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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 352 Introduced in Senate (IS)]

<DOC>

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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Highway Formula Modernization Act of 
2023''.

SEC. 2. HIGHWAY FORMULA MODERNIZATION STUDY.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, the Secretary of Transportation (referred to in this 
section as the ``Secretary''), in consultation with State departments 
of transportation and representatives of local governments (including 
metropolitan planning organizations), shall conduct a highway formula 
modernization study to assess the method and data used to apportion 
Federal-aid highway funds under subsections (b) and (c) of section 104 
of title 23, United States Code, and issue recommendations relating to 
that method and data.
    (b) Assessment.--The highway formula modernization study required 
under subsection (a) shall include an assessment of, based on the 
latest available data, whether the apportionment method described in 
that subsection results in--
            (1) an equitable distribution of funds based on the 
        estimated tax payments attributable to--
                    (A) highway users in the State that are paid into 
                the Highway Trust Fund; and
                    (B) individuals in the State that are paid to the 
                Treasury, based on contributions to the Highway Trust 
                Fund from the general fund of the Treasury; and
            (2) the achievement of the goals described in section 
        101(b)(3) of title 23, United States Code.
    (c) Considerations.--In the assessment under subsection (b), the 
Secretary shall consider the following:
            (1) The factors described in sections 104(b), 104(f)(2), 
        104(h)(2), 130(f), and 144(e) of title 23, United States Code, 
        as in effect on the date of enactment of SAFETEA-LU (Public Law 
        109-59; 119 Stat. 1144).
            (2) The availability and accuracy of data necessary to 
        calculate formula apportionments under the factors described in 
        paragraph (1).
            (3) The measures established under section 150 of title 23, 
        United States Code, and whether those measures are appropriate 
        for consideration as formula apportionment factors.
            (4) Any other factors that the Secretary determines are 
        appropriate.
    (d) Recommendations.--The Secretary, in consultation with State 
departments of transportation and representatives of local governments 
(including metropolitan planning organizations), shall develop 
recommendations on a new apportionment method, including--
            (1) the factors recommended to be included in the new 
        apportionment method;
            (2) the weighting recommended to be applied to the factors 
        recommended under paragraph (1); and
            (3) any other recommendations to ensure that the new 
        apportionment method best achieves an equitable distribution of 
        funds described under subsection (b)(1) and the goals described 
        in subsection (b)(2).
    (e) Reports to Congress.--
            (1) Interim reports.--Not less frequently than annually 
        during the period during which the Secretary is carrying out 
        the study under subsection (a), the Secretary shall submit to 
        Congress an interim report on the progress of the study.
            (2) Final report.--On completion of the study under 
        subsection (a), the Secretary shall submit to Congress a final 
        report on the results of the study, including the 
        recommendations under subsection (d).
                                 <all>
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