II 

117TH CONGRESS 

1ST SESSION S. 706 

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 

MARCH 11, 2021 

Mr. CRUZ (for himself, Mr. CORNYN, 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. SHORT TITLE. 

4 This Act may be cited as the ‘‘Highway Formula 

5 Fairness Act’’. 


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•S 706 IS

1 SEC. 2. ADJUSTMENTS TO CERTAIN STATE APPORTION2 MENT AMOUNTS. 

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

4 amended by striking subsection (c) and inserting the fol5 lowing: 

6 ‘‘(c) CALCULATION OF AMOUNTS.— 

7 ‘‘(1) STATE SHARE.—For fiscal year 2022 and 

8 each fiscal year thereafter, the amount for each 

9 State of combined apportionments for the national 

10 highway performance program under section 119, 

11 the surface transportation block grant program 

12 under section 133, the highway safety improvement 

13 program under section 148, the congestion mitiga14 tion and air quality improvement program under 

15 section 149, the national highway freight program 

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

17 be determined as follows: 

18 ‘‘(A) INITIAL AMOUNT.—The initial 

19 amount for each State shall be determined by 

20 multiplying the total amount available for ap21 portionment by the share for each State, which 

22 shall be equal to the proportion that— 

23 ‘‘(i) the amount of apportionments 

24 that the State received for fiscal year 

25 2012; bears to 


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1 ‘‘(ii) the amount of those apportion2 ments received by all States for that fiscal 

3 year. 

4 ‘‘(B) ADJUSTMENTS TO AMOUNTS.— 

5 ‘‘(i) IN GENERAL.—The initial 

6 amounts resulting from the calculation 

7 under subparagraph (A) shall be adjusted 

8 to ensure that, for each State, the amount 

9 of combined apportionments for the pro10 grams shall not be less than an amount 

11 equal to— 

12 ‘‘(I) 95 percent of the applicable 

13 percentage; multiplied by 

14 ‘‘(II) the total amount of funds 

15 available for apportionment. 

16 ‘‘(ii) APPLICABLE PERCENTAGE.—For 

17 purposes of this subparagraph, the applica18 ble percentage shall be an amount, ex19 pressed as a percentage, equal to the 

20 quotient of— 

21 ‘‘(I) the estimated tax payments 

22 attributable to highway users in the 

23 State that were paid into the Highway 

24 Trust Fund (other than the Mass 

25 Transit Account) for the most recent 


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1 fiscal year for which data are avail2 able; divided by 

3 ‘‘(II) the estimated total tax pay4 ments attributable to users in all 

5 States that were paid into the High6 way Trust Fund (other than the Mass 

7 Transit Account) for that fiscal year. 

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

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

10 Secretary shall apportion the sum authorized to be 

11 appropriated for expenditure on the national high12 way performance program under section 119, the 

13 surface transportation block grant program under 

14 section 133, the highway safety improvement pro15 gram under section 148, the congestion mitigation 

16 and air quality improvement program under section 

17 149, the national highway freight program under 

18 section 167, and to carry out section 134 in accord19 ance with paragraph (1).’’. 

Æ 


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