II 

118TH CONGRESS 

1ST SESSION S. 352 

To require the Secretary of Transportation to carry out a highway formula 

modernization study, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 9, 2023 

Mr. KELLY (for himself and Mr. CRUZ) introduced the following bill; which 

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

Works 

A BILL 

To require the Secretary of Transportation to carry out 

a highway formula modernization study, 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 Modernization Act of 2023’’. 

6 SEC. 2. HIGHWAY FORMULA MODERNIZATION STUDY. 

7 (a) IN GENERAL.—Not later than 2 years after the 

8 date of enactment of this Act, the Secretary of Transpor9 tation (referred to in this section as the ‘‘Secretary’’), in 


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1 consultation with State departments of transportation and 

2 representatives of local governments (including metropoli3 tan planning organizations), shall conduct a highway for4 mula modernization study to assess the method and data 

5 used to apportion Federal-aid highway funds under sub6 sections (b) and (c) of section 104 of title 23, United 

7 States Code, and issue recommendations relating to that 

8 method and data. 

9 (b) ASSESSMENT.—The highway formula moderniza10 tion study required under subsection (a) shall include an 

11 assessment of, based on the latest available data, whether 

12 the apportionment method described in that subsection re13 sults in— 

14 (1) an equitable distribution of funds based on 

15 the estimated tax payments attributable to— 

16 (A) highway users in the State that are 

17 paid into the Highway Trust Fund; and 

18 (B) individuals in the State that are paid 

19 to the Treasury, based on contributions to the 

20 Highway Trust Fund from the general fund of 

21 the Treasury; and 

22 (2) the achievement of the goals described in 

23 section 101(b)(3) of title 23, United States Code. 

24 (c) CONSIDERATIONS.—In the assessment under sub25 section (b), the Secretary shall consider the following: 


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1 (1) The factors described in sections 104(b), 

2 104(f)(2), 104(h)(2), 130(f), and 144(e) of title 23, 

3 United States Code, as in effect on the date of en4 actment of SAFETEA–LU (Public Law 109–59; 

5 119 Stat. 1144). 

6 (2) The availability and accuracy of data nec7 essary to calculate formula apportionments under 

8 the factors described in paragraph (1). 

9 (3) The measures established under section 150 

10 of title 23, United States Code, and whether those 

11 measures are appropriate for consideration as for12 mula apportionment factors. 

13 (4) Any other factors that the Secretary deter14 mines are appropriate. 

15 (d) RECOMMENDATIONS.—The Secretary, in con16 sultation with State departments of transportation and 

17 representatives of local governments (including metropoli18 tan planning organizations), shall develop recommenda19 tions on a new apportionment method, including— 

20 (1) the factors recommended to be included in 

21 the new apportionment method; 

22 (2) the weighting recommended to be applied to 

23 the factors recommended under paragraph (1); and 

24 (3) any other recommendations to ensure that 

25 the new apportionment method best achieves an eqVerDate Sep 11 2014 00:05 Feb 23, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S352.IS S352

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1 uitable distribution of funds described under sub2 section (b)(1) and the goals described in subsection 

3 (b)(2). 

4 (e) REPORTS TO CONGRESS.— 

5 (1) INTERIM REPORTS.—Not less frequently 

6 than annually during the period during which the 

7 Secretary is carrying out the study under subsection 

8 (a), the Secretary shall submit to Congress an in9 terim report on the progress of the study. 

10 (2) FINAL REPORT.—On completion of the 

11 study under subsection (a), the Secretary shall sub12 mit to Congress a final report on the results of the 

13 study, including the recommendations under sub14 section (d). 

Æ 


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