II

104TH CONGRESS

2D SESSION S. 2022

To amend title 23, United States Code, to modify the minimum allocation

formula under the Federal-aid highway program, to provide reimbursement to each State with respect to which the highway users in the

State paid into the Highway Trust Fund an amount in excess of the

amount received by the State from the Highway Trust Fund, and for

other purposes.

IN THE SENATE OF THE UNITED STATES

AUGUST 2, 1996

Mr. THURMOND (for himself, Mr. FAIRCLOTH, Mr. HOLLINGS, Mr. COATS,

and Mr. HELMS) introduced the following bill; which was read twice and

referred to the Committee on Environment and Public Works

A BILL

To amend title 23, United States Code, to modify the minimum allocation formula under the Federal-aid highway

program, to provide reimbursement to each State with

respect to which the highway users in the State paid

into the Highway Trust Fund an amount in excess of

the amount received by the State from the Highway

Trust Fund, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•S 2022 IS

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Surface Transpor3 tation Equity Act of 1996’’.

4 SEC. 2. MINIMUM ALLOCATION.

5 (a) FISCAL YEAR 1998 AND THEREAFTER.—Section

6 157(a) of title 23, United States Code, is amended by add7 ing at the end the following:

8 ‘‘(5) FISCAL YEAR 1998 AND THEREAFTER.—In

9 fiscal year 1998 and each fiscal year thereafter, on

10 October 1, or as soon as possible thereafter, the Sec11 retary, after making the allocations described in sec12 tion 3 of the Surface Transportation Equity Act of

13 1996, shall allocate among the States amounts suffi14 cient to ensure that a State’s percentage of the total

15 apportionments in each fiscal year and allocations

16 for the prior fiscal year from funds made available

17 out of the Highway Trust Fund is not less than 100

18 percent of the percentage of estimated tax payments

19 attributable to highway users in the State paid into

20 the Highway Trust Fund in the latest fiscal year for

21 which data are available.’’.

22 (b) CONFORMING AMENDMENT.—Section 157(a)(4)

23 of title 23, United States Code, is amended by striking

24 the paragraph designation and all that follows before ‘‘on

25 October 1’’ and inserting the following:
3

•S 2022 IS

1 ‘‘(4) FISCAL YEARS 1992–1997.—In each of fis2 cal years 1992 through 1997,’’.

3 SEC. 3. DONOR STATE REIMBURSEMENT.

4 (a) ALLOCATION.—Over the period consisting of fis5 cal years 1998 through 2002, the Secretary of Transpor6 tation shall proportionally allocate to each eligible State

7 described in subsection (b) the total amount of the excess

8 described in subsection (b).

9 (b) ELIGIBLE STATES.—For the purpose of this sec10 tion, an eligible State is a State with respect to which the

11 highway users in the State paid into the Highway Trust

12 Fund, during the period consisting of July 1, 1957,

13 through the end of the latest fiscal year for which data

14 are available, an amount in excess of the amount received

15 by the State from the Highway Trust Fund during that

16 period.

17 (c) FORMULA.—For each fiscal year, the Secretary

18 of Transportation shall allocate the amounts made avail19 able under subsection (a) for the fiscal year in such a way

20 as to bring each successive eligible State, or eligible States,

21 with the lowest dollar return on dollar paid into the High22 way Trust Fund during the period described in subsection

23 (b) up to the highest common return on dollar paid that

24 can be funded with the amounts made available under sub25 section (a).
4

•S 2022 IS

1 (d) APPLICABILITY OF CHAPTER 1 OF TITLE 23.—

2 Funds allocated under this section shall be available for

3 obligation in the same manner and for the same purposes

4 as if the funds were apportioned for the surface transpor5 tation program under chapter 1 of title 23, United States

6 Code, except that the funds shall remain available until

7 expended.

8 (e) ADMINISTRATIVE EXPENSES.—

9 (1) DEDUCTION.—For each fiscal year, prior to

10 making allocations under this section, the Secretary

11 of Transportation shall deduct such amount, not to

exceed 33 12 ⁄4 percent of the amount made available

13 under subsection (f) for the fiscal year, as the Sec14 retary determines is necessary to pay the adminis15 trative expenses of carrying out this section.

16 Amounts so deducted shall remain available until ex17 pended.

18 (2) CONSIDERATION OF PRIOR DEDUCTIONS.—

19 In determining each amount to be deducted under

20 paragraph (1), the Secretary of Transportation shall

21 take into consideration the unexpended balance of

22 any amounts deducted for prior fiscal years under

23 paragraph (1).

24 (f) AUTHORIZATION OF APPROPRIATIONS.—There

25 are authorized to be appropriated out of the Highway
5

•S 2022 IS

1 Trust Fund such sums as are necessary to carry out this

2 section.

Æ