S.Amdt. 2531

SA 2531. Mr. CRUZ (for himself and Mr. Kelly) 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:

In section 11104, strike subsection (c) and insert the
following:
(c) Adjustments to Certain State Apportionment Amounts.--
Section 104 of title 23, United States Code, is amended by
striking subsection (c) and inserting the following:
``(c) Calculation of Amounts.--
``(1) State share.--For fiscal year 2022 and each fiscal
year thereafter, the amount for each State of combined
apportionments for the national highway performance program
under section 119, the surface transportation block grant
program under section 133, the highway safety improvement
program under section 148, the congestion mitigation and air
quality improvement program under section 149, the national
highway freight program under section 167, the carbon
reduction program under section 175, to carry out subsection
(c) of the PROTECT program under section 176, and to carry
out section 134 shall be determined as follows:
``(A) Initial amount.--The initial amount for each State
shall be determined by multiplying the total amount available
for apportionment by the share for each State, which shall be
equal to the proportion that--
``(i) the amount of apportionments that the State received
for fiscal year 2012; bears to
``(ii) the amount of those apportionments received by all
States for that fiscal year.
``(B) Adjustments to amounts.--
``(i) In general.--The initial amounts resulting from the
calculation under subparagraph (A) shall be adjusted to
ensure that, for each State, the amount of combined
apportionments for the programs shall not be less than an
amount equal to--

``(I) 95 percent of the applicable percentage; multiplied
by
``(II) the total amount of funds available for
apportionment.

``(ii) Applicable percentage.--For purposes of this
subparagraph, the applicable percentage shall be an amount,
expressed as a percentage, equal to the quotient of--

``(I) the estimated tax payments attributable to highway
users in the State that were paid into the Highway Trust Fund
(other than the Mass Transit Account) for the most recent
fiscal year for which data are available; divided by
``(II) the estimated total tax payments attributable to
users in all States that were paid into the Highway Trust
Fund (other than the Mass Transit Account) for that fiscal
year.

``(2) State apportionment.--On October 1 of each fiscal
year described in paragraph (1), the Secretary shall
apportion the sum authorized to be appropriated for
expenditure on the national highway performance program under
section 119, the surface transportation block grant program
under section 133, the highway safety improvement program
under section 148, the congestion mitigation and air quality
improvement program under section 149, the national highway
freight program under section 167, the carbon reduction
program under section 175, to carry out subsection (c) of the
PROTECT program under section 176, and to carry out section
134 in accordance with paragraph (1).''.
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