II 

115TH CONGRESS 

2D SESSION S. 2403 

To modify a provision relating to adjustments of certain State apportionments 

for Federal highway programs, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 8, 2018 

Mr. DONNELLY (for himself and Mr. BURR) introduced the following bill; 

which was read twice and referred to the Committee on Environment and 

Public Works 

A BILL 

To modify a provision relating to adjustments of certain 

State apportionments for Federal highway programs, 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, 

3 SECTION 1. ADJUSTMENTS TO CERTAIN STATE APPOR4 TIONMENT AMOUNTS. 

5 Section 104 of title 23, United States Code, is 

6 amended by striking subsection (c) and inserting the fol7 lowing: 

8 ‘‘(c) CALCULATION OF AMOUNTS.— 


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•S 2403 IS

1 ‘‘(1) STATE SHARE.—For fiscal year 2019 and 

2 each fiscal year thereafter, the amount for each 

3 State of combined apportionments for the national 

4 highway performance program under section 119, 

5 the surface transportation block grant program 

6 under section 133, the highway safety improvement 

7 program under section 148, the congestion mitiga8 tion and air quality improvement program under 

9 section 149, the national highway freight program 

10 under section 167, and to carry out section 134 shall 

11 be determined as follows: 

12 ‘‘(A) INITIAL AMOUNT.—The initial 

13 amount for each State shall be determined by 

14 multiplying the total amount available for ap15 portionment by the share for each State, which 

16 shall be equal to the proportion that— 

17 ‘‘(i) the amount of apportionments 

18 that the State received for fiscal year 

19 2012; bears to 

20 ‘‘(ii) the amount of those apportion21 ments received by all States for that fiscal 

22 year. 

23 ‘‘(B) ADJUSTMENTS TO AMOUNTS.— 

24 ‘‘(i) IN GENERAL.—The initial 

25 amounts resulting from the calculation 


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1 under subparagraph (A) shall be adjusted 

2 to ensure that, for each State, the amount 

3 of combined apportionments for the pro4 grams shall not be less than an amount 

5 equal to— 

6 ‘‘(I) 95 percent of the applicable 

7 percentage; multiplied by 

8 ‘‘(II) the total amount of funds 

9 available for apportionment. 

10 ‘‘(ii) APPLICABLE PERCENTAGE.—For 

11 purposes of this subparagraph, the applica12 ble percentage shall be an amount, ex13 pressed as a percentage, equal to the 

14 quotient of— 

15 ‘‘(I) the estimated tax payments 

16 attributable to highway users in the 

17 State that were paid into the Highway 

18 Trust Fund (other than the Mass 

19 Transit Account) for the most recent 

20 fiscal year for which data are avail21 able; divided by 

22 ‘‘(II) the estimated total tax pay23 ments attributable to users in all 

24 States that were paid into the HighVerDate Sep 11 2014 03:23 Feb 10, 2018 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2403.IS S2403

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•S 2403 IS

1 way Trust Fund (other than the Mass 

2 Transit Account) for that fiscal year. 

3 ‘‘(2) STATE APPORTIONMENT.—On October 1 

4 of each fiscal year described in paragraph (1), the 

5 Secretary shall apportion the sum authorized to be 

6 appropriated for expenditure on the national high7 way performance program under section 119, the 

8 surface transportation block grant program under 

9 section 133, the highway safety improvement pro10 gram under section 148, the congestion mitigation 

11 and air quality improvement program under section 

12 149, the national highway freight program under 

13 section 167, and to carry out section 134 in accord14 ance with paragraph (1).’’. 

Æ 


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