county by a factor determined  
from the ratio of design values to      
national ambient air quality standards4 
7,c7 ,design values of ozone  7i7 ,in   
general ,in making the calculation under

 subparagraph 7,b71 for counties with   
design values of ozone greater than the 
national ambient air quality standard1  
the population of a monitored county is 
multiplied by a factor of-- 7,i7 the    
average of #bjac-bjae and #bjaf-bjah    
design values1 provided by the          
,environmental ,protection ,agency      
,administrator2 bears to  7,,ii7 the    
primary national ambient air quality    
standard for ozone established by the   
,administrator under #aji7;b7 of the    
,clean ,air ,act 7#db ,u4,s4,c4         
#gdji7;b774  7ii7 ,special rule ,if the 
average of design values from #bjac-bjae
 and #bjaf-bjah is not greater than the 
primary national ambient air quality    
standard for ozone1 a weighting factor  
of zero is applied4  7iii7 ,maximum     
factor ,notwithstanding clauses 7i7 and 
7ii71 the maximum factor to be applied  
for ozone shall not exceed #a4d4  7,d7  
,design values of fine particulate      
matter  7i7 ,in general ,for counties   
with design values of fine particulate  

matter greater than the national ambient
 air quality standards1 the population  
of a monitored county is multiplied by  
the greater factor of-- 7,i7 the average
 of the #bjac-bjae and #bjaf-bjah design
 values for annual concentrations of    
fine particulate matter1 provided by the
 ,environmental ,protection ,agency     
,administrator2 bears to  7,,ii7 the    
primary national ambient air quality    
standard for fine particulate matter for
 annual concentrations established by   
the ,administrator under #aji7;b7 of the
 ,clean ,air ,act 7#db ,u4,s4,c4        
#gdji7;b772 or  7,,iii7 the average of  
the #bjac-bjae and #bjaf-bjah design    
values for #bd-;hour averaging time of  
fine particulate matter1 provided by the
 ,environmental ,protection ,agency     
,administrator2 bears to  7,,iv7 the    
primary national ambient air quality    
standard for fine particulate matter for
 #bd-;hour averaging time established by
 the ,administrator under #aji7;b7 of   
the ,clean ,air ,act 7#db ,u4,s4,c4     

#gdji7;b774  7ii7 ,special rule ,if the 
average of design values from #bjac-bjae
 and #bjaf-bjah are not greater than the
 primary national ambient air quality   
standards for particulate matter1 a     
weighting factor of zero is applied4    
7iii7 ,maximum factor ,notwithstanding  
clause 7i71 the maximum factor to be    
applied for fine particulate matter     
shall not exceed #a4d4  7,e7 ,design    
values of both ozone and particulate    
matter ,notwithstanding subparagraphs   
7,b7 through 7,d71 for counties with    
design values greater than the national 
ambient air quality standards for both  
ozone and particulate matter1 a new     
factor1 determined by multiplying the   
factors determined in subparagraphs 7,c7
 and 7,d71 is applied to county         
populations in place of the individual  
factors determined in subparagraphs 7,c7
 and 7,d74  7,f7 ,minimum apportionment 
,notwithstanding any other provision of 
this paragraph1 the minimum             
apportionment for a ,state under this   

paragraph shall be one half of #a       
percent of the funds apportioned under  
this paragraph4  7,g7 ,maximum          
apportionment ,notwithstanding any other
 provision of this paragraph1 the       
maximum apportionment for a ,state under
 this paragraph shall be #be percent of 
the funds apportioned under this        
paragraph4  7,h7 ,determinations of     
population ,in determining county       
population for purposes of this         
paragraph1 the ,secretary shall use the 
latest available annual estimates       
prepared by the ,secretary of ,commerce4
  4  #c4 ,congestion mitigation and air 
quality improvement program ,section    
#adi of title #bc1 ,united ,states      
,code1 is amended-- 7#a7 in subsection  
7b7-- 7,a7 by striking 1 carbon         
monoxide12  7,b7 by striking #ahf7;a712 
7,c7 by striking #geab7;a712  7,d7 in   
paragraph 7#h77;,b7 by striking 2 or and
 inserting a semicolon2  7,e7 in        
paragraph 7#i7 by striking the period at
 the end and inserting 2 or2 and  7,f7  

by adding at the end the following3     
7#aj7 other projects1 if determined by  
the ,secretary1 to be more              
cost-effective than projects described  
in paragraphs 7#a7 through 7#i74  2     
7#b7 in subsection 7c7 by striking      
carbon monoxide1 or both1 and for2 and  
7#c7 by amending subsection 7d7 to read 
as follows3  7d7 ,states flexibility ,if
 a ,state does not have1 and never has  
had1 a nonattainment area designated    
under the ,clean ,air ,act 7#db         
,u4,s4,c4 #gdja et seq471 the ,state may
 use funds apportioned to the ,state    
under section #ajd7;b77#d7 for any      
project in the ,state that-- 7#a7 would 
otherwise be eligible under subsection  
7b7 as if the project were carried out  
in a nonattainment or maintenance area2 
or  7#b7 is eligible under the surface  
transportation block grant program under
 section #acc4  4