II 

118TH CONGRESS 

1ST SESSION S. 345 

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 

FEBRUARY 9, 2023 

Mr. CRUZ (for himself, Mr. KELLY, and Mr. CORNYN) 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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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 2024 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, the carbon reduction program 

17 under section 175, to carry out subsection (c) of the 

18 PROTECT program under section 176, and to carry 

19 out section 134 shall be determined as follows: 

20 ‘‘(A) INITIAL AMOUNT.—The initial 

21 amount for each State shall be determined by 

22 multiplying the total amount available for ap23 portionment by the share for each State, which 

24 shall be equal to the proportion that— 


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1 ‘‘(i) the amount of apportionments 

2 that the State received for fiscal year 

3 2012; bears to 

4 ‘‘(ii) the amount of those apportion5 ments received by all States for that fiscal 

6 year. 

7 ‘‘(B) ADJUSTMENTS TO AMOUNTS.— 

8 ‘‘(i) IN GENERAL.—The initial 

9 amounts resulting from the calculation 

10 under subparagraph (A) shall be adjusted 

11 to ensure that, for each State, the amount 

12 of combined apportionments for the pro13 grams shall not be less than an amount 

14 equal to— 

15 ‘‘(I) 95 percent of the applicable 

16 percentage; multiplied by 

17 ‘‘(II) the total amount of funds 

18 available for apportionment. 

19 ‘‘(ii) APPLICABLE PERCENTAGE.—For 

20 purposes of this subparagraph, the applica21 ble percentage shall be an amount, ex22 pressed as a percentage, equal to the 

23 quotient of— 

24 ‘‘(I) the estimated tax payments 

25 attributable to highway users in the 


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1 State that were paid into the Highway 

2 Trust Fund (other than the Mass 

3 Transit Account) for the most recent 

4 fiscal year for which data are avail5 able; divided by 

6 ‘‘(II) the estimated total tax pay7 ments attributable to users in all 

8 States that were paid into the High9 way Trust Fund (other than the Mass 

10 Transit Account) for that fiscal year. 

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

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

13 Secretary shall apportion the sum authorized to be 

14 appropriated for expenditure on the national high15 way performance program under section 119, the 

16 surface transportation block grant program under 

17 section 133, the highway safety improvement pro18 gram under section 148, the congestion mitigation 

19 and air quality improvement program under section 

20 149, the national highway freight program under 

21 section 167, the carbon reduction program under 

22 section 175, to carry out subsection (c) of the PRO23 TECT program under section 176, and to carry out 

24 section 134 in accordance with paragraph (1).’’. 

Æ 


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