II 

114TH CONGRESS 

1ST SESSION S. 2103 

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 

SEPTEMBER 30, 2015 

Mr. DONNELLY (for himself and Mr. FLAKE) 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(c) of title 23, United States Code, is 

6 amended by adding at the end the following: 

7 ‘‘(3) FOR FISCAL YEAR 2016 AND FISCAL YEARS

8 THEREAFTER.— 


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1 ‘‘(A) STATE SHARE.—For fiscal year 2016 

2 and each fiscal year thereafter, the amount for 

3 each State of combined apportionments for the 

4 national highway performance program under 

5 section 119, the surface transportation program 

6 under section 133, the highway safety improve7 ment program under section 148, the conges8 tion mitigation and air quality improvement 

9 program under section 149, and to carry out 

10 section 134 shall be determined as follows: 

11 ‘‘(i) INITIAL AMOUNT.—The initial 

12 amount for each State shall be determined 

13 by multiplying the total amount available 

14 for apportionment by the share for each 

15 State, which shall be equal to the propor16 tion that— 

17 ‘‘(I) the amount of apportion18 ments that the State received for fis19 cal year 2012; bears to 

20 ‘‘(II) the amount of those appor21 tionments received by all States for 

22 that fiscal year. 

23 ‘‘(ii) ADJUSTMENTS TO AMOUNTS.— 

24 ‘‘(I) IN GENERAL.—The initial 

25 amounts resulting from the calculaVerDate Sep 11 2014 03:50 Oct 02, 2015 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2103.IS S2103

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1 tion under clause (i) shall be adjusted 

2 to ensure that, for each State, the 

3 amount of combined apportionments 

4 for the programs shall not be less 

5 than an amount equal to— 

6 ‘‘(aa) 95 percent of the ap7 plicable percentage; multiplied by 

8 ‘‘(bb) the total amount of 

9 funds available for apportion10 ment. 

11 ‘‘(II) APPLICABLE PERCENT12 AGE.—For purposes of this clause, the 

13 applicable percentage shall be an 

14 amount, expressed as a percentage, 

15 equal to the quotient of— 

16 ‘‘(aa) the estimated tax pay17 ments attributable to highway 

18 users in the State that were paid 

19 into the Highway Trust Fund 

20 (other than the Mass Transit Ac21 count) for the most recent fiscal 

22 year for which data are available; 

23 divided by 

24 ‘‘(bb) the estimated total tax 

25 payments attributable to users in 


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1 all States that were paid into the 

2 Highway Trust Fund (other than 

3 the Mass Transit Account) for 

4 that fiscal year. 

5 ‘‘(B) STATE APPORTIONMENT.—On Octo6 ber 1 of each fiscal year described in subpara7 graph (A), the Secretary shall apportion the 

8 sum authorized to be appropriated for expendi9 ture on the national highway performance pro10 gram under section 119, the surface transpor11 tation program under section 133, the highway 

12 safety improvement program under section 148, 

13 the congestion mitigation and air quality im14 provement program under section 149, and to 

15 carry out section 134 in accordance with sub16 paragraph (A).’’. 

Æ 


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