Sec. 1104. Apportionment

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Section 104 of title 23, United States Code, is amended— in subsection (a)(1) by striking subparagraphs

(A)through

(E)and inserting the following: $ 506,302,525 for fiscal year 2022; $ 509,708,000 for fiscal year 2023; $ 520,084,000 for fiscal year 2024; and $ 530,459,000 for fiscal year 2025. ; by striking subsections

(b)and

(c)and inserting the following: The Secretary shall distribute the amount apportioned to a State for a fiscal year under subsection

(c)among the covered programs as follows: For the national highway performance program, 55.09 percent of the amount remaining after distributing amounts under paragraphs (4), (6), and (7). For the surface transportation program, 28.43 percent of the amount remaining after distributing amounts under paragraphs (4), (6), and (7). For the highway safety improvement program, 6.19 percent of the amount remaining after distributing amounts under paragraphs (4), (6), and (7). For the congestion mitigation and air quality improvement program, an amount determined for the State under subparagraphs

(B)and (C). The total amount for the congestion mitigation and air quality improvement program for all States shall be— $2,913,925,833 for fiscal year 2022; $2,964,919,535 for fiscal year 2023; $3,024,217,926 for fiscal year 2024; and $3,078,653,849 for fiscal year 2025. For each fiscal year, the Secretary shall distribute among the States the amount for the congestion mitigation and air quality improvement program under subparagraph

(B)so that each State receives an amount equal to the proportion that— the amount apportioned to the State for the congestion mitigation and air quality improvement program for fiscal year 2020; bears to the total amount of funds apportioned to all States for such program for fiscal year 2020. For the national highway freight program, 3.38 percent of the amount remaining after distributing amounts under paragraphs (4), (6), and (7). For metropolitan planning, an amount determined for the State under subparagraphs

(B)and (C). The total amount for metropolitan planning for all States shall be— $507,500,000 for fiscal year 2022; $516,381,250 for fiscal year 2023; $526,708,875 for fiscal year 2024; and $536,189,635 for fiscal year 2025. For each fiscal year, the Secretary shall distribute among the States the amount for metropolitan planning under subparagraph

(B)so that each State receives an amount equal to the proportion that— the amount apportioned to the State for metropolitan planning for fiscal year 2020; bears to the total amount of funds apportioned to all States for metropolitan planning for fiscal year 2020. For the railway crossings program, an amount determined for the State under subparagraphs

(B)and (C). The total amount for the railway crossings program for all States shall be $245,000,000 for each of fiscal years 2022 through 2025. For each fiscal year, the Secretary shall distribute among the States the amount for the railway crossings program under subparagraph

(B)as follows: 50 percent of the amount for a fiscal year shall be apportioned to States by the formula set forth in section 104(b)(3)(A) (as in effect on the day before the date of enactment of MAP–21). 50 percent of the amount for a fiscal year shall be apportioned to States in the ratio that total public railway-highway crossings in each State bears to the total of such crossings in all States. Notwithstanding clause (i), for each fiscal year, each State shall receive a minimum of one-half of 1 percent of the total amount for the railway crossings program for such fiscal year under subparagraph (B). For the predisaster mitigation program, 2.96 percent of the amount remaining after distributing amounts under paragraphs (4), (6), and (7). For the carbon pollution reduction program, 3.95 percent of the amount remaining after distributing amounts under paragraphs (4), (6), and (7). For each of fiscal years 2022 through 2025, the amount for each State shall be determined as follows: The initial amounts for each State shall be determined by multiplying— the combined amount authorized for appropriation for the fiscal year for the covered programs; by the share for each State, which shall be equal to the proportion that— the amount of apportionments that the State received for fiscal year 2020; bears to the amount of those apportionments received by all States for fiscal year 2020. The initial amounts resulting from the calculation under subparagraph

(A)shall be adjusted to ensure that each State receives an aggregate apportionment equal to at least 95 percent of the estimated tax payments attributable to highway users in the State paid into the Highway Trust Fund (other than the Mass Transit Account) in the most recent fiscal year for which data are available. On October 1 of fiscal years 2022 through 2025, the Secretary shall apportion the sums authorized to be appropriated for expenditure on the covered programs in accordance with paragraph (1). ; in subsection (d)(1)(A)— in clause

(i)by striking paragraphs (5)(D) and

(6)of subsection

(b)and inserting subsection (b)(6) ; and in clause

(ii)by striking paragraphs (5)(D) and

(6)of subsection

(b)and inserting subsection (b)(6) ; and by striking subsections

(h)and

(i)and inserting the following: In this section, the term covered programs means— the national highway performance program under section 119; the surface transportation 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; metropolitan planning under section 134; the railway crossings program under section 130; the predisaster mitigation program under section 124; and the carbon pollution reduction program under section 171. . Section 120(c)(3) of title 23, United States Code, is amended— in subparagraph

(A)by striking (5)(D), ; and in subparagraph (C)(i) by striking (5)(D), . Section 134(p) of title 23, United States Code, is amended by striking paragraphs (5)(D) and

(6)of section 104(b) and inserting section 104(b)(6) . Section 135(i) of title 23, United States Code, is amended by striking paragraphs (5)(D) and

(6)of section 104(b) and inserting section 104(b)(6) . Section 5303(p) of title 49, United States Code, is amended by striking section 104(b)(5) and inserting section 104(b)(6) .