[Congressional Record Volume 167, Number 137 (Monday, August 2, 2021)]
[Senate]
[Page S5631]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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).
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