Sec. 11104. APPORTIONMENT

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## SEC. 11104 APPORTIONMENT ###

(a)Administrative Expenses Section 104(a)(1) of title 23, United States Code, is amended by striking subparagraphs

(A)through

(E)and inserting the following: > > ##### “(A) > > $490,964,697 for fiscal year 2022; > > > ##### “(B) > > $500,783,991 for fiscal year 2023; > > > ##### “(C) > > $510,799,671 for fiscal year 2024; > > > ##### “(D) > > $521,015,664 for fiscal year 2025; and > > > ##### “(E) > > $531,435,977 for fiscal year 2026.” > . ###

(b)Division Among Programs of State Share Section 104(b) of title 23, United States Code, is amended in subsection (b)— ####

(1)in the matter preceding paragraph (1), by inserting “the carbon reduction program under section 175, to carry out subsection

(c)of the PROTECT program under section 176,” before “and to carry out section 134”; ####

(2)in paragraph (1), by striking “63.7 percent” and inserting “59.0771195921461 percent”; ####

(3)in paragraph (2), by striking “29.3 percent” and inserting “28.7402203421251 percent”; ####

(4)in paragraph (3), by striking “7 percent” and inserting “6.70605141316253 percent”; ####

(5)by striking paragraph

(4)and inserting the following: > > #### “(4) Congestion mitigation and air quality improvement program > > > ##### “(A) In general > > For the congestion mitigation and air quality improvement program, an amount determined for the State under subparagraphs

(B)and (C). > > > ##### “(B) Total amount > > The total amount for the congestion mitigation and air quality improvement program for all States shall be— > > > ###### “(i) > > $2,536,490,803 for fiscal year 2022; > > > ###### “(ii) > > $2,587,220,620 for fiscal year 2023; > > > ###### “(iii) > > $2,638,965,032 for fiscal year 2024; > > > ###### “(iv) > > $2,691,744,332 for fiscal year 2025; and > > > ###### “(v) > > $2,745,579,213 for fiscal year 2026. > > > ##### “(C) State share > > For each fiscal year, the Secretary shall distribute among the States the total 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— > > > ###### “(i) > > the amount apportioned to the State for the congestion mitigation and air quality improvement program for fiscal year 2020; bears to > > > ###### “(ii) > > the total amount of funds apportioned to all States for that program for fiscal year 2020.” > ; ####

(6)in paragraph (5)— #####

(A)by striking subparagraph

(B)and inserting the following: > > ##### “(B) Total amount > > The total amount set aside for the national highway freight program for all States shall be— > > > ###### “(i) > > $1,373,932,519 for fiscal year 2022; > > > ###### “(ii) > > $1,401,411,169 for fiscal year 2023; > > > ###### “(iii) > > $1,429,439,392 for fiscal year 2024; > > > ###### “(iv) > > $1,458,028,180 for fiscal year 2025; and > > > ###### “(v) > > $1,487,188,740 for fiscal year 2026.” > ; and #####

(B)by striking subparagraph (D); and ####

(7)by striking paragraph

(6)and inserting the following: > > #### “(6) Metropolitan planning > > > ##### “(A) In general > > To carry out section 134, an amount determined for the State under subparagraphs

(B)and (C). > > > ##### “(B) Total amount > > The total amount for metropolitan planning for all States shall be— > > > ###### “(i) > > $ 438,121,139 for fiscal year 2022; > > > ###### “(ii) > > $446,883,562 for fiscal year 2023; > > > ###### “(iii) > > $455,821,233 for fiscal year 2024; > > > ###### “(iv) > > $464,937,657 for fiscal year 2025; and > > > ###### “(v) > > $474,236,409 for fiscal year 2026. > > > ##### “(C) State share > > For each fiscal year, the Secretary shall distribute among the States the total amount to carry out section 134 under subparagraph

(B)so that each State receives an amount equal to the proportion that— > > > ###### “(i) > > the amount apportioned to the State to carry out section 134 for fiscal year 2020; bears to > > > ###### “(ii) > > the total amount of funds apportioned to all States to carry out section 134 for fiscal year 2020. > > > #### “(7) Carbon reduction program > > For the carbon reduction program under section 175, 2.56266964565637 percent of the amount remaining after distributing amounts under paragraphs (4), (5), and (6). > > > #### “(8) PROTECT formula program > > To carry out subsection

(c)of the PROTECT program under section 176, 2.91393900690991 percent of the amount remaining after distributing amounts under paragraphs (4), (5), and (6).” > . ###

(c)Calculation of Amounts Section 104(c) of title 23, United States Code, is amended— ####

(1)in paragraph (1)— #####

(A)in the matter preceding subparagraph (A), by striking “each of fiscal years 2016 through 2020” and inserting “fiscal year 2022 and each fiscal year thereafter”; #####

(B)in subparagraph (A)— ######

(i)by striking clause

(i)and inserting the following: > > ###### “(i) > > the base apportionment; by” > ; and ######

(ii)in clause (ii)(I), by striking “fiscal year 2015” and inserting “fiscal year 2021”; and #####

(C)by striking subparagraph

(B)and inserting the following: > > ##### “(B) Guaranteed amounts > > The initial amounts resulting from the calculation under subparagraph

(A)shall be adjusted to ensure that each State receives an aggregate apportionment that is— > > > ###### “(i) > > equal to at least 95 percent of the estimated tax payments paid into the Highway Trust Fund (other than the Mass Transit Account) in the most recent fiscal year for which data are available that are— > > > ###### “(I) > > attributable to highway users in the State; and > > > ###### “(II) > > associated with taxes in effect on July 1, 2019, and only up to the rate those taxes were in effect on that date; > > > ###### “(ii) > > at least 2 percent greater than the apportionment that the State received for fiscal year 2021; and > > > ###### “(iii) > > at least 1 percent greater than the apportionment that the State received for the previous fiscal year.” > ; and ####

(2)in paragraph (2)— #####

(A)by striking “fiscal years 2016 through 2020” and inserting “fiscal year 2022 and each fiscal year thereafter”; and #####

(B)by inserting “the carbon reduction program under section 175, to carry out subsection

(c)of the PROTECT program under section 176,” before “and to carry out section 134”. ###

(d)Metropolitan Planning Section 104(d)(1)(A) of title 23, United States Code, is amended by striking “paragraphs (5)(D) and

(6)of subsection (b)” each place it appears and inserting “subsection (b)(6)”. ###

(e)Supplemental Funds Section 104 of title 23, United States Code, is amended by striking subsection (h). ###

(f)Base Apportionment Defined Section 104 of title 23, United States Code, is amended— ####

(1)by redesignating subsection

(i)as subsection (h); and ####

(2)in subsection

(h)(as so redesignated)— #####

(A)by striking “means” in the matter preceding paragraph

(1)and all that follows through “the combined amount” in paragraph

(1)and inserting “means the combined amount”; #####

(B)by striking “and to carry out section 134; minus” and inserting “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.”; and #####

(C)by striking paragraph (2).