[Congressional Record Volume 167, Number 139 (Wednesday, August 4, 2021)]
[Senate]
[Page S5866]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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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