S.Amdt. 2235

SA 2235. Mr. KELLY (for himself, Mr. Cruz, Mr. Burr, Mr.
Hickenlooper, and Ms. Cortez Masto) 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:

At the end of subtitle E of title I of division A, add the
following:

SEC. 115__. HIGHWAY FORMULA MODERNIZATION STUDY.

(a) In General.--The Secretary, in consultation with the
State departments of transportation and representatives of
local governments (including metropolitan planning
organizations), shall conduct a highway formula modernization
study to assess the method and data used to apportion
Federal-aid highway funds under subsections (b) and (c) of
section 104 of title 23, United States Code, and issue
recommendations relating to that method and data.
(b) Assessment.--The highway formula modernization study
required under subsection (a) shall include an assessment of,
based on the latest available data, whether the apportionment
method described in that subsection results in--
(1) an equitable distribution of funds based on the
estimated tax payments attributable to--
(A) highway users in the State that are paid into the
Highway Trust Fund; and
(B) individuals in the State that are paid to the Treasury,
based on contributions to the Highway Trust Fund from the
general fund of the Treasury; and
(2) the achievement of the goals described in section
101(b)(3) of title 23, United States Code.
(c) Considerations.--In the assessment under subsection
(b), the Secretary shall consider the following:
(1) The factors described in sections 104(b), 104(f)(2),
104(h)(2), 130(f), and 144(e) of title 23, United States
Code, as in effect on the date of enactment of SAFETEA-LU
(Public Law 109-59; 119 Stat. 1144).
(2) The availability and accuracy of data necessary to
calculate formula apportionments under the factors described
in paragraph (1).
(3) The measures established under section 150 of title 23,
United States Code, and whether those measures are
appropriate for consideration as formula apportionment
factors.
(4) Any other factors that the Secretary determines are
appropriate.
(d) Recommendations.--The Secretary, in consultation with
the State departments of transportation and representatives
of local governments (including metropolitan planning
organizations), shall develop recommendations on a new
apportionment method, including--
(1) the factors recommended to be included in the new
apportionment method;
(2) the weighting recommended to be applied to the factors
recommended under paragraph (1); and
(3) any other recommendations to ensure that the new
apportionment method best achieves an equitable distribution
of funds described under subsection (b)(1) and the goals
described in subsection (b)(2).
______